Kathy's InDieZoNe

In Episode 195, we discuss three orders filed on the public docket on 1/23/24 redacting and sealing information related to the search warrants served upon Meta, Microsoft and TikTok. We note that according to theaw Orders that virtual hearings were held on 1/3/24 via Zoom on the State of Idaho's motions to seal and redact, before Judge Megan Marshall the public appeared to have no notice of. M...

In Episode 194, we address three filings of 1/22/24 continuing to ensure discovery-related matters are kept out of the public domain. The first document is the State's response to the defendant's 11th supplemental discovery request described in Exhibit 1, which does not appear on the public docket. The second document, is State's motion for permission to file Exhibit 1 to the response...

In Episode 193, we discuss Orders entered by Judge John Judge on two of the State of Idaho's motions. The first order of 1/22/24 grants the State's motion to file their memorandum opposing the unsealing of documents under seal. The second is an order of 1/23/24 granting the State's motion for a closed hearing on whether or not the documents defense wants unsealed to the public to be un...

In Episode 192, we address three filings dated 1/19/24 signed by the Latah County Prosecutor William W. Thompson and Special Assistant Attorney General Ingrid Batey opposing the defense's motion to unseal documents regarding his motion for reconsideration of the denials of his motions to dismiss indictments. We also discuss the fact that one of these filings is a motion for a closed hearing on...

In Episode 191, we address a the defense's motion to seal reply to the State of Idaho's objection to the defendant's motion for interlocutory relief and order granting the same, both of which were filed 1/19/24. We address reasons why this request is not inconsistent with the defense's pending motion to have all these matters unsealed and also outline the role of a reply. Mr. Kohbe...

In Episode 190, we discuss what appears to be the first filing by a party seeking to have sealed documents unsealed, as many documents have been requested by both sides to be filed under seal. On 1/11/24, the defense filed a motion to unseal the defendant and state's filings related to the defense's motions for reconsideration of two denied motions to dismiss indictment and in the alternat...

In Episode 189, we evaluate an important Order entered on 1/11/24 regarding the DNA/IGG testing the defense has been seeking in discovery from the State of Idaho for several months and following a hearing on the matter and order entered 10/25/23. The Court explains this is the "public" order for disclosure and that the Court has completed its in-camera review of the IGG materials and oth...

In Episode 188, we discuss the second item appearing on the public docket in this case, the 1/5/24 amended order governing courthouse and courtroom conduct. We address the fact that the Court indicates there are four competing interests at issue, and sets his expectations for such matters as where parties are to be seated during and leaving/entering the courtroom during proceedings, that cell phon...

In Episode 187, we address the first document appearing on the public docket in this case, a 1/2/24 Order denying KXLY-TV's request to record the defense's hearing on 1/26/24 on one of Mr. Kohberger's motions for reconsideration regarding the denial of his motion to dismiss indictment. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated...

In Episode 186, we discuss the Court's 12/28/23 order setting two of the defense's motions and one of the state's motion for hearing on 1/26/24. We note that this order is the final item on the public docket for the 2023 calendar year, and review some of the items that this podcast reviewed dated 2023 as well as in late December 2022. Mr. Kohberger is presumed innocent of these crimes...

In Episode 185, we discuss the Court's 12/22/23 order sealing the defense's motions for reconsideration as to the motions to reconsider orders denying motions to dismiss indictment and in the alternative for permission to appeal from interlocutory orders and a stay of proceedings. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty i...

In Episode 184, we address the defense's reconsideration of the denials of the two motions to dismiss the grand jury indictment or in the alternative motion to seal the motion for interlocutory review filed 12/22/23 and for a stay of proceedings. 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 documen...

In Episode 183, we discuss the State of Idaho's 12/21/23 motion for a scheduling order setting all pretrial matters/deadlines leading up to trial, and for an order setting the jury trial to occur in June 2024. 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...

In Episode 181, we discuss the 12/15/23 order denying Mr. Kohberger's motion to dismiss the grand jury indictment on the grounds of incorrect grand jury instructions. The court's order rejected the defense's assertion that the evidentiary standard for a grand jury proceeding was "beyond a reasonable doubt" and found the standard was "probable cause." We also note he...

In Episode 180, we review the State of Idaho's 11/30/23 Notice of In-Camera Submission of IGG (Investigative Genetic Genealogy) DNA materials the State was ordered to turn over to Judge John Judge by 12/1/23. Here we discuss whether the State's submission complied with the Court's Order of 11/8/23. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or i...

In Episode 179, we address the State of Idaho's 11/29/23 submission and 11/29/23 court order regarding turning over DNA evidence in the state's possession for forensic testing. The state is seeking to have this information temporarily sealed 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 re...

In Episode 178, we review the State of Idaho's response to the defense's 10th supplemental discovery request filed 11/20/23. In it, there is a notation "Exhibit 1" to the same is filed under seal with the Court. We also discuss and a second filing of 11/20/23, a motion seeking (retroactive) permission to file "Exhibit 1" under seal with the Court. The docket does not re...

In Episode 177, we discuss the defendant's motion to file "Exhibit I" to their 10th Supplemental Request for Discovery, a Stipulation between the defense and State of Idaho agreeing this exhibit should be filed under seal, and an order granting this relief. We note that all three of these interrelated filings are dated on 11/8/23. Mr. Kohberger is presumed innocent of these crimes un...

In Episode 176, we discuss the 11/8/23 Order Setting the deadline of 12/1/23 for the state of Idaho to turn over all materials regarding IGG/DNA for the court's in camera review. 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://coi.isc.idaho....

In Episode 176, we address an order entered by the court on 10/31/23 setting a status conference as to the IGG evidence to be held virtually via zoom as to the parties on 11/2/23. However the order also states that the courtroom will be open to the public if the public wishes to attend the hearing. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicate...

In Episode 174, we discuss the 10/25/23 order on the defense's motion to compel DNA/Investigative Genetic Genealogy (IGG) testing which they have been seeking in discovery. We learn for the first time here the FBI conducted this testing and advised local authorities to investigate Mr. Kohberger who was later arrested. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads...

In Episode 173, we address the State of Idaho's latest motion for request to seal discovery responses, this time their 10/23/23 Motion to Temporarily Seal Exhibits 1 and 2 of the State's Response to Defendant's 8th and 9th Supplemental Requests for Discovery. We note that the exhibits to the defense's 8th and 9th Supplemental Discovery Requests were also filed under seal. On 10/24/...

In Episode 172, we discuss forms submitted by KXLY-TV out of Spokane and Court-TV requests to record to the hearings on 10/26/23 on the defense's motions to dismiss the indictment . Both were authorized to participate in the pool hearing as to the open afternoon hearing. However, Judge Judge denied KXLY-TV's permission to record the morning hearing -- handwriting "denied closed"...

In Episode 171, we discuss the Defense's 10/12/23 Motion to File Exhibit G under seal in the 8th Supplemental Discovery seeking to have the exhibit filed under seal. Also on 10/12/23, a Stipulation was filed where the defense and State of Idaho state Exhibit G should be filed under seal including that if documents requested were made public that it might threaten or endanger the life or safety...

In Episode 170, we address the 10/5/23 Order denying Defendant's (Second) Motion to Stay Proceedings and Withdrawing Order Staying Time for Speedy Trial. Here we discuss the fact that Judge Judge found the issues Mr. Kohberger raised did not rise to the level of error required to obtain a stay under Idaho law. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty...