Exhibits 1-4 State Response Motion in Limine 7

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agency_release Court Filing Idaho 4

Named in this document

  • Dylan Mortensen Person
  • Bethany Funke Person
  • Aly Benson Person
  • Kaylee Goncalves Person
  • Dustin Blaker Person
  • Brent Mortensen Person
  • Eric Gower Person
  • Maddie Mogen Person
  • Ethan Chapin Person
  • Hunter Chapin Person
  • Robyn McPherson Person
  • Sigma Chi Organization
  • Xana Kernodle Person
To Eric Gower Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 2:10:29 AM Ru driving tonight by chance Received Eric Uber (+ ███████████ 6059) 11/13/2022 2:13:00 AM I am!

Partners ██████ 3185 Bethany Funke Direction Incoming Call Type Phone Call Status Answered
Call Date / Time-UTC-08: 00 11/13/2022 4:19:07 AM (M / d / yyyy) [DST] Call Duration (Seconds) 24 Partners ██████ 1278 Xana Kernodie Direction Outgoing Call Type Phone Call Status Unanswered
Call Date / Time-UTC-08: 00 11/13/2022 4:20:00 AM (M / d / yyyy) [DST] Call Duration (Seconds) 0 Partners ██████ 4818 Kaylee Goncalves Direction Outgoing Call Type Phone Call Status Unanswered
Call Date / Time- UTC-08: 00 11/13/2022 4:20:20 AM (M / d / yyyy) [DST] Call Duration (Seconds) 0 Partners ██████ 3185 Bethany Funke Direction Outgoing Call Type Phone Call Status Answered
Call Date / Time- UTC-08: 00 11/13/2022 4:20:28 AM (M d / / yyyy) [DST] Call Duration (Seconds) 41 Partners ██████ 1224 Maddie Mogen Direction Outgoing Call Type Phone Call Status Unanswered
Call Date / Time-UTC-08: 00 11/13/2022 4:21:50 AM (M / d / yyyy) [DST] Call Duration (Seconds) 0 STATE'S EXHIBIT exhibitsticker.com
S-1

To Bethany Funke Serd Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:22:08 AM No one is answering To Bethany Funke Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:22:11 AM I'm rily confused m To Kaylee Goncalves Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:22:39 AM Kaylee To Kaylee Goncalves Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:22:43 AM What's going on Received Bethany (+ 3185) 11/13/2022 4:23:15 AM Ya dude wtf Recerved Bethany (+3185) 11/13/2022 4:23:28 AM Xana was wearing all black To Bethany Funke Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:23:33 AM I'm freaking out m To Bethany Funke Sent Local User < Apple iPhone XR Quick Image Decrypted > 11/13/2022 4:23:42 AM No it's like sko mask almost

✔Received Bethany (+ █████████ 3185) 11/13/2022 4:23:48 AM Stfu ✔Received Bethany (+ █████████ 3185) 11/13/2022 4:23:51 AM Actually To Bethany Funke 7 Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4: 23-52 AM Like he had soemtbinf over is for head a little nd mouth To Bethany Funke Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4.24: 00 AM Bethant I'm not kidding o am so freaked out Received Bethany ██████████ 3185) 11/13/2022 4:24:07 AM So am I To Bethany Funke Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 4:24:11 AM My phone is going to die fuck ✔Received Bethany (██████████ 3185) 11/13/2022 4:24:14 AM Come to my room ✔Received Bethany ██████████ 3185) 11/13/2022 4:24:22 AM Run Received Bethany ██████████ 3185) 11/13/2022 4:24:27 AM Down here

Partner Name Ethan Chapin Direction Outgo ng Call Type Third Party Application Call Status Answered
Call Date / Time-UTC-08: 00 11/13/2022 4 24:39 AM M (/ d / yyyy) [DST] Call Duration (Seconds) 13 To Bethany Funke Sent Local User < Apple iPhone XR Quick Image Decrypted > 11/13/2022 4: 24-58 AM I'm scRwd the Received Bethany (+ 3185) 11/13/2022 4:25:16 AM Ya Ik but it's better than being alone Partners 4818 Kaylee Goncalves Direction Outgoing Call Type Phone Call Status Answered
Call Date / Time-UTC-08 00: 11/13/2022 4:27:47 AM (M / d / yyyy) [DST] Call Duration (Seconds) 7 Partners 1278 Xana Kernodle Direction Outgoing Call Type Phone Call Status Answered
Call Date / Time-UTC-08: 00 11/13/2022 4:28:44 AM M (/ d / yyyy) [DST] Call Duration (Seconds) 4 To Kaylee Goncalves Send Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2027 4:32:57 AM Pis answer To Maddie Mogen Sert Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/2022 10:23:23 AM Ruup To Kaylee Goncalves Sent Local User < Apple iPhone XR Quick Image Decrypted > 11/13/2022 11:29:27 AM Ruup??

