Kathy's InDieZoNe

In Episode 324, we return to the October 9, 2024 pretrial order to note the deadlines to file any outstanding motions to compel and I.C.R. 12 motions including motions to suppress evidence, such as the knife sheath, IGG, etc., and to compel discovery are due November 14, 2024. We discuss other deadlines associated to these matters and oral argument on these matters on January 23-24, 2025. Mr. Kohb...

In Episode 323, we address the court's (second) order authorizing the defense to file documents under seal regarding the October 8, 2024 closed hearing concerning the renewal of defense counsel's contract to represent Mr. Kohberger. 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'...

In Episode 322, we address the Defense's motion for permission to file exhibits under seal for the hearing on November 7, 2024. We note that there was not one hearing, but multiple hearings that day, and that this motion does not specify which hearing or hearings the motion is applicable to. We also express our continuing concerns over the enormous amount of documents that continue to be withheld...

In Episode 321, we discuss the Defense's Motions for Permission to File Under Seal Documents Related to the Closed Hearing Held on October 8, 2024 on the grounds of privacy and a right to a fair trial. We provide our concerns regarding this document and the large amount of items that remain under seal in this case nearly two years after the crimes at 1122 King Road occurred. Mr. Kohberger is presu...

In Episode 320, we address Judge Hippler's November 6, 2024 Order communicating in advance the order of multiple hearings set for oral argument and time limitation per matter for multiple November 7, 2024 hearings. We give our opinion here why this was an excellent manner to maintain court control and ensure due process at oral argument on motions, responses, and replies filed in Sept.-Oct. 2024 M...

In Episode 319, we evaluate the Defense's 18th Supplemental Request for Discovery filed on October 31, 2024 with items requested described in an attachment which is not published. We address what a "supplemental" discovery request means, discuss the prior discovery requests, and concerns about the continuing "secrecy" of the case. Mr. Kohberger is presumed innocent of these crimes until or unless...

In Episode 318, we evaluate the defense's October 24, 2024 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Vagueness in Balancing Aggravators and Mitigation filed with Court by the defense on September 5, 2024 due to a scrivener's error. The defense makes clear they are only seeking to amend the caption of the filing while standing by all content included therein....

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...