Witness and Exhibit List Disclosure

Filed: 01/16/2025 Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court
By: Deputy Clerk-Waters, Renee
LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR., ISB 2613

PROSECUTING ATTORNEY

JEFF NYE, ISB 9238

SPECIAL ASSISTANT ATTORNEY GENERAL

Latah County Courthouse P.O. Box 8068 Moscow, ID 83843
Phone: (208) 883-2246 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO,

Plaintiff, Case No. CR01-24-31665
V. DISCLOSURE FOR HEARING ON

JANUARY 23, 2025

BRYAN C. KOHBERGER

Defendant.

COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and discloses the following exhibits and expert witness for the hearing scheduled for January 23,
2025. The State also reserves the right to call the witnesses disclosed by the defense.

Exhibits:
• Idaho State Police PO230376 dated November 29, 2022, and included attachments, attached hereto as Exhibit S-1.

• Affidavit of Michael D. Lang attesting to State's Exhibit S-5 attached to the December 6, 2024, " State's Objection to Defendant's Motion to Suppress and Memorandum in Support
DISCLOSURE FOR HEARING

ON JANUARY 23, 2025 1

RE: Pennsylvania Search Warrant for 119 Lamsden Drive, Albrightsville, PA and Statements Made " attached as Exhibit S-2.

• Numerous exhibits and affidavits have been filed with the parties ' pleadings and briefing on the motions to be heard starting on January 23, 2025, and the State will utilize those.

Expert Witness:
David Mittelman, PhD Dr. David Mittelman is a renowned scientist and DNA testing expert with over 25 years of experience in genetics and genomics. He has co-authored nearly 50 peer-reviewed articles, with his work cited more than 6,100 times. Dr. Mittelman began his career with the Human Genome Project and trained in Human Genetics at Baylor College of Medicine. A pioneer in genome technology, he has advanced DNA sequencing and SNP microarray technologies, driving innovation in biomedical research, diagnostics, and forensic science. His CV is attached to this disclosure as State's Exhibit S-3.

Dr. Mittelman is the founder and Chief Executive Officer of Othram, a private company specializing in forensic genetic genealogy. Othram performed work in this case, and Dr. Mittelman will testify about the work performed consistent with the Othram reports disclosed in this case.

Dr. Mittelman may also testify on the following topics:
• The role that Othram plays in a criminal investigation such as the investigation that took place in this case. The agreement Othram has with the Idaho State Police, and the services Othram agreed to provide and provided in this case.

• How Othram develops a SNP or WGS data set, including the steps involved and the information revealed — and not revealed during the process. Dr. Mittelman will explain that the testing done in this case did not reveal medical information about Bryan
DISCLOSURE FOR HEARING

ON JANUARY 23, 2025 2

Kohberger. He will discuss how the data collected by Othram is insufficient for medical testing and what additional testing and analysis would be required above and beyond Othram's process to determine medical information.

• How Othram does not offer any services related to medical information and only does forensic work. Dr. Mittelman will explain that additional certifications would be necessary for Othram to perform testing and analysis for medical information.

• The difference between using a SNP profile and STR for testing, including an explanation that a lab can perform either type of testing from raw DNA material.

• The State may also utilize Dr. Mittelman to respond to testimony provided by Mr. Hellwig or Dr. Larkin on any of the topics disclosed by the defense on January 9, 2025.

The State submits that Dr. Mittelman's knowledge and expertise is essential to the State in presenting its case and respectfully requests that Dr. Mittelman be allowed to remain in the courtroom during the testimony of Dr. Larkin and Mr. Hellwig to assist State's counsel as an expert advisory witness pursuant to I.R.E. 615 (a) (3).

RESPECTFULLY SUBMITTED this 16th day of January 2025.

William W. Thompson, Ir. Jeff Nye Prosecuting Attorney Special Assistant Attorney General
DISCLOSURE FOR HEARING

ON JANUARY 23, 2025 3

CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the State's Disclosure for Hearing on January 23, 2025, was served on the following in the manner indicated below:
Anne Taylor Mailed Attorney at Law X E-filed & Served / E-mailed PO Box 9000 Faxed Coeur D Alene, ID 83816-9000 Hand Delivered Dated this 16th day of January, 2025.

