Kathy's InDieZoNe

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...

In Episode 94, we address two more filings by the intervenors/media coalition attempting to persuade the court to set aside the non-dissemination order and to allow cameras in the courtroom. These are the 6/8/23 replies to the state/defenses responses opposing both. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To re...

In Episode 93, we learn that the state on 6/8/23 sought (yet another) temporary protective order to seal supplemental discovery requests pending a hearing. The state's reasons for seeking this protective order includes such reasons including to protect a confidential source and to protect personal privacy of certain individuals. Mr. Kohberger is presumed innocent of these crimes until or unles...

In Episode 92, we note that a Stipulation between the parties was docketed 6/6/23 seeking a protective order as to records returned from the University of Idaho during the investigation into the crimes. The first set of records belong to the four victims, the second set relate to an "Office of Civil Rights Investigation." Mr. Kohberger is presumed innocent of these crimes until or unless...

In Episode 91, we discuss the state of Idaho's 6/6/23 filing regarding whether the proceedings should be recorded. The state reminds the court that there is no constitutional requirement that cameras must be permitted to be in the courtroom and this is a matter left to his sound courtroom. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated gui...

In Episode 90 we address the state of Idaho's 6/6/23 Response in Opposition to the Intervenors' (media coalition) Motion to Set to Set Aside the Non-Dissemination Order. The state points out they were parties to the media coalition's unsuccessful efforts in the Idaho Supreme Court to set aside the non-dissemination order and argues here the non-dissemination order balances the First an...

In Episode 88, we discuss the defense's 6/6/23 filing opposing the media coalition's motion to set aside the non-dissemination order. In this response, we note that the defense, concerned about the negative publicity Mr. Kohberger has received, remind the attorneys and their associates involved in this case that cases are tried in a courtroom not the press. Mr. Kohberger is presumed innoce...

In Episode 88, we evaluate a 6/6/23 defense filing asking the Court to Take Judicial Notice of Press Coverage concerning Mr. Kohberger. Here we note several titles of media stories such as one comparing Mr. Kohberger to the notorious mass murderer Ted Bundy and another piece comparing Mr. Kohberger's body language to that of President Kennedy assassin Lee Harvey Oswald. Mr. Kohberger is presum...

In Episode 87, we address the defense's 6/6/23 memorandum concerning cameras in the courtroom. We note in this filing a rare instance where photographs are included to further drive home the point why the Court should limit media coverage during hearings to protect Mr. Kohberger's Sixth Amendment right to a fair trial. Mr. Kohberger is presumed innocent of these crimes until or unless he p...

In Episode 86, we discuss the 6/2/23 supplemental filing by the intervenors (media coalition) on the issue of whether hearings should be available to the public via press coverage. Here we learn why the intervenors are arguing that cameras should be permitted in the courtroom in this high profile case. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudi...

In Episode 85, as the hearings on the motions for relief from the non-dissemination order is approaching, we discuss the 6/2/23 Supplemental Memorandum in Support of the Motion to Vacate the Non-Dissemination Order submitted by the Intervenors (media coalition). Here, they make the argument that the state and defense (who obtained the gag order in January 2023) should not now in retrospect be perm...

n Episode 84, we address the state of Idaho's June 6, 2023 supplemental response to the defense's motion for release of grand jury materials when had been set for hearing the day before to occur on June 27, 2023. Here we learn that the parties were unable to agree to the proposed stipulation for release of these materials which the state discussed in its response to the defense's motio...

In Episode 83, we discuss two notices of hearing, both of which set for hearing defense motions regarding the release of documents from the "secret" grand jury proceedings leading to Mr. Kohberger's indictment. Both hearings were set to occur before Judge Judge on June 27, 2023. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guil...

In Episode 94, we discuss the intervenors (a/ka/ media coalition's) 6/8/23 reply to the responses from state/defense opposing opposing setting aside the non-dissemination order and the reply to the response to state/defense oppositions to cameras in the courtroom. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To...

In Episode 82, we discuss the fact that on June 2, 2023, eight (8) separate journalists employed by members of the media coalition submitted declarations describing how the gag order prevented them from doing their jobs. One declaration was submitted by Angenette Levy of Law & Crime who states she requested but was unable to obtain such things as body cam footage from Mr. Kohberger's Augus...

In Episode 81, we evaluate the court docket for May 31, 2023 revealing five separate Orders to Seal and Redact Warrants Evidence Obtained from AT&T Mobility, SnapChat and three others. The Order to Seal and Redact on the State of Idaho's Motion to Seal and Redact states a hearing was held via zoom on April 28, 2023 at yet further hearings the public had no notice of until the order was pub...

In Episode 80, we address the State's Response to the Defense's Request to enlarge the deadline for pre-trial motions to be filed with the October 2, 2023 jury trial date approaching. We discuss why a party might seek such an enlargement of time and give an example of a pre-trial motion that might be filed in a case. Mr. Kohberger is presumed innocent of these crimes until or unless he ple...

In Episode 79, we address the first request for discovery the state of Idaho has filed in this case. It is dated May 23, 2023 and is combined with a demand for any alibi defense Mr. Kohberger intends to introduce at trial. We discuss some of the discovery items requested, and note that state is only asking for this discovery to the extent Mr. Kohberger intends to introduce it at trial. Mr. Kohberg...

In Episode 78, we discuss the Trial Order entered on May 23, 2023 setting a jury trial to occur commencing October 2, 2023. In this episode we address the Sixth Amendment to the United States Constitution and the related protections encompassed therein associated with the scheduling of Mr. Kohberger's trial. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or...