Kathy's InDieZoNe

In Episode 169, we discuss a 9/20/23 defense motion to file a Reply to the State of Idaho's objection to the defense's second motion to dismiss indictment under seal, and an order entered on 9/21/23 granting 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'...

In Episode 168, we discuss an Order entered by the Court on 9/19/23 granting the request by the State of Idaho and the defense that the hearing on the defense's motion to dismiss be held as a closed hearing. Per a second order entered 9/21/23, the closed hearing was adjourned to 10/26/23. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guil...

In Episode 167, we discuss the fact the parties entered into a Stipulation on 9/14/23 agreeing that the defense's motion to dismiss the indictment should be entertained not in the public but via a closed 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, plea...

In Episode 166, we address the Court's granting of two State of Idaho's 9/14/23 motions to file documents under seal. We note that one of these orders, the motion asking the Court to take judicial notice of the Grand Jury record provide details for the first time regarding the dates of the Grand Jury proceedings, and the times these proceedings commenced. Mr. Kohberger is presumed innocent...

In Episode 165, we address two more motions submitted by the state of Idaho seeking orders to seal documents, preventing them from being filed on the public docket. These two motions, filed simultaneously on 9/14/23 at 3:21 pm seek to have documents related to the grand jury record and opposing Mr. Kohberger's second motion to dismiss filed under seal. We note the state again using the same fi...

In Episode 164, we address the 9/12/23 defense Reply to the Media Coalition's Response opposing Mr. Kohberger's motion to ban cameras from the courtroom. Here, defense continues to raise reasons why cameras should be banned from the courtroom during pretrial through and including the trial of this case including that these proceedings "are not entertainment." Mr. Kohberger is pre...

In Episode 163, we address five (5) warrants sought by Det. Lawrence Mowery and orders entered by Judge Megan E. Marshall on 9/8/23 following hearings on 8/22/23 on the state's motion to seal or redact that were not noticed on the public docket. The warrants were issued to Amazon, Apple, PayPal/Venmo, Spotify and YouTube. To review the documents from the Court's file, please go here: https...

In Episode 162, we yet another order to seal a document, here granting the State of Idaho's 9/12/23 filing to submit a second document (Exhibit C) to State's notice of intent not to cross-examine defense witnesses, district court decision and records to explaining witness contact. We also give our opinion as protected by the First Amendment to the United States Constitution as to the secre...

In Episode 161, we discuss the State of Idaho's 9/12/23 filing to submit a second document (Exhibit C) to State's notice of intent not to cross-examine defense witnesses, district court decision and records to explaining witness contact. We note that the State's "Exhibit B" was previously filed under seal. Mr. Kohberger is presumed innocent of these crimes until or unless he...

In Episode 160, we address four documents filed by the media coalition (the Intervenors) on 9/8/23 in their continued initiatives to prevent the banning of cameras in the courtroom responding to the defendant's motion to ban cameras. One of these documents are the Intervenors' response opposing Mr. Kohberger's motion. Another is the declaration of Rebecca Boone who is a supervising rep...

In Episode 159, we review yet another order this one date 9/6/23 sealing discovery. This order grants the State of Idaho's 9/6/23 motion seeking court order to file responses to the defense's 7th supplemental discovery request, which itself was file under seal, also under seal and therefore beyond the public's reach. Mr. Kohberger is presumed innocent of these crimes until or unless he...

In Episode 158, we review the State of Idaho's 9/6/23 motion seeking another court order to file responses to the defense's 7th supplemental discovery request, which itself was file under seal, also under seal and therefore beyond the public's reach. 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...

In Episode 157, we review the defense's 9/1/23 court filing responding to a filing by the state attaching a sister district court's ruling. Here we note Mr. Kohberger states he is seeking SNP profile created on behalf of the state of Idaho and the IGG process used by the state to lead them to Mr. Kohberger, who has been the sole defendant arrested in connection with the events that occurre...

In Episode 156, we address two filings submitted by a coalition of media representatives a/k/a the "media coalition" seeking to intervene in the case. They are seeking an order authorizing them to intervene in the case for a second time to oppose the defense's motion to ban cameras from the courtroom. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty...

In Episode 155, we address a 8/29/23 order granting the state of Idaho's motion to file documentation explaining an out-of-court contact with defense expert witness Gabriella Vargas to be filed under seal, and therefore out of the public domain. 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 document...

In Episode 154, we address a 8/29/23 filing submitted by the State of Idaho confirming it contacted defense witness Gabriella Vargas out of court with details explaining this contacted in documents explaining the contact in Exhibit B which is not attached to this filing. We also note that the state is asking for a protective order as to the documents contained in Exhibit A. Mr. Kohberger is presum...

In Episode 153, we address two filings of 8/28/23 from Court TV and KXLY seeking approval to broadcast Mr. Kohberger's proceedings. The court's orders require that both organizations participate in the "pool" approved transmission of the proceedings in compliance with Judge Judge's prior order governing courtroom conduct. Mr. Kohberger is presumed innocent of these crimes unt...

In Episode 152, we address the 8/25/23 court order granting the state of Idaho's request for an extension of time to respond to defendant's motion to dismiss the indictment based on prosecutorial misconduct and for three other reasons. This order also resets the 9/1/23 hearing on the motion to dismiss the indictment. Mr. Kohberger is presumed innocent of these crimes until or unless he ple...

In Episode 151 we review Mr. Kohberger's 8/24/23 seeking an order to remove cameras from the courtroom on the grounds that the media are focusing on him in direct violation of a prior court directive and that he is being prejudiced from receiving a fair trial. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To revi...

In Episode 150, we review the State of Idaho's motion seeking an extension of time to respond to the defense's motion filed 8/23/23 citing to prosecutorial misconduct as grounds to dismiss the indictment entered by the grand jury. This is the second motion filed by the defense pending ruling seeking dismissal of the indictment. Mr. Kohberger is presumed innocent of these crimes until or un...

In Episode 149, we review 3 documents filed on 8/25/23: (1) defendant's 7th supplemental discovery request listed on Exhibit F which does not appear on the docket; (2) a stipulation between the parties that Exhibit F to the 7th supplemental discovery request should be filed under seal and (3) a court order authorizing Exhibit F to be filed under seal. Mr. Kohberger is presumed innocent of thes...

In Episode 147. we review Mr. Kohberger's 8/23/23 Waiver of his constitutionally-guaranteed right to a speedy trial hand-signed by him and his attorney. 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.gov

In Episode 147. we review the defense's 8/22/23 reply to the state of Idaho's opposition to the defense's motion to dismiss the Indictment or in the alternative to remand for a preliminary 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 h...

In Episode 146, we note that the court conducted a hearing on 8/18/23 which resulted in the scheduling order which entered on 8/22/23; however, no minutes from that hearing appear on the public docket. A jury trial is set to occur from 10/2/23 and will run 11/17/23 per this scheduling order. Another matter addressed herein addresses the deadline the court has imposed for Mr. Kohberger to provide t...

In Episode 145, we discuss the defense's submission of the declaration of Gabriella Vargas in support of defense's motion to compel discovery. Here, we note Ms. Vargas states that she was engaged engaged as an expert in this case since August 2023, is an Investigative Genetic Genealogist and that she is aware that law enforcement obtained information in ways that violate terms of use and l...