Court Filing
EXHIBIT S-1
Amended Supplemental Expert Disclosure: Shane Cox The State of Idaho has previously disclosed Shane Cox, Litigation and Regulatory Manager II Law Enforcement Response (LER) for Amazon.com. The State incorporates its previous response and attachments filed on December 18, 2024, and is hereby supplementing that response as follows.
Cox can summarize records obtained from Amazon.com for Bryan C. Kohberger as follows:
• The Amazon.com account is registered to customer " Bryan C. Kohberger " using the email address bryanchristopher1994@gmail.com (“ Bryan C. Kohberger Account ”).
The account records show that Bryan C. Kohberger has been a " [c] ustomer since " October 23, 2017.
• The address history for the Bryan C. Kohberger Account lists 119 Lamsden Drive, Albrightsville, PA 18210-7004 as the address for Bryan Kohberger. This address was added on October 23, 2017. The other address listed on the account for Bryan Kohberger is 1630 NE Valley Rd. G 201, in Pullman, Washington, 99163-4400. This address was added on July 11, 2022. The phone number that is listed for Bryan Kohberger for both addresses is 570-520-5889.
• The account also lists 119 Lamsden Drive, Albrightsville PA 18210-7004 as the address for Michael Kohberger.
• There are six separate credit cards on file for this account: three cards issued to Bryan C. Kohberger (Visas ending in ████ ████ and ████); two credit cards issued to Michael Kohberger (Discover ending in █████ and Visa ending in ████); and one credit EXHIBIT S-1 STATE'S EXHIBIT exhibitsticker.com
Amended Supplemental Disclosure: Shane Cox 1
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CR01-24-31665
card issued to Maryann Kohberger (Visa ending in ████
• On March 20, 2022, at 20:04:43 UTC, the customer purchased an electronic Amazon gift card for $ 130.00 using the Bryan C. Kohberger Account. The billing information for this purchase was Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-
7004. The billing phone number listed for the purchase was 570-205-5889. The credit card used was a Visa ending in █████ issued to Bryan C. Kohberger.
• On March 21, 2022, at 00:28:59 UTC, the customer purchased a “ KA-BAR 9926 Sharpener " for $ 23.40 using the Amazon electronic gift card through the Bryan C.
Kohberger Account. On the same day and time, the customer purchased a " KA-BAR Full Size US Marine Corps Fighting Knife, Straight " for $ 86.15 using the Amazon electronic gift card through the same Amazon.com account. The billing information for these purchases was Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-7004. The billing phone number listed for the purchases was 570-205-5889.
The items were shipped to Bryan Kohberger at 119 Lamsden Dr., Albrightsville, PA 18210-7004.
• On March 21, 2022, at 15:25:56 UTC, the customer purchased " Omega 3 Vegan DHA Supplements-Garden of Life " for a total amount of $ 44.78 using the Bryan C.
Kohberger Account. $ 20.45 of this purchase was purchased using the Amazon electronic gift card. That left a balance owing of $ 24.33, which was put on Bryan C.
Kohberger's Visa ending in █████ The billing information was for Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-7004. The billing phone number listed for this purchase was 570-205-5889. The item was shipped to Bryan Kohberger at 119 Lamsden Dr., Albrightsville, PA 18210-7004.
EXHIBIT S-1
Amended Supplemental Disclosure: Shane Cox 2
• Amazon.com click activity associated with the Bryan C. Kohberger Account shows that the customer viewed pages associated with KA-Bar style knives on Amazon.com on March 20, 2022 (the same day the customer purchased the Amazon electronic gift card) and on March 21, 2022 (the same day the customer purchased the KA-Bar knife and sharpener).
• On March 22-27, 2022, the Amazon.com click activity for the Bryan C. Kohberger Account shows each day that the customer was viewing pages associated with the shipping progress of the Amazon.com order for the KA-Bar knife and sharpener that were purchased on March 21, 2022.
• On November 15, 2022, Amazon.com click activity for the Bryan C. Kohberger Account shows that the customer navigated to a page related to the deletion of account activity.
• On November 23, 2022, and December 6, 2022, the Amazon.com click activity for the Bryan C. Kohberger Account shows the customer was viewing pages associated with Ka-Bar style knives with sheaths from this Amazon.com account.
EXHIBIT S-1
Amended Supplemental Disclosure: Shane Cox 3
EXHIBIT S-2
Amended Supplemental Expert Disclosure: ████████████████████
The State of Idaho has previously disclosed █████████████████ Forensic Accountant (FoA) for the Federal Bureau of Investigation (FBI). The State incorporates its previous response and attachments filed on December 18, 2024, and is hereby supplementing that response as follows.
