Motion to Take Judicial Notice of Press Coverage

CLRK CASE

JUN BY

OF 442-NO

6
DIST 2023.

Anne C. Taylor, Public Defender CR29-22-2805 Kootenai County Public Defender CT -
PM1

PO Box 9000. DEPUTY Coeur d'Alene, Idaho 83816 LATAH 50:
Phone: (208) 446-1700; Fax: (208) 446-1701
Bar Number: 5836 iCourt Email: pdfax@kcgov.us Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, ID 83661 208-642-3797 Assigned Attorney:
Anne C. Taylor, Public Defender, Bar Number: 5836 Jay Weston Logsdon, Chief Deputy Litigation, Bar Number: 8759 Elisa G. Massoth, Bar Number: 5647
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO CASE NUMBER CR29-22-0002805

Plaintiff,
ΜΟΤΙΟΝ ΤΟ TAKE JUDICIAL NOTICE

V.

OF PRESS COVERAGE

BRYAN C. KOHBERGER,

Defendant.

COMES NOW, Bryan C. Kohberger, by and through their attorney, Jay Weston Logsdon, Chief Deputy Litigation, and hereby moves this honorable Court to take judicial notice of the press coverage of this case. No hearing is required for a court to take judicial notice of publicly available media coverage that is not subject to reasonable dispute. I.R.E. 201 (b) (2). Courts have routinely taken judicial notice of things like webpages and social media postings. See, Al-Ahmed v. Twitter, Inc., Page-1

603 F. Supp. 3d 857, 869 (N.D. Cal. 2022), appeal dismissed, 2022 WL 4352712 (9th Cir. 2022); BYD Company Ltd. v. Alliance for American Manufacturing, 554 F. Supp. 3d 1, 13 (D.D.C. 2021); Williams v.

PMA Cos., Inc., 419 F. Supp. 3d 471, 484 (N.D. N.Y. 2019).

Although Mr. Kohberger notes this Court may simply take judicial notice on its own of any press coverage it is aware of (I.R.E. 201 (c) (1)), he specifically requests the Court consider the attached articles:
A. Caitlin Hornik, Capital Punishment: Families of Bryan Kobberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ', THE US SUN (May 29, 2023);
B. Madeline Coggins, Parallels of Evil ': Ted Bundey Survivors Speak Out, Linking Their Gruesome Attacks to Bryan Kohberger's, FOX NEWS.COM (May 28, 2023);
C. Stephanie Pagones, Accused Idaho Killer Bryan Kohberger's Body Language Compared to Lee Harvey Oswald, NEW YORK POST (May 23, 2023);
D. Cheri Mossburg, et al., Here's Why Idaho Student Murder Suspect Bryan Kohberger May Have Chosen to ' Stand Silent ' in Court, Experts Say, CNN (May 23, 2023);
E. Fatma Khaled, Idaho Murder Victim's Father Has a Warning for Bryan Kohberger, NEWSWEEK (May 12, 2023);
F. Melissa Koenig, If They Are In Over Their Heads, Then Acknowledge That ': More than Six Weeks After Idaho Murders, Kaylee Goncalves ' Family Lawyer Questions If Police are " Capable ", DAILY MAIL ONLINE (Dec. 19, 2023);
Page-2

G. John Webb, Goncalves Family Attorney Speaks out on 1 Month Anniversary of Murders, KHQ (Dec. 13, 2022).

DATED this 6 day of June, 2023.

ANNE C. TAYLOR, PUBLIC DEFENDER

KOOTENAI COUNTY PUBLIC DEFENDER

Jay Lossder
BY:

JAY WESTON LOGSDON

CHIEF DEPUTY LITIGATION

ASSIGNED ATTORNEY

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing was personally served as indicated below on the 6 day of June, 2023 addressed to:
Latah County Prosecuting Attorney -via iCourt: paservice@latahcountyid.gov Shannon Gray-via iCourt shanon@graylaw.org
WENDY J. OLSON

wendy.olson@stoel.com
CORY M. CARONE

cory.carone@stoel.com Dul Page-3

EXHIBIT A

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun HE U.S. Sign in un US Edition Search
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CAPITAL PUNISHMENT Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ‘ plea deal ' Caitlin Hornik
Published: 12:23 ET, May 29 2023 Updated: 14:42 ET, May 29 2023 THE families of two victims of Idaho murders suspect Bryan Kohberger have shared that they will seek the death penalty in the case against him.

