Court Filing
Electronically Filed 3/24/2025 2:32 PM Fourth Judicial District, Ada County Trent Tripple, Clerk of the Court By: Jennifer Keyes, Deputy Clerk 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 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, STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE V. ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. BRYAN C. KOHBERGER, 803 (24) Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully replies to “ Defendant's Objection to State's Motion in Limine Re: Self-Authentication of Records ” filed on March 17, 2025. The State seeks to rely on self-authenticating evidence as opposed to calling foundational witnesses in order to accomplish the same. It is understood that admission would be contingent upon the State laying a proper foundation with a Certificate / Affidavit under I.R.E. 803 (6) or (8) STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 1 and the requirements of I.R.E. 902 (4) or (11). It is also understood that admission would be dependent on the State showing the relevance of the evidence. Replying specifically to Defendant's Response: 1. 1320 Linda Lane surveillance footage for November 13, 2022 (Hard drive provided on 4/5/23, AV000147) This footage is maintained by a property management company. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, approximately.3 miles from 1122 King Road (i.e. the crime scene). The State may rely on video footage around 3:29 a.m. showing the suspect vehicle the area of the crime scene prior to the homicides. The State is in the process of obtaining a Certificate of Authenticity. 2. 1330 Linda Lane surveillance footage for November 13, 2022 (Hard drive provided on 4/5/23, AV000147) This footage is maintained by the same property management company as 1320 Linda Lane. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, approximately.3 miles from 1122 King Road (i.e. the crime scene). The State may rely on video footage from approximately 3:30 a.m. to 4:07 a.m. showing the suspect vehicle travelling around the area of the crime scene prior to the homicides. The State is in the process of obtaining a Certificate of Authenticity. 3. Albertson's (Clarkston, WA) video surveillance and business records for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by Albertson's Grocery in Clarkston, Washington. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022. The State may rely on video footage from approximately 12:46 p.m. to 1:06 p.m. to show Defendant's vehicle and actions hours after the homicides. The State is in the process of obtaining a Certificate of Authenticity. 4. Amazon financial and user records for Bryan Kohberger (Hard drive provided on 4/5/23; AV000236, AV000243, AV000398; AV000832) Regarding purchase history, the State is attaching a “ Certificate of Authenticity " dated 12/30/22 pursuant to I.RE. 803 (6) and 902 (11) from Amazon.com. State's Exhibit S-1. This Certificate was included with an excel data file that details Bryan Kohberger's subscription information and order history from January 5, 2022, to December 13, 2022. At trial, the State intends to offer the Certificate with the attached records as an Exhibit. Defendant was provided this information on May 18, 2023. STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 2 Regarding click history, the State is attaching a " Certificate of Authenticity " pursuant to I.R.E. 803 (6) and 902 (11) from Amazon.com. State's Exhibit S-2. This references “ CRIM1259132 2023 DS which is related to the excel data file by the same name that details subscription information, click activity, and sign-in history of the Defendant as directed in the underlying search warrant. At trial, the State intends to offer the Certificate with the attached records as an Exhibit. Defendant was provided this information on July 12, 2023. The State incorporates “ State's Response to Defendant's Motion in Limine # 9 Re: Excluding Amazon Click Activity Evidence at Trial ” filed March 17, 2025, to this reply. 5. AT & T phone records for Bryan Kohberger, MM, XK (AV000228; Hard drive provided on 4/5/23) The above AT & T phone records are relied upon by the State's expert witness Nicholas Ballance as detailed in his expert disclosures. A Certificate of Authenticity is attached as Exhibit S-3 which was included with the return for Bryan Kohberger's AT & T records for November 12-November 14, 2022. This was provided to Defendant around April 4, 2023. A Certificate of Authenticity is attached as Exhibit S-4 which was included with the return for Bryan Kohberger's AT & T records for June 23, 2022, to December 23, 2022. This was provided to Defendant around April 4, 2023. Call detail records were provided for both MM and XK (discovered on May 16, 2024 and again on August 16, 2024). The State intends to obtain a certificate of authenticity from AT & T that comports with I.R.E. 803 (6) and 902 (11) prior to offering the exhibit. 6. Bagel Shop video surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, from approximately 1:40 a.m. to 2:00 a.m. This evidence provides a timeline of events (for KG and MM) before the homicides and corroborates State's witnesses ' testimony. The State is in the process of obtaining a Certificate of Authenticity. 