Kin K Workman
DISCLOSURE FOR HEARING

ON JANUARY 23, 2025 4

IDAHO

POLICE

Purchase Order
STATE

No. PO230376 Vendor No. 83183586700
IDAHO STATE POLICE Order Date: 11/29/22 700 S. STRATFORD DR. Ship Via:
MERIDIAN, ID 83642 Billing Address: Idaho State Police 700 S. Stratford Dr
Vendor: IRS SAM HLH Meridian ID 83642-6202
OTHRAM INC

8301 NEW TRAILS DR SUITE 110

THE WOODLANDS TX 77381 Deliver to: Idaho State Police Forensics District 3 700 S. Stratford Drive Meridian ID 83642 Quantity Units Item Description Vendor Item No. Unit Price Total Cost
1 EACH RUSH FGGS SNP PANEL 5,000.00 5,000.00

1 EACH IDAHO STATE POLICE CONTRACT 4,500.00 4,500.00

M2022-4843

PROJECT UIMOSCOW

GRAND TOTAL 9,500.00

Comments for Vendor:
Debie Beavers-Rudolph 208-884-7033 State's Exhibit exhibitsticker.com
S-1

CR01-24-31665

OTHRAM Agency ID: D22000030 / REQUEST 21728 Lab # M2022-4843 Quote 21728-Q03 Othram, Inc. Idaho State Police Forensic Services Quote No: 21728-Q03 2829 Technology Forest Blvd, Suite 100 700 South Stratford Drive Date: 2022-11-25 The Woodlands, TX 77381 MERIDIAN, ID 83642 Valid For: 30 days United States UNITED STATES solve@othram.com rylene.nowlin@isp.idaho.gov Service Details Qty Total Rush FGGS® Forensic DNA testing for DNA evidence which will generate a SNP profile 1 $ 5000.00 SNP Panel file that can be used for 1: 1 comparisons or genealogical search. The deliverable is a file that can be uploaded to a genealogical database. Rush service features 4-5 week turn-around-time.

Idaho State Contract Pricing for ISP includes SNP Panel + Records Research + 1 $ 4500.00 Police Database Upload. Previously agreed upon rates.

Contract Total $ 9500.00 All quoted rates are based on the understanding that the parties will enter into, and agree to be bound by, Othram's form of Services Agreement, which will cover and apply to all services provided by Othram, including those services contemplated by this Quote. If this understanding is not correct, all quoted rates are subject to change.

© 2018-2022 Othram, Inc. Page 1 of 1

How to Budget for FGG Casework The budget for developing investigative leads using Forensic Genetic Genealogy varies based the quality of the available DNA evidence and the needs of the investigating agency. The following diagram can help estimate the costs of FGG casework.

Prior to any testing, Othram will assess the case and provide a free budgetary estimate.

Workflow & Pricing Structure
Deliverable Option 1: SNP Profile (Phases 1-2)
Deliverable Option 2: Investigative Leads (Phases 1-3) Phase One Phase Two Phase Three Assessment + Suitability Developing a SNP Profile Investigative Leads 1 Case Review 4 Genomic Filtering & Repair IF NEEDED 7 Database Upload IF NEEDED $ 0 per case $ 0 to $ 999 per item Service $ 1,750 per profile² Case review and evaluation via our secure Othram's proprietary Genomic Filtering & online portak http://request.othram.com Repair service enables us to develop a DNA Database Upload Service includes DNA profile from damaged DNA. The the upload of the profile to GEDMatch 2 DNA Extraction IF NEEDED service is applied based on the quality of and Family Tree DNA databases (if $ 849 per item the DNA extract. needed) and a genealogical report that confirms successful upload and an initial Cases will require 0, 1 or 2 rounds of DNA assessment.

DNA extraction from evidence or skeletal repair.

remains optimized for the development of 2 Fee subject to change based on 3rd a SNP proflie. ⑤ Forensic-Grade Genome party database fees.

SequencingⓇ 3 Proprietary QC¹ $ 2,499 per item 8 Records Research IF NEEDED $ 499 per case (Genealogy) Othram's proprietary Forensic Grade $ 2,499 per case Genome Sequencing (FGGS) generates a Othram's proprietary QC assessment SNP profile file that can be uploaded and evaluates the quantity, quality, and searched in genealogical databases. Records Research leverages Othram's sultability of DNA evidence for testing. This proprietary tools and datasets, and public step helps determine if optional steps such resources to assist human identification as Genomic Fittering & Repair or Mixture Mixture Mitigation IF NEEDED from a DNA profile. Flat-rate per case.

