Kathy's InDieZoNe

In Episode 77, we address two filings related to the 5/22/23 scheduling conference addressed in Episode 77 concerning outstanding motions for relief from the NonDissemination Order. These filings have now set the pending motions for hearing on 6/9/23 and also set deadlines for additional matters to be briefed, such as whether cameras should be allowed in the courtroom. Mr. Kohberger is presumed in...

In Episode 76, we discuss the Minutes docketed 5/23/23 regarding the 5/22/23 scheduling conference. Per the minute multiple parties appeared before the Court, including counsel for the intervenors/media coalition, the Goncalves family, and several attorneys for both sides. The issue before the Court was scheduling of various pending motions relative to the non-dissemination order which the interve...

In Episode 75, we discuss the May 22, 2023 Custody Status Order entered by the Court following the Indictment proceeding of that date. This order provides instructions concerning Mr. Kohberger's continued custody by the Latah County Sheriff's Department pending the next hearing. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in...

In Episode 74, we discuss the events that occurred during Mr. Kohberger's May 22, 2023 arraignment hearing which establishes the official start of matters which will culminate in 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's file, please go here: https://coi.isc...

In Episode 73, we discuss certain of several items available on the public docket dated May 19, 2023. Amongst these are a motion requesting the release of grand jury materials to the parties and an order directing the the proceedings are not to be live streamed or recorded. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of la...

In Episode 72, we discuss a motion and order on that motion to seal the names of the witnesses to the grand jury proceedings both of which are dated May 17, 2023. The motion, which was submitted by the State of Idaho, asks for this relief on the grounds that the state is aware of other witnesses, potential witnesses, their family members and associates have received harassment, intimidation and th...

In Episode 71, we address the May 16, 2023 filing entitled "Indictment." This document states the Grand Jury of Latah County accused Mr. Kohberger of Counts I-V all felonies: Burglary and the First Degree Murders of Madison Mogan, Kaylee Conclaves. 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...

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...