Kathy's InDieZoNe

In Episode 226, we evaluate the defense's 5th motion to compel discovery filed 4/15/24 as to the 12th discovery request. According to this motion, the withheld discovery is described in an attached Exhibit A, which is filed under seal. 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...

In Episode 225, we discuss the 4/4/24 court order based on the defense's stipulated motion of that day 4/4/24 decreeing that all future discovery requests and responses are to be filed under seal for the pendency of the proceeding. We note that the court here appeared to go beyond the relief sought by the parties in the stipulated motion that merely asked for the entry of an order that just at...

In Episode 224, we evaluate the 4/4/24 defense's stipulation to seal all attachments to the discovery requests and responses for the remainder of the trial. We address the fact that if this motion were granted, such relief would prevent the public from accessing any of the prior or future attachments to discovery requests/responses through the conclusion of this criminal proceeding. Mr. Kohber...

In Episode 223, we discuss the State of Idaho's 4/4/24 objections to defense's 15th supplemental discovery request seeking remaining IGG/DNA information. The State asserts the defense has made an improper discovery request as defense is effectively asking the State to turn over IGG/DNA information which was the subject of the Court's prior protection order. Mr. Kohberger is presumed in...

In Episode 222, we discuss the defense's 4/3/24 amended motion for expert witness Dr. Bryan Edelman to appear at the 4/4/24 hearing via zoom, and the court's order of that day authorizing this relief. 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 he...

In Episode 221, we evaluate the defense's 4/01/04 motion seeking permission for his expert witness to attend the 4/04/24 hearing set before Judge John Judge virtually via Zoom. The defense states that Dr. Bryan Edelman's attendance at hearing is necessary to explain the survey process in support of the motion to change venue, the questions involved and the impact of the halted survey work....

In Episode 220, we address the State of Idaho's 3/29/24 motion to unseal its 3/22/24 motion to prevent the parties from having any contact with prospective jurors absent leave of court. The state asks the Court to unseal the 3/22/24 motion to address what they allege was misrepresentations contained in this motion by the defense. Mr. Kohberger is presumed innocent of these crimes until or unle...

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...