Mitigation are needed. After QC, the 6 customer will have a final budget for the $ 2,499 per sample KinSNP Testing IF NEEDED case. E $ 0 to $ 399 per test Surcharge applied to mixtures depending If the DNA sample does not pass QC, on the complexity of the mixture. Mixture T Surcharge is inclusive of one edditional Tests candidate relationships between there are no further costs to agency. round of FGGS sequencing end the testing individuals using a SNP panel. A report of a victim's reference sampla. will be issued for each KinSNP test based on the results of the predicted relationship.

Report issued if the case does not Report can be issued after the success advance past the QC step. completion of these steps.

Questions? Please contact us at solve@othram.com OTHRAM

LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR., ISB No, 2613
PROSECUTING ATTORNEY

ASHLEY S. JENNINGS, ISB No. 8491
SENIOR DEPUTY PROSECUTOR

Latah County Courthouse 522 S. Adams Street, Ste. 211 Moscow, ID 83843
Phone: (208) 883-2246 ISB No. 2613 paservice@latahcountyid.gov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

STATE OF IDAHO, Case No. CR01-24-31665 Plaintiff,
AFFIDAVIT OF SERGEANT

V. MICHAEL D. LANG

BRYAN C. KOHBERGER,

Defendant.

STATE OF PENNSYLVANIA)

: ss.) Derry Township) I, Sergeant Michael D. Lang, do hereby state the attached statement labelled " State's Exhibit S-5 " and which was attached to the December 6, 2024, " State's Objection to Defendant's Motion to Suppress and Memorandum in Support RE: Pennsylvania Search Warrant for 119 Lamsden Drive, Albrightsville, PA and Statements Made " and is true and correct to the best of
AFFIDAVIT OF SERGEANT MICHAEL D. LANG 1

State's Exhibit exhibitsticker.com
S-2

CR01-24-31665

my knowledge and belief, and I certify (or declare) under penalty of perjury pursuant to the law the State of Idaho that the foregoing is true and correct.

01/14/25 (Date) Sergeant Michael D. Lang
AFFIDAVIT OF SERGEANT MICHAEL D. LANG 2

David Mittelman, PhD
Phone: (832) 390-8570 Email: david@othram.com + Professional Summary Dr. David Mittelman is a renowned scientist and DNA testing expert with over 25 years of experience in genetics and genomics. He has co-authored nearly 50 peer-reviewed articles, with his work cited more than 6,100 times.

Dr. Mittelman began his career with the Human Genome Project and trained in Human Genetics at Baylor College of Medicine. A pioneer in genome technology, he has advanced DNA sequencing and SNP microarray technologies, driving innovation in biomedical research, diagnostics, and forensic science.

+ Professional Experience Year (s) Positions Held Company 10 / 01 / 2018- Founder and Chief Executive Officer Othram Present The Woodlands, TX 09 / 01 / 2015- Partner and Division President Elite Surgical Affiliates
9/30/2018 The Woodlands, TX 01 / 01 / 2015- Investor & Chief Scientific Officer Tute Genomics
08/31/2015 Salt Lake City, UT 08 / 01 / 2013- Partner and Chief Scientific Officer Gene by Gene
12/31/2014 Houston, TX 10 / 1 / 2012- Founder and Chief Scientific Officer Arpeggi
07/31/2013 Austin, TX + Education Baylor College Of Medicine University of Texas at Dallas Houston, TX Richardson, Texas Ph.D. Molecular Biophysics, 2007 B.S. Neuroscience, 2002 + Academic Experience Year (s) Title 2010-2013 Associate Professor, Dept of Basic Science, Virginia Tech Carilion School of Medicine.

(from 2012) Associate Professor, Dept of Biological Sciences at Virginia Tech, Department Chair: Dr.

Brenda Winkel, Ph.D. (from 2011) Associate Professor, Virginia Bioinformatics Institute at Virginia Tech, Institute Director:
Dr. Chris Barrett, Ph.D. (from 2010) 2009-2010 Ruth L. Kirschstein NRSA Fellow, Human Genome Sequencing Center at Baylor College of Medicine, Center Director: Dr. Richard Gibbs, Ph.D.

