Kathy's InDieZoNe

In Episode 144, we discuss the 8/16/23 71 page State of Idaho filing objecting to defense to motion to dismiss the grand jury indictment that was entered against him in May 2023. Here, we address the fact that the state argues defense has raised an incorrect evidentiary standard of beyond a reasonable doubt and that he was denied equal protection under the law regarding grand jury proceedings. Mr....

In Episode 143, we discuss the State's 8/11/23 filing objecting to the defense's second motion to stay proceedings. Here, the state notes that defense was intent on receiving a stay of the case challenging matters that occurred in the grand jury proceedings even before defense received those court-ordered grand jury materials. Mr. Kohberger is presumed innocent of these crimes until or unl...

In Episode 142, we discuss a defense 8/9/23 Affidavit of Genetic Genealogist Leah Larkin in support of a Motion to Compel IGG discovery seeking a ruling ordering the state to produce this discovery to defense. Ms. Larkin advises she has been engaged in an expert in this case and provides her credentials and opinions in the field in the field. Attached to her affidavit is Ms. Larkin's curriculu...

In Episode 141, we address the defense's 8/2/23 objection responding to the state's motion to compel "motive of defense of alibi" or alternatively to bar certain defense. We discuss the fact that Mr. Kohberger states he was driving during the time in question, but states he cannot give more specifics as to corroborating witnesses that he might have been able to do so had the prel...

In Episode 140, we review the State of Idaho's motion to compel defense to provide a "better" alibi defense with further information than what he has produced, or alternatively to bar defendant from raising such a defense. The state points out that the parties agreed to an extension of time for defense to produce the information, failed to do so in a manner conforming with Idaho law,...

In Episode 139, we discuss the 7/26/23 court order directing the prosecution to file their responses to the defense's 5th and 6th supplemental discovery requests under seal, where the defense's request for production contained within those supplemental discovery requests were also filed under seal. This is the third of three orders signed by Judge John Judge on 7/26/23 directing matters to...

In Episode 138, we discuss the 7/26/23 court order directing the defense to file attachments to their motion to dismiss the indictment or in the alternative to remand for preliminary hearing under seal. This is the second of three orders signed by Judge John Judge on 7/26/23 directing matters to be filed under seal and therefore kept out of the public record. Mr. Kohberger is presumed innocent of...

In Episode 137, we discuss the 7/26/23 court order directing the defense to file their affidavit in support of their second motion to stay the criminal court action based on concerns about the grand jury proceedings. This is the 1st of three orders signed by Judge John Judge on 7/26/23 directing matters to be filed under seal and therefore kept out of the public record. Mr. Kohberger is presumed i...

In Episode 136, we discuss the state of Idaho's 7/25/23 motion for an order seeking permission to seal responses to the defense's fifth and sixth supplemental discovery requests, which was previously filed under seal by the defense. 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 135 we discuss the defense's 7/25/23 Motion to Dismiss Grand jury Indictment or in the alternative to Remand for Preliminary Hearing and the 7/25/23 Order vacating 8/2/23 hearing and resetting it to 8/18/23. Amongst other matters, defense argues the grand jury that returned the indictment against Mr. Kohberger was "misled." Mr. Kohberger is presumed innocent of these crime...

In Episode 134, we discuss the 7/25/23 Second defense motion to stay the court criminal proceedings based on grand jury proceedings. In this motion, the defense addresses problems with the grand jury proceeding including to such matters how the grand jury members were selected. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court o...

In Episode 133 we discuss the Notice of Defendant's 7/24/23 Response to State alibi demand (pursuant to Idaho law). Here, the defense discloses that Mr. Kohberger may seek testimony from the state of Idaho's own witnesses corroborating his alibi of being somewhere else at the times the crimes occurred along with through expert witnesses. Mr. Kohberger is presumed innocent of these crimes u...

In Episode 132 we address the Defense's 7/24/23 Response to the State of Idaho's 7/17/23 Motion for Reconsideration of the Court's 7/10/23 order granting an additional 37 days to the deadline for waiver of speedy 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 review the documents from the Court&#...

