Kathy's InDieZoNe

In Episode 267, we address the second of the defense's multiple filings of September 5, 2024 challenging the State of Idaho's Notice to Seek the Death Penalty (in the event Mr. Kohberger is adjudicated guilty we stress here he is presumed innocent at this stage of the proceedings). This document entitled "Motion to Strike State's Notice of Intent to Seek Death Penalty on Grounds o...

In Episode 266, we address defense's Motion to Strike the Death Penalty on Grounds of State Speedy Trial Preventing Effective Assistance of Counsel. Here, the defense stresses the point that because Mr. Kohberger was arraigned on an indictment returned by a Grand Jury (on May 16, 2023) that he should have been brought to trial within six months but it was not possible for him to have received...

In Episode 265, we evaluate the first of a series of defense filings of 9/5/24 in compliance with the court's 6/27/24 order setting that date as the deadline for the defense to file any challenges to the death penalty which the State of Idaho previously gave notice it seeks in this case. Here, the defense has disclosed two experts, Barbara C. Wolfe, M.D. and Aliza Plener Cover of the Idaho Col...

In Episode 264, we review the State of Idaho's response and supplemental responses to the Defendant's request for discovery where the State is providing supplemental requests 1-16 and attaches Exhibits A-O thereto regarding the same.. Also attached is Exhibit P responsive to supplemental discovery request 17. All exhibits per this document are filed under seal with the Court. Because of th...

In Episode 262, we address the State of Idaho's 8/23/24 notice on state's objection to defense's motion to change venue. Here, the State formally provides notice that portions of the state previously incorrectly indicates it was not provide comprehensive survey data from defendant. The State describes what it received from the defense and when. Mr. Kohberger is presumed innocent of the...

In Episode 261, we discuss the defense 8/19/24 reply to the State of Idaho's response opposing Mr. Kohberger's motion for change of venue pointing out that the State failed to rebut the defense's experts with a single expert of its own and therefore the defense's evidence is unrelated in this regard. The defense also points out various troubling statements to the defense's surv...

In Episode 260, we discuss the State of Idaho's 8/19/24 response to the defense's 16th supplemental discovery request which includes the notation at page 1 that "The State intends to supplement this response prior to the September 6, 2024, discovery deadline." We also note here that the referenced "Exhibit I" responding to defense's 16th supplemental discovery reque...

In Episode 259, we discuss the defense's 8/19/24 Notice of filing of additional exhibits for 8/29/24 change of venue hearing. We note here that these additional exhibits were filed almost one month past the 7/22/24 deadline as agreed to by the parties in a 5/31/24 stipulation and order of 5/31/24 setting a schedule for deadlines for submissions by both sides prior to the change of venue hearin...

In Episode 258, we address the State of Idaho's 8/12/24 opposition to the defense's motion for change of venue. We note here that while the State takes issue with findings made by the defense's expert witnesses, the State has offered up no rebuttal experts in support of their position that less extreme measures than changing venue to ensure Mr. Kohberger's rights to a fair and impa...

In Episode 257, we discuss the defense's 16th supplemental discovery request seeking evidence from the State of Idaho described in Exhibit O, which defense says has been filed under seal and therefore is withheld from the public docket. We note here that all discovery requests and responses have been contemporaneously filed under seal at the time of filing, thereby providing no details to the...

In Episode 256, we review the 7/24/24 order granting the 7/23/24 stipulation entered into by the parties. We provide an opinion that it makes little sense that the danger to individuals set forth in the Stipulation as good cause to temporarily seal documents would suddenly "disappear" on 8/29/24 when defense states in the stipulation these same records will be used in open court at the h...

In Episode 255, we address the 7/23/24 Stipulated Motion to temporarily seal documents which the defense states it will use in open court at the 8/29/24 hearing on the motion for change of venue, signed by Ingrid Batey, Idaho Special Assistant Attorney General and Anne Taylor. One of the reasons to temporarily seal these records from disclosure to the public for more than one month because "....

