Kathy's InDieZoNe

In Episode 70, we discuss the State of Idaho's second discovery-related filing of 5/12/23. Here the public learned for the first time (1) that no body cam footage was taken during Mr. Kohberger's arrest on 12/30/22 in Pennsylvania that Idaho is aware of and (2) that Mr. Kohnberger was interviewed by Detective Brett Payne, the author of the sworn statement of 12/29/22 leading to Mr. Kohberg...

In Episode 68, we discuss a filing of 5/11/23 a Notice of Hearing Setting Defense's Motion to Compel Discovery and the first of two filings of 5/12/23 concerning the State's Response to defense's motion compelling discovery. 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 Co...

In Episode 68, we discuss the Intervenors/Media Coalition's 5/11/23 Reply to defense's filing of 5/11/23 dealing with Intervenor's Motion to Vacate the Non-Dissemination (a/k/a "Gag") Order. The Intervenors argue why the January 2023 gag order must be set aside as defense's 5/11/23 filing establishes Mr. Kohberger did not meet his burden of proof to obtain the gag order i...

In Episode 82, we address Idaho's response to the defense's motion to have grand jury materials released and a proposed order. We learn the name of the judge who presided over the grand jury proceedings, and that this judge had already issued an order regarding the release of the grand jury documents and transcripts. Mr. Kohberger is presumed innocent of these crimes until or unless he ple...

In Episode 67, we discuss the defense's 5/11/23 Response in Opposition to the Media Coalition's Motion to Reconsider the Court's entry of an Order setting a Scheduling Conference in lieu of scheduling the Intervenor's Motion to Vacate the Amended Non-Dissemination (a/k/a "gag") Order. Mr. Kohberger raises objections on 6th and 14th Amendment grounds and states he has reta...

In Episode 65, we address a Court Order of 5/4/23 and a 5/5/23 Notice of Hearing setting a scheduling conference regarding the Amended Non-Dissemination (a/k/a "Gag") Order pertaining to two pending motions seeking relief from the same. 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 f...

In Episode 64, we discuss the 5/4/23 defense Motion to Compel discovery sought in the 1st and 2nd discovery requests and which asks the Court to set a 10 minute hearing on the motion. In it, the defense seeks an order compelling the state to turn over six specific categories of evidence, including what Mr. Kohberger believes may be exculpatory in nature. Mr. Kohberger is presumed innocent of these...

In Episode 63, we learn for the 1st time in this case the contents of a discovery request as all prior requests have been under seal. In the 5/3/23 3rd Supplemental Discovery Request, defense requests the State of Idaho's entire biological testing case file to include profiles uploaded to any DNA data baes, genetic testing, chain of custody and more. Mr. Kohberger is presumed innocent of these...

In Episode 62, we discuss two final filings submitted by the Associated Press, et al., a/k/a "the Media Coalition's" Motion to Vacate the Amended Non-Dissemination Order and Memorandum of Law in support thereof on 5/1/23. In Episode 62, we delve into the reasons why the Intervenors argue the "gag Order" goes too far and violates freedom of the speech/press in asking Judge M...

In Episode 61, we address two further filings submitted by the Associated Press, et al., a/k/a "the Media Coalition's" Motion to Intervene and Memorandum of Law in support thereof filed 5/1/23. Here, the Media Coalition attempt to persuade the judge to find they are properly before the Court and provide legal authority with respect to their request that the Court enter an Order autho...

In Episode 60, we note that Associated Press, et al., the Petitioners in the (denied) action to get relief from the Idaho Supreme Court have now filed a Notice of Appearance in the Second Judicial Circuit seeking relief from Judge Marshall regarding the Non-Dissemination (a/k/a "gag") order. We also discuss a Declaration from the lead attorney for the "media coalition" where sh...

In Episode 59, we address the Idaho Supreme Court's ruling in the case styled as Associated Press, et al. v. Second Judicial Circuit concerning the Non-Dissemination Order entered by Judge Marshall in the lower Court. 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,...

In Episode 58, we discuss the 4/28/23 Notice of Hearing stating that the Gonclaves family's motion seeking relief from the Non-Dissemination (i.e. "gag") Order covered in Episode 40 of this series would be entertained at live hearing at the Latah County Courthouse on 5/25/23. We also address the fact why this motion, filed 2/3/23, was not set for hearing until 4/28/23. Mr. Kohberger...