Anticipated Summary Evidence Testimony
██████████ will testify and answer questions about summary exhibits pursuant to Idaho Rules of Evidence Rule 1006 which mirrors the Federal Rules of Evidence. A significant portion of ██████████ testimony will relate to the presentation of summary evidence pursuant I.R.E. 1006, allows for the introduction of summary evidence to aid the jury in the examination of testimony or documents in evidence. See e.g., United States v.
Behrens, 689 F.2d 154, 161-62 (10th Cir.), cert. denied, 459 U.S. 1088 (1982). The rule provides that " [t] he proponent can use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. " The proponent of summary evidence under the rule “ must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. " Id. I.R.E. 1006.
The proponent of a summary introduced pursuant to Rule 1006 must establish the admissibility of the underlying documents as a condition precedent to introduction of the summary. United States v. Samaniego, 187 F.3d 1222, 1223 (10th Cir. 1994). The underlying documents do not have to be admitted, but they must be established as admissible. Id. Summaries must fairly represent the underlying documents upon which EXHIBIT S-2 STATE'S EXHIBIT exhibitsticker.com Amended Supplemental Expert Disclosure: ████████████████ 1
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they are based. United States v. Conford, 336 F.2d 285, 287-88 (10th Cir. 1964). The Tenth Circuit has repeatedly approved the use of Rule 1006 summaries, particularly where, as here, the summaries will aid the jury in organizing the information contained in a large number of documents into understandable form. Swallow v. United States, 307 F.2d 81, 84 (10th Cir. 1962) (summaries approved in cases involving complicated documentary proof); Behrens, 689 F.2d at 161-62. Rule 1006 treats properly admitted summaries as evidence in their own right rather than just presentations of other evidence in a more coherent form, as long as the underlying evidence is admissible. Samaniego, 187 F.3d at 1223-24.
Regarding disclosure, a summary witness's anticipated testimony is not required under either the Idaho Criminal Rules or Idaho Rules of Evidence. Even so, the State of Idaho makes this disclosure as a courtesy, expressly reserving its right to revise the subject matter of ██████████ summary testimony. The State of Idaho has previously produced financial and non-financial records that are broad in scope and relate to multiple financial accounts, footage produced by financial institutions, purchase records, and cryptocurrency records (detailed below).
██████████ will provide summary testimony regarding the source, location, timing, and disposition of the transactions he reviewed in the financial records. His testimony will be accompanied by various summary charts he prepared to aid his testimony. His testimony will identify which financial records he relied upon, the source and use of funds, links between records, and overall summaries of the accounts. His " testimony [will] rest [] on the personal knowledge [he] gained during the course of [his] examination " of records obtained in this case. United States v. Weaver, 281 F.3d 228, 231 (D.C. Cir. 2002).
EXHIBIT S-2
Amended Supplemental Expert Disclosure: █████████████████ 2
The fact that he " performed ' routine computations and culling through of documents ' to arrive at [his] conclusions [does] not require [him] to be qualified as an expert " for this testimony. Id. (citing United States v. Lemire, 720 F.2d 1327, 1350 (D.C.Cir.1983)). This notice serves to supplement the information in ██████████ reports by summarizing areas of anticipated testimony but does not repeat the specific findings that are detailed in his reports attached to State's initial response as Exhibits S-7 (a) - (b) While reserving its right to revise the subject matter of █████████ testimony, the State anticipates █████████ can provide summary testimony regarding the following:
1. █████████ can summarize information from accounts in the name of Bryan Kohberger received from Crypto.com/Foris Dax, Washington Trust Bank (WTB), and Pennsylvania State Employees Credit Union (PSECU). His summary of the financial data can be broken down by postdate, location, amount, transaction type, and / or payor / payee name. His analysis of the bank accounts covers the time frame of January 1, 2022 through December 15, 2022, noting that the WTB account was opened on August 26, 2022. █████████ can also refer to signature cards and other documents used to open the below accounts:
Bank Name Account Name Account Number / User ID Pennsylvania State Bryan C Kohberger ████████████████
Employees Credit Union Washington Trust Bank Bryan C Kohberger █████████████████
Foris Dax Inc DBA Bryan C Kohberger █████████████████
Crypto.com
EXHIBIT S-2
Amended Supplemental Expert Disclosure: ████████████████ 3
2. For the Bryan Kohberger accounts, █████████ can discuss certain transactions, particularly automated teller machine (ATM) withdrawals, occurring in the month of November 2022. █████████ can also describe a transaction payable to the Washington Department of Licensing. █████████ can explain that he observed photographic footage, as provided by the financial institutions, linked to Bryan Kohberger's accounts. For example, he can explain he observed Bryan Kohberger, the account holder, in a white vehicle making these ATM withdrawals.
