Court Filing
EXHIBIT S-2 Amended Supplemental Expert Disclosure: ███████████████████████ The State has previously disclosed ██████████████████ Special Agent (SA) from the Federal Bureau of Investigation (FBI), as an expert in the field of historical cell site analysis. The State hereby incorporates its previous responses and attachments filed on December 18, 2024, and February 16, 2025, and is hereby supplementing those responses as follows. █████████ will testify as an expert and will testify and answer questions about a summary exhibit (CAST Report attached as State's Exhibit S-2 (b) to the December 18, 2024 filing) pursuant to Idaho Rules of Evidence Rule 1006 which mirrors the Federal Rules of Evidence. The rule provides that " [t] he proponent may 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. A significant portion of ███████████ testimony will relate to the presentation of summary evidence pursuant I.R.E. 1006, which 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 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 EXHIBIT S-2 STATE'S EXHIBIT exhibitsticker.com Amended Supplemental Expert Disclosure: ████████████████ 1 S-2 CR01-24-31665 as admissible. Id. Summaries must fairly represent the underlying documents upon which 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. Pursuant to I.R.E. 1006, the State (the proponent of the summary evidence) has provided the original or duplicates for the contents of the voluminous records to defense as follows (and can produce them in court if so ordered): Description of Discovery Location of Discovery Date Discovered AT & T Records for Bryan Hard Drive 4/5/23 Kohberger AV000180 4/12/23 AV000228 5/18/23 AT & T Records for Hard Drive 4/5/23 Madison Mogen and Xana AV000902 5/16/24 Kernodle Regarding ███████████ Final CAST Report, the following testimony is anticipated in conjunction with the presentation of the Report: • Pages 2-5 will serve as visual aids for █████████ to explain how cellular technology works, as previously discussed, and the methods utilized for ████████ to conduct analysis in this case. • Page 6 serves as a legend to depict how cellular phone records analyzed in this case EXHIBIT S-2 Amended Supplemental Expert Disclosure: █████████████████ 2 will be represented on a map, specifically for phones associated with Bryan Kohberger, Madison Mogen, and Xana Kernodle. • Page 7 shows examples of call information boxes that are used throughout the report and explains what each record in the box represents. ████████ will explain how this information comes from the records obtained from the provider and they are simply transferred here to show specific records in conjunction with a map. • Page 8 depicts an example of how drive test data, previously discussed, will be represented on a map to indicate the coverage area of a specific cell site and sector. • Page 9 represents locations of interest provided to ████████ during this investigation and the icon that will be used to represent each on a map. The red icon labeled " CS " represents the Crime Scene located at 1122 King Road, Moscow, Idaho and the yellow “ BK " icon represents Bryan Kohberger's residence located at 1630 Northeast Valley Road, Apartment G201, Pullman, Washington. • Page 10 is a map of Moscow, Idaho and Pullman, Washington. █████████ will use this map to depict both locations of interest from page 9 as well as to show where AT & T towers, in the form of blue circles, are located on the map. • Page 11 represents the subscriber sheet associated with 509-592-8458, hereafter the " 8458 Phone " as provided by AT & T. █████████ will highlight that this telephone number was subscribed to Bryan C. Kohberger. • Page 12 depicts cellular phone usage by the 8458 phone and █████████ is expected to testify that the usage indicates general movement of the 8458 phone from the area of West Yellowstone, Wyoming to Pullman, Washington on June 30, 2022 (showing when Bryan Kohberger moved to the Pullman, Washington area). • Page 13 depicts cellular phone usage by the 8458 phone on November 13, 2022, and █████████ is expected to testify that when the 8458 phone interacted with the AT & T network at 2:47:29 a.m., the phone was not at the Bryan Kohberger residence, marked " BK ” on the map, rather it was southeast of the Bryan Kohberger residence as depicted by the drive test data. █████████ is also expected to testify that he analyzed additional handoff data that occurred during this data session and that the 8458 phone stopped communicating with the network at 2:54:45. • Page 14 provides the time period that the 8458 phone did not communicate with the AT & T network during the early morning hours of November 13, 2022. • Page 15 depicts the interactions that the 8458 phone had with the AT & T network on November 13, 2022, starting at 4:48 a.m. consistent with the 8458 Phone being south of Moscow, Idaho. EXHIBIT S-2 Amended Supplemental Expert Disclosure: █████████████████ 3 • Pages 16-18 show the general movement of the 8458 Phone on November 13, 2022, consistent with traveling from south of Moscow, Idaho to Pullman, Washington, and ultimately using a cell site that provides coverage to the Bryan Kohberger residence. • Pages 19-22 show the general movements of the 8458 Phone on November 13, 2022, consistent with departing Pullman, Washington and traveling to Moscow, Idaho, then returning back to a cell site that provides coverage to the Bryan Kohberger Residence. • Pages 23 and 24 how the general movements of the 8458 Phone on November 13, 2022, consistent with traveling from Pullman, Washington to Lewiston, Idaho consistent with surveillance video that shows Bryan Kohberger in Lewiston, Idaho at the time. • Page 25 depicts times when the 8458 Phone has had historical periods of no interaction with the AT & T network from June 23, 2022, to November 13, 2022, for more than 1 hour and 45 minutes. Included in this analysis is the time period during the early morning hours of November 13, 2022. • Pages 26 and 27 show the usage of phones associated with Madison Mogen and Xana Kernodle during the morning of November 13, 2022, during times when evidence indicates that both phones were located inside the residence at 1122 King Road, Moscow, Idaho depicted by the Crime Scene " CS ” icon. These pages will be used to highlight that the drive test data is consistent with the locations of both of these cellular phones when evidence shows their location is inside 1122 King Road, Moscow, Idaho. • Page 28 shows a map that includes 1122 King Road, Moscow, Idaho, represented by the " CS " icon and a yellow circle that represents a 100 meter radius around the Crime Scene. █████████ will explain that he conducted analysis of all the cell sites in the area that provided coverage to the Crime Scene and identified any cell sites that drive test data showed coverage that included this 100 meter radius around the Crime Scene. • Pages 29 and 30 represent any time that the 8458 Phone utilized a cell site identified as part of Page 28, between the hours of 10:00 p.m. and 4:00 a.m. (23 separate instances between July 9, 2022, to November 7, 2022). ████████ will testify that the 8458 Phone used cell sites consistent with being at the crime scene during these dates and times. █████████ will further testify that the hours between 10:00 p.m. and 4:00 a.m. were identified by the investigative team as times of interest. EXHIBIT S-2 Amended Supplemental Expert Disclosure: █████████████████ 4