Kathy's InDieZoNe

In Episode 176, we discuss the 11/8/23 Order Setting the deadline of 12/1/23 for the state of Idaho to turn over all materials regarding IGG/DNA for the court's in camera review. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho....

In Episode 176, we address an order entered by the court on 10/31/23 setting a status conference as to the IGG evidence to be held virtually via zoom as to the parties on 11/2/23. However the order also states that the courtroom will be open to the public if the public wishes to attend the hearing. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicate...

In Episode 174, we discuss the 10/25/23 order on the defense's motion to compel DNA/Investigative Genetic Genealogy (IGG) testing which they have been seeking in discovery. We learn for the first time here the FBI conducted this testing and advised local authorities to investigate Mr. Kohberger who was later arrested. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads...

In Episode 173, we address the State of Idaho's latest motion for request to seal discovery responses, this time their 10/23/23 Motion to Temporarily Seal Exhibits 1 and 2 of the State's Response to Defendant's 8th and 9th Supplemental Requests for Discovery. We note that the exhibits to the defense's 8th and 9th Supplemental Discovery Requests were also filed under seal. On 10/24/...

In Episode 172, we discuss forms submitted by KXLY-TV out of Spokane and Court-TV requests to record to the hearings on 10/26/23 on the defense's motions to dismiss the indictment . Both were authorized to participate in the pool hearing as to the open afternoon hearing. However, Judge Judge denied KXLY-TV's permission to record the morning hearing -- handwriting "denied closed"...

In Episode 171, we discuss the Defense's 10/12/23 Motion to File Exhibit G under seal in the 8th Supplemental Discovery seeking to have the exhibit filed under seal. Also on 10/12/23, a Stipulation was filed where the defense and State of Idaho state Exhibit G should be filed under seal including that if documents requested were made public that it might threaten or endanger the life or safety...

In Episode 170, we address the 10/5/23 Order denying Defendant's (Second) Motion to Stay Proceedings and Withdrawing Order Staying Time for Speedy Trial. Here we discuss the fact that Judge Judge found the issues Mr. Kohberger raised did not rise to the level of error required to obtain a stay under Idaho law. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty...

In Episode 169, we discuss a 9/20/23 defense motion to file a Reply to the State of Idaho's objection to the defense's second motion to dismiss indictment under seal, and an order entered on 9/21/23 granting this relief. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court'...

In Episode 168, we discuss an Order entered by the Court on 9/19/23 granting the request by the State of Idaho and the defense that the hearing on the defense's motion to dismiss be held as a closed hearing. Per a second order entered 9/21/23, the closed hearing was adjourned to 10/26/23. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guil...

In Episode 167, we discuss the fact the parties entered into a Stipulation on 9/14/23 agreeing that the defense's motion to dismiss the indictment should be entertained not in the public but via a closed hearing. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the documents from the Court's file, plea...

In Episode 166, we address the Court's granting of two State of Idaho's 9/14/23 motions to file documents under seal. We note that one of these orders, the motion asking the Court to take judicial notice of the Grand Jury record provide details for the first time regarding the dates of the Grand Jury proceedings, and the times these proceedings commenced. Mr. Kohberger is presumed innocent...

In Episode 165, we address two more motions submitted by the state of Idaho seeking orders to seal documents, preventing them from being filed on the public docket. These two motions, filed simultaneously on 9/14/23 at 3:21 pm seek to have documents related to the grand jury record and opposing Mr. Kohberger's second motion to dismiss filed under seal. We note the state again using the same fi...

In Episode 164, we address the 9/12/23 defense Reply to the Media Coalition's Response opposing Mr. Kohberger's motion to ban cameras from the courtroom. Here, defense continues to raise reasons why cameras should be banned from the courtroom during pretrial through and including the trial of this case including that these proceedings "are not entertainment." Mr. Kohberger is pre...

In Episode 163, we address five (5) warrants sought by Det. Lawrence Mowery and orders entered by Judge Megan E. Marshall on 9/8/23 following hearings on 8/22/23 on the state's motion to seal or redact that were not noticed on the public docket. The warrants were issued to Amazon, Apple, PayPal/Venmo, Spotify and YouTube. To review the documents from the Court's file, please go here: https...

In Episode 162, we yet another order to seal a document, here granting the State of Idaho's 9/12/23 filing to submit a second document (Exhibit C) to State's notice of intent not to cross-examine defense witnesses, district court decision and records to explaining witness contact. We also give our opinion as protected by the First Amendment to the United States Constitution as to the secre...

In Episode 161, we discuss the State of Idaho's 9/12/23 filing to submit a second document (Exhibit C) to State's notice of intent not to cross-examine defense witnesses, district court decision and records to explaining witness contact. We note that the State's "Exhibit B" was previously filed under seal. Mr. Kohberger is presumed innocent of these crimes until or unless he...

In Episode 160, we address four documents filed by the media coalition (the Intervenors) on 9/8/23 in their continued initiatives to prevent the banning of cameras in the courtroom responding to the defendant's motion to ban cameras. One of these documents are the Intervenors' response opposing Mr. Kohberger's motion. Another is the declaration of Rebecca Boone who is a supervising rep...

In Episode 159, we review yet another order this one date 9/6/23 sealing discovery. This order grants the State of Idaho's 9/6/23 motion seeking court order to file responses to the defense's 7th supplemental discovery request, which itself was file under seal, also under seal and therefore beyond the public's reach. Mr. Kohberger is presumed innocent of these crimes until or unless he...

In Episode 158, we review the State of Idaho's 9/6/23 motion seeking another court order to file responses to the defense's 7th supplemental discovery request, which itself was file under seal, also under seal and therefore beyond the public's reach. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review...

In Episode 157, we review the defense's 9/1/23 court filing responding to a filing by the state attaching a sister district court's ruling. Here we note Mr. Kohberger states he is seeking SNP profile created on behalf of the state of Idaho and the IGG process used by the state to lead them to Mr. Kohberger, who has been the sole defendant arrested in connection with the events that occurre...

In Episode 156, we address two filings submitted by a coalition of media representatives a/k/a the "media coalition" seeking to intervene in the case. They are seeking an order authorizing them to intervene in the case for a second time to oppose the defense's motion to ban cameras from the courtroom. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty...

In Episode 155, we address a 8/29/23 order granting the state of Idaho's motion to file documentation explaining an out-of-court contact with defense expert witness Gabriella Vargas to be filed under seal, and therefore out of the public domain. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To review the document...

In Episode 154, we address a 8/29/23 filing submitted by the State of Idaho confirming it contacted defense witness Gabriella Vargas out of court with details explaining this contacted in documents explaining the contact in Exhibit B which is not attached to this filing. We also note that the state is asking for a protective order as to the documents contained in Exhibit A. Mr. Kohberger is presum...

In Episode 153, we address two filings of 8/28/23 from Court TV and KXLY seeking approval to broadcast Mr. Kohberger's proceedings. The court's orders require that both organizations participate in the "pool" approved transmission of the proceedings in compliance with Judge Judge's prior order governing courtroom conduct. Mr. Kohberger is presumed innocent of these crimes unt...

In Episode 152, we address the 8/25/23 court order granting the state of Idaho's request for an extension of time to respond to defendant's motion to dismiss the indictment based on prosecutorial misconduct and for three other reasons. This order also resets the 9/1/23 hearing on the motion to dismiss the indictment. Mr. Kohberger is presumed innocent of these crimes until or unless he ple...