https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 1/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun
DA

3 Friends Kaylee Goncalves (top), Madison Mogen, Ethan Chapin, and Xana Kernodle (right) were stabbed to death in their Moscow, Idaho home in November Credit: Instagram https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 2/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun 3 Bryan Kohberger pleaded not guilty to the quadruple murder earlier in May Credit: AP: Associated Press 3 Steve Goncalves ' daughter Kaylee was one of the four slain students Credit: AP: Associated Press The families of Goncalves and Mogen have filed noticos https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 3/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun So, the Goncalves family obviously supports the death penalty in this case, ” Shanon Gray, the Goncalves family attorney, told NewsNation.

" They want justice for the deaths of their daughter and Maddie, and Xana and Ethan, ” Gray said.

" It's part of the process. You know, the tort claims notice that I filed is just standard procedure.

READ MORE ON KOHBERGER

KILLER EERIE CONNECTION

CONNECTIONS Ted Murder victim's Bundy survivors... sister breaks silenc...

" That's something that has to be filed to protect the interests not only of the families but the victims and the community. ” Meanwhile, Gray shared that the families are looking to take legal action against the city of Moscow, Idaho, where the killings took place.

Filings dated May 3 and May 11 by the Goncalves and Mogen families revealed that they could sue the city for damages, according to documents obtained by ABC News.

https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 4/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun 100 SOCIAL SECURITY PAYDAY Millions to get $ 914 checks as states 0 boost benefits-see the exact date SEEING DOUBLE? Teen Mom Kailyn shows off ' bump ' as fans suspect she's pregnant with twins MORE A-LIVE Live with Kelly and Mark makes major show changes after lackluster reviews SLEEPY TIME Beloved furniture store out of business after 52 years, sites big retailers " Filing a tort claims notice is really just a safeguard, " Gray told ABC News.

" It's a safeguard to protect the interests of the families, the victims and really the whole community around, because if something goes wrong, or was done improperly, then someone is held accountable for that. " Similar claims have been filed with Washington State University, the University of Idaho and Idaho State Police, Gray told ABC News.

" Those aren't meant to do anything other than protect the interests of the families and the victims moving forward, " Gray said.

https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 5/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun attorney Anne Taylor as he was escorted into the courtroom.

After being asked if he understood the charges and penalties, the accused killer firmly replied, " Yes, " to Judge John Judge.

Kohberger sat unemotional as Judge read the names of each victim one at a time as he announced the four first-degree murder charges against him.

When asked for his plea, Kohberger remained silent.

Taylor rose and said, “ Your honor, we are standing silent, " and the judge then entered not guilty pleas for him.

When a defendant stands silent in court, they are exercising their right to remain silent.

The families of Mogen and Goncalves were also in the courtroom, according to Idaho Statesman reporter Angela Palermo, who was in court for the arraignment.

A trial date has been set for October 2, and it is expected to last about six weeks.

Following the arraignment, the judge held a hearing regarding the strict gag order prohibiting police officials or attorneys from speaking to the media about the case.

Judge did not make any decisions on the gag order and set another hearing for June 9 to address it.

SLAIN FRIENDS

https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 6/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun held in an Idaho jail since he was arrested at his parent's residence in Monroe County, Pennsylvania, on December 30, 2022.

Prior to the slaying, investigators said Kohberger visited the house on King Road 12 times dating back to June 2022.

Kohberger's visits were typically in the late evening or early morning hours, court documents said.

During the early morning hours of November 13, 2022, investigators said Kohberger sneaked into the threefloor house undetected via a sliding glass door.

The 28-year-old then allegedly brutally stabbed Mogen and Goncalves to death in a second-floor bedroom, and proceeded to kill Kernodle and Chapin in their third-floor room.

The case went unsolved for over a month until investigators announced Kohberger's arrest.

