Kathy's InDieZoNe

In Episode 348, we discuss one of two documents filed on Dec. 6, 2024 by the State of Idaho: A stipulation to seal another document also filed that date under seal so as to keep it off the public docket. The filing in question is the stipulation to seal State's Response in Opposition to Motion to Suppress IGG/DNA evidence .Mr. Kohberger is presumed innocent of these crimes until or unless he plead...

In Episode 347, we discuss one of two documents filed on Dec. 6, 2024 by the State of Idaho: A stipulation to seal another document also filed that date under seal so as to keep it off the public docket. The filing in question are the exhibits to the State of Idaho's Objection to Defendant's Motion to Suppress and Memorandum in Support RE: Pen Trap and Trace Device. Please go to pages 11-17 of the...

In Episode 346, we discuss one of two documents filed on Dec. 6, 2024 by the State of Idaho: A stipulation to seal another document also filed that date under seal so as to keep it off the public docket. The filing in question are the exhibits to the State's Objection to Defendant's Motion to Suppress and Memorandum of Law regarding the federal grand jury subpoena and warrant issued August 1, 2023...

In Episode 345, we evaluate the State of Idaho's Dec. 6, 2024 Response in Opposition to Defense's Motion to Suppress Cell Phone/USB File RE: Moscow Police Forensic Lab Warrant Dated January 9, 2023. We note here that unlike other warrants Mr. Kohberger is challenging that were issued pre-arrest, this warrant was obtained approximately 1.5 weeks after his December 30, 2022 arrest. Mr. Kohberger is...

In Episode 344, we address the Dec. 6, 2024 State of Idaho's Response in Opposition to the Defense's Motion to Suppress and Memorandum in Support regarding White Hyundai Elantra - in Pennsylvania. (Mr. Kohberger was in PA on the day of his arrest when his car was seized by the authorities in PA). Here we refer to the Dec. 29, 2022 Affidavit of Probable Cause discussing this vehicle and the Moscow...

In Episode 343, we address the the State of Idaho's Objection to Defendant's Motion to Suppress and Memorandum in Support of the Same regarding the search warrant for Mr. Kohberger's apartment. Here, the State cites to state and federal case law that "great deference" is given to a magistrate who issues a warrant and Mr. Kohberger's high burden in getting a warrant set aside. We address the fact t...

In Episode 342, we discuss the State's Stipulation Motion to Seal State's Objections and Exhibits to Defendant's Amended Motion any Memorandum In Support for Franks hearing filed December 6, 2024 and released on December 12, 2024. We address the five mis-numered good cause reasons State provides to keep this information under seal that we note the State has used in the past without providing suppo...

In Episode 341, we address the State of Idaho's Dec. 6, 2024 "Stipulated Motion to Seal State's Objection and Exhibits to Defendant's Motion to Suppress and Memorandum in Support RE: Pennsylvania Search Warrant for Lamsden Drive Albrightsville, PA and Statements Made. One of the good cause reasons for sealing these items per the state that release or disclosure of the same would "Disclose the iden...

In Episode 340, we address a rather unusual December 9, 2024 ex parte, closed defense hearing notice that appeared on the public docket on December 10, 2024. The hearing notice states that the defense will present oral argument and/or "testimony" in support of the motions (plural) they are calling up for hearing before Judge Hippler. The titles of the motions are not provided and the certificate o...

In Episode 339, we address further notations that appeared on the Case Summary Page maintained by the Ada County Clerk of Court on December 9, 2024. Multiple items were noted by the Clerk on the Case Summary Page, including the State of Idaho's numerous responses opposing the Defense's Motions to Compel and to Suppress Evidence dated December 6, 2024 and a Notice of Hearing dated December 9, 2024....

In Episode 338, we address a notation on Page 59 of the Case Summary Page maintained by the Clerk of Court on December 6, 2024 setting a hearing to occur on December 11, 2024 at 2:30 pm. We provide our opinions on what this hearing may be fore as the Case Summary Page does not state what motion it is on, if it is a defense or state motion, or whether the hearing will be public or closed to the pub...

In Episode 338, we discuss the defense's Nov. 26, 2024 "Stipulated Motion to Seal Defendant's Amended Memorandum and Exhibits in Support of Franks Hearing." We provide our opinions questioning a good cause reason provided to keep these documents under seal because "the documents contain facts or statements that might threaten the life or safety of (unnamed) individuals" if the sole defendant who h...

In Episode 337, we discuss the State of Idaho's response to Defense's 6th motion to compel discovery filed November 21, 2024. We address what discovery is, what a motion to compel discovery is, and all of the discovery requests and responses which are all filed under seal. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law...

In Episode 336, we address the continuing "secrecy" regarding all discovery requests and responses in this case by addressing the State of Idaho's response to the Defense's 19th supplemental discovery request. Here we discuss what discovery is and comment on the fact that all discovery requests and responses dating back to Defense's initial discovery request of January 2023 through the 18th supple...

In Episode 335, we evaluate the defense's Nov. 21, 2024 objection to the state of Idaho's request for a court order regarding special appointment of attorney's general and decision without hearing. Of interest is a statement referencing a federal grand jury proceeding and that the state "currently" has the assistance of the U.S. Attorney General's office. Mr. Kohberger is presumed innocent of thes...

In Episode 334, we address Judge Hippler's Order of November 22, 2024 raising several concerns with the defense's submission of a motion and memorandum in support of a Franks (referring to Franks v. Delaware) hearing. The court here describes a situation where over 2000 pages of largely irrelevant documents were produced and tells defense that it is not the court's job to do the defense's - in see...

In Episode 333, we discuss Judge Hippler's November 21, 2023 order denying State's motion to strike two very critical memoranda filed by the defense for violations of two local rules of court. At issue were the Defense's memorandum in support of motion to suppress IGG/DNA evidence and for a Franks hearing. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is ad...

In Episode 332, we discuss the November 19, 2024 state of Idaho's Petition, filed by Latah County Prosecuting Attorney William W. Thompson, Jr., for appointment of special assistant attorneys general. Mr. Thompson speaks in terms of a need for a "transition" of assigned deputy attorneys I the case due to its expected duration. Mr. Kohberger is presumed innocent of these crimes until or unless he p...

In Episode 331, we discuss Judge Steven J. Hippler's Nov. 20, 2024 Order and Memorandum denying all 12 defense motions challenging the various aspects of Idaho's capital punishment scheme - i.e. "the DP motions." The court announced his decision on page 2 and then spends the remainder of the lengthy 35 page order explaining why he ruled the way he did. Mr. Kohberger is presumed innocent of these c...

In Episode 330, we address what defense's burden is to obtain the "Franks" hearing before Judge Hippler they seek to suppress or even get certain key evidence thrown out by challenging affidavits issued by law enforcement to secure those warrants. 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...

In Episode 329, we discuss the defense's Motion to Suppress and Memorandum in Support RE: Pennsylvania Search Warrant for 119 Lamsden Drive, Albrightsville, PA and statements made (at his family's home where he was at the time of his arrest on December 30, 2022). We point out that a rare series of words located on page 16 of the motion is completely redacted concerning statements Mr. Kowberger may...

In Episode 328, we address the defense's November 14, 2024 exceedingly rare request for a "Franks hearing" which states that a proffer and exhibits (under seal) have been served and will be filed in person no later than November 18, 2024. Defense here appears t one challenging the truth of information that is used to support a warrant or warrants that were filed by law enforcement in this case and...

In Episode 327, we address the Nov. 14, 2024 Motion to Suppress and Memorandum in Support regarding the alleged "Suspect Vehicle 1" (as described in the Affidavit of Probable Cause) Mr. Kohberger's 2015 white Hyundai Elantra seized in Pennsylvania while he was visiting his family home in Pennsylvania. We address the fact that defense is stating that there was an illegal search of the car and there...

In Episode 326, we address the much-anticipated November 14, 2024 defense motion to suppress IGG/DNA evidence as illegal obtained from Mr. Kohberger and in violation of federal and state constitutional law. We address such matters that the legal authority and argument cited in defense's memorandum of law and exhibits appears to be a possible "case of first impression" Mr. Kohberger is presumed inn...

In Episode 325, we discuss the items that hit the docket on November 15, 2024 concerning the November 14, 2024 deadline for discovery related motions and motions to suppress. 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.gov