3. ██████████ can summarize information from accounts associated with Bank of America, Banner Bank, Discover, Idaho Central Credit Union, Numerica Credit Union, Paypal / Venmo, and Wells Fargo. These are accounts set up in the names of the victims (Madison Mogen, Kaylee Goncalves, Ethan Chapin, Xana Kernodle, Bethany Funke, and Dylan Mortensen) in this matter.
4. █████████ can summarize records obtained from Amazon.com for Bryan Kohberger. █████████ can discuss Bryan Kohberger's Amazon purchase history, gift card purchases, click data, and customer information for his account. He can specifically outline Bryan Kohberger's Amazon.com records as follows:
• The Amazon.com account is registered to customer " Bryan C. Kohberger " using the email address bryanchristopher1994@gmail.com (" Bryan C.
Kohberger Account "). The account records show that Bryan C. Kohberger has been a " [c] ustomer since " October 23, 2017.
• The address history for the Bryan C. Kohberger Account lists 119 Lamsden Drive, Albrightsville, PA 18210-7004 as the address for Bryan Kohberger.
This address was added on October 23, 2017. The other address listed on the
EXHIBIT S-2
Amended Supplemental Expert Disclosure: █████████████████ 4
account for Bryan Kohberger is 1630 NE Valley Rd. G 201, in Pullman, Washington, 99163-4400. This address was added on July 11, 2022. The phone number that is listed for Bryan Kohberger for both addresses is 570- 520-5889.
• The account also lists 119 Lamsden Drive, Albrightsville PA 18210-7004 as the address for Michael Kohberger.
• There are six separate credit cards on file for this account: three cards issued to Bryan C. Kohberger (Visas ending in ████ █████ and ████); two credit cards issued to Michael Kohberger (Discover ending in █████ and Visa ending in █████ ████); and one credit card issued to Maryann Kohberger (Visa ending in
• On March 20, 2022, at 20:04:43 UTC, the customer purchased an electronic Amazon gift card for $ 130.00 using the Bryan C. Kohberger Account. The billing information for this purchase was Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-7004. The billing phone number listed for the purchase was 570-205-5889. The credit card used was a Visa ending in ██████
issued to Bryan C. Kohberger.
• On March 21, 2022, at 00:28:59 UTC, the customer purchased a " KA-BAR 9926 Sharpener " for $ 23.40 using the Amazon electronic gift card through the Bryan C. Kohberger Account. On the same day and time, the customer purchased a " KA-BAR Full Size US Marine Corps Fighting Knife, Straight " for $ 86.15 using the Amazon electronic gift card through the same
EXHIBIT S-2
Amended Supplemental Expert Disclosure: █████████████████ 5
Amazon.com account. The billing information for these purchases was Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-7004. The billing phone number listed for the purchases was 570-205-5889. The items were shipped to Bryan Kohberger at 119 Lamsden Dr., Albrightsville, PA 18210- 7004.
• On March 21, 2022, at 15:25:56 UTC, the customer purchased " Omega 3 Vegan DHA Supplements-Garden of Life " for a total amount of $ 44.78 using the Bryan C. Kohberger Account. $ 20.45 of this purchase was purchased using the Amazon electronic gift card. That left a balance owing of $ 24.33, which was put on Bryan C. Kohberger's Visa ending in ████ The billing information was for Bryan Kohberger, 119 Lamsden Dr., Albrightsville, PA 18210-7004. The billing phone number listed for this purchase was 570-205-5889. The item was shipped to Bryan Kohberger at 119 Lamsden Dr., Albrightsville, PA 18210-7004.
• Amazon.com click activity associated with the Bryan C. Kohberger Account shows that the customer viewed pages associated with KA-Bar style knives on Amazon.com on March 20, 2022 (the same day the customer purchased the Amazon electronic gift card) and on March 21, 2022 (the same day the customer purchased the KA-Bar knife and sharpener).
• On March 22-27, 2022, the Amazon.com click activity for the Bryan C.
Kohberger Account shows each day that the customer was viewing pages associated with the shipping progress of the Amazon.com order for the KA- Bar knife and sharpener that were purchased on March 21, 2022.
EXHIBIT S-2
Amended Supplemental Expert Disclosure: █████████████████ 6
• On November 15, 2022, Amazon.com click activity for the Bryan C.
Kohberger Account shows that the customer navigated to a page related to the deletion of account activity.
• On November 23, 2022 and December 6, 2022, the Amazon.com click activity for the Bryan C. Kohberger Account shows the customer was viewing pages associated with Ka-Bar style knives with sheaths from this Amazon.com account.
