Electronically Filed

8/24/2023 1:32 PM
Second Judicial District, Latah County
Julie Fry, Clerk of the Court
By: Tamzen Reeves, Deputy Clerk

LATAH COUNTY PROSECUTOR'S OFFICE

WILLIAM W. THOMPSON, JR.
PROSECUTING ATTORNEY
Latah County Courthouse
P.O. Box 8068
Moscow, ID 83843
Phone: (208) 883-2246
ISB No. 2613
paservice@latahcountyid.gov

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 No. CR29-22-2805

Plaintiff,
MOTION TO EXTEND TIME TO
RESPOND TO DEFENDANT'S
V. MOTION TO DISMISS
BRYAN CHRISTOPHER KOHBERGER, INDICTMENT, AND TO
Defendant. CONTINUE HEARING

Comes now the State ofldaho, by and through the Latah County Prosecuting Attorney,

and respectfully moves this Court for an Order extending the time for the State to respond to

the Defendant's August 23, 2023, "Motion to Dismiss Indictment on Grounds of Biased Grand

Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct in

Withholding Exculpatory Evidence." The Defendant's Motion was filed on the afternoon of

August 23, 2023, and was accompanied by a Memo in Support comprised of approximately

MOTION TO EXTEND TIME TO RESPOND TO

DEFENDANT'S MOTION TO DISMISS INDICTMENT,
AND TO CONTINUE HEARING I
109 pages, 49 pages of which was made up of the Defendant's arguments and the balance made

up of various exhibits which include affidavits and other materials. Among other things, the

Defendant's motion asserts detailed factual and evidentiary issues that will require not only

review and submission of the entire grand jury transcript (so that the court is able to assess the

Defendant's claims in context) as well as what appears to be complex scientific representations

and disputes.

In light of the above, the State is unable to properly research and respond to the
I

Defendant's motion by August 30th , nor be prepared for a substantive hearing on September 1st.

The State, therefore, respectfully prays that the Court extend the time for responding to

the Defendant's August 23, 2023, motion to Wednesday, September 14, 2023, with any reply

from the Defense due September 20, 2023. The State further prays that the Court vacate the

hearing currently scheduled for Friday, September 1, 2023, and reset the same for September

22, 2023. The State concurs with the Defense's request that their grand jury motions be heard

at the same time. Consequently, the State prays that the hearing on the Defense's prior motion

to dismiss indictment based on burden of proof also be continued and set concurrently with the

hearing on the Defendants August 23, 2023, motion.

The State has asked Defense Counsel whether they are agreeable to this request and

they have indicated their agreement (see Ms. Taylor's signature below).

MOTION TO EXTEND TIME TO RESPOND TO

DEFENDANT'S MOTION TO DISMISS INDICTMENT,
AND TO CONTINUE HEARING 2
 The State further requests that the Court extend time and reschedule as requested

without hearing or, alternatively, set an expedited hearing on this motion to extend time for

Friday, August 25, 2023, because of the shortness oft~

_RESPECTFULLY SUBMITTED this '2. 1 day ~b-11 ust, 2023.

// ---=----
~

No Objection.

Anne Taylor

MOTION TO EXTEND TIME TO RESPOND TO

DEFENDANT'S MOTION TO DISMISS INDICTMENT,
AND TO CONTINUE HEARING 3
 CERTIFICATE OF DELIVERY

I hereby certify that true and correct copies of the MOTION TO EXTEND TIME TO

RESPOND TO DEFENDANT'S MOTION TO DISMISS INDICTMENT, AND TO

CONTINUE HEARING was served on the following in the manner indicated below:

Anne Taylor □ Mailed

Attorney at Law XE-filed & Served/ E-mailed
PO Box 9000
□ Faxed
Coeur D Alene, ID 83 816-9000
□ Hand Delivered

Dated this 24th day of August, 2023.

MOTION TO EXTEND TIME TO RESPOND TO

DEFENDANT'S MOTION TO DISMISS INDICTMENT,
AND TO CONTINUE HEARING 4