Kathy's InDieZoNe

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...

In Episode 241, we evaluate the Court's Order of 5/2/24 granting the State's request to hold the hearing on defense's 4-5th motions to compel as a closed hearing. We render opinions pursuant to the First Amendment regarding concerns about the large number of information that has is under seal in this case. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads gui...

In Episode 240, we evaluate the State of Idaho's 4/30/24 motion for subpoena duces tecum and subpoena duces tecum (asking a third party to produce records) to be filed under seal, using the same 5 mis-numbered reasons as good cause the State has used on multiple occasions previously. We also address the fact that on 5/2/24 the Court granted this relief, the effect of which is that the public i...

In Episode 239, we evaluate two 4/29/24 notices of hearing, one filed by the Clerk of Court and the other by the defense, regarding the defendant's 5th motion to compel discovery. The defense wanted the hearing on the IGG part of the motion to compel to be open to the public, while the State objected - demanding it be closed to the public. We also note the agreement between the parties on the...

In Episode 237, we evaluate the State of Idaho's 4/26/24 filing opposing "Notice of Defendant's Supplemental Response to State's Alibi Demand." The State asserts the alibi defense lacks specificity, includes improper and irrelevant information and that Mr. Kohberger should be precluded from having anyone else but him testify as to his presence at the time of the homicides whi...

In Episode 235, we discuss the Court's dual orders of 4/26/24 authorizing the defense to augment (or add to) the official court record styled as Idaho v. Kohberger. We note that the public has no details regarding what these documents state because of the orders now sealing this information. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated g...

In Episode 236, we address the defense's 4/26/24 motion to unseal certain parts of IGG materials previously requested by the defense in discovery. The defense takes no issue with the Court continuing to maintain the protection order relative to certain parties listed on the family tree, but says there is no reason for the remainder of the IGG materials related to the knife sheath purportedly f...

In Episode 236, we address the defenses 4/26/24 motion to allow defense investigators to have access to IGG/DNA materials, previously denied by the Court. We note that defense argues its investigators must have access to this information to help Mr. Kohberger prepare its defense to the charges brought against him, citing to the United States Constitution and also the Idaho Constitution as legal au...

In Episode 235, we discuss the State of Idaho's response to defense's 4th motion to compel discovery seeking to have Exhibit 1 to the same filed under seal, and the State's contemporaneous motion to file Exhibit 1 under seal. We note that the State has once again filed its same mis-numbered five reasons to withhold this information from the public and file it under seal, suggesting in...

In Episode 235, we discuss the defense 4/24/24 filing objecting to the state's motion to close two discovery hearings, alleging the State is hiding information from the public, and is abusing the process to seal hearings on motions to compel discovery. The defense charges that it has had to file motions to compel discovery to obtain evidence in the State's possession concerning Mr. Kohberg...

In Episode 234, we discuss a stipulation agreed to by the parties that the defense's motion to seal the stipulation to defendant's motion to augment the record should be filed under seal. We note here that the defense has, as it has done in the past, stated as good cause for this relief "the documents contain facts or statements that might threaten or endanger the life or safety of in...

In Episode 233, we address the State of Idaho's motion to hold two hearings on defense discovery motions (4th and 5th supplemental requests for discovery) to be closed to the public. We note that this motion came just 5 days after Judge John Judge entered an order on 4/19/24 noting a hearing on the motion leading to that order was held as a public hearing because no party asked for a closed he...

In Episode 232, we address the 4/19/24 Court order authorizing the defense to continue with its surveys in support of its change of venue motion, finding that the defense did not violate the amended non-dissemination order had occurred, and that Mr. Kohberger's due process privileges were not violated. We also not the Court specifically stated that the 4/4/24 hearing was open to the public bec...

In Episode 231, we address the 4/19/24 Court order setting a scheduling order for all matters regarding the defense's (1/30/24) change of venue motion. Deadlines are provided herein for both sides to file their briefs and witness lists. 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 th...

In Episode 230, we discuss the 4/18/24 unsealed State of Idaho's 3/22/24 motion for order prohibiting contact with prospective jurors absent leave of court. We review details regarding the survey conducted by defense expert witness Dr. Brian Edelman, learn for the first time residents contacted by telephone contacted both Moscow Police Department and the Prosecutor's office, and also disco...

In Episode 229, we discuss the Court's 4/18/24 granting of the defense's motion to seal "Exhibit A" to the defense's 5th motion to compel discovery. We discuss the fact that while the Court granted this relief based on I.C.A.R. 32 (although he did not explain in his motion how his motion to seal met the requirements set forth in the statute). Mr. Kohberger is presumed innocen...

In Episode 228, we discuss the 4/17/24 defense notice of supplementation to alibi defense, which he states will be corroborated by information in his cellular phone showing he was driving in a location south of Pullman, Washington and west of Moscow, Idaho and a partial coronation from his CSLI expert Sy Ray. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is...

In Episode 228, we discuss the 4/15/24 stipulation between the parties to unseal the State of Idaho's 3/29/24 motion to unseal the State's motion for an order to prevent further contacts with prospective jurors. This stipulation, which appears to be an un-objected to motion rather than a full agreement, with the State's request that the attachments to the motion remain under seal and t...

In Episode 227, we evaluate a motion to the defense's 5th motion to compel discovery filed 4/15/24 seeking a court order to have Exhibit A to the 12th discovery request filed under seal. According to this stipulation which appears to be an unobjected-to motion, one of the good cause reasons given is that if this information were not sealed that there is information therein that could lead to c...