State's Exhibit exhibitsticker.com
S-3

CR01-24-31665

David Mittelman, PhD
Phone: (832) 390-8570 Email: david@othram.com 2008-2009 Lecturer, Department of Ecology and Evolutionary Biology at Rice University.

2007-2009 Postdoctoral Fellow, Department Molecular and Human Genetics at Baylor College of Medicine, laboratory of Juan Botas, Ph.D.

2002-2007 Graduate Student, Department of Biochemistry at Baylor College of Medicine, laboratory of John Wilson, Ph.D.

2002 Scientific Programmer, Department of Biochemistry at UT Southwestern Medical Center, laboratory of Nick Grishin, Ph.D.

1997-2002 Research Assistant, McDermott Center for Human Growth and Development at UT Southwestern Medical Center, laboratory of Harold Garner, Ph.D.

+ Books
1. D. Mittelman (ed) (2013) Stress-Induced Mutagenesis. New York, NY: Springer.

+ Chapters And Collections (* Corresponding Author)
2. J. Wilson, C. Moye, and D. Mittelman (2016) Engineered Nucleases and Trinucleotide Repeat Diseases, a chapter in Genome Editing: The Next Step in Gene Therapy, Toni Cathomen, Matthew Hirsch, and Matthew Porteus, Springer.

3. R.M. Ward and D. Mittelman * (2013) Tandem repeat instability and genome evolution, in: eLS. John Wiley & Sons Ltd, Chichester. http://www.els.net [doi: 10.1002 / 9780470015902.00024945]
4. K.J. Luebke, R.P. Balog, D. Mittelman and H.R. Garner (2002) Digital Optical Chemistry: A Novel System for the Rapid Fabrication of Custom Oligonucleotide Arrays, a chapter in Microfabricated Sensors, Application of Optical Technology for DNA Analysis, Usmani and Wai Tak Law, editors, ACS Publications.

+ Invited Reviews & Perspectives (* Corresponding Author)
5. R. Khan and D. Mittelman * (2018) Consumer genomics will change your life, whether you get tested or not, Genome Biology, 19 (1): 120.

6. R. Khan, L. Goodman, and D. Mittelman * (2014) Scientific Publishing Meets the 21st Century, Genome Biology, 15 (12): 556.

7. R. Khan and D. Mittelman * (2013) Rumors of the death of consumer genomics are greatly exaggerated, Genome Biology, 14 (11): 139.

8. R.M. Ward, R. Schmieder, G. Highnam, and D. Mittelman * (2013) Big data challenges and opportunities in high-throughput sequencing. Systems Biomedicine, 1 (1): 23-28.

9. D. Mittelman * and J.H. Wilson (2013) The fractured genome of HeLa cells. Genome Biology, 4 (4): 111.

David Mittelman, PhD
Phone: (832) 390-8570 Email: david@othram.com
10. G. Highnam and D. Mittelman * (2012) Personal genomes and precision medicine, Genome Biology, 13 12 (): 324.

11. N.C. Fonville, R.M. Ward, and D. Mittelman * (2011) Stress-induced modulators of repeat instability and genome evolution, J Mol Microbiol Biotechnol, 21: 36-44.

12. D. Mittelman * and J.H. Wilson (2010) Stress, genomes, and evolution. Cell Stress Chaperones, 15 (5): 463-6.

+ Select Peer-Reviewed Publications (* Corresponding Author)
13. S. A. Bates, B. Budowle, L. Baker, K. Mittelman, D. Mittelman (2025). A Molecular framework for enhancing quality control and sample integrity in forensic genome sequencing. Forensic Science
International: Genetics, 103179.

14. S. N. Mandape, B. Budowle, H. McKiernan, D. Slack, K. Mittelman, D. Mittelman (2025). Dense SNP-based analyses complement forensic anthropology biogeographical ancestry assessments. Forensic
Science International: Genetics, 74, 103147.

15. B. Budowle, L. Baker, A. Sajantila, K. Mittelman, D. Mittelman (2024) Prioritizing privacy and presentation of supportable hypothesis testing in forensic genetic genealogy investigations, BioTechniques 76 (9), 425-431.

16. S. Mandape, B. Budowle, K. Mittelman, D. Mittelman * (2024) Dense single nucleotide polymorphism testing revolutionizes scope and degree of certainty for source attribution in forensic investigations, Croatian Medical Journal, 65 (3): 249-260.

