Kathy's InDieZoNe

In Episode 126, we discuss the Court's 7/14/23 Order granting the state's motion to temporarily seal documents concerning return of and removal of evidentiary items pending hearing which is set to occur on 8/2/23. Also in this order, Judge Judge hand writes "the Court has concerns about transport of items." Mr. Kohberger is presumed innocent of these crimes until or unless he ple...

In Episode 125, we discuss the 7/14/23 by the state of Idaho motion to temporarily seal stipulation and order regarding release and return of evidentiary items from the 1122 King Road property pending hearing. The motion states there was no objection (from defense) to this motion. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a cour...

In Episode 124 we discuss five orders entered by Judge Marshall on 7/14/23 on the state's motion to redact and seal evidence pertaining to warrants issued to Meta (Facebook and Instagram) for Xana Kernodle and Madison Mogan's accounts. Other orders to seal and redact relate to warrants issued to T-Mobile and Verizon Wireless regarding redacted cell phone numbers (with the last 4 digits vis...

In Episode 123, we review the two orders signed by Judge Judge on 7/12/23 granting the parties' stipulation that the defense file the 5th & 6th supplemental discovery requests (here Exhibits E & F) to the discovery requests under seal. We express opinions regarding the ongoing secrecy of the case concerning discovery requested and responded to. Mr. Kohberger is presumed innocent of the...

In Episode 122, we review and express opinions regarding four documents dated 7/12/23 going to the secrecy of the case. Here Exhibits E & F describing discovery sought to the 5th & 6th supplemental discovery requests are not attached to the discovery requests and 2 stipulations signed by state & defense to file Exhibits E &F to the discovery requests under seal. Mr. Kohberger is pr...

In Episode 121, we review the state of Idaho's 7/11/23 Supplemental Discovery Request, including item #8 related to Request for Production 164 requesting information collected at the autopsies such as bodycam footage and notes. This response provides additional details regarding discovery requested concerning Suspect Vehicle 1 and cell phone evidence both of which were detailed in the PCA. The...

In Episode 120, we discuss the 7/7/23 court order concerning the defense's motion to stay proceedings, which the court found was premature. However, the court here has provided Mr. Kohberger with an additional 37 days to waive his Sixth Amendment right to a speedy trial. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of l...

In Episode 119, we address the 7/6/23 Amended Order to Release Grand Jury Materials (to the state and defense) based on a Stipulation between the parties concerning the release of grand jury that returned the May 2023 indictment against Mr. Kohberger. This court order includes certain conditions including that Exhibit A (discussed in Episodes 117 & 118) is filed under seal. Mr. Kohberger is pr...

In Episode 118, we address the 7/6/23 State of Idaho's Motion and Granted Order sealing "Exhibit A" to the Amended Stipulation between the parties concerning the release of grand jury materials. We discuss that one of the reasons proffered by the state further suggests the existence of a confidential witness in this case. To review the documents from the Court's file, please go h...

In Episode 117, we address the 7/6/23 Amended Stipulation between the parties concerning the release of grand jury materials. We discuss misinformation reported that Judge John Judge presided over the grand jury and provide the name of the judge who did preside over grand jury proceedings and an order he previously entered. Mr. Kohberger is presumed innocent of these crimes until or unless he plea...

In this episode, we address two Motions to Temporarily Sealing More Evidence pending hearing (filed by the State of Idaho on 7/3/23 and 7/5/23) and the two orders granting them. We address concerns about the complete secrecy of the case and the extraordinary numbers of documents and things that have been excluded from the public domain dating back to the investigatory stage pre-arrest of Mr. Kohbe...

In Episode 115, we evaluate a June 30, 2023 Order compelling the State of Idaho to turn over records of three law enforcement officers, none of whom are named, sought in Request for Production 160. We learn that one of these officers interviewed witnesses at the scene of the crime at 1122 King Road. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicat...

In Episode 114, we discuss the "Revised Amended Non-Dissemination Order" which was entered on 6/23/23 and is directed toward attorneys involved in the case. 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

In Episode 113, we address the 6/23/23 order denying in part and granting in part the Goncalves family motion by and through their counsel Shannon Gray and Mr. Gray's own motion seeking relief from the non-dissemination order. The Court makes it clear that this non-dissemination order is not directed toward the Gonclaves family, but that does bind Mr. Gray. The Court clarifies as he announced...

In Episode 112, we address the 29 page 6/23/23 order denying the Intervenors motion to set aside the non-dissemination (a/k/a "gag") Order. We learn the Court makes it clear the non-dissemination order is not a "gag" order, that it was put in place to protect Mr. Kohberger's Sixth Amendment privilege and, that it does not offend the First Amendment. The Court however found...

In Episode 111, we evaluate the 6/23/23 Order granting the defense's motion for the court to take judicial notice of (negative) press concerning Mr. Kohberger. Here, we express opinions of our continued concerns of the secrecy of the case, as this order states the motion was granted based on findings of fact made on the record at a 6/9/23 hearing where no minutes or other details of such a hea...

In Episode 110, we evaluate the 6/23/23 Order granting the Intervenors' (a/k/a the media coalition) 5/1/23 motion to intervene in this case for limited purposes. 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

In Episode 109, we discuss the court's 6/23/23 order reserving ruling on the matter of whether or not cameras should be permitted in the courtroom. The court provides his reasons why further time is required to consider this matter and provides clues as to when a ruling may be entered. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty...

In Episode 108, we analyze two filings of 6/23/23 that pertain to the defense's pending third motion to compel discovery. The first item is defense's motion to shorten the time to set that motion compelling discovery for hearing and the second advises us how the court ruled on that motion. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated...

In Episode 107, we analyze the 6/22/23 defense's response to state's motion for protective order to defense's discovery request concerning DNA, IGG and other related evidence. Several pieces of information the public was not privy to before this filing such as there is no explanation from the state why they found none of the four victims DNA were found in Mr. Kohberger's car, home,...

In Episode 106, we address the 6/22/23 sworn declaration of expert defense witness Stephen B. Mercer, Esq. to provide opinions on what a reasonably competent criminal defense attorney to investigate and defend in a case involving DNA evidence. Mr. Mercer states his area of experience includes Investigative Genetic Genealogy (IGG) testing. This is the second of two expert declarations offered on 6/...

In Episode 105, we address the 6/22/23 sworn declaration of expert defense witness Bicka Barlow, Esq. We learn here that she has been retained in the capacity as DNA consultant in this case and provides her skills, knowledge, and experience in the field. This is the first of two expert declarations offered on 6/22/23 in support of the defense's third motion to compel discovery. Mr. Kohberger i...

In Episode 104, we discuss defense counsel Anne Taylor's 6/22/23 sworn declaration provided under penalty of perjury to the landmark third motion to compel dated 6/22/23. We learn further information here into the construction of Mr. Kohberger's defense as Ms. Taylor addresses actions taken by the state in its investigation to the crimes at 1122 King Road in arriving at Mr. Kohberger as th...

In Episode 103, we discuss a landmark filing dated 6/22/23 entitled Defendant's Third Motion to Compel Discovery. We learn here through this filing for the first time unreacted requests for discovery related to DNA and scientific testing, including standard lab testing performed on three unidentified male profiles excluding Mr. Kohberger. Here, we also learn for the first time Mr. Kohberger re...

In Episode 102, we discuss two filings of 6/16/23. The first is the defense's 4th supplemental request for discovery pursuant to "Exhibit C" which is not attached to this discovery request. The second is an order granting this relief based on a Stipulation entered by the parties which is not on the public docket, even in a redacted form. Opinions are related regarding the extreme sec...