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ADA COUNTY, Idaho — Recently unsealed court documents reveal text conversations and the transcript of a 911 call made by the surviving roommates of the four victims killed near the University of Idaho campus in November 2022.
The Latah County Prosecuting Attorney filed 2 motions on Feb. 24 that appeared on the Idaho Court “Cases of Interest” on Thursday, asking the judge to allow the prosecution to use the transcript and the texts as evidence in the upcoming murder trial of Bryan Kohberger, the man accused of the quadruple murder.
The court documents outline text messages between a person identified as D.M. and another person identified as B.F., as well as attempts from D.M. to call victims Xana Kernodle, Kaylee Goncalve and Madison Mogen around 4 a.m. on Nov. 13, 2022.
Court documents outline the following messages between 4:22 a.m. and 4:24 a.m.:
The prosecution argues that the messages are supported by grand jury testimony by D.M., who indicated that they were attempting to make sense of the “startling event” of hearing noises and seeing an unknown man in the house.
The prosecution claims the messages qualify as exceptions to the hearsay rule as “present sense impressions” and “excited utterances.”
Chris Bugbee, a criminal justice attorney not affiliated with the case, says the judge will likely accept the prosecution’s motion, which may also trigger the defense to call for a continuance, pushing the trial back further.
“An observation that a witness was making outside of court but during the time that they’re observing whatever it is they’re describing,” said Bugbee. “If the only way short of dismissing the petition for death, if the only other way to preserve Mr. Kohberger’s rights is to give the defense more time, you may see another continuance.”
The prosecution also states in the documents they expect both B.F. and D.M. to testify at the murder trial set to begin in August.
The prosecution is also asking the judge to allow the recording and transcript of a 911 call made after individuals identified as H.J., B.F., D.M. and E.A. found the unresponsive body of Xana Kernodle on Nov. 13, 2022.
The transcript reads as follows:
Q: 911, location of your emergency.
A: Hi, something is happening. Something happened in our house. We don’t know what. We have…
Q: What is the address of the emergency?
A: 1122 – no don’t…
Q: What is the rest of the address?
A: Oh, Kings Road.
Q: Okay. And is that a house or an apartment?
A: It’s a house.
Q: Can you repeat the address to make sure that I have it right?
A1: I’ll talk to you guys. We’re, um, we live at the right, so we’re next to them.
Q: I need someone to repeat the address for verification.
A1: The – the address? 1122 King Road.
Q: And what’s the phone number that you’re calling from?
A1: What’s your phone number?
A: [REDACTED]
A1: [REDACTED]
A: [REDACTED]
A1: [REDACTED] what’s the rest?
A: [REDACTED]
A1: [REDACTED]
Q: Okay. And tell me exactly what’s going on.
A1: Um, one of our one of the roommates who’s passed out and she was drunk last night and she’s not waking up.
A: No, we saw…
Q: Okay.
A1: Oh, and they saw some man in their house last night. Yeah.
A: Hi…
Q: And are you with the patient? Okay. need someone to keep the phone, stop passing it around.
A: Can just tell you what happened, pretty much?
Q: What is going on currently? Is someone passed out right now?
A: I don’t really know, but pretty much at 4:00 am…
Q: Okay. need to know what’s going on right now, if someone is passed out. Can you find that out?
A: Yeah, I’ll come – come on. Let’s – we gotta go check. But we have to. Is she passed out? She’s passed out. What’s wrong?
Q: Dispatching Moscow Law ambulance for…
A: She’s not waking up.
Q: …unconsciousness, 1122 King Road.
Q1: Seven zero is en route…
Q: Okay. One moment. I’m getting help started that way.
A: Okay maybe…
Q: (Unintelligible) 1122 King Road. All ambulance respond for unconsciousness. 1122 King Road…
Q2: I copy.
Q: (Unintelligible) 58 Multiple RPs on the phone advised saying the roommate on scene is passed out and not waking up. Believe she got drunk last night and (unintelligible) about a male being in the room with them.
Q1: (Unintelligible) being around.
Q: That one I copy about 20-year-old female unconscious trying to get further.
Q1: Copy.
A2: Yeah. Yeah, it’s (Evan)
A: Okay.
Q: Okay. And how old is she?
A: Um, she’s 20.
Q: 20 you said?
A: Yes, 20, here do you wanna talk to ’em?
Q: Okay.
A2: Hello? Hello?
Q: Okay. I need someone to stop passing the phone around because I’ve talked to four different people.
A2: Okay. Sorry. They just gave me the phone.
Q: Is she breathing?
A2: Hello?
Q: Is she breathing?
A2: No.
Q: Okay.
Q1: (Unintelligible) en route.
A2: (Bethany) or (Dylan) I need you to – to talking to them, okay? I can’t talk to them. I need you to talk to them.
A: Okay. Hello?
Q: Okay. I have already sent the ambulance and law enforcement, stay on the line.
A: Okay.
Q: If there is a defibrillator available, send someone to get it now and tell me when you have it. Unit’s responding RPs advising…
A: (Unintelligible).
Q: …the patient is not conscious, not breathing.
A: (Unintelligible).
Q: Okay. If there is a defibrillator available, send someone to get it now and tell me when you have it.
A: We don’t have one.
Q1: Unconscious, not breathing.
A: Do you have a defibrillator?
Q3: Yep.
A: Yes, we have one.
Q: But are you talking to the officer?
A: Yes.
Q: Okay. I’m gonna let you go since he’s there with you and can help you.
A: Okay. Thank you. Bye.
Q: Okay.
Q4: Moscow 46 out.
Q: Copy.
Q4: 13. I think we have a homicide.
Q5: Moscow engine 20 is en route.
Q4: 13 70.
Q1: 70 (unintelligible). I relayed it.
–
The prosecution argues that the transcript is also exempt from the hearsay rule as “present sense impressions” and “excited utterances.”
The prosecution cites that Judge John Judge already ruled that the 911 call is not hearsay and provides examples of other court cases wherein similar exemptions were made.
Prosecutors have said they will seek the death penalty if Kohberger is convicted at the trial set to start in August.