Investigators linked the 28-year-old suspect to the crime scene after they matched his DNA on a knife sheath left behind, lying next to victims Mogen and Goncalves Moscow Police Officer Brett Payne said he noticed the two best friends, 21, had " visible stab wounds. " He added that when later viewing the room they were in from the door, he noticed " what appeared to be a tan leather knife sheath laying on the bed next to Mogen's right side. " The sheath was later processed and had " Ka-Bar, " " USMC, " and the United States Marine Corps eagle https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 7/12

6/1/23, 2:16 PM Families of Bryan Kohberger's ' victims ' will seek death penalty for Idaho murders suspect and speak out on ' plea deal ' | The US Sun MANE EVENT Kylie MAMA PUTIN Putin's files new trademarks ' secret mum ' dies at for hair products... 97 after decades...

On December 27, 2022, after they had zeroed in on the 28-year-old as a suspect, police recovered the trash from the Kohberger family residence in Monroe County.

The next day an Idaho lab reported a DNA profile obtained from the trash, and the DNA profile obtained from the sheath identified a male as not being excluded as the biological father of the suspect.

Topics Crime True Crime Bryan Kohberger Idaho
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https://www.the-sun.com/news/8234730/bryan-kohberger-victims-families-seek-death-penalty-idaho-murders/ 8/12

EXHIBIT B

6/1/23, 2:13 PM ' PARALLELS OF EVIL ': Ted Bundy survivors speak out, linking their gruesome attacks to Bryan Kohberger's FOX Print Close
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.com ' PARALLELS OF EVIL ': Ted Bundy survivors speak out, linking their gruesome attacks to Bryan Kohberger's By Madeline Coggins Published May 28, 2023 Fox News The brutal killings of four University of Idaho students have captured the attention of the nation as suspect Bryan Kohberger awaits his trial.

But two survivors of notorious serial killer Ted Bundy warn his murders bear an eerie resemblance to the FSU sorority house killings.

" There have been a lot of mass murderers, but [Kohberger] seemed to almost pick a murder that mirrored one of Bundy's murders.

Is that a coincidence? I don't know, " survivor Karen Pryor said on Fox Nation's " Parallels of Evil: The Bundy and Idaho Killings. " Bryan Kohberger, the criminology Ph.D. student accused of the home invasion murders of four University of Idaho undergrads, was indicted by a grand jury in Latah County, Idaho earlier this month according to authorities.

He is accused of sneaking into a college town rental home around 4 a.m. on Nov. 13, 2022, and killing Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin inside.

IDAHO MURDERS: ' RAGE, ' ' RANDOMNESS ' AMONG SIMILARITIES TO TED BUNDY'S INFAMOUS KILLINGS, FORMER
ATTORNEY SAYS

When news broke about the murders, Bundy survivor Cheryl Thomas said reports brought her back to the events of January 15, 1978.

" I could relate, " Thomas told Fox Nation's Nancy Grace.

Pryor added it " bring [s] back that memory " when she managed to just barely survive Bundy's rampage at a sorority house.

Early in the morning on January 15, Bundy broke into the Chi Omega Sorority house at Florida State University where he unleashed hell on sleeping sorority sisters. He attacked and bludgeoned four girls at the house, leaving Margaret Bowman and Lisa Levy dead. Pryor was one of the sorority house survivors.

TED BUNDY'S EX-GIRLFRIEND RECALLS HORRIFYING ENCOUNTER WITH THE SERIAL KILLER: ' HE JUST LAUGHED ' While police rushed to the Chi Omega house, Bundy fled the scene and ended up breaking into a nearby duplex where he attacked Thomas in her own bed.

" My neighbors heard when I was being attacked. They heard moaning, so they called and they could hear through the wall, my phone ringing. I didn't answer, " she said during the Fox Nation special. " Then they called again and they heard running. So at that point, Ted Bundy was running out and getting out through the kitchen window. And they called 9-1-1 because it was just too weird of a sound of going next door. " When asked how Kohberger's alleged killings mirrored Bundy's, Pryor said " he broke into [the house] as Bundy broke into the sorority house, and went kind of systematically from person to person to kill them. " The 28-year-old Washington State University Ph.D. student was charged with four counts of first-degree murder and another of felony burglary after allegedly sneaking into a six-bedroom house near the University of Idaho, about 10 miles away from his Washington apartment, where he killed the four students.

