Kathy's InDieZoNe

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...

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...