Kathy's InDieZoNe

In Episode 317, we review the in our opinion "too brief" Defense Reply to State's Objection to Defendant's Motion to Strike the Death Penalty on Grounds of State Speedy trial preventing Effective Assistance of Counsel. This Reply addresses two critical constitutional guarantees but does not - in our opinion - include enough specific citations to law, or to Defense's original motion and the State's...

In Episode 316, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response objecting to the Defense's motion to trifurcate the proceedings, which defense notes here Mr. Kohberger's counsel Mr. Logsdon took part in trifurcation of a prior Idaho case and it is not difficult to do. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudica...

In Episode 315, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response to State's Objection to Defendant's motion to strike the utter disregard (for human life) aggravator. Defense cites to a 1981 Idaho Supreme Court ruling and argues that the Court changed the aggravator and changed it, asserting the Court "stopped itself" from having to hold the aggravator unconstitutio...

In Episode 314, we address the Defense's October 24, 2024 Reply to the State of Idaho's Reply to State's Objection to Defendant's motion to strike HAC (heinous, atrocious, cruel) aggravator. Here, the Defense argues the HAC aggravator was not passed by the Idaho legislature but that the courts have usurped their authority by enacting law and asserts "Mr. Kohberger cannot be put to death on the gro...

In Episode 313, we discuss the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Reply to State's Notice of Intent to seek death penalty on grounds of contemporary standards of decency. Defense provides evidence of evolving standards of society across the country and that Idaho has not put anyone to death in many years, which should be taken into account and strike...

In Episode 312, we review the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Motion to Strike Multiple Victims Aggravatos. Here, the Defense charges the State of ignoring his argument the multiple victims aggravator is unconstitutional and has set up a a "strawman argument," thus there is nothing Defense can Reply to. Mr. Kohberger is presumed innocent of these c...

In Episode 311, we discuss the defense's October 24, 2024 Reply to the State of Idaho's Response objecting to Mr. Kohberger's motion to strike Idaho's death penalty scheme on the grounds that it violates international law, and specifically international treaties the U.S. government and therefore the State of Idaho is bound to. Mr. Kohberger is presumed innocent of these crimes until or unless he p...

In Episode 310, we discuss the defense's October 24, 2024 Reply to the State's Objection to Defendant's Motion regarding non statutory aggravator evidence. We note here that Defense is raising "notice" which is part of Mr. Kohberger's due process privileges here and asserts the State has incorrectly applied the State's reliance on a 1983 Idaho Supreme Court case in its objection. Mr. Kohberger is...

In Episode 309, we discuss the Defense's October 24, 2024 reply to the State's Objection to Dr. Wolf's appearance as an expert witness at Defense's oral argument on their motion to strike the death penalty, currently scheduled to occur on November 7, 2024. 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 d...

In Episode 308, we discuss the Defense's Oct. 24, 2024 Reply to the State's Objection to Professor Cover's appearance as an expert witness at Defense's oral argument on their motion to strike the death penalty. We note here that Professor Cover is a law professor at the University of Idaho, which where the Madison Megan Kaylee Goncalves, Ethan Chapin and Xana Kernodle attended classes at the time...

In Episode 307, we provide an opinion pursuant to the First Amendment to the United States Constitution (Freedom of Speech and the Press) with respect to the Order rendered by the Court deeming that the Defense's Motion regarding Voir Dire procedures be withheld from the public on the grounds of privacy (of unnamed individuals). Mr. Kohberger is presumed innocent of these crimes until or unless he...

In Episode 306, we review the State's October 17, 2024 Response raising no objection to Dr. Wolf's testifying remotely as requested by Defense. However, the State reminds the Court they have a pending objection to Dr. Wolf's being permitted to testify as an expert witness at the November 7, 2024 oral arguments on defense's various motion to strike death penalty notice. We also note that Judge Hipp...

In Episode 305, we review the defense's Motion for Order Permitting Remote Participation for Defense Witness (Dr. Barbara Wolf) at an extremely important hearing virtually rather than in person: The November 7, 2024 hearing on defense's September 5, 2024 motions to strike the death penalty notice. We note that the State has an objection to Dr. Wolf's testifying at hearing which has not yet been ru...