For over a month, police and law enforcement officials were relatively silent on their search for a suspect until Kohberger was https://www.foxnews.com/media/parallels-evil-ted-bundy-survivors-speak-out-linking-gruesome-attacks-bryan-kohbergers.print 1/3

6/1/23, 2:13 PM ' PARALLELS OF EVIL ': Ted Bundy survivors speak out, linking their gruesome attacks to Bryan Kohberger's arrested on December 30, 2022.

Similarly, Bundy broke into the sorority house and duplex, attacking his victims and escaping without a trace for weeks.

Private investigator Bill Warner told " Parallels of Evil " host Nancy Grace that his initial thought was that the Idaho killer was a " copycat of Bundy. " IDAHO MURDERS SUSPECT BRYAN KOHBERGER ALLEGEDLY STALKED ANOTHER FEMALE STUDENT MONTHS
BEFORE MASSACRE: REPORT

Ted Bundy's former lawyer John Henry Browne noted in the special that, in both the Idaho and Bundy cases, " rage " seemed to play a central role in how the victims were murdered.

" It's so random. And the manner of homicide was so brutal, " Browne said. " I've done probably 50 murder cases in my career, maybe more. And these are the only two that have those similarities. Almost all of them involve weapons, guns mostly, or fistfights, things like that, or in self-defense. " " This is just downright brutal. It's rage. Whoever did this was full of rage. " Experts claim there are similarities between serial killer Ted Bundy and alleged Idaho killer Bryan Kohberger. (Fox News) Bundy had used a log to beat his victims including Thomas and Pryor while Kohberger allegedly used a knife to stab the four students. Browne explained that both weapons involve being close to the victim and require a lot of time and rage to kill an individual.

" They're brutal, and they're designed to basically destroy the inside of your body as well as the outside of your body. That's an indication of a great deal of rage on the part of the perpetrator. No question about it, " he shared.

The Fox Nation special even looks at how key pieces of evidence like the vehicle helped track down suspects in both the Bundy and Idaho case.

In the aftermath of the brutal crimes, both college towns were rocked and students at the two universities applied a new level of caution to their daily routines.

Bundy eventually confessed to at least 30 murders and was executed in Florida in 1989.

While Kohberger has been charged, he still awaits a six-week trial which will begin in October.

A judge entered pleas of not guilty to all charges for Bryan Kohberger at his arraignment Monday-more than six months after police allege he fatally stabbed the four University of Idaho undergrads in their off-campus home.

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While the nation, especially the Moscow, Idaho community, awaits the trial, Fox Nation's " Parallels of Evil " presents subscribers with https://www.foxnews.com/media/parallels-evil-ted-bundy-survivors-speak-out-linking-gruesome-attacks-bryan-kohbergers.print 2/3

6/1/23, 2:13 PM ' PARALLELS OF EVIL ': Ted Bundy survivors speak out, linking their gruesome attacks to Bryan Kohberger's alarming similarities between one the most notorious serial killers and the Idaho murders through the eyes of experts and survivors.

Fox Nation programs are viewable on-demand and from your mobile device app, but only for Fox Nation subscribers. Go to Fox Nation to start a free trial and watch the extensive library from your favorite Fox News personalities.

Fox News ' Stephanie Pagones, Michael Ruiz, Chris Eberhart and Audrey Conklin contributed to this report.

Madeline Coggins is a Digital Production Assistant on the Fox News flash team with Fox News Digital.

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EXHIBIT C

6/1/23, 2:13 PM Accused Idaho killer Bryan Kohberger's body language akin to Oswald ' s
NEW YORK POST

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Tourist Man Pa. teacher's Florida Miami cop North Parent files Flori arrested accused of assistant teacher allegedly Korea's Kim suit after murc after... raping... allegedly... found dea... beat up... Jong Un... teen... suici Accused Idaho killer Bryan Kohberger's body language compared to Lee Harvey Oswald By Stephanie Pagones May 23, 2023 5:04 pm Updated
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6/1/23, 2:13 PM Accused Idaho killer Bryan Kohberger's body language akin to Oswald ' s Ted Bundy survivors see eerie similarities between their gruesome attacks and Bryan Kohberger's alleged rampage Sister of PA cold case victim breaks silence on Bryan Kohberger ' connection ' Idaho slaughter suspect dragged into missing-woman cold case after online sleuths tip off family Bryan Kohberger implicated in cold-case death of Pa. woman, parents called to testify Ac