Thread by @azarilaw

THREAD Motion to Compel: Per ICR 16 (Idaho Criminal Rule) governing discovery disclosures, sections (a) and (b) the prosecution must provide all exculpatory evidence in its possession and in the possession of its staff and "others" who have participated in the investigation.

https://twitter.com/azarilaw/status/1658454951121780737

This is a broad mandate. The prosecution must also disclose/provide evidence and materials on "written request". #Kohberger has made at least three written discovery requests: a first and two supplementals.

Section (c) governs the defendant's discovery obligations and is limited to evidence the defendant intends to introduce at trial or introduce via testimony at trial. The latter obligation is in response to a written request by prosecution.

#Kohberger filed a motion to compel (MTC) stating that despite multiple written requests for discovery, there is outstanding discovery owed to the defense including exculpatory evidence. On May 12, the state filed its response to the MTC.

Items 1-4 indicating how many pages of reports, photos, tips, and terabytes of media has been provided sounds like a whining child screaming "but mom". lol. It's not about quantity, it's about quality. The state then responds more specifically that

1) it has already produced all items related to Kohberger's arrest in PA and that there is no body cam or dash cam footage; 2) this response indicates that there are a number of forensic reports re items recovered from Kohberger's parent's home, trash cans and

his car that are incomplete and prosecution awaits. Given defense request sought "exculpatory evidence" in this context, it leads me to believe that there may be certain DNA reports that are non-confirmatory, negative or otherwise inconclusive or even exculpatory to Kohberger;

3) This is odd - State claims Payne's intv of Kohberger has been provided but they "will provide" any reports or notes as received and reviewed. Notes and reports are prepared in real time or immediately after an intv. This is an unusual delay. Get it, review it, turn it over.

4) As to audio/video of Kohberger's arrest, the state is claiming it has fully complied. Unclear if that is true and when they compiled. They may have turned over items after the MTC was filed a served. It's certainly an incentive to get with the program.

5) This too seems to be an item state claims was turned over. If so, moot point for purposes of any hearing on the MTC; and 6) state asserts that the training records of officers is outside scope of Rule 16 unless and until such officers may be designated as experts

and even then subject to a protective order. This is another item that should be heard and ruled on in a motion hearing on the MTC. The court has to make a record for Rule 16's scope as to training materials, whether they are subject to disclosure, under what circumstances and

when. The Court then needs to hear argument from defense as to the purpose of the request: is it a fishing expedition or does it legitimately ensure defendant's right to an effective defense. Remember we are pre-preliminary hearing where discovery is more limited than in the

pretrial phase. All in all, it seems like some of the items in the MTC have been provided (likely after the filing of MTC) and a few are in dispute. The defense should not withdraw the MTC and instead set it for hearing.

The Court will order what should be disclosed and set a reasonable time period within which the prosecution must comply. #IdahoFour #BryanKohberger #Discovery END