17. H. Fang, Y. Wu, H. Yang, M. Yoon, L.T. Jiménez-Barrón, D. Mittelman, R. Robison, K. Wang, G.J.

Lyon (2017) Whole genome sequencing of one complex pedigree illustrates challenges with genomic medicine, BMC Med Genomics, 10 (1): 10.

18. G.D. Poznik et. al. (2016) Punctuated bursts in human male demography inferred from 1,244 worldwide Y-chromosome sequences, Nature Genetics, 48 (6): 593-9.

19. J. Quilez, A. Guilmatre, P. Garg, G. Highnam, M. Gymrek, Y. Erlich, R.S. Joshi, D. Mittelman, A.J.

Sharp (2016) Polymorphic tandem repeats within gene promoters act as modifiers of gene expression and DNA methylation in humans, Nucleic Acids Res, 44 (8): 3750-62.

20. J.A. O'Rawe, Y. Wu, M.J. Dörfel, A.F. Rope et. al.... D. Mittelman... M. Rosello, C.E. Keegan, G.J. Lyon (2015) TAF1 Variants Are Associated with Dysmorphic Features, Intellectual Disability, and Neurological Manifestations, Am J Hum Genet, 97 (6): 922-32.

21. 1000 Genomes Project Consortium (2015) A global reference for human genetic variation, Nature, 526 (7571): 68-74.

22. S.T. Bilgin, T. Carvalho, M.D. Robinson, M.P. Greminger, M. Krützen, D. Comas, G. Highnam, D.

Mittelman, A. Sharp, T. Marques-Bonet, A. Wagner (2015) Tandem repeat variation in human and great ape populations and its impact on gene expression divergence, Genome Res, 25 (11): 1591-9.

David Mittelman, PhD
Phone: (832) 390-8570 Email: david@othram.com
23. G. Highnam, J. Wang, D. Kusler, J. Zook, V. Vijayan, N. Leibovich, and D. Mittelman * (2014) An analytical framework for optimizing variant discovery from personal genomes, Nat Commun, 6: 6275.

24. B.A. Santillan, C. Moye, D. Mittelman D, Wilson JH (2015) GFP-based fluorescence assay for CAG repeat instability in cultured human cells, PLoS One, 9 (11): e113952.

25. T.F. Willems, M. Gymrek, G. Highnam, D. Mittelman, and Y. Erlich (2014) Landscape of Human STR Variation. Genome Research, 24 (11): 1894-904.

26. S.N. Porter, L.C. Baker, D. Mittelman, M.H. Porteus (2014) Lentiviral and targeted cellular barcoding reveals ongoing clonal dynamics of cell lines in vitro and in vivo. Genome Biology, 15 (5): R75.

27. W. Huang, A. Massouras, Y. Inoue, J. Peiffer et. al.... D. Mittelman, D. Muzny, R.A. Gibbs, A.

Barbadilla, S. Johnston, E. Stone, S. Richards, B. Deplancke, and T.F.C. Mackay (2014) Natural variation in genome architecture among 205 Drosophila melanogaster Genetic Reference Panel lines.

Genome Research, 24 (7): 1193-208.

28. J. Zook, B. Chapman, J. Wang, D. Mittelman, O. Hofmann, W. Hide, and M. Salit (2014) Integrating sequencing datasets to form highly confident SNP and indel genotype calls for a whole human genome.

Nature Biotech, 32 (3): 246-51.

29. A. Guilmatre, G. Highnam, C. Borel, D. Mittelman, and A.J. Sharp (2013) Rapid multiplexed genotyping of simple tandem repeats using capture and high-throughput sequencing. Human Mutation, 34 (9): 1304-11.

30. G. Highnam, C. Franck, A. Martin, C. Stephens, A. Puthige, and D. Mittelman * (2013) Accurate human microsatellite genotypes from high-throughput resequencing data using informed error profiles. Nucleic Acids Res, 40 (1): e32.

31. J. Li, R. Schmieder, R.M. Ward, J. Delenick, E.C. Olivares, and D. Mittelman * (2012) SEQanswers: An open access community for collaboratively decoding genomes. Bioinformatics, 28 (9): 1272-3.

32. J. Fondon III, A. Martin, S. Richards, R.A. Gibbs, and D. Mittelman * (2012) Analys