Court Filing
IN THE COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVAΝΙΑ IN RE: Summons for Witness,: Docket No. BRANDON ANDREOLA, to Testify in: Idaho Criminal Proceeding Case No.: MD-723-2025 CR01-24-31665: ORDER SCHEDULING A HEARING ON PETITION FOR SUMMONS FOR BRANDON ANDREOLA AND NOW, THIS day of 2025, upon consideration of the Petition for Summons Directing Witness, Michelle Bolger, to Attend and Testify in Out-Of-State Criminal Proceeding filed in the above-captioned matter, it is hereby ORDERED: 1. A hearing on the Petition shall be held on the day of 2025 at o'clock in Courtroom of the Monroe County Courthouse, 610 Monroe Street, Stroudsburg, PA 18360. 2. Petitioner shall promptly serve a copy of this Order upon Brandon Andreola. 3. Brandon Andreola shall appear at the hearing to show cause why he should not be compelled to attend and testify in the out-of-state criminal proceeding. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVANIA IN RE: Summons for Witness,: Docket No. BRANDON ANDREOLA, to Testify in: Idaho Criminal Proceeding Case No. MD-723-2025 : CR01-24-31665: ORDER ISSUING SUMMONS FOR BRANDON ANDREOLA TO TESTIFY IN OUT-OF-STATE CRIMINAL CASE AND NOW, THIS day of 2025, following a hearing held pursuant to 42 Pa.C.S. § 5963 in the above-captioned matter, the Court finds as follows: 1. Brandon Andreola is a material and necessary witness in a criminal proceeding pending before the District Court for the Fourth Judicial District of the State of Idaho. 2. Compelling the attendance and testimony of Brandon Andreola will not cause undue hardship to him. 3. The laws of the State of Idaho, where the prosecution is pending, and of any other state through which Brandon Andreola may be required to pass by ordinary course of travel, provide protection to him from arrest and from the service of civil or criminal process while traveling to, attending, and returning from the proceeding. For these reasons, it is hereby ORDERED as follows: A Summons shall issue, with a copy of the certificate issued by the Honorable Steven Hippler, of the District Court for the Fourth Judicial District of the State of Idaho, pursuant to 42 Pa.C.S. § 5963 attached, directing Brandon Andreola to attend and testify in the criminal proceeding pending in the State of Idaho on the dates of trial, which begins August 11 and ends November 7, with the specific date to be communicated to Brandon Andreola by the Court. BY THE COURT: J. CERTIFICATE OF COMPLIANCE I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents. MONTGOMERY, MCCRACKEN, WALKER & RHOADS LLP / s / Abigail Parnell Dated: May 30, 2025 Abigail Parnell | Atty ID No. 331830 IN THE COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVANIA IN RE: Summons for Witness,: Docket No. BRANDON ANDREOLA, to Testify in: MD-723-2025 Idaho Criminal Proceeding Case No.: CR01-24-31665: Clerk of Courts JUN 4 '25 PM4: 53 PETITION FOR SUMMONS DIRECTING WITNESS, BRANDON ANDREOLA, ΤΟ ATTEND AND TESTIFY IN OUT-OF-STATE CRIMINAL PROCEEDING Pursuant to 42 Pa.C.S. § 5963, Petitioner respectfully requests that this Court scheduling a hearing and, subsequently, issue a Summons compelling Brandon Andreola to testify in an out-of-state criminal proceeding, and in support of this request avers as follows: 1. Petitioner, the undersigned, has been retained as local counsel by the firm of Ann Taylor Law, in its capacity as counsel for Bryan C. Kohberger, in a criminal proceeding pending in the District Court of the Fourth Judicial District of the State of Idaho, County of Ada, captioned State of Idaho v. Bryan C. Kohberger, and bearing docket number: CR01-24-31665. 2. The trial is scheduled to take place from August 11, 2025, until November 7, 2025. 3. Judge Steven Hippler, of the District Court for the Fourth Judicial District of the State of Idaho, has issued a subpoena commanding the appearance and testimony at trial of Brandon Andreola, who lives, works, or does business in Monroe County, Pennsylvania. See copy of the subpoena attached as Exhibit A. 4. Pursuant to 42 Pa.C.S. § 5963, Judge Hippler has issued a certificate under seal affirming that: 1 a. a criminal proceeding is pending in the District Court for the Fourth Judicial District of the State of Idaho; b. Brandon Andreola is a material witness in that proceeding; c. the presence of Brandon Andreola is required as a witness in this proceeding for a specified number of days; and d. Brandon Andreola will be protected from arrest and service of civil or criminal process while traveling to, attending, and returning from the proceeding. See a copy of Judge Hippler's 42 Pa.C.S. § 5963 certificate attached as Exhibit B. 5. Judge Hippler's certificate constitutes " prima facie evidence of all the facts stated therein. " 42 Pa.C.S. § 5963 (b). 6. Pursuant to 42 Pa.C.S. § 5963, Petitioner respectfully requests that this Court issue an Order directing Brandon Andreola to appear for a hearing to determine whether he should be compelled to attend and testify in the out-of-state proceeding discussed herein. WHEREFORE, Petitioner respectfully requests that this Court set a date and time for a hearing on this Petition, and following the hearing, issue a Summons directing Brandon Andreola to attend and testify at the criminal trial in Idaho. Respectfully submitted, MONTGOMERY, MCCRACKEN, WALKER & RHOADS LLP / s / Abigail Parnell Dated: May 30, 2025 Carson Morris Atty ID No. Abigail Parnell | Atty ID No. 331830 2 1735 Market Street Philadelphia, PA 19103 cmorris@mmwr.com aparnell@mmwr.com 3 EXHIBITA Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816 Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661 Phone: (208) 642-3797; Fax: (208)642-3799 Bicka Barlow Pro Hac Vice 2358 Market Street San Francisco, CA 94114 Phone: (415) 553-4110 Assigned Attorney: Anne C. Taylor, Attorney at Law, Bar Number: 5836 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 Bicka Barlow, Attorney at Law, CA Bar Number: 178723 Jay W. Logsdon, First District Public Defender, Bar Number: 8759 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 NUMBER CR01-24-31665 Plaintiff, EX PARTE SEALED CERTIFICATE OF AN IDAHO V. DISTRICT JUDGE BRYAN C. KOHBERGER, Defendant. CERTIFICATE PURSUANT TO IDAHO CODE $ 19-3005 (42 Pa.C.S.A. § 5963) Pursuant to Idaho Code $ 19-3005 (42 Pa.C.S.A. § 5963), and after considering the Motion of the Defendant and the Affidavit of Elisa Massoth, the District Court of the Fourth EX PARTE SEALED CERTIFICATE OF AN IDAHO DISTRICT JUDGE -1- Judicial District of the State of Idaho, in and for the County of Ada, being otherwise fully advised, hereby CERTIFIES as follows: 1. The Fourth District Court in Ada County is constitutionally and statutorily a court of record in the State of Idaho. 2. There is a criminal proceeding pending before this Court at Case Number CR01-24-31665. (See 42 Pa.C.S.A. § 5963.) 3. The Defendant in this case is charged with four counts of a Murder in the First Degree (Idaho Code §18-4001, 4002, 4003, 4004), and one count of Burglary (Idaho Code §18-1401, 1403) under Idaho law that is punishable by Death. 4. I am the Judge assigned to preside over the Trial scheduled to begin on August 11, 2025, at 8:30 AM through November 7, 2025. 5. Brandon Andreola, a person within the Commonwealth of Pennsylvania, is a material witness in this case for the Defendant. Id. 6. For the reasons stated in the Affidavit of Elisa Massoth, the presence of Brandon Andreola is required at the Ada County Courthouse in Boise, Idaho. 2 7. Brandon Andreola's presence is required for days. Id. 8. Under the laws of the State of Idaho (Idaho Code §19-3005 (3), if Brandon Andreola comes into this State in obedience of a Summons requiring his presence at this Trial, he will not be subject to arrest or service of any process relating to matters that arose before he entered the State under the Summons. EX PARTE SEALED CERTIFICATE OF AN IDAHO DISTRICT JUDGE -2- . This Certificate is made for the express purpose of being presented to a Judge of a 9 Court of record in the State of Pennsylvania in support of an order to compel the attendance of Brandon Andreola at the time and place and for the reasons stated above. 12 2025. DATED this day of STEVEN HIPPLER DISTRICT COURT JUDGE 14 W day of March, 2025. GIVEN UNDER MY HAND THIS TRENT TRIPPLE CLERK OF THE DISTRICT COURT COURT 4TH JUDICIAL RICT OF THE STAT DISTRICT BY: DISTRI Deputy Clerk - OF- IDAHO IN ALNOO AND FOR ADA) EX PARTE SEALED CERTIFICATE OF AN IDAHO DISTRICT JUDGE -3- : EXHIBIT B Anne Taylor Law, PLLC Anne C. Taylor, Attorney at Law PO Box 2347 Coeur d'Alene, Idaho 83816 Phone: (208) 512-9611 iCourt Email: info@annetaylorlaw.com Elisa G. Massoth, PLLC Attorney at Law P.O. Box 1003 Payette, Idaho 83661 Phone: (208) 642-3797; Fax: (208)642-3799 Bicka Barlow Pro Hac Vice 2358 Market Street San Francisco, CA 94114 Phone: (415) 553-4110 Assigned Attorney: Anne C. Taylor, Attorney at Law, Bar Number: 5836 Elisa G. Massoth, Attorney at Law, Bar Number: 5647 Bicka Barlow, Attorney at Law, CA Bar Number: 178723 Jay W. Logsdon, First District Public Defender, Bar Number: 8759 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 NUMBER CR01-24-31665 Plaintiff, SUBPOEΝΑ V. BRYAN C. KOHBERGER, Defendant. TO: Brandon Andreola 2623 Majestic Court East Stroudsburg, PA YOU ARE HEREBY COMMANDED that laying aside all excuses, you appear in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, in Boise, Idaho, scheduled for August 11, 2025 – through the end of trial as a witness in the above-entitled matter on the part of the defendant. YOU ARE FURTHER NOTIFIED THAT IF YOU FAIL TO APPEAR AT THE PLACE AND TIME SPECIFIED ABOVE, THAT YOU MAY BE HELD IN CONTEMPT OF COURT AND SUBPOENA Page-1 AGGRIEVED PARTY MAY RECOVER FROM YOU THE SUM OF $ 100.00 AND THAT THE WHICH MAY BE SUSTAINED BY YOUR FAILURE TO ATTEND AS A ALL DAMAGES WITNESS. You will not be needed every day of trial. Please call Anne Taylor Law, PLLC at (208) receipt of this subpoena to discuss the time for your appearance as a witness in 512-9611 upon this matter. HAND THIS 12th day of February, 2025. GIVEN UNDER MY TRENT TRIPPLE CLERK OF THE DISTRICT COURT OF THE DISTRIC Jak BY: FOURTH Deputy Clerk JUDICAL DISTRICT IDAHO ADA COUNTY, : Page-2 SUBPOENA