In Episode 304, we review Judge Hippler's October 11, 2024 order outlining how the public may obtain public records, or request audio recordings from prior hearings including those conducted in Latah County and how to request sealed records. 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 t...

In Episode 303, we evaluated the State's October 10, 2024 "Amended Certificate of Delivery" certifying all of the State's October 9, 2024 filings responding to the Defense's September 5, 2024 motions and filings objecting to the possible imposition of the death penalty were served on one defense counsel - Anne Taylor, Esq. This amended document now certifies that on October 10, 2024 said documents...

In Episode 302, we discuss the State of Idaho's 10/9/24 Objection to Defendant's 9/5/24 Motion Regarding NonStatutory Aggravating Evidence - as to objecting to the imposition of the death penalty as a possible sentence. We address the fact that defense raises lack of "notice" in violation of due process, which Mr. Kohberger has done in the past including when he infamously alleged Judge John Judge...

In Episode 301, we discuss the State of Idaho's 10/9/24 Objection to Defendant's 9/5/24 Motion to Trifurcate Proceedings and Apply Rules of Evidence during Eligibility Phase. Here, the State asserts that Idaho law allows for two proceedings within the case, the culpability (or case-in-chief) and then if found guilty, a sentencing phase not three as defense asserts (culpability, eligibility, and se...

In Episode 300, we address the State of Idaho's 10/9/24 Response to defendant's Motion to Strike Felony Murder Aggravator on the grounds that the issue is "moot." Here we note the State indicates that per an Amended Notice to amend the Death Penalty Notice, also filed 10/9/24, "the State will no longer be pursuing the felony murder aggravator." Mr. Kohberger is presumed innocent of these crimes un...

In Episode 299, we discuss the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike Notice of Intent to Seek Death Penalty on grounds of international law, filed by defense on 9/5/24. Here, the State urges the court to disregard this "novel" argument and do as a sister Idaho district court did in rejecting a similar motion: State v. Richard Ross. Mr. Kohberger is presumed innocent of...

In Episode 298, we review the State's 10/09/24 objection to the Defense's 9/5/24 motion to strike the "HAC" (Heinous, Atrocious and Cruel) statutory aggravator as sought by State in notifying defense it would seek the death penalty if Mr. Kohberger is adjudicated guilty. The state law takes the position that the constitutionality of the HAC aggravator has been upheld. Mr. Kohberger is presumed inn...

In Episode 297, we evaluate the State of Idaho's 10/9/24 State's objection to Defense's (9/5/24) motion to strike multiple victim's aggravator as to the State's 2023 Notice of intention to seek death penalty if Mr. Kohberger is adjudicated guilty. The State here alleges the Defense's motion should be denied because it does not cite any binding legal authority to strike the multiple victims aggrava...

In Episode 296, we evaluate the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike the Future Dangerousness Aggravator. Here, the State claims the defense has conceded "from the outset" that his (9/5/24) Motion to Strike the Future Dangerous Aggravator (aka the propensity aggravator) flies in the face of state and federal precedent and therefore is properly denied. Mr. Kohberger is...

In Episode 295, we address the State's 10/09/24 Objection to Defendant's Motion to Strike the death Penalty on Grounds of State Speedy Trial Preventing Effective Assistance of Counsel, responding to defense's filing of 9/5/24. We discuss what the legal concept of "speedy trial" means. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a...

In Episode 294, we address the State's 10/9/24 Opposition to Defendant's 9/5/24 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Contemporary Standards of Decency. We discuss that there has been an amendment to the original notice of seeking DP which the State has not noted here, which the defense's 9/5/24 motion was based on and whether the defense will raise this...

In Episode 293, we review the State's Objection to the defense's submission of Dr. Barbara Wolf, a board certified pathologist from proffering expert testimony in this case in defense's quest to strike the notice of seeking death penalty. The State argues that the proffering of Dr. Wolf does not satisfy the Idaho rules of evidence for experts, will not provide testimony that is helpful to the trie...