In Episode 131 we discuss a 7/17/23 notice of hearing set by the Latah County Clerk of Court Julie Fry. Per this document, "evidentiary" matters will be called up at an in-person hearing scheduled to occur on August 2, 2023 at 1:00 p.m.. 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...

In Episode 130 we discuss the State of Idaho's 7/17/23 Motion to Reconsider the Court's 7/10/23 Order on speedy trial issue. That order provided Mr. Kohberger with an additional 37 days to determine if he would waive his Sixth Amendment constitutional privileges mandating criminal trials must be speedy. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or...

In Episode 129 we discuss the State of Idaho's 7/17/23 Motion for a Scheduling Order setting such pretrial deadlines concerning discovery, disclosure of expert witnesses, proposals for jury questions and "any other matters to facilitate the progress of the case toward trial." The case was then set for trial to occur on October 2, 2023. Mr. Kohberger is presumed innocent of these crim...

In Episode 128 we discuss the State of Idaho's 7/14/23 Reply in Support of Motion for Protective Order regarding the defense's request for evidence known as Investigative Genetic Genealogy (IGG) DNA testing sought in discovery. The Affidavit of Rylene L. Nowlin, Manager of the Idaho State Police Forensics Lab discussed in the Episode 127 is cited to here as is a California case. Mr. Kohber...

In Episode 127, we address and discuss the sworn Affidavit of Rylene L. Nowlin filed 7/14/23. Ms. Nowlin is the Laboratory Manager of the Idaho State Police Forensics Series Laboratory (ISPFS) in Meridian, Idaho. Ma. Nowlin testifies that she has been employed there since November 2002 and addresses her qualifications, personally and of the ISPFS laboratory itself. Mr. Kohberger is presumed innoce...

In Episode 126, we discuss the Court's 7/14/23 Order granting the state's motion to temporarily seal documents concerning return of and removal of evidentiary items pending hearing which is set to occur on 8/2/23. Also in this order, Judge Judge hand writes "the Court has concerns about transport of items." Mr. Kohberger is presumed innocent of these crimes until or unless he ple...

In Episode 125, we discuss the 7/14/23 by the state of Idaho motion to temporarily seal stipulation and order regarding release and return of evidentiary items from the 1122 King Road property pending hearing. The motion states there was no objection (from defense) to this motion. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a cour...

In Episode 124 we discuss five orders entered by Judge Marshall on 7/14/23 on the state's motion to redact and seal evidence pertaining to warrants issued to Meta (Facebook and Instagram) for Xana Kernodle and Madison Mogan's accounts. Other orders to seal and redact relate to warrants issued to T-Mobile and Verizon Wireless regarding redacted cell phone numbers (with the last 4 digits vis...

In Episode 123, we review the two orders signed by Judge Judge on 7/12/23 granting the parties' stipulation that the defense file the 5th & 6th supplemental discovery requests (here Exhibits E & F) to the discovery requests under seal. We express opinions regarding the ongoing secrecy of the case concerning discovery requested and responded to. Mr. Kohberger is presumed innocent of the...

In Episode 122, we review and express opinions regarding four documents dated 7/12/23 going to the secrecy of the case. Here Exhibits E & F describing discovery sought to the 5th & 6th supplemental discovery requests are not attached to the discovery requests and 2 stipulations signed by state & defense to file Exhibits E &F to the discovery requests under seal. Mr. Kohberger is pr...

In Episode 121, we review the state of Idaho's 7/11/23 Supplemental Discovery Request, including item #8 related to Request for Production 164 requesting information collected at the autopsies such as bodycam footage and notes. This response provides additional details regarding discovery requested concerning Suspect Vehicle 1 and cell phone evidence both of which were detailed in the PCA. The...

In Episode 120, we discuss the 7/7/23 court order concerning the defense's motion to stay proceedings, which the court found was premature. However, the court here has provided Mr. Kohberger with an additional 37 days to waive his Sixth Amendment right to a speedy trial. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of l...