Brent Mortensen Received
+ ██████████ 6007 11/13/2022 11:39:09 AM

Hey DMM, when can I call you today and just chat. Does 1:00 work? Or is 2:00 better?

To Brent Mortensen Sent Local User < Apple iPhone XR Quick Image-Decrypted > 11/13/202 22 11 1:39:41: AM 2 works better Brent Mortensen Received
+ 6007 11/13/2022 11:40:14 AM

Okay. I'll call you at 2:00. Just 5-10 minutes. Want to catch up.

Received Jenna (+ ██████████ 8109) 11/13/2022 11:50:55 AM bro Partner Name emily alandt Direction Outgoing Call Type Third Party Application Call Status Answered
Call Date / Time-UTC-08: 00 11/13/2022 11:50:58 AM (M / d / yyyy) [DST] Call Duration (Seconds) 108 ✔Received Jenna (+ ██████████ 8109) 11/13/2022 11:51:01 AM do u guys need me to come get u ✓ Received
67283 11/13/2022 1:04:01 PM

Vandal Alert: Moscow PD investigating a homicide on King Rd. near campus. Suspect is not known at this time. Stay away from the area and shelter in place.

05:04:51 1 DYLAN MORTENSEN: From what I remember, 2 nothing at all.

05:04:55 3 SGT. BLAKER: Do you know how far you opened 4 the door?

05:04:58 5 DYLAN MORTENSEN: I don't even remember a 6 third time. I don't know if you could see my whole 7 body. I don't know if you could just see my head. I 8 don't remember at all.

05:05:11 9 SGT. BLAKER: Okay.

05:05:14 10 DYLAN MORTENSEN: Sorry. I'm just trying to 11 find the text between me and Bethany. I think it will 12 help. Okay. So at 4:22, I said, " No one's answering.

13 I'm a little confused. "
05:05:34 14 She goes, " Yeah, dude. What the fuck? Xana 15 was wearing all black. "
05:05:43 16 I don't remember how " all black " came up. And 17 I think I might have called her and said there was 18 someone wearing I don't know. Then at 5:23, I said, 19 " I'm freaking out. It was like a ski mask almost. "
05:06:15 20 DET. GOOCH: 5:23?

05:06:18 21 DYLAN MORTENSEN: 4:23. Sorry. The time 22 change. And she was, like, " Shut the fuck up. Like 23 actually? "
05:06:27 24 And I said, " Like he had something over his 25 head and mouth, Bethany. I'm not kidding. I'm so 79 STATE'S EXHIBIT exhibitsticker.com
000415 S-2

CR01-24-31665

1 freaked out. " And you can tell obviously I'm freaked 2 out and drunk because, like, the spelling is off. Like 3 I spelled something with a B and a F. And when I said 4 " and, " I just put ND. And I spelled Bethany wrong. I 5 spelt " I " wrong.

05:07:19 6 And I said, " My phone's going to die. Fuck. "
05:07:21 7 And then she said, " Come to my room. Run down 8 here. " That was at 4:23.

05:07:31 9 I said, " I'm scared " with no A, a capital R.

10 I'm going to guess you guys have these texts because 11 it's on text message. And she says
05:07:49 12 DET. GOOCH: Did you feel safe to leave your 13 room?

05:07:53 14 DYLAN MORTENSEN: I don't know but I did. I 15 don't know why I did. Like it just didn't occur to me 16 that anything was wrong. But obviously, yeah, I was
05:08:14 17 DET. GOOCH: Bethany's downstairs?

05:08:16 18 DYLAN MORTENSEN: Back downstairs, so one 19 floor down. She goes at 4:25, she goes, " Yeah, I 20 know but it's better than being alone. " So I open the 21 door for a second, and I just sprinted. And I don't 22 know why, but I felt like it was stupid of me to open 23 the door. Like I don't know why I did that, but I 24 didn't see anyone. I mean, I was scared, but I wasn't 25 like it wasn't like anything was wrong. I was just, 80 000416

1 like, freaked out that someone was in the house, but it 2 wasn't, like, oh, this is bad, that, like, you know, I 3 just didn't think about that.

