Kathy's InDieZoNe

Episode 45 is Part I of a 2 part episode discussing the 2/27/23 Order to Seal and Redact, dated on the public docket 2/28/23, concerning a search warrant issued and inventory returned by Amazon. In reviewing the Order, we learn that a Zoom hearing was held on 2/10/23 on the court's own motion with findings of fact made "on the record" with no notice of hearing, motion and with no min...

In Episode 44, we discuss a 2/8/23 Order granting the 2/28/23 Motion to Temporarily Seal a Stipulation to Release Property and Documents pending hearing filed by the State also on 2/28/23 (addressed in Episode 43 of this continuing series). Mr. Kohberger has been charged with four counts of the first degree murders of Madison Mogan, Kaylee Goncalves, Xana Kernodle and Ethan Chapin and burglary. Mr...

In Episode 43 we address the 2/28/23 order granting the State of Idaho's 2/28/23 Motion to Temporarily Seal a Stipulation to Release Property and Documents (discussed in Episode 42). We learn here that the Court has entered a temporary order that is effective until April 1, 2023 or further order of the Court. Mr. Kohberger has been charged with four counts of the first degree murders of Madiso...

In Episode 42, we discuss a 2/28/23 Motion to Temporarily Seal a Stipulation to Release Property and Documents pending hearing which was filed by the State. One of the five reasons proffered is that to not grant this relief would "disclose the identity of a confidential source." Mr. Kohberger has been charged with four counts of the first degree murders of Madison Mogan, Kaylee Goncalves...

In Episode 41, we discuss a 2/27/23 filing by Mr. Gray attorney to the Goncalves family requesting the unsealing of records from a 1/27/23 hearing concerning a potential conflict of interest of defense counsel. This filing advises that Mr. Gray and his clients only learned about the hearing after meeting with the Prosecutor's office and certain investigators on 2/8/23. The alleged or potential...

In Episode 40, we discuss a 2/28/23 Notice filed by the Court which addressed the then-pending 2/3/23 Motion seeking relief from the Non-Dissemination Order filed by a private attorney for one of the victim's family members. This Notice also addressed a pending matter before the Idaho Supreme Court filed by the Associated Press and other members of the media regarding the same Non-Disseminatio...

In Episode 39, we learn that a Stipulation between the prosecution and defense was filed on 2/24/23 requesting that the Court unseal the attached "redacted" version of a memorandum summarizing a 1/13/23 conference called by the Court. In the attached, we learn that 2-3 attorneys for certain prospective witnesses attended but that the names of counsel and these witnesses are heavily redac...

In Episode 38, we address the State of Idaho's 2/21/23 Response to the Defendant's 1st Supplemental Request for Discovery. As we learned in Episode 37, an Order was also entered on 2/21/23 mandating that "Exhibit A" to this 1st Supplemental Request for Discovery - describing what the defense was asking for - was to be filed under seal. Mr. Kohberger has been charged with four cou...

In this episode, recorded 6/4/24, opinions are provided under the First Amendment inquiring whether the 12/29/22 Affidavit of Probable Cause signed by Detective Brett Payne is an Affidavit as compared to the 2/9/23 Affidavit of William Thompson. If not, the rhetorical question is asked whether it was sufficient to support the 12/29/22 request for the issuance of an arrest warrant and all that tran...

In Episode 37, the 2/21/23 order on the Stipulation between the parties to file Defendant's Exhibit A to Defendant's First Supplemental Discovery Request describing the specific discovery requested (addressed previously in Episodes 33-34) was entered. We learn in this episode that following a 2/10/23 hearing and Findings of Fact made on the record (the public record does not include the No...

In Episode 36, we learn that on 2/9/23 the defense submitted a filing opposing attorney Shannon Gray's motion on behalf of himself and the Goncalves family regarding the Non-Dissemination Order. In doing so, this is a rare occasion when the defense has joined in and agrees with the prosecution on a legal issue in this case. In Episode 35, we learned that the prosecution submitted two papers on...

In Episode 35, we learn that on 2/8/23 the prosecution filed two documents opposing a prior motion by attorney Shannon Gray on behalf of himself and the Goncalves family regarding the Non-Dissemination Order. The is a memorandum relating reasons and legal authority why the motion should be denied. The second, an Affidavit of William W. Thompson in support thereof, claims that the Goncalves family...

In Episode 34, we learn the answer to a question presented in Episode 33 of a missing "Exhibit A" to the defense's 2/3/23 request for supplemental discovery. In this episode we discuss a 2/8/23 Stipulation, filed 5 days after the discovery request referring to the aforementioned missing "Exhibit A" that the attorneys for both sides stipulated "Exhibit A" was to be...

In Episode 33, a further example of a matter hidden from the public's view is discussed. On 2/3/23, the defense filed a Supplemental Request for Discovery referring to items described in "Exhibit A." However, we learn in Episode 33 that no such exhibit appears on the docket, no explanation of what this exhibit states is provided, and no details are given why this item was not publish...

In Episode 32, we learn that Attorney Shannon Gray who had been retained to serve as a private attorney to one of the victim's families, filed three documents in this case on 2/3/23 including a Notice of Appearance. Here, we also discover that he filed a Memorandum of Law and Affidavit in Support of a Motion appealing and/or seeking clarification of the Non-Dissemination. Order. We furthermore...

In Episode 31, the State of Idaho's 1/23/23 Response to Mr. Kohberger's initial discovery request is addressed along with a Response by the defense to the State's own discovery request. Episode 31 addresses the fact that the State's initial discovery request responded to by the defense on 1/30/23 does not appear on the docket. Mr. Kohberger has been charged with four counts of the...

In Episode 30, we learn that on 1/18/23 the Court entered an "Amended" Nondissemination Order to the prior Nondissemination Order signed 1/3/23. We learn in Episode 30 this order is more expansive, in that it included more groups of individuals (such as witnesses, victims, family members of victims, and their respective attorneys) and also defined further barred specific acts than the fi...

In Episode 29, we learn that Mr. Kohberger made his second appearance in an Idaho court on 1/12/23. During this brief four minute long proceeding, he waived his right to a speedy Preliminary Hearing. Attorneys for both sides agreed to a Preliminary Hearing at the end of June. Also in this episode, we learn that the Court scheduled the Preliminary Hearing over a period of five days, beginning on Ju...

In Episode 28, we learn that following the physical transfer of Mr. Kohberger by the authorities in Pennsylvania to the authorities in Latah County, Idaho on 1/4/23 that he made his first appearance in an Idaho court on 1/5/23. In this episode we review various documents regarding that first appearance where Mr. Kohberger was for the first time charged in open court with four counts of the first d...

In Episode 27, we learn that on 1/3/23 the parties filed a Stipulation for a Non-Dissemination (a/k/a "gag") order preventing attorneys, law enforcement and investigators from making any out-of-court statements except to quote from the record. Also in this episode we learn that the court entered an order to this effort also on 1/3/23. Mr. Kohberger has been charged with four counts of th...

In Episode 26, we learn that on 1/3/23 a hearing was held in Pennsylvania where Mr. Kohberger waived his right to fight extradition to Idaho, and that he signed a document in open court that day certifying that he was doing so of his own free will. Pursuant to this order, Mr. Kohberger was to have been returned to Idaho within 10 calendar days. To review the order and Mr. Kohberger's waiver of...

Episode 25 is a continuation of Episode 24 discussing (approved) applications for search warrants in Pennsylvania where Mr. Kohberger was arrested supported by "The Statement of Brett