7. Bank of America bank records for BF and XK (Hard drive provided on 4/5/23; AV000133; AV000254) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 8. Banner Bank banking records for EC (Hard drive provided on 4/5/23; AV000255) STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 3 The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 9. Café Artista video surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, at approximately 1:40 a.m. This evidence provides a timeline of events (for KG and MM) before the homicides and corroborates State's witnesses ' testimony. The State is in the process of obtaining a Certificate of Authenticity. 10. Corner Club video surveillance video for November 12-13, 2022 (Hard drive provided on 4/5/23; AV000076 and AV000143) This footage is maintained by a business. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 12, 2022 at approximately 10:20 p.m. through November 13, 2022, at approximately 1:37 a.m. This evidence provides a timeline of events (for KG and MM) before the homicides and corroborates State's witnesses ' testimony. The State is in the process of obtaining a Certificate of Authenticity. 11. Corner Club financial transaction receipts of sales for November 13, 2022 (Bates Pages 342-480) These documents are maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The relevant portion is attached as State's Exhibit S-5. This evidence provides a timeline of events (for KG and MM) before the homicides and corroborates State's witnesses ' testimony. The State is in the process of obtaining a Certificate of Authenticity. 12. Costco (Clarkston, WA) surveillance video for November 13, 2022 (AV000229; Hard drive provided on 4/5/23) This footage is maintained by a business, Costco Wholesale in Clarkston, Washington. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022. The State may rely on video footage from approximately 11:59 a.m. to show Defendant's vehicle and actions hours after the homicides. A Certificate of Authenticity is attached as Exhibit S-6 which was included with the return for Costco records. This was provided to Defendant on May 18, 2023. 13. DeSales student records regarding Bryan Kohberger (AV000291) These documents are maintained by a private university. The State would seek admission STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 4 of this document pursuant to I.R.E. 803 (6) and 902 (11). The State has attached the relevant evidence which would be introduced to show Defendant's knowledge of crime scenes. State's Exhibit S-7. The State is in the process of obtaining a Certificate of Authenticity. 14. Dick's Sporting Goods record of sale for Bryan Kohberger (AV000270) These documents are maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The relevance of this information is that Bryan Kohberger purchased a black balaclava from Dick's Sporting Goods on January 10, 2022. This mask is the same type of mask described by DM that she witnessed worn by a male in the residence on November 13, 2022. A Certificate of Authenticity is attached as Exhibit S-8 which was included with the return for Dick's records. This was provided to Defendant on May 18, 2023. 15. Discover financial records for KG (AV000256; Hard drive provided on 4/5/23) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 16. Door Dash records for XK and EC (AV000265; Hard drive provided on 4/5/23) These documents are maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The State may rely on the attached records (State's Exhibit S-9) from Door Dash regarding a delivery to 1122 King Road on November 13, 2022, at 3:59 a.m. This particular evidence provides a timeline of events (for XK) before the homicides and corroborates State's witnesses ' testimony. This was provided to Defendant on May 26, 2023. The State is in the process of obtaining a Certificate of Authenticity. 17. Early Warning Records (AV000213) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 18. Elan Financial records for KG (Hard drive provided on 4/5/23) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 19. E & S Services (1300 Johnson Ave., Pullman, WA) surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The State may rely on video footage from STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 5 November 13, 2022 at around 5:26 a.m. showing the suspect vehicle after the homicides in Pullman, WA. A Certificate of Authenticity is attached as Exhibit S-10 which was obtained prior to the grand jury. This was provided to Defendant with grand jury materials in July 2023. 20. Farmer's Insurance surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 21. Floyd's Cannabis Co. surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of the video footage pursuant to I.R.E. 803 (6). The State may rely on video footage from November 13, 2022, at around 3:02 a.m. showing a white sedan on State Route 270 between Pullman, WA and Moscow, ID approximately one hour before the homicides. The State is in the process of obtaining a Certificate of Authenticity. 22. ForisDax (Crypto.com) financial records for Bryan Kohberger (AV000863) These records are maintained by a business. The State would seek admission of the records pursuant to I.R.E. 803 (6). The State has provided information related to the relevancy of this item in its expert disclosure for FoA Michael Douglass. FoA Douglass is a factual witness regarding this account. The State is in the process of obtaining a Certificate of Authenticity. 