Kathy's InDieZoNe

In Episode 513, we address the Defense's Response in Opposition to the State's Motion in Limine seeking to have the 911 call placed from 1122 King Road on November 13, 2022 and State's submitted transcript of the same thrown out of the case as inadmissible hearsay. Defense points out neither meets the "excited utterance" or "present sense impression" exceptions to i...

In Episode 512, we explain why the public should expect another major document drop to that which occurred this week concerning Responses to the crucial Motions in Limine where multiple new facts were released by each side. We explain why the October 9, 2024 Trial Order suggesting the March 17, 2024 Responses were Replies (last filing in the motions in limine briefing schedule) due to a subsequent...

In Episode 511, we review the State's Response in Opposition to the Defense's Motion in Limine # 7: Witness Identification by Bushy Eyebrows. In it the State releases new details never before released to the public including at Pg. 17. Here, the State alleges a photo depicted here to be a "selfie" of Mr. Kohberger taken hours after the crimes on November 13, 2022 of him in front...

In Episode 510, we review information disclosed by the State of Idaho in their March 17, 2025 Response in Opposition to Defendant's Motion in Limine # 9 RE: Excluding Amazon Click Activity dated February 24, 2025. An exhibit to this filing is a copy of the warrant served upon Amazon. On Page 4, it is disclosed a return of a warrant from Amazon reveals that Mr. Kohberger purchases a K-Bar, a Sh...

In Episode 509, we address the Defense's March 17, 2025 Response in Opposition to the State's Motion in Limine seeking to prevent anyone but Mr. Kohberger from testifying in support of his alibi defense. Here, the Defense asserts Mr. Kohberger has met his obligations for a partial alibi corroboration defense utilizing expert witness Sy Ray to assist in this regard and that the jury should...

In Episode 508, we opine as to whether the Defense was/is seeking to have Sy Ray provide proposed testimony in defending against the State of Idaho's Motion in Limine Seeking to Prohibit Mr. Kohberger From Producing Evidence at Trial RE: any alibi defense unless it comes from Mr. Kohberger himself. The State's In Limine Motion was filed February 21, 2025 and is available on the public dock...

In Episode 507, we respond to a listener question regarding the name of one of the Defense's two proposed expert witnesses named in Judge Steven J. Hippler's March 18, 2025 Court Order. This Order pertains to the upcoming April 9-10, 2025 oral argument on the Motions in Limine. To view this Order and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https:/...

In Episode 505, we note that the Case Summary Page reflects the fact that the Defense on March 17, 2025 filed an early Reply to the State's early Response to the Defense's Motion in Limine focused on IGG/DNA evidence concerning testing on the sheath. This filing appears to have been filed as a public record but it has not yet been released (as of the early morning of March 19, 2025) to the...

In Episode 505, we note that the Case Summary Page reflects that multiple items dated March 17, 2025 were docketed by the Clerk of Court in Idaho v. Kohberger regarding the parties' Responses and Objections to Motion in Limine. While some of these items appear to have been filed under seal, multiple others appear to be public documents none of which however have been released to the public as...

In Episode 504, we review a court order rendered by Judge Hippler on March 18, 2025 denying the Defense's Motion for Leave to Have Witnesses Testify at the Upcoming Motions for in Limine Hearings but directs Defense to have them ready to testify virtually if the Court finds their Testimony is Necessary while also appearing to confirm the hearings will occur on April 9 and 10, 2025. To view the...

In Episode 503, we discuss the matter of the outstanding responses to the parties' various motions in limine which were due March 17, 2025 by operation of Judge Hippler's January 31, 2025 court order. To view the Case Summary Page maintained by the Clerk of Court and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠⁠ ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://coi.isc.idaho.gov/⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Everythi...

In Episode 502, we address a listener's two-part question regarding the upcoming hearing on jury questionnaires and objections thereto set by Judge Hippler's redacted pretrial and trial order of October 9, 2024. Here we clarify the specific part of that order which is "redacted" that directly relates to the jury questionnaires and also whether the April 16, 2025 hearing on jury q...