05:09:21 4 And again, I -- I literally told her, " I don't 5 know if this is real or not. " Like I don't know if my 6 mind's playing with me. I don't know if this is like a 7 dream of some sort.

05:09:38 8 So from what I remember is that I this is 9 now the fourth time opening the door. I go outside; I 10 sprint. As I'm I think I sprinted again but could 11 have been just, like, running. I think I'm sprinting.

12 I don't know. I see Xana in her room and she's, like, 13 on the floor.

05:10:19 14 I'm like, okay, she's just, like, drunk, 15 passed out, like that. Maybe she just drank way too 16 much tonight. She'll be fine in the morning. She's 17 with Ethan, from what I thought. I don't I didn't 18 see Ethan. I just saw the door open. From what I 19 remember, I think this is what happened. I remember her 20 on the floor, and I don't think she had any pants on 21 except for underwear, and I was, like, oh, like she 22 it was that was normal for her to, like, just wear 23 underwear around the house because we were all so 24 comfortable with each other. Like that was not weird at 25 all, so I thought nothing of it.

81 000417

05:11:40 1 I was just like, okay, it's fine and I I 2 was always too scared to go look in her room because 3 then I was like, I don't know if this guy is here or 4 not. I don't know if someone's here or not. Like I 5 have no clue. I don't know if, like, my mind's freaking 6 out or not. All I knew was that Bethany was awake. She 7 had been calling me. I need to go down to her because 8 she like we need to be together.

05:12:33 9 DET. GOOCH: But you saw Xana on your way by?

05:12:35 10 DYLAN MORTENSEN: Yeah. So when you go SO 11 from my room to get to Bethany's room, you have to go 12 past the living room. To pass the living room, you look 13 like so here's my room. I'm coming out this way. I 14 walk down into the living room. I look to my left, that 15 is where Xana's room is, like down this little hallway.

05:13:18 16 DET. GOOCH: Were the lights on or anything?

05:13:23 17 DYLAN MORTENSEN: There were lights on. I 18 think so. I don't know for sure again, but I think so 19 because I was able to see her.

05:13:28 20 DET. GOOCH: In her room the lights were on?

05:13:30 21 DYLAN MORTENSEN: Yeah. And I don't know if 22 the bathroom lights were on. I can't remember. I think 23 they were. But again, I don't I don't know. Like 24 everything's kind of wish-washy. I can't remember.

05:13:38 25 DET. GOOCH: Is Xana saying anything?

82 000418

05:13:40 1 DYLAN MORTENSEN: No. I thought she was just 2 passed out on the floor. Like I thought she was just 3 taking a nap. Like it happens. Like you get too drunk, 4 you just like like the floor feels like sometimes 5 when we're all kind of drunk, we're just like, okay, I 6 just want to fall asleep on the floor. Like it just 7 feels fine, you know.

05:14:16 8 DET. GOOCH: At no point after you encountered 9 the man
05:14:19 10 DYLAN MORTENSEN: Yeah.

05:14:19 11 DET. GOOCH: did you think that there 12 that there was something about Xana that isn't normal?

13 You never thought that?

05:14:28 14 DYLAN MORTENSEN: Yeah, I never thought 15 like I never thought anything was wrong. I thought 16 she had just, like, fell asleep. I never thought she 17 drank, like, she was unconscious. I didn't even think 18 that at all. I think didn't anything was wrong at all.

19 So then I stopped for a second, look at her, go okay, 20 she's fine. Like she's just asleep.

05:14:56 21 DET. GOOCH: Is her bedroom light on?

05:15:02 22 DYLAN MORTENSEN: I think so. Again, I don't 23 know for sure if things
05:15:05 24 DET. GOOCH: How far is Xana from you when you 25 first see her? What's the distance?

83 000419

05:15:16 1 DYLAN MORTENSEN: I guess if, like, I'm right 2 here, it's like behind that window from where I am.

3 Like it's pretty it's a pretty long hallway, I would 4 say.

05:15:34 5 DET. GOOCH: Is her so is her bedroom at 6 the end of the hallway?

05:15:45 7 DYLAN MORTENSEN: Yes. The very end of the 8 hallway and, like, I couldn't see much, I guess. Like I 9 could just see her I could see the top of her head, 10 because obviously her head is a lot higher than 11 everything else. And I could see her lips a little bit, 12 and that was it. I didn't see anything else. I didn't 13 see anything wrong. Like it just looked like a room.

