Court Filing
Exhibits to Defendant's 3rd Supplemental Response to Discovery Regarding Expert Witnesses INDEX D7-D Expert Disclosure for Phase Two for Rachel Orr PsyD ABPP-CN D7-E Report of Rachel Orr PsyD ABPP-CN for Phase Two D13-D Expert Disclosure for Phase Two for Eileen Ryan, DO, DFAPA D13-E Report of Eileen Ryan, DO, DFAPA for Phase Two D19-A Expert Disclosure of James Aiken D19-B Report of James Aiken D19-C CV of James Aiken D20-A Expert Disclosure Jeffrey Lewine Ph.D. D20-B Declaration of Jeffrey Lewine Ph.D. and attachments including CV D20-C Report of Jeffrey Lewine Ph.D. D21-A Expert Disclosure for Expert John Edens Ph.D. D21-B Declaration of John Edens Ph.D. D21-C CV of John Edens, Ph.D. D22-A Expert Disclosure of Jolie Brams, Ph.D. D22-B Report of Jolie Brams Ph.D. D22-C CV of Jolie Brams Ph.D. EXHIBIT D7-D RACHEL L. ORR, PSYD. ABPP-CN Rachel L. Orr, Psyd. ABPP-CN, may testify for the defense as an expert regarding her neuropsychological evaluation of Bryan Kohberger. Dr. Orr's opinion / testimony will be based on her experience, education, and training as detailed in her curriculum vitae which was previously disclosed as Exhibit D7-C. This response serves to supplement the information in the phase two report, should the case reach the penalty phase, and is attached as Exhibit D7-E. This report supplements the previously filed Expert report disclosed as Exhibit D7-B. Dr. Orr's anticipated testimony will be consistent with her written opinions, methodology and findings detailed in her reports. Dr. Orr's testimony will provide her conclusions as it relates to mitigating factors that warrant consideration during the sentencing phase. This disclosure is provided as a summary. Further detail about the scope and breadth of her testimony may be found in her reports and her curriculum vitae. Dr. Orr may offer testimony to refute any expert opinion not yet disclosed by the State. Dr. Orr's disclosure may be supplemented based on new information and disclosures made by the State. DEFENDANT'S EXHIBIT NO. D7-D IDENTIFICATION / EVIDENCE CASE NO. CR01-24-31665 DATE: 3/31/25 ████████████████████████████████████████ DEFENDANT'S EXHIBIT NO. D7-E IDENTIFICATION / EVIDENCE CASE NO. CR01-24-31665 DATE: 3/31/25 █ █ █ █ █ █ █ █ █ █ █ █ █ █ █ █ █ CAUTION: This Preliminary Report contains security sensitive life / safety confinement information that must be restricted as necessary. Dissemination of this document content should be governed by judicial mandates / orders, sound confinement practice, applicable statutes, administrative regulations, as well as sound basic judgment. I. Introduction This report is based upon my personal and professional knowledge. I am over the age of eighteen and competent to testify to the truth of the matters set forth herein. My name is James E. Aiken, President of James E. Aiken & Associates, Inc. (Undersigned). Since 1994, I have maintained a consulting firm regarding issues related to prison and jail confinement matters and the possible security designation of people, when adjudicated on criminal charges, which require sanction and / or periods of confinement. More specifically, the Undersigned was contacted by Counsel to analyze Mr. Bryan Kohberger's (Mr. Kohberger) overall criminal justice records , inclusive of some employment / social / education / medical / mental health histories and his confinement adjustment history. The purpose of which is to afford an expert opinion, in a prison security context, regarding the confinement systems ' ability to manage Mr. Kohberger's security requirements and program access to medical / mental health treatment (operationally), current and possible vulnerability exposure while in confinement status as well as an evaluation of the necessary public protection requirements. II. Overview Qualifications The following represents a synopsis of my over fifty (50) year employment history. I have held the following positions: ████████████████████████████████████████ • Director of Corrections for the U. S. Virgin Islands (prison / jails) • Commissioner of the Indiana Department of Correction (adult / juvenile) • Deputy Regional Administrator, South Carolina Department of Corrections (managing 16 prisons ranging from maximum to minimum security) • Warden, (Central Correctional Institution-CCI) State Penitentiary, South Carolina Department of Corrections (maximum, medium, super-maximum-security prison that housed the most predator, dangerous, death sentenced, criminally calculating, and / or extremely violent South Carolina inmate population in adjudicated and pretrial status) • Warden, Women's Prison, South Carolina Department of Corrections (maximum, medium, and minimum-security female population) • Deputy Warden and Administrative Assistant to the Warden, South Carolina Department of Corrections (male maximum security, medium and minimumsecurity population) • Counselor with the Comprehensive Drug Abuse Treatment Program, South Carolina Department