Kathy's InDieZoNe

In Episode 366, we discuss the fact that the Case Summary Page maintained by the Clerk of Court of Ada County, Idaho reveals a 2nd subpoena noted as a public document was issued on January 3, 2025 (following the first issued on Dec. 26, 2024) to an unknown party. We note that while a later document dated January 6, 2025 has been published on the docket, this earlier January 3, 2025 subpoena has no...

In Episode 365, we address Judge Hippler's January 6, 2025 court order granting the parties (State and Defense) Stipulated to Motion to file the Defense's Replies (1) to State's Opposition to Motion for Franks hearing and (2) to State's Opposition to Defense's Motion to Suppress IGG evidence. The hearings on Defense's Motion to Suppress are set to occur on Jan 23-24, 2025. No ruling has been made...

In Episode 364, we discuss Judge Stephen Hippler's January 6, 2025 scheduling order relative to the upcoming January 23-24, 2025 hearings on defense I.C.R. 12 (Motions to Suppress). Here, we note the court is ordering both sides to produce exhibits, witnesses and expert witnesses (if any) per a schedule set forth in this order. In Episode 362, we provide an update on the status of the case. Such m...

In Episode 363, we discuss Judge Hippler's January 6, 2025 order regarding the State's Dec. 18, 2024 motion to extend no contact orders. We also discuss the fact the Court agrees this information is properly sealed based on legal authority cited to in this January 6, 2025 order. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court...

In Episode 362, we provide an update on the status of the case. Such matters as the rapidly approaching hearings on the Motions to Suppress (evidence) are addressed with an explanation of why the same are so critical and the relationship to the State of Idaho's burden of providing guilt beyond a reasonable doubt evidentiary standard. Mr. Kohberger is presumed innocent of these crimes until or unle...

In Episode 361, we address the State of Idaho's 20th Supplemental Request for Discovery filed on Dec. 20, 2024. We note here that State refers to an under seal document "Exhibit S-1" where the responses are and also refers to all prior responses to discovery filed by them as if fully incorporated therein. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adj...

In Episode 360, we note that the Case Summary Page maintained by the Clerk of Court reflects that the State of Idaho filed an objection to the Defense's Motion to Compel and for Sanctions which alleged the State failed to provide expert disclosures in the manner required by Judge Hippler's Oct. 9, 2024 pretrial/trial order. We discuss the fact that this filing has not yet hit the public docket, th...

In Episode 359, we address the Defense's 21st Supplemental Request for Discovery submitted approximately 2 weeks prior to the Jan. 9, 2025 discovery cut-off date established by Judge Hippler's Oct. 9, 2024 pretrial/trial order. We note that as with all prior discovery requests, the specific evidence defense is seeking from the State of Idaho is described in an attached exhibit filed under seal and...

In Episode 358, we address the Defense's Dec. 19, 2024 Replies in Response to State's Opposition to 5 separate Motions to Suppress (Evidence). We note that these filings concern matters in three separate jurisdictions: Idaho, Washington and Pennsylvania - and explain why. 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 357, we address the Dec. 19, 2024 "Stipulation" between the parties to seal Defense's Replies to the State of Idaho's Objections/Responses to (sealed) Amended Motion and to Motion to Suppress IGG evidence. We note that this appears to be filed by defense with "no objection" from State and describe the differences between this type of submission and a stipulation. Mr. Kohberger is presum...

In Episode 356. we address what appears to be a defense Dec. 27, 2024 motion to compel and for sanctions concerning expert witness disclosures listed on the Case Summary Page without stating which side filed the same. However, in reviewing the October 9, 2024 pretrial/trial order we can make a strong educated guess that this is a defense motion. We also observe that a 21st supplemental discovery r...

In Episode 355 we address the Subpoena Duces Tecum issued on December 26, 2024 by one of the parties as listed on the Case Summary Page as maintained by the Ada County Clerk of Court in the "Idaho4" case. Amongst other matters, we discuss what is known at this time as the Subpoena Duces Tecum has not yet been published on the public docket and where you can find the Case Summary Page. Mr. Kohberge...

Here we address misinformation that the start of the jury trial in Idaho v. Kohberger is August 11, 2025 when the correct start of the jury trial is July 30, 2025. We cite to Judge Hippler's October 9, 2024 order entitled "Redacted Order Governing Further Criminal Proceedings and Notice of Trial Setting" to establish the start of the Idaho4 trial is July 30, 2025. Mr. Kohberger is presumed innocen...

In Episode 352, we discuss the State of Idaho's December 18, 2024 supplemental response to defense's supplemental request for discovery regarding expert testimony and request that these responses remain out of the public domain under seal. We note that again the State has provided the same five (5) misnomered reasons why this information should be filed under seal. Mr. Kohberger is presumed innoce...

In Episode 352, we discuss what appears to be the rather unique Defense 20th Supplemental Request for Discovery served upon the State of Idaho on December 13, 2024 but which was not released to the public on the docket for 8 days. We note two items not seen in the Defense's 21 prior discovery requests served by Mr. Kohberger in this case which was filed conventionally and includes a request for an...

In Episode 351, we discuss one of two documents filed on Dec. 18, 2024 by the State of Idaho: A stipulation to extend no-contact orders, which is not under seal, as well as the motion and proposed orders referencing various parties by initials who are to be the recipients of these extended no-contact orders. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is...

In Episode 350, 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 exhibits to State's Response Opposing the Defense Motion to Suppress and Memorandum in Support RE: Search Warrant for Defendant Mr. Kohberger's Ap...

In Episode 349, 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 exhibits to State's Response Opposing the Defense Motion to Suppress Federal Grand Jury Subpoenas and Warrants issued to Amazon on April 26 and Ma...

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...