14 Like, yeah, she was drunk. Probably messed it up a 15 little bit. It didn't look from what I think I saw, 16 it didn't look messy at all. It just looked like there 17 was a few clothes. You know, that's normal for all 18 college girls. It's normal.

05:17:10 19 DET. GOOCH: So this distance you're talking 20 about, would you have been able to see her if the lights 21 were out?

05:17:19 22 DYLAN MORTENSEN: Probably not.

05:17:21 23 DET. GOOCH: So some light had to have been 24 on?

05:17:23 25 DYLAN MORTENSEN: I think so. I'm that's 84 000420

1 what I'm thinking.

05:17:28 2 DET. GOOCH: Do you guys have nightlights in 3 your in your
05:17:31 4 DYLAN MORTENSEN: No.

05:17:32 5 DET. GOOCH: house?

05:17:33 6 DYLAN MORTENSEN: I mean
05:17:34 7 DET. GOOCH: So nothing
05:17:37 8 DYLAN MORTENSEN: I don't
05:17:41 9 DET. GOOCH: lining the wall?

05:17:47 10 DYLAN MORTENSEN: I mean, we have this 11 well, I guess I shouldn't say that because we have, 12 like, little twinkle lights that go around, like...

05:17:57 13 DET. GOOCH: Decorative?

05:17:58 14 DYLAN MORTENSEN: Yeah. So I guess that could 15 have been it. Maybe there was just decorative lights, 16 and that's how I saw Xana. I don't know. And we have 17 this little Scentsy thing. I don't know if it was on.

18 We were pretty good at turning it on and off so it's 19 not, like, going all through all night, but it does have 20 a light. I don't know if that was on.

05:18:40 21 DET. GOOCH: Where is the Scentsy light at 22 normally? Where is it located? I'm sorry.

05:18:47 23 DYLAN MORTENSEN: So from my room, you first 24 walk into the living room, there's like so there's 25 like let's say this is the door to the living room.

85 000421

1 Right to your left is this bar cart with, like, some 2 alcohol and, like, some decorative stuff. Right to your 3 right there's this little table that has drawers, and 4 that's where the little Scentsy thing is, and then the 5 couch.

05:19:28 6 DET. GOOCH: Would you have been able to see 7 Xana with that light from the living room all the way 8 down the hallway?

05:19:33 9 DYLAN MORTENSEN: I don't think so.

05:19:37 10 DET. GOOCH: This is important
05:19:38 11 DYLAN MORTENSEN: I don't think so.

05:19:38 12 DET. GOOCH: because in our world for an 13 offender to leave lights on in a house, you increase the 14 risk of identification. They would rather the lights 15 not be on, so it's important that we
05:19:57 16 DYLAN MORTENSEN: Yeah.

05:19:57 17 DET. GOOCH: get this straight.

05:19:58 18 DYLAN MORTENSEN: I mean, I think I think 19 Xana's lights were on.

05:20:01 20 DET. GOOCH: There's no way you could have 21 seen her otherwise, though, correct?

05:20:07 22 DYLAN MORTENSEN: Yeah, I think so.

05:20:08 23 DET. GOOCH: Yeah, so I'm not trying to plant 24 a seed in your head.

05:20:13 25 DYLAN MORTENSEN: Yeah, I know.

86 000422

05:20:15 1 DET. GOOCH: But think about where are you at 2 when you see her? If all the lights are off, you 3 wouldn't have been able to see her normally.

05:20:22 4 DYLAN MORTENSEN: Well, I mean, [inaudible) my 5 twinkle lights, I might be able to. I have no clue. I 6 can't I'm sorry. I just can't remember.

05:20:37 7 DET. GOOCH: No, that's okay. And I'm not 8 trying to I'm not suggesting
05:20:40 9 DYLAN MORTENSEN: Yeah.

05:20:43 10 DET. GOOCH: you should tell me something 11 you do not know.

05:20:45 12 DYLAN MORTENSEN: Yeah. I don't know if her 13 lights were on or not. I have no clue at all.

05:20:54 14 DET. GOOCH: But you could see her?

05:20:55 15 DYLAN MORTENSEN: I could see her. I know 16 that I could see her.

05:20:57 17 DET. GOOCH: And which way is she facing?

18 Which way is her head facing?

05:21:08 19 DYLAN MORTENSEN: So like let's say, like, 20 that couch is the back of her wall. That's where her 21 head is and her legs are towards, like, forward towards 22 me.