of Corrections (young adult medium security population) I have extensive experience in the management of confinement facilities and correctional systems. More specifically, the management and assessment of prison and jail facilities and systems are predicated on the security and program evaluation of inmates as well as correctional staff. It is a basic tenet of correctional administration to ensure that inmate management is based upon the security evaluation of continual and seamless memorialized interface regarding inmate 2 CAUTION: This Preliminary Report contains security sensitive life / safety confinement information that must be restricted as necessary. Dissemination of this document content should be governed by judicial mandates / orders, sound confinement practice, applicable statutes, administrative regulations, as well as sound basic judgment. and staff conduct. Additionally, a major focus of my career has been the appraisal and restoration of confinement facilities and systems that have experienced (examples) chronic and acute security issues, lethal confinement critical events, corruption, and / or prison / jail management shortfalls. These diminished systems and facilities often had chronic and acute issues with professional mistrust of staff by the inmate population. I have also conducted security classification assessments and performed comprehensive security management activities within prison / jail organizations on thousands of inmates while serving in multiple levels of authority, to include the positions of the final responsible authority. While serving in these various positions I have addressed issues inclusive but not limited to: • managing death row population • performing executions as mandated by the court • re-establishment of systems to better manage noncompliant, disruptive and / or predator inmate population in prisons and systems experiencing needless operational dangerous shortfalls • managing long term extraordinary security needs of inmate population - " criminal master mind inmates ", " criminal shot callers " and other prison predators • authorizing the implementation of lethal force thus neutralizing an inmate hostage taker by a highly trained sniper • managing inmate grievance and issue resolution systems • inmate classification system (design, implementation, and monitoring) • addressing civil legal complaints ████████████████████████████████████████ • adherence with court orders • inmate disciplinary system performance assessments • post order development, reassessment, interpretation, and monitoring • contraband control measures • staff training and development • evaluation of staff training performance • employee discipline • use of force (to include lethal application), restraint tactics evaluation, and implementation • criminal and administrative investigations (operational evaluations) of confinement setting lethal and non-lethal confinement security critical incidents • confinement security critical-event prevention and management undertakings • budget shortfall management • emergency confinement disturbance / riot prevention, response, and preparedness • confinement facility and system overall performance assessments • confinement facility security technology (development, implementation, and monitoring) • new prison construction • renovation of existing confinement facilities to enhance security performance • confinement facility operational policy and procedure issues • confinement facility operational performance assessments • confinement facility policy development and interpretation • confinement facility cost containment strategies 3 CAUTION: This Preliminary Report contains security sensitive life / safety confinement information that must be restricted as necessary. Dissemination of this document content should be governed by judicial mandates / orders, sound confinement practice, applicable statutes, administrative regulations, as well as sound basic judgment. • management of overcrowded confinement facilities • assessment of the various confinement systems and each department's relationship pertaining to information exchange and decision making • management of long-term confined inmates • gang / STG (security threat group) management • contraband control measures • inmate classification • management of confinement institutional random and systemic violence • confinement agency emergency response, containment, and prevention tactics • internal confinement security and programmatic evaluations • management / evaluation of deficient juvenile facilities and systems • conducted criminal investigations of prison criminal activity exampled by prison specific murders, hostage situations, staff / inmate dangerous contraband introduction / trafficking, staff / inmate corruption, and inmate criminal sexual misconduct. I have also assisted the legislative and executive branches of government on the local, state, federal, and international levels