Episode 57: In this episode we discuss two filings signed and docketed on 4/24/23. The first is a Petition signed by Attorney Thompson to add two Idaho Deputy Attorney Generals Jeff Nye and Ingrid Batey to the prosecutorial team per a written agreement which is not attached to the filing. The second is an Order signed by Judge John Judge, the first time we've seen his name publicly in this cas...

In Episode 56, we discuss the State of Idaho's 3/29/23 response to the defendant's Second Supplemental Request for Discovery, which was addressed in Episode 51 of this series. 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...

In Episode 55, we learn that two orders entered 3/3/23 and 3/24/23 were published on 3/27/23. The first order directs the parties to retain certain evidence listed in Exhibits A-B (not published) and to return "personal property" not described belonging to the four victims and two surviving roommates of 1122 King Road. A Stipulation as to the return of this unspecified "personal pro...

In Episode 54, we discuss a 3/27/23 Order (docketed 3/28/23). It grants the State of Idaho's Request for Protective Order also filed 3/27/23 as to a potential Brady/Giglio police officer. This episode is in follow-up to Episode 53 where we learned the prosecuting attorney advised the Court and defense that an internal affairs investigation was opened as to one of the officers, who is unnamed,...

In Episode 53, we address the State of Idaho's Notice of Brady Disclosure and Request for Protective Order filed 3/27/23. Here, the prosecuting attorney advised the Court and defense that an internal affairs investigation was opened as to one of the officers, who is unnamed, involved in the investigation regarding the case against Mr. Kohberger and gives notice of a potential Brady/Giglio matt...

In Episode 52, we discuss a 3/24/23 Order granting the State of Idaho's 2/22/23 Motion to Seal a warrant issued for 1122 King Road, the site of the crimes. Per this Order, arguments by counsel and findings of fact by the Court were made on the record during a 3/14/23 hearing where the public record reveals no docketed Notice of Hearing or Minutes documenting what occurred during the same inclu...

In Episode 51, we address the fact that on 3/23/23, the defense filed a Second Supplemental Request for Discovery without Exhibit B" which outlined the discovery they were seeking from the Prosecution. In a Stipulated Motion to the same filed that same day, both sides agreed that Exhibit "B" should be filed under seal, which was granted the following day 3/24/23. Mr. Kohberger has b...

In Episode 50, we address the fact that the 3/7/23 docket references a large number of Orders to seal warrants issued to various organizations. Two of which were served upon Washington State University's Registrar and the Moscow Police Department's Forensics Lab. Mr. Kohberger has been charged with four counts of the first degree murders of Madison Mogan, Kaylee Goncalves, Xana Kernodle an...

In Episode 49, we discuss the 3/7/23 Order and related materials concerning a warrant issued to Door Dash. As we learned earlier in this special series, one of the victims in this case "received" a Door Dash delivery just before 4:00 am on 11/13/22, with the official timeline of the crimes as approximately 4:00-4:25 am. According to these records, a warrant was not issued until 12/6/22 o...

In Episode 47, we learn that on 3/1/23, the Court ordered the unsealing of minutes with redactions which are attached to the Order from a 1/27/23 hearing regarding the potential conflict of interest of Ms. Taylor in representing Mr. Kohberger. In a related matter, which is not addressed in this Order and was discussed in Episode 41, in early February 2023, counsel for the Gonclaves family requeste...

In Episode 47, we address two more warrants that were issued prior to Mr. Kohberger's arrest and that appear on the public docket on 2/28/23. The first was issued to the Coeur d'Alene (Idaho) Police Department's Forensic Lab and the second to Blue Ridge Knives, Inc. Mr. Kohberger has been charged with four counts of the first degree murders of Madison Mogan, Kaylee Goncalves, Xana Kern...

In Episode 46, we discuss certain documents appearing behind the 2/27/23 Order concerning the warrants that were issued to Amazon. We learn, based on documents appearing on the docket on 2/28/23 behind the Order, that a warrant was issued in November 2022 and an amended warrant issued in December 2022 seeking information regarding a knife and/or knife sheaths and also regarding purchasers of the s...