05:21:22 23 DET. GOOCH: And then what is she wearing?

05:21:25 24 DYLAN MORTENSEN: I don't know what shirt. I 25 can just see her wearing underwear, and that was normal.

87 000423

1 Like she was really comfortable with us. She would wear 2 just underwear around the house, and that was fine.

05:21:45 3 DET. GOOCH: Did you call out her name?

05:21:46 4 DYLAN MORTENSEN: No, I don't I mean, I 5 don't think so. I think I don't think I did. I 6 thought she was just asleep, so I didn't want to wake 7 her up. And then I, like, ran down to Bethany's room.

05:21:57 8 Bethany she could hear me walking down, so 9 she opened up the door so I didn't have to wait for her 10 to unlock it. And I just locked the door. I was like, 11 I I don't remember what we talked about at all. I 12 don't know if she (inaudible]. I have no clue what we 13 talked about.

05:22:19 14 I just remember us being scared a little bit, 15 but like we didn't think anything was wrong at all. We 16 thought, okay, it was just someone passing through.

17 Likes maybe we just like the house makes a lot of 18 noises too because, I mean, it's an older house and so 19 I'd be at night hearing just, like, you know, the 20 cracking noises, what houses make when they're older.

05:23:09 21 DET. GOOCH: Settling.

05:23:11 22 DYLAN MORTENSEN: Yeah. That would happen 23 quite often, and so we were kind of used to that. We 24 just like [inaudible] she just said something about a 25 light in her room, like a firecracker or firework. I 88 000424

1 don't fully remember. And it just was kind of weird.

2 And I was like, what. I don't remember if I talked to 3 her about the guy. I don't remember if I talked to her 4 about what I saw, what I heard. I have no clue. I just 5 remember, like, we fell asleep pretty fast in her bed.

6 We didn't think anything was wrong at all.

05:23:59 7 2. And I have to ask you, you were running at 8 first. And at what point did you stop running and 9 you she heard you walk to her room? You said at 10 first you were running and you must have felt 11 comfortable at some point
05:24:23 12 DYLAN MORTENSEN: Well, I guess I was 13 running so when I got out, I stopped and I looked at 14 Xana for a second. This is what I think happened. Then 15 I ran downstairs. I kept running. I don't think I was 16 walking at all. I think I kept running until I got to 17 her door.

05:24:41 18 DET. GOOCH: So it's important that it's not 19 what you think; it's what you know. Do you
05:24:52 20 DYLAN MORTENSEN: I don't know any of this.

05:24:53 21 DET. GOOCH: Okay.

05:24:54 22 DYLAN MORTENSEN: I don't know at all. This 23 is all from what I think happened because I can't I 24 don't know what is real and what's I'm just-like 25 my mind's making it up, so I don't know it all.

89 000425

05:25:07 1 DET. GOOCH: So of the things we've been 2 writing, are most of it what you believe and you 3 remember happened, or you're thinking what happened?

05:25:47 4 DYLAN MORTENSEN: This is all what I remember, 5 but I don't know if anything of it is real. I don't 6 know. I can't I can't differentiate if anything is 7 real or if anything is a dream. I don't or just like 8 imagination. I have no clue. And I've been trying to 9 figure that out, like, the past two days. Like what 10 is
05:26:07 11 DET. GOOCH: I bet it's hard.

05:26:12 12 DYLAN MORTENSEN: what is real. I don't 13 know at all. That's what it's just like -- it's 14 frustrating because I'm just, like, I want to know and I 15 keep thinking about it, thinking about it, but I just 16 I can't tell the difference anymore. Like I don't know 17 what's it's just all, like, mixing together, and 18 there's pieces that just don't make sense. And 19 everything of it just doesn't make sense. So none of 20 this I can say I know for sure. None of it I can say I 21 know for a fact that happened because I don't.

05:27:00 22 DET. GOOCH: But you know some things that are 23 factual because you have a timestamp on your phone.

05:27:04 24 DYLAN MORTENSEN: Yes, the stuff on my 25 phone 90 000426

05:27:07 1 DET. GOOCH: Yes.

05:27:07 2 DYLAN MORTENSEN: that is actual.

05:27:12 3 DET. GOOCH: And you know that.

05:27:14 4 DYLAN MORTENSEN: Anything else, no.

05:27:14 5 DET. GOOCH: But you remember watching the 6 movies
05:27:21 7 DYLA