23. Grub Truck video surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of this footage pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, from approximately 1:43 a.m. to 1:53 a.m. PST. This evidence provides a timeline of events (for KG and MM) before the homicides and corroborates State's witnesses ' testimony. The State is in the process of obtaining a Certificate of Authenticity. 24. Harbor Freight business and surveillance records (Hard drive provided on 4/5/23; AV000350) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 25. Idaho Central Credit Union (ICCU) bank records for MM (Hard drive provided on 4/5/23; AV000257) STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 6 The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 26. Indian Mountain Lake surveillance and records (AV000427) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 27. Joann Fabrics financial records (AV000868) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 28. Latah County Sheriff's Office Deputy Darren Duke body camera video on August 21, 2022 (AV000100) This is a public record pursuant to Rule 803 (6) and (8). The State is in the process of obtaining a Certificate of Authenticity. 29. Latah County Sheriff's Office citation issued on August 21, 2022 (Bates Number 13012- 13013) This is a public record pursuant to Rule 803 (6) and (8). The State is in the process of obtaining a Certificate of Authenticity. 30. Marshall's financial records for Bryan Kohberger (AV000269, AV000350, AV0000861) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 31. National Weather Service records for November 12 and 13, 2022. (Bates Pages 15720- 15738) This is a public record under Rule 803 (8). Certificates of Authenticity for this item are attached as Exhibit S-11 This was provided to Defendant with the corresponding records on March 20, 2025. 32. Numerica Bank records for KC (Hard drive provided on 4/5/23, AV000258, AV000828 and AV000849) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 33. PayPal / Venmo financial records (Hard drive provided on 4/5/23; AV000215, AV000260, AV000793) STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 7 These documents are maintained by a business. The State would seek admission of the financial records of Defendant pursuant to I.R.E. 803 (6). The State is in the process of obtaining a Certificate of Authenticity. 34. PNC Bank records for Bryan Kohberger (AV000862) These documents are maintained by a business. The State would seek admission of the financial records of Defendant pursuant to I.R.E. 803 (6). The State has provided specifics regarding the relevance of this information in the State's expert disclosure for FoA Michael Douglass (with attached expert report). Certificates of Authenticity for this item are attached as Exhibit S-12. This was provided to Defendant with the corresponding records on February 12, 2024. 35. PenTele Data records (AV000241; AV000866) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 36. Pennsylvania State Employees Credit Union (PSECU) for Bryan Kohberger (AV000226; AV000242; AV000259) These documents are maintained by a business. The State would seek admission of the financial records of Defendant pursuant to I.R.E. 803 (6). The State has provided specifics regarding the relevance of this information in the State's expert disclosure for FoA Michael Douglass (with attached expert report). The State is in the process of obtaining a Certificate of Authenticity 37. PetCo financial records for KG (AV000867) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 38. RiteAid financial records (AV000871) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 39. Ross financial records (AV000861) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 40. Sunset Mart (1311 S. Main St., Moscow, ID) surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) STATE'S REPLY TO DEFENDANT'S OBJECTION TO MOTION IN LIMINE RE: SELF-AUTHENTICATION OF RECORDS IN RELIANCE ON I.R.E. 803 (6) AND (8), I.R.E. 902 (4) AND (11) AND / OR I.R.E. 803 (24) 8 This footage is maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The relevant footage is taken on November 13, 2022, approximately.5 miles from 1122 King Road (i.e. the crime scene). The State may rely on video footage around 3:28 a.m. showing the suspect vehicle the area of the crime scene prior to the homicides. The State is in the process of obtaining a Certificate of Authenticity. 41. Sunset Mart (1455 SE Bishop Blvd., Pullman, WA) surveillance video for November 13, 2022 (Hard drive provided on 4/5/23) This footage is maintained by a business. The State would seek admission of the documents pursuant to I.R.E. 803 (6). The State may rely on video footage from November 13, 2022, at approximately 5:25 a.m. and 5:26 a.m. showing the suspect vehicle in Pullman, WA after the homicides. A Certificate of Authenticity is attached as Exhibit S-13 which was obtained prior to the grand jury. This was provided to Defendant with grand jury materials in July 2023. 42. Target financial records (AV000253; AV000263; AV000861; AV000864) The State no longer intends to rely on this evidence. If the State does, it will lay the proper foundation at trial. 43. TikTok user records for XK (Hard drive provided on 4/5/23) These records are maintained by a business. The State would seek admission of the records pursuant to I.R.E. 803 (6). The records would show XK on the TikTok appl