Kathy's InDieZoNe

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...

In Episode 488, we address the State of Idaho's (early by approximately one week) March 10, 2025 Response to the Defense's Motion in Limine challenging the State's calling of Dr. Mittleman as an expert witness. Dr. Mittleman's proposed testimony concerns one of the most hotly contested matters in the entire proceeding, relative to IGG/DNA testing. To view this document and other do...

In Episode 487, we discuss the State of Idaho's March 10, 2025 Motion seeking authority from Judge Hippler to file a Response exceeding the 15 page limit set by a local rule of court by one page. This pertains to the State's Response to the Defense Motion in Limine RE: IGG. We also note here that on March 11, 2025 Judge Hippler granted this motion authorizing the State to exceed the page l...

In Episode 486, we address the March 10, 2025 State of Idaho's Response to the Defense's March 5, 2025 Motion for Leave of Court seeking permission to file additional expert witness disclosures and asserting that the State has no objection to the Court's granting leave to the Defense. However, the State also denies the Defense's position that leave is required because the State has...

In Episode 485, we discuss a Stipulation entered between the parties and filed on February 24, 2024. Here, the parties seek the entry of an order authorizing their respective lead investigators to remain in the courtroom during the upcoming trial of this matter. To view this document and other documents from the Idaho v. Kohberger case file, go here: ⁠⁠⁠ https://coi.isc.idaho.gov/docs/Cases/... Ev...

In Episode 484, we discuss the State of Idaho's February 24, 2025 Motion in Limine seeking two rulings from Judge Hippler: (1) to define who "immediate family" members are under Idaho law and (2) for an order allowing them to remain in the courtroom, if they choose, during the trial irrespective of when they are scheduled to testify. The State has provided an exhibit to this motion i...

In Episode 483, we address the Defense's Motion in Limine moving the Court for the entry of an Order prohibiting vague or undisclosed State of Idaho experts from testifying at trial and also seeking as a sanction the striking of the DP. The Defense includes in 13 separate categories set forth in this filing the names of the State's experts ,many of which the public is only learning of for...

In Episode 482, we address the Defense's February 24, 2025 Motion in Limine seeking to preclude the State of Idaho from introducing "inflammatory" evidence at trial. Here, the Defense provides examples of what it asserts this term means. To view this document and other documents from the Idaho v. Kohberger case file, go here: https://coi.isc.idaho.gov/docs/Cases/... The IndieZoNe You...

In Episode 481, we discuss the State of Idaho's February 24, 2025 Motion in Limine seeking to have statements made during the 911 call from 1122 King Road on November 13, 2022 deemed as exceptions to the hearsay rule so as to authorize its introduction at trial as evidence. We note that the State of Idaho has indicated here the call was placed immediately after the discovery of Xana Kernodle a...

In Episode 480, we address yet another order authorizing information regarding discovery to be filed under seal. The Order in question relates to the Defense's Seventh Motion to Compel Discovery requested in the Defense's 22nd Supplemental Discovery Request and seeking authority to file "Exhibit A" (describing what discovery has allegedly been improperly withheld) under seal. The...

In Episode 479, we take a deep dive into the State of Idaho's Motion in Limine regarding text messages from November 13, 2022, concerning texts exchanged between the two surviving roommates and the State's efforts to convince the court these texts should be admitted as exceptions to the hearsay rule. The term "Xana was wearing all black" appears to be a tragic reference to clothi...

In Episode 478, we address questions received in follow-up to Episode 477 where we discussed "State's Motion in Limine RE: self-authentication of records..." We also discuss the schedule of hearings on this and all Motions in Limine as it pertains to the briefings and oral argument. The State's motion is available for your review here: https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/022425-REDAC...

In Episode 477, we address one of the State of Idaho's motions in limine filed February 24, 2025 which was initially under seal but has been released to the public. Entitled "State's Motion in Limine RE: self-authentication of records..." this filing cites to multiple titles of items the State will introduce in the case as evidence to help prove their case in chief. The State&#39...

In Episode 476 we discuss the defense's March 6, 2025 7th Motion to Compel Discovery related to the 22nd supplemental request for discovery. We address the fact that a defendant's motion to compel discovery relates to evidence a party believes is in the State's possession that has not been turned over. We also note here that the defense is seeking an hour long hearing from Judge Hipple...

In Episode 475 we address the defense's March 6, 2025 motion for leave of court o either amend their expert witness disclosures or file further motions in limine regarding the same. The defense asserts this pertains to newly disclosed expert witness information provided by the State. We note in the final paragraph of this filing that the Defense states if the Court requires a hearing on the ma...

In Episode 474, we discuss the State's motion to amend the no contact orders first issued in January 2023 to include additional parties. We note that this is the second proposed amendment to the no contact orders in this case. To review the State's motion, go here: https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/030625-Motion-Modify-No-Contact-Order.pdf The IndieZoNe YouTube channel is h...

In Episode 473, we address new defense counsel Bicka Barlow's Motion in Limine #5 RE: Inconclusive Data concerning statistical analysis of an item called "Q13.1" concerning Madison Mogan's fingernail clippings which included a mixture of contributions from three people which was "inconcusive.". We learn here that Mr. Kohberger underwent an independent evaluation and was...

In Episode 472, we review Defense's Motion in Limine #17 which was filed back on February 24, 2025, placed under temporary seal pending Judge Hippler's review and then released to the public on March 4, 2025. This in limine motion goes to a hotly contested matter regarding the witness identification of 'the intruder" by D.M. one of the surviving roommates at 1122 King Road. It pro...

In Episode 471, we discuss the fact that after more than 2 years of speculation about whether Suspect Vehicle 1 was a car seen in the infamous Linda Lane parking lot footage or seen speeding past a gas station, an official image of SV1 has been released in the Defense Motion in Limine #12 RE: Make and Model of Suspect Vehicle. An image timestamped just before the crimes occurred by a camera locate...