by providing expert advice / consultations related to budgetary issues, security, and statutory reforms in the confinement setting. I have provided consulting services to the U. S. Department of Justice, National Institute of Corrections and served as a private contract provider to federal, state, county and international jurisdictions¹ in areas including but not limited ████████████████████████████████████████ to: • inmate classification • management of women offenders • managing violent youthful offenders in adult prisons • prison culture (behavior) change • management of super-maximum-security prisons • management of the hard-to-manage violent inmate • use of force evaluation and application managing prison security systems • correctional leadership development • assessment of security operational performance • executive training for new and experienced wardens • prison critical event avoidance 1 I have provided technical assistance and consultancy related to proper prison inmate confinement management in various jurisdictions within the United States on the federal, state, county and / or local levels at least including Florida, Georgia, South Carolina, Federal Bureau of Prisons, North Carolina, Nevada, Virginia, Maryland, Delaware, New Jersey, Pennsylvania, Connecticut, Massachusetts, Maine, West Virginia, Tennessee, Alabama, United States Virgin Islands, Commonwealth of Puerto Rico, Mississippi, Louisiana, Texas, Arizona, New Mexico, California, Oregon, State of Washington, Alaska, Hawaii, Idaho, Montana, South Dakota, Nebraska, Missouri, Illinois, Indiana, Kentucky, Arkansas, Colorado, District of Columbia, Iowa, Minnesota, New York, and West Virginia. I have also assisted the legislative and executive branches of government on the state and federal levels by providing expert advice regarding budgetary issues and statutory reforms regarding criminal confinement. 4 CAUTION: This Preliminary Report contains security sensitive life / safety confinement information that must be restricted as necessary. Dissemination of this document content should be governed by judicial mandates / orders, sound confinement practice, applicable statutes, administrative regulations, as well as sound basic judgment. • riot / gang management security operational management of inmate population with mental health / medical • impairments • security assessment of an international terrorist • critical event prevention evaluations As a result of my professional knowledge and experience, I am familiar with and have conducted classification processes used in reaching conclusions regarding the security, public protection requirements, self-endangerment levels, programming, and daily management needs of inmate population in thousands of confinement transactions. I have also evaluated, developed, and implemented correctional classification systems (internal and objective). I have extensive experience in issues regarding previous and existing danger posed by inmates to other inmates, prison staff and / or the community. Additionally, I have assessed inmates regarding their adjustment to confinement, classification status, and endangerment level (to self and others) and making determinations pertaining to the proper confinement setting, prison conditions, security level determinations related to high-profile and / or perilous inmates, and other matters regarding prisons, jails, and criminal justice. The United States Congress appointed me, in July 2004, during President George W. Bush's tenure, to the National Prison Rape Elimination Commission as provided under the Federal Prison Rape Elimination statue. Over a five (5) year period, the Commission conducted comprehensive hearings and examined all penological, economic, physical, mental, medical, and social issues relating to prison rape in America ████████████████████████████████████████. At the conclusion of its review, the Commission, as authorized by Congress and signed into to law by President George W. Bush, issued a comprehensive report on the subject, including a recommended set of national standards to reduce and eliminate prison rape. These national standards have been adopted by the United States Department of Justice. The Commission had authority to issue subpoenas, and the statute allowed for the Attorney General to seek enforcement of subpoenas in district court. The Federal Bureau of Prisons must have total compliance with the final standards. I have also consulted with attorneys and rendered expert testimony in capital, criminal, and civil proceedings. I have been qualified as an expert and provided such testimony in at least the states of Washington, Ohio, Georgia, Arizona, Delaware, Idaho, North Carolina, Montana, Pennsylvania, New York, South Carolina, Indiana, Virginia, Maryland, Louisiana, Oregon, New Hampshire, Missouri, Alabama, Mississippi, Florida, Texas and the United States District Courts of Maryland, Louisiana, Massachusetts, New