Kathy's InDieZoNe

In Episode 119, we address the 7/6/23 Amended Order to Release Grand Jury Materials (to the state and defense) based on a Stipulation between the parties concerning the release of grand jury that returned the May 2023 indictment against Mr. Kohberger. This court order includes certain conditions including that Exhibit A (discussed in Episodes 117 & 118) is filed under seal. Mr. Kohberger is pr...

In Episode 118, we address the 7/6/23 State of Idaho's Motion and Granted Order sealing "Exhibit A" to the Amended Stipulation between the parties concerning the release of grand jury materials. We discuss that one of the reasons proffered by the state further suggests the existence of a confidential witness in this case. To review the documents from the Court's file, please go h...

In Episode 117, we address the 7/6/23 Amended Stipulation between the parties concerning the release of grand jury materials. We discuss misinformation reported that Judge John Judge presided over the grand jury and provide the name of the judge who did preside over grand jury proceedings and an order he previously entered. Mr. Kohberger is presumed innocent of these crimes until or unless he plea...

In this episode, we address two Motions to Temporarily Sealing More Evidence pending hearing (filed by the State of Idaho on 7/3/23 and 7/5/23) and the two orders granting them. We address concerns about the complete secrecy of the case and the extraordinary numbers of documents and things that have been excluded from the public domain dating back to the investigatory stage pre-arrest of Mr. Kohbe...

In Episode 115, we evaluate a June 30, 2023 Order compelling the State of Idaho to turn over records of three law enforcement officers, none of whom are named, sought in Request for Production 160. We learn that one of these officers interviewed witnesses at the scene of the crime at 1122 King Road. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicat...

In Episode 114, we discuss the "Revised Amended Non-Dissemination Order" which was entered on 6/23/23 and is directed toward attorneys involved in the case. 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 113, we address the 6/23/23 order denying in part and granting in part the Goncalves family motion by and through their counsel Shannon Gray and Mr. Gray's own motion seeking relief from the non-dissemination order. The Court makes it clear that this non-dissemination order is not directed toward the Gonclaves family, but that does bind Mr. Gray. The Court clarifies as he announced...

In Episode 112, we address the 29 page 6/23/23 order denying the Intervenors motion to set aside the non-dissemination (a/k/a "gag") Order. We learn the Court makes it clear the non-dissemination order is not a "gag" order, that it was put in place to protect Mr. Kohberger's Sixth Amendment privilege and, that it does not offend the First Amendment. The Court however found...

In Episode 111, we evaluate the 6/23/23 Order granting the defense's motion for the court to take judicial notice of (negative) press concerning Mr. Kohberger. Here, we express opinions of our continued concerns of the secrecy of the case, as this order states the motion was granted based on findings of fact made on the record at a 6/9/23 hearing where no minutes or other details of such a hea...

In Episode 110, we evaluate the 6/23/23 Order granting the Intervenors' (a/k/a the media coalition) 5/1/23 motion to intervene in this case for limited purposes. 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 109, we discuss the court's 6/23/23 order reserving ruling on the matter of whether or not cameras should be permitted in the courtroom. The court provides his reasons why further time is required to consider this matter and provides clues as to when a ruling may be entered. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty...

In Episode 108, we analyze two filings of 6/23/23 that pertain to the defense's pending third motion to compel discovery. The first item is defense's motion to shorten the time to set that motion compelling discovery for hearing and the second advises us how the court ruled on that motion. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated...

In Episode 107, we analyze the 6/22/23 defense's response to state's motion for protective order to defense's discovery request concerning DNA, IGG and other related evidence. Several pieces of information the public was not privy to before this filing such as there is no explanation from the state why they found none of the four victims DNA were found in Mr. Kohberger's car, home,...

In Episode 106, we address the 6/22/23 sworn declaration of expert defense witness Stephen B. Mercer, Esq. to provide opinions on what a reasonably competent criminal defense attorney to investigate and defend in a case involving DNA evidence. Mr. Mercer states his area of experience includes Investigative Genetic Genealogy (IGG) testing. This is the second of two expert declarations offered on 6/...

In Episode 105, we address the 6/22/23 sworn declaration of expert defense witness Bicka Barlow, Esq. We learn here that she has been retained in the capacity as DNA consultant in this case and provides her skills, knowledge, and experience in the field. This is the first of two expert declarations offered on 6/22/23 in support of the defense's third motion to compel discovery. Mr. Kohberger i...

In Episode 104, we discuss defense counsel Anne Taylor's 6/22/23 sworn declaration provided under penalty of perjury to the landmark third motion to compel dated 6/22/23. We learn further information here into the construction of Mr. Kohberger's defense as Ms. Taylor addresses actions taken by the state in its investigation to the crimes at 1122 King Road in arriving at Mr. Kohberger as th...

In Episode 103, we discuss a landmark filing dated 6/22/23 entitled Defendant's Third Motion to Compel Discovery. We learn here through this filing for the first time unreacted requests for discovery related to DNA and scientific testing, including standard lab testing performed on three unidentified male profiles excluding Mr. Kohberger. Here, we also learn for the first time Mr. Kohberger re...

In Episode 102, we discuss two filings of 6/16/23. The first is the defense's 4th supplemental request for discovery pursuant to "Exhibit C" which is not attached to this discovery request. The second is an order granting this relief based on a Stipulation entered by the parties which is not on the public docket, even in a redacted form. Opinions are related regarding the extreme sec...

In Episode 101, we discuss the states response in opposition to defense's 6/13/23 - 6/15/23 motion and amended motion to stay proceedings. The state argues that Mr. Kohberger's filing is deficient in that a sworn statement was not provided. In Episode 101, we address the fact that the state here made a similar argument as did the intervenors as to the state and defense's actions in suc...

In Episode 100, we discuss the defense's 6/13/23 and 6/15/23 Motion and Amended Motion to Stay Proceedings to challenge the grand jury indictment. These motions provide the answer why Mr. Kohberger "stood silent" to the charges the grand jury charged him with in the May 2023 indictment leading to the cancellation of the weeklong June 2023 preliminary hearing the state and defense agr...

In Episode 99, we address the defense's filing of 6/13/23 concerning their pending motion for release of grand jury materials. Here Mr. Kohberger argues that he would have had an opportunity to challenge evidence at the (cancelled) preliminary hearing but did not due to the indictment issued by the secret grand jury. He argues he is entitled to challenge the grand jury findings particularly be...

In Episode 98, we discuss two documents dated 6/9/23. The first is a stipulation hand signed by counsel for the state of Idaho and Mr. Kohberger to temporarily seal the stipulation to remove evidentiary items for forensic evaluation and order granting that relief pending hearing. The second is an order on that stipulation. Here, one reason for granting this relief is to protect the identity of a c...

In Episode 97 we discuss the defense's 6/9/23 Motion for an Exception or in the Alternative to Extend Time for Compliance with state law governing alibi defenses, responsive to the state's 5/23/23 demand for the same. As discussed here, this response will led to a battle between the state and defense that will continue for the next several months. Mr. Kohberger is presumed innocent of thes...

In Episode 96, we discuss defense's 6/9/23 response to the state of Idaho's 5/23/23 request for production and for alibi defense. In this episode, we address the fact that the Fifth Amendment to the U.S. Constitution guarantees Mr. Kohberger the absolute right to remain silent and not put on a defense if he so chooses. However, if he does intend to put on a defense and has documents respon...

In Episode 95 we address the Court Order entered by Judge Judge on 6/8/23 sealing records returned by the University of Idaho concerning the victims and an Office of Civil Rights (Title IX) investigation on the state's motion. 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&#3...