In Episode 254, we discuss perhaps the longest filing on the public docket, the 7/22/24 300+ page memorandum in support of the defense's 1/30/24 motion for change of venue. This document accompanies a second defense filing of 7/22/24 the defendant's disclosures of exhibits and witness list seeking the venue for trial to be changed from Latah County to another county in Idaho. In Episode 25...

In Episode 253, we evaluate the defense's 7/22/24 disclosures (witnesses and exhibits) with respect to the Change of Venue motion which was set to be entertained 8/29/24. We review the constitutionally-based reasons why Mr. Kohberger filed his 1/30/24 motion and seeks to change the trial for venue from Latah County to another county in Idaho. Mr. Kohberger is presumed innocent of these crimes...

In Episode 252, we address the Court's 6/7/24 second amended order granting the defense's motion to disclose IGG/DNA materials obtained in discovery following the 10/25/23 granting of the defense's motion to compel with protection order to defense investigators. The Court's order makes it crystal-clear no one other than the individuals now also authorized as the defense requested,...

In Episode 251, we discuss the Court's scheduling order directing that the jury trial in this case and all pre-trial matters with deadlines such as for discovery cut-off and any motions in limine. According to this Order, the jury trial will commence on 6/2/25 and run through 8/29/25. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty i...

In Episode 250, we address the stipulated motion and order resetting the June 27, 2024 hearing on the defense's Motion for Change of Venue to August 29, 2024. The reason for requesting adjournment of the hearing is that defense expert Dr. Bryan Edelman required six weeks to complete his survey process (which had been temporarily halted by entry of the Court's March 22, 2024 order), to eval...

In Episode 249, we evaluate the State of Idaho's 5/28/24 motion to temporarily seal the State of Idaho's for a temporary order sealing and the 5/28/24 order granting this relief. Here, we note the State has once again raised the five mis-numbered reasons to seal this information from the public arena, and the Court has once again has not noted the same. Mr. Kohberger is presumed innocent o...

In Episode 248, we discuss the Court's 5/14/24 Order vacating and re-scheduling hearing dates and opening some hearings to the public. We address the multiple issues addressed in this order, including that a hearing previously set to be closed on defense's discovery motion concerning requesting further IGG information will now be open to the public. Mr. Kohberger is presumed innocent of th...

In Episode 247, we evaluate the defense's 5/10/24 Response to State's motion to limit testimony (described in Episode 246) and disputing State's position that the affidavit of probable cause is "irrelevant at this stage." Here defense asserts Mr. Kohberger should not be prevented from seeking discovery as to this matter and that the returning of an indictment does not prohibi...

In Episode 246, we address the State of Idaho's filings of 5/10/24: Two supplemental responses to discovery with exhibits attached that are not on the public docket and a third filing entitled motion to temporarily seal supplemental responses to defendant's motions discovery and a motion to limit scope of testimony. We note that the five mis-numbered reasons for good cause are given (again...

In Episode 245, we evaluate the 5/9/24 Order granting the stipulated motion of 5/7/24 to allow defense witnesses Dr. Leah Larkin and Bicka Barlow, Esq. to be permitted to testify at the upcoming hearing on the 4th-5th motions to compel. 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 Co...

In Episode 244, we evaluate the 5/9/24 Order granting the stipulated motion of 5/7/24 to seal the defense's witness and exhibit list to its 4th-5th motion to compel, which is pending hearing. 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's file, please go here: https://c...

In Episode 243, we evaluate the defense's 5/7/24 stipulated motion to seal more documents and information citing as good cause because "the documents contain facts or statements that might threaten or endanger the life or safety of individuals..." Opinions are provided that in light of the Senior Deputy Prosecuting Attorney for the State's proffering no objection, how would the l...

In Episode 242, we discuss the Court's 5/2/24 Order setting disclosure deadlines from both sides to exchange documents and information regarding the upcoming hearings on the defense's 4th and 5th motions to compel which include additional IGG DNA information the defense is seeking. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty...