Kathy's InDieZoNe

In Episode 219, we discuss the second of 2 items submitted on 3/29/24 by the State of Idaho, the Declaration of William Thompson, the Latah County prosecutor, detailing events leading up to the filing of State's motion on 3/22/24 seeking the order Judge John Judge entered that day prohibiting contact with prospective jurors. In this Declaration, we learn it came to Mr. Thompson's office&#3...

In Episode 218, we evaluate one of two interrelated filings submitted by the State of Idaho the 3/29/24 in opposition to the defense's motion to rescind the 3/22/24 order prohibiting contact with prospective jurors. This first filing is a response opposing the defense's motion, arguing the order is proper, stating the defendant's due process privileges were not violated and also assert...

In Episode 217, we evaluate the 3/27/24 defense's 15th supplemental discovery request asking for items related to IGG discovery addressed in "Exhibit N." The defense states that Exhibit N, which relates to sealed IGG information (which is under a protective order forbidding release to anyone the Court has not specifically authorized) will not be attached to the filed discovery reques...

In Episode 216, we address the defense's 3/26/24 Notice of Hearing setting Mr. Kohberger's 4th motion to compel discovery for hearing before Judge John Judge. We address the fact that he is requesting an opportunity to be heard, and that due process of law pursuant to the 14th Amendment to the U.S. Constitution requires that a party be afforded notice, an opportunity to be heard and an imp...

In Episode 215, we address the defense's rather unique filing of 3/27/24. a 14th supplemental request for discovery where the evidence sought is described in "Exhibit N." A notation within the 14th supplemental discovery request states Exhibit N will be hand-delivered on 3/28/24 to opposing counsel and on 4/4/24 to Judge John Judge. Mr. Kohberger is presumed innocent until or unless...

In Episode 214, we discuss the State's 3/26/24 responses to the Defendant's 12th supplemental discovery request described in Exhibit 1 which does not appear on the public docket. We note here that the state's prior discovery responses referenced on page 2 of this 12th supplemental response were all filed under seal, thereby preventing the public from an understanding of what evidence h...

In Episode 213, we address the second of two 3/26/24 defense filings of that date, a memorandum attaching and referencing the Declaration of Dr. Bryan Edelman of his telephonic survey he was in process of conducting. Here the defense denies any violations of the amended non-dissemination order, which we learn was at issue in the State of Idaho's 3/22/24 motion filed under seal leading to the c...

In Episode 212, we address the first of two 3/26/24 defense filings of that date, a motion to rescind the 3/22/24 court order on the grounds of violation of due process. Here we learn of events leading up to the court order of 3/22/24 prohibiting the parties from contacting any prospective jurors. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated...

In Episode 211, we address the 3/22/24 defense's response requesting authority to file under seal their filing replying to the State's filing of 3/22/24 seeking to file under seal their motion prohibiting contact with prospective jurors pending a hearing. We also address the court's order of 3/22/24 prohibiting any contact with prospective jurors by either the parties directly or any t...

In Episode 210, we discuss the State's 3/22/24 motion to temporarily seal from public disclosure the State's motion for order prohibiting contact with prospective jurors absent leave of Court pending hearing. We address the fact that the public is not aware at the time of the filing of this motion that the relief sought relates to events involving the defense's 1/30/24 motion for chang...

In Episode 209, we review Mr. Kohberger's 13th supplemental discovery request of 3/18/24 describing the documents he is requesting in an attached exhibit (Exhibit L) which he states has been filed under seal and which came just a few days after he filed his 12th supplemental discovery request of 3/12/24. We note here defense also filed 3/18/24 requesting permission to file Exhibit L under seal...

In Episode 208, we review Mr. Kohberger's 12th supplemental discovery request of 3/12/24 describing the documents he is requesting in an attached exhibit (Exhibit K) which he states has been filed under seal. We also address a second filing of 3/12/24 where defense asks the Court for authorization to file Exhibit K under seal. The reason given as good cause is that the documents described ther...

In Episode 207, we discuss the defendant's 3/12/24 4th motion to compel discovery requested in the 10th and 11th supplemental discovery requests described in an exhibit, Exhibit A, he has withheld from the public docket stating the same has been filed under seal. We also discuss a second 3/12/24 filing by the defense asking the Court for the entry of an order authorizing him to file Exhibit A,...

In Episode 206, we review the 3/8/24 State of Idaho's objection to the defense's request to add additional deadlines to the scheduling order. Attached to this objection is Exhibit A, correspondence sent by the State to the Court and the defense following a hearing on this matter suggesting a March 2025 trial date the public is now seeing for the first time. The state's concerns seem to...

In Episode 205, we review two filings of 3/6/24. The first of which is the defense's motion to augment the record under seal pursuant to I.C.A.R. 32 (dealing with controlling access to court's records pursuant to the Public Records Act). The second item is the 3/6/24 Order granting this relief to Mr. Kohberger, authorizing him to file the motion to augment the record under seal. Mr. Kohber...

In Episode 204, we review the 3/6/24 defense's motion for the Court to enter an order adding additional deadlines to the current scheduling order. We learn here the defense is requesting further deadlines dealing with defense motions regarding the death penalty, mitigation discovery and expert disclosures. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or i...

In Episode 203, we review the 2/29/24 Amended Order granting the defendant's motion in part where he sought authorization to release IGG discovery to his three named expert witnesses. However, per this ruling Mr. Kohberger is not authorized to share this information with unnamed investigators as he requested in his motion until and unless he obtains permission from the Court in advance upon a...

In Episode 202, we review the 2/28/24 KHQ-TV's public records request seeking the disclosure of documents regarding the cost to date of prosecuting the case against Mr. Kohberger. Per this document, the request was submitted to the Clerk of Court, who forwarding the same to Judge John Judge for handling. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is...

In Episode 201, we address the Court's 2/11/24 setting hearings regarding multiple pending matters, including the defense's motion to change venue, the defendant's motion for expansion of IGG protection order, the State's motion for a scheduling order including a trial date and other related pending issues. A public hearing on these issues were set by this order to occur on 2/28/24...

In Episode 200, we discuss the State of Idaho's 2/9/24 filing responding to the defense's motion for clarification of IGG protection order and authorization to release same to three expert witnesses and unnamed investigators. We learn here for the first time of a 11/28/23 "Touhy" letter from the FBI to the State previously provided by the State under seal to to "investigate...

In Episode 199, we discuss the State of Idaho's 2/8/24 Opposition to the defense's motion for change of venue on the grounds that it is premature and without sufficient basis and request for a scheduling order. We also address the fact that the State is requesting the entry of an order setting trial and other pre-trial matters concerning the defense's motion for change of venue. Mr. Ko...

In Episode 198, we discuss the defense's 2/8/24 motion seeking clarification of of the sealed order for disclosure of IGG information and protection order. Here we note the motion is requesting clarification as to the part of the order directing no individual on the family tree may be contacted without further order from the court and a showing why such contact is necessary and material to the...

In Episode 197, we evaluate the 2/1/24 order denying defense's motions for reconsideration of the (denied) motions to dismiss indictment and in the alternative to authorize him the defendant to file a permissive appeal and for a stay of appeal. We discuss the fact that these matters were entertained by the Court on 1/26/24, one in an open hearing, the other in a closed hearing. Mr. Kohberger i...

In Episode 197, we evaluate the defense's 2/1/24 Motion to Allow Certain Experts and Investigators Protected Access to View IGG Materials which defense says is "...is necessary to investigate how and when Mr. Kohberger was identified as a suspect." The defendant in this motion asks the Court for permission to allow additional and specified members of the defense team to have access t...

In Episode 196, we evaluate the defense's 1/30/24 Motion for Change of Venue moving the trial of this matter to another county in Idaho. We note the reasons stated why the defense is requesting a change of venue, raising such federal constitutional issues as that he cannot obtain a fair trial in Latah County amongst other concerns. Mr. Kohberger is presumed innocent of these crimes until or un...