In Episode 501 of this continuing podcast series covering the Idaho v. Kohberger proceedings, we note that the week of March 17-24, 2025 is a critically important 7-day period due to multiple crucial deadlines imposed by two of Judge Hippler's court orders. We address all that is at stake regarding these court-ordered deadlines as matters proceed towards trial. To view the Case Summary Page and ot...

In Episode 500, we address a notation on the Ada County Clerk of Court's Case Summary Page - documenting key events in the case including those matters that are under seal - which suggests that Mr. Kohberger was served with the second amended no contact order rendered by Judge Hippler in this case. To view the Case Summary Page and other documents from the Idaho v. Kohberger case file, go here...

In Episode 499, we analyze the Defense's Feb. 24, 2025 Motion in Limine #13 which was recently released to the public after a period of its being under seal. In this motion, the defense seeks to have any reference by the State of Idaho of Mr. Kohberger's now disclosed condition of autism used as an aggravating factor at trial. To view this motion and other documents from the Idaho v. Kohbe...

In Episode 498, we review the Defense's Feb. 24, 2025 Motion in Limine #9 which was recently released to the public after a period of its being under seal. This motion seeks the entry of a court order seeking to prevent the State of Idaho from introducing evidence at trial of such matters as Mr. Kohberger's Amazon purchases and "click" history on various grounds. To view this mot...

In Episode 497, we address the Defense's Motion in Limine # 6 entitled "RE: Rylene Nowlin and reference to "touch" and "contact" DNA. The Defense appears to makes an argument that opinions concerning "touch" or "contact" DNA or "how DNA ends up on an item" are "junk science" and must be excluded from the trial. To view this motio...

In Episode 496, we review the Defense's February 24, 2025 Motion in Limine # 5 (Inconclusive Data) regarding DNA testing of fingernail samples. The public learns here for the first time of details of testimony and evidence presented at the May 2023 Grand Jury Proceedings which led to the return of an indictment of the five (5) first degree felonies Mr. Kohberger has been charged with and for w...

In Episode 495, we note that two of the Defense's February 24, 2025 Motions in Limine (#3 and #4) seek to prevent the use of certain words to be spoken in front of the jury at the trial of this matter which is currently scheduled to occur during the Summer of 2025. Here we proffer the opinion and asks the rhetorical question "do names really hurt" in a criminal capital case such as I...

In Episode 494, we discuss the Defense's second motion in limine (following in limine motion #3) addressing the use of language the Defense asserts is prejudicial and violative of Mr. Kohberger's constitutional privileges. Here, Defense refers to the use of two terms as "name calling" and an improper "diagnosis" and which is supported by the Affidavit of a Dr. John Eden...

In Episode 493, we address the Defense's Motion in Limine #3 filed February 24, 2025 which addresses concerns with use of possible language by the prosecutor, law enforcement, State expert witnesses and the medical examiner. Said language per the Defense would invade the jury's role as trier of fact by presuming or inferring the presumption of facts not yet determined, prejudice Mr. Kohberger, and...

In Episode 492, we note that with this Response submitted March 10, 2025, the State of Idaho has now filed two (2) responses to the defense's Motions in Limine a full week before their March 17, 2025 court-ordered due dates. Here, the State addresses allegations raised in the Defense's in limine motion #8 proffering concerns that the State may be seeking to introduce improper character evi...

In Episode 491, we do a deep dive into the State's March 10, 2025 Response to the Defense's Feb. 24, 2025 in limine motion seeking to exclude IGG DNA evidence - the latter of which was the subject of Episode 490 of this continuing podcast series. We note here that the State is agreeing with Defense in part to the extent that this evidence is properly excluded from trial. However, the State...

In Episode 490, we do a deep dive into the Defense's February 24, 2025 in limine motion seeking to exclude IGG DNA evidence. We note here that the Defense is seeking the same remedy as they did on their Motion to Suppress IGG and in their Motion for a Franks hearing which were both denied raising different constitutional grounds than in their suppression motion. They are also asserting the Sta...

In Episode 489, we address listener questions regarding the July 30, 2025 at 9:00 am "voir dire" (process of jury selection and whether such proceedings are open or closed to the public. We discuss a case called Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) where the United States Supreme Court explains that voir dire should be open to the public with very narrow exceptions...