York, Connecticut, Virginia, Ohio, South Carolina, Michigan, Arizona, West Virginia, Florida, Texas, Georgia, Alabama, Missouri, Tennessee, District of Columbia and Pennsylvania as well as the Court of Queen's Bench, Canada relative to: dangers posed by inmates to other inmates, staff, and / or the community by defendants, the ability of inmates to adjust to prison, classification of inmates to determine proper confinement levels, prison conditions, prison systems ' ability to manage / control inmate population, and other matters generally relating to prisons, jails, and criminal justice matters. I have also managed inmates awaiting execution under death sentences and carried out such sentences as ordered by the Court. Additionally, I have managed and / or operationally assessed 5 CAUTION: This Preliminary Report contains security sensitive life / safety confinement information that must be restricted as necessary. Dissemination of this document content should be governed by judicial mandates / orders, sound confinement practice, applicable statutes, administrative regulations, as well as sound basic judgment. extremely violent, redundant homicidal prisoners that committed similar acts even after adjudication and while in the confinement setting.2 Also, I have been directly involved in the design and development of prison classification systems in extreme dysfunctional prisons and systems to include both objective and internal systems. These systems were established and / or redesigned to better manage, house, secure, control, and program prisoner population during brief and extended periods.³ I received a Master Degree in Criminal Justice from the University of South Carolina and a Bachelor of Arts Degree from Benedict College, Columbia, South Carolina. I have also taught a number of courses, receiving compensation, concerning corrections at the university and technical college levels. These courses included introduction to corrections as well as the overview of historical and emerging issues related to corrections in the United States. More specific overview of my prison operational background qualifications is submitted: U.S. Virgin Islands: From August 1992 to August 1994, I was Director of the Bureau of Corrections for the United States Virgin Islands, a system that confined and managed post and pre-adjudicated adult and juvenile male and female defendants / inmates. My responsibilities encompassed the overall administration of the Bureau. I also worked closely with other territorial agencies, the legislature, courts, and federal governmental entities. In the Virgin Islands, I had a specific mission to re-establish a correctional system which was significantly diminished by overcrowded conditions, gangs (criminal master minds) endangering the lives of others, contraband issues, escapes, non - ████████████████████████████████████████ compliance with court orders, general mismanagement, and public mistrust. The juvenile system, at my request, was transferred to another territorial agency after an initial operational assessment. Indiana Department of Correction: From March 1989 until August 1992, I was Commissioner of the Indiana Department of Correction. I was responsible for the overall administration of the Indiana correctional system which consisted of forty-six (46) separate adult and juvenile, male, and female facilities with a population of 14,000 inmates and parole services with a population of 3,490 parolees. I reported directly to the Governor of Indiana and worked closely with the state legislature. During my administration, community corrections coverage was increased from thirty-five (35) to fifty (50) Indiana counties. Also, during my Indiana administration, I created a Division of Security to address gang (security threat groups-STG) endangerments, contraband control, drug testing, staff and inmate safety and other prison related public 2 These populations included prisoners within the confinement length of stay spectrum of pretrial intake and release within a short period of time to those persons that have been placed in penal confinement for the remainder of their lives (terminal incarceration) or legally put to death while in the custody of the jurisdiction. I have also operationally managed and secured inmates that have presented a massive span of medical and mental health issues, endangerment issues relative to the inmate's personal safety as well as others, and population that have demonstrated violent and non-violent criminal behaviors in the community and during their length of placement in confinement status. 3 I am prohibited from providing certain aspects of my confinement facility security background and some of the delivery, tactics, and methods used in managing extremely dangerous prison / jail population due to confidentiality, safety, legal restrictions, and national security anti-terrorism interests. The opinions and findings in this report do not necessary include these spec