Pursuant to I.R.E. 1006, the State (the proponent of the summary evidence) has provided the originals or duplicates for the contents of the records to defense as follows (and can produce them in court if so ordered):
Description of Discovery Location of Date Discovered Discovery Amazon records for Bryan Kohberger AV000236 5/18/23
AV000243 5/18/23
AV000388 7/12/23
Crypto.com records for Bryan AV000863 2/12/24 Kohberger Dick's Sporting Goods records for AV000270 5/18/23 Bryan Kohberger Essa Band and Trust records for Bryan AV000319 6/5/23 Kohberger Marshall's records for Bryan Kohberger AV000269 5/18/23
AV000861 2/12/24
Pennsylvania State Employees Credit AV000226 5/18/23 Union (PSECU) for Bryan Kohberger AV000259 5/18/23 PNC Bank records for Bryan Kohberger AV000862 2/12/24 Ross records for Bryan Kohberger AV000861 2/12/24 Synchrony (Paypal) records for Bryan AV000225 5/18/23 Kohberger AV000260- Target records for Bryan Kohberger AV000253 5/18/23
AV000861 2/12/24
AV000864 2/12/24
Under Armour records for Bryan AV000271 5/18/23 Kohberger
EXHIBIT S-2
Amended Supplemental Expert Disclosure: █████████████████ 7
Venmo records for Bryan Kohberger AV000215 5/18/23 Walmart records for Bryan Kohberger AV000252 5/18/23 Washington Trust Bank (WTB) for AV000227 5/18/23 Bryan Kohberger Winco records for Bryan Kohberger, AV000860 2/12/24
AV000861 2/12/24
Anticipated Expert Testimony Idaho Criminal Rule 16 (7) requires that, at the defendant's request, the State must disclose the information for any testimony the state intends use at trial pursuant to I.R.E.
702, 703, or 705. See I.C.R. 16 (7). The summary must describe the " witness's opinions, the facts and data for those opinions, and the witness's qualifications. " Id.
Since 2017, █████████ has been employed by the Federal Bureau of Investigation (" FBI ") as a Forensic Accountant. In 2024, ██████████ was selected to serve as the Relief Supervisor for the Salt Lake City Division Forensic Accountant squad. In his role, he has experience in reviewing, compiling, and examining financial data, reporting his findings, and preparing summary charts. He has been primarily engaged in violent crime investigations, including investigations involving missing persons, child abductions, harassment and extortion, prison gangs, organized crime drug enforcement task force, and attempted bombings and explosive violations. Before he joined the FBI, ██████████ worked for nearly four years at the Idaho State Tax Commission as a fraud investigator in its Non- Filer Tax Department. There, he analyzed business and personal financial information to determine appropriate tax liabilities. ██████████ qualifications have been set forth in detail in the Curriculum Vitae which was disclosed with the State's December 18, 2024, filing.
At trial, █████████ will primarily testify to his analysis of the financial records and the purchases made by Bryan Kohberger. He can interpret bank documentation and
EXHIBIT S-2
Amended Supplemental Expert Disclosure: ████████████████████ 8
provide an analysis of Bryan Kohberger's transactions leading up to, and after, November 13, 2022 (i.e. the date of the homicides in Moscow, Idaho). These opinions will provide context and help the jury understand the nature of the financial records, spending habits, and transactions, including:
1. Knowledge of Bank Information: The State intends to ask █████████ to render an expert opinion, based upon his experience and knowledge of the banking industry.
██████████ can explain certain terminology on bank documents or describe procedures normally carried out at banks. For example, he can describe the process of opening bank accounts online, and the information collected during the application process. He can also discuss ATM withdrawals, and the collection of video and photographic information received from financial institutions.
2. Analysis of Spending Habits, Debit Card Purchases, and ATM Withdrawals: The State intends to ask █████████ to provide an expert opinion, based on his experience in reviewing financial records as part of an investigation. █████████ can discuss the spending habits, debit card purchases, and ATM withdrawals he observed in the WTB and PSECU accounts both prior to, and after, the dates of the homicides in Moscow, Idaho.
a. █████████ will state that Bryan Kohberger's WTB account was opened on August 26, 2022, with a deposit of $ 50. On August 30, 2022,
█████████ observed a $ 2,000.23 ACH deposit in the account. The account was inactive until November 2022. On November 13, 2022, and forward, █████████ observed eight ATM withdrawals. █████████ will explain that the first ATM withdrawal occurred at 10:49 a.m. on
EXHIBIT S-2
Amended Supplemental Expert Disclosure: ████████████████████ 9
November 13, 2022, which comports with the date of the homicides in Mos