Kathy's InDieZoNe

In Episode 292, we address the State of Idaho's 10/9/24 Objection of Expert Testimony from (University of Idaho Professor) Aliza P. Cover on the grounds that Professor Cover's testimony would not be helpful and that it is well-established that conclusions of law from an expert witness is generally excluded. The State addresses the law review article written by Professor Cover described in her expe...

Disclaimer: Please review Episode 290 before listening to this directly related Episode 291. Here, we address the State of Idaho's October 9, 2024 Amended (death penalty) Notice Pursuant to Idaho Code Section 18-4004A. We review the remaining four statutory sections the State claims remain following the withdrawal of the fifth of the extenuating circumstances to seek the DP. Also discussed are the...

In Episode 290, we address the State of Idaho's October 9, 2024 Motion for Leave to Amend (death penalty) Notice Pursuant to Idaho Code Section 18-4004A, which essentially seeks to correct the State's filing of June 26, 2023 notifying the defense it would seek this ultimate penalty if Mr. Kohberger were adjudicated guilty in the case-in-chief. Here, we address the fact that the State is now withdr...

In Episode 289, we address the 10/8/24 "Request for Appointment and Transfer of Case" which appeared on the public docket 10/9/24. This is actually an order signed by Judge Hippler which gave notice to the public of a sealed separate civil case bearing Case No. CV-29-23-28 in Lath County and asks the Idaho Supreme Court to transfer that civil case to Ada County. We provide opinions per the First A...

In Episode 288, we address what we find to be a confusing 10/9/24 amended trial order called "Redacted Order Governing Further Criminal Proceedings and Notice of Trial Setting" vacating the prior 6/27/24 trial order entered by Judge John Judge. There is no clarification for instance explaining the date when jury questionnaires will be administered to the jury pool is "REDACTED" per this Order. Mr....

In Episode 287, we address three items published on the docket on 10/8/24 related to the closed sealed hearing that date regarding Mr. Kohberger's continued representation. The first two are filings submitted by defense seeking permission to file documents under seal related to defense counsel's contract to protect confidential matters and the right to a fair trial; The third is an order granting...

In Episode 286, we address the Court's 10/02/24 order entitled "Order Regarding Representation Status and Setting Hearing" addressing the representation status of defense counsel. As the Order begins by stating "By this Order, the Court directs that current defense counsel, Anne Taylor, Elisa Massoth and Jay Logsdon, shall remain as counsel of record of Defendant unless they are relieved by a subs...

In Episode 285, we discuss what we can expect to see appearing next on the court docket, which we feel will be the order resetting the June 27, 2024 scheduling order setting all pre-trial matters and trial to occur commencing June 2, 2025. We address this prior scheduling order and discuss what pre-trial matters occurred pursuant to that prior scheduling order and what still needs to be re-set. Mr...

In Episode 284, we discuss the 9/25/24 order authorizing Mr. Kohberger to attend the 9/26/24 hearing in street clothing as requested in the 9/20/24 defense motion. We also address the reasons why the Court only granted temporary relief as requested by the defense, and that a follow-up hearing will be conducted outside of Mr. Kohberger's presence regarding whether he would be permitted to atten...

In Episode 283, we note that on 9/24/24 Judge Hippler denied Fox-News's 9/23/24 request to record the 9/26/24 Case Management Conference where Mr. Kohberger is ordered to appear live in court - just as the Court denied KTVB-TV's, the NBC affiliate in Boise, similar request on 9/20/24 was also denied. Meantime, Mr. Kohberger's 9/20/24 motion to appear at public hearings in street clothi...

In Episode 282, recorded approximately 24 hours before Mr. Kohberger's first public hearing in Ada County on 9/26/24 that the court had not yet ruled on defense's 9/20/24 motion for Mr. Kohberger to wear street not jail clothing at all public hearings. We note that the defense's proffered U.S. Supreme Court case law standing for the proposition that jury members who see a defendant in...

In Episode 281, we discuss the defense 9/20/24 motion for an order allowing Mr. Kohberger to attend all public hearings in street rather than street clothing. The defense cites to a 1976 U.S. Supreme Court case standing for the proposition that jurors who see a defendant in jail clothing impacts the presumption of innocence and argues here that in light of changing of technology since 1976 this pr...

In Episode 280, we discuss KTVB's Request to obtain approval of the presiding judge to video/audio, record, broadcast or photograph a court proceeding and Judge Hippler's order denying the same, both of which are docketed on 9/20/24. We note here that Judge Hippler's order has continued a precedent established in Latah County by Judge John Judge directing that there was to be no other...

In Episode 279, we discuss the first order signed by Judge Steven Hippler as administrative judge for the Fourth Judicial District (not judge presiding over the case. It is an order dated 9/18/24 governing courtroom conduct, and it covers such topics as seating in the courtroom, entering and exiting the courtroom, and reporting on the case from the courthouse. Mr. Kohberger is presumed innocent of...

In Episode 278, we discuss the 9/19/24 Notice of Hearing, a status conference set for an in-person hearing mandating all parties and counsel are to be in attendance for hearing before Judge Steven Hippler. We discuss what might be discussed at the status conference, such as resetting hearing dates and the Ada County trial date for the proceeding before Judge Hippler. Mr. Kohberger is presumed inno...

In Episode 277, we discuss the 9/12/24 Supreme Court of the State of Idaho order signed by Chief Justice G. Richard Bevan entitled "IN THE MATTER OF CHANGE OF VENUE." This Order establishes such matter as that the new venue shall be as the 4th Judicial Circuit in and for Ada County, Idaho, names Judge Steven Hippler and that he cannot be disqualified without cause pursuant to Idaho Crimi...

In Episode 276, we discuss the defense's 9/6/24 court order granting the defense's 1/30/24 motion to change venue citing to state and federal legal authority including the Idaho and U.S. Constitution and that the state opposing the same beginning in early February 2024 - which the state continued to do over the next several months. We proffer the opinion that had the state not so aggressiv...

In Episode 275, we discuss the defense's 9/5/24 motion to strike the death penalty notice as to the utter disregard (for human life) aggravator. Here, the defense challenges this aggravator on the grounds of vagueness and lack of standards, citing to the Eight Amendment and Supreme Court cases interpreting these constitutional guarantees. Mr. Kohberger is presumed innocent of these crimes unti...

In Episode 274, we address the 9/5/24 motion to strike the death penalty on the grounds of contemporary standards of decency; Based on U.S. public opinion, international human rights organizations, religious organizations, and that many states lack an active death penalty and five states (including the neighboring states of Washington and Colorado) have done away with the death penalty in the last...

In Episode 273, we address the defense's September 5, 2024 motion to strike the state of Idaho's death penalty notice on the grounds of the heinous, atrocious or cruel manifesting in atrocious depravity aggravator. Here, the defense argues this aggravator is unconstitutional on various grounds, including on the basis of a lack of separation of powers. Mr. Kohberger is presumed innocent of...

In Episode 272, we evaluate the 9/5/24 defense motion to strike the defense's death penalty notice on the grounds of the multiple victims aggravator. Here the defense admits that while multiple jurisdictions such as Alabama, Texas and others is adopted as an aggravator that it in actuality fails to achieve a proper focus o the degree of the crime or crimes sufficient to warrant the imposition...

Episode 271: In this episode, we address the defense's 9/5/24 motion to strike the death penalty notice on the grounds of arbitrariness. Here, the defense argues the Idaho death penalty scheme fails to be constitutionally proper, that it is impermissibly random, and capricious in violation of the 5th, 6th, 8th and 14th Amendment to the US Constitution as well as the per Article I of the Idaho...

Episode 270: In this episode, we address the defense's 9/5/24 Motion to strike the notice of death penalty/future dangerousness aggravator, which has to do with a defendant's propensity to be a threat to society in future based on conduct exhibited before, during, or after the commission of the murder(s). As with all motions challenging the death penalty, this matter would only become of i...

In Episode 269, we review the defense's 9/5/24 Motion to Strike Felony Murder Aggravator as to the State of Idaho's Notice to seek the death penalty against Mr. Kohberger. Here, on Page 2 defense argues that the counts are in conflict and it is impossible to charge felony murder on the basis of a burglary with the intent to commit the four murders in question. Mr. Kohberger is presumed inn...

In Episode 268, we review the defense's 9/5/24 Motion to Strike the State of Idaho's Notice to impose the notice to seek the death penalty against him if he is adjudicated guilty on the grounds that it is vague and capricious. Mr. Kohberger proffered federal constitutional grounds as violative of the Eighth Amendment to the United States Constitution as made applicable to the states via th...