Kathy's InDieZoNe

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...

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...