Court Filing
IN THE COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVANIA IN RE: Summons for Witness, MAGGIE: Docket No. MD-725-2025 SANDERS, to Testify in Idaho Criminal: Proceeding Case No. CR01-24-31665: ORDER SCHEDULING A HEARING ON PETITION FOR SUMMONS FOR MAGGIE SANDERS AND NOW, THIS day of 2025, upon consideration of the Petition for Summons Directing Witness, Maggie Sanders, 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 Maggie Sanders. 3. Maggie Sanders shall appear at the hearing to show cause why she 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, MAGGIE: Docket No. MD-725-2029 SANDERS, to Testify in Idaho Criminal: Proceeding Case No. CR01-24-31665: : ORDER ISSUING SUMMONS FOR MAGGIE SANDERS 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. Maggie Sanders 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 Maggie Sanders will not cause undue hardship to her. 3. The laws of the State of Idaho, where the prosecution is pending, and of any other state through which Maggie Sanders may be required to pass by ordinary course of travel, provide protection to her 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 Maggie Sanders 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 Maggie Sanders by the Court. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF MONROE COUNTY, PENNSYLVANIA IN RE: Summons for Witness, MAGGIE: Docket No. MD-725-2025 SANDERS, to Testify in Idaho Criminal: Clerk of Courts Proceeding Case No. CR01-24-31665: JUN 425 PM4: 54 : PETITION FOR SUMMONS DIRECTING WITNESS, MAGGIE SANDERS, TO 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 Maggie Sanders 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 Maggie Sanders, 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. Maggie Sanders is a material witness in that proceeding; c. the presence of Maggie Sanders is required as a witness in this proceeding for a specified number of days; and d. Maggie Sanders 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 Maggie Sanders to appear for a hearing to determine whether she 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 Maggie Sanders 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 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 EXHIBIT A 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. Maggie Sanders, 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 Maggie Sanders is required at the Ada County Courthouse in Boise, Idaho. 7. Maggie Sanders's presence is required for two (2) days. Id. 8. Under the laws of the State of Idaho (Idaho Code §19-3005 (3), if Maggie Sanders comes into this State in obedience of a Summons requiring her presence at this Trial, she will not be subject to arrest or service of any process relating to matters that arose before she entered the State under the Summons. EX PARTE SEALED CERTIFICATE OF AN IDAHO DISTRICT JUDGE -2- 9. This Certificate is made for the express purpose of being presented to a Judge of a Court of record in the State of Pennsylvania in support of an order to compel the attendance of Maggie Sanders at the time and place and for the reasons stated above. 134 day of March DATED this 2025. STEVEN HIPPLER DISTRICT COURT JUDGE 14th of March, 2025. GIVEN UNDER MY HAND THIS day JUDICIAL TRENT TRIPPLE COURT 4TH CLERK OF THE DISTRICT COURT THE STATE BY: Binee Waterg CT OF oasi OF- LON IDARO Deputy Clerk COUNTY IN AND FOR AD 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, SUBPOENA V. BRYAN C. KOHBERGER, Defendant. TO: Maggie Sanders 1320 Kunkletown Road Apt 108 Saylorsburg, PA 18585-8207 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 RECOVER FROM YOU THE SUM OF $ 100.00 AND THAT THE AGGRIEVED PARTY MAY SUSTAINED BY YOUR FAILURE TO ATTEND AS A ALL DAMAGES WHICH MAY BE WITNESS. of trial. Please call Anne Taylor Law, PLLC at (208) You will not be needed every day discuss the time for your appearance as a witness in 512-9611 upon receipt of this subpoena to this matter. THIS 12th day of February, 2025. GIVEN UNDER MY HAND TRENT TRIPPLE CLERK OF THE DISTRICT COURT THE DISTRICT BY: Skylak KOF COUR FOUREN Deputy Clerk JUDICIAL ADA DISTRI IDAHO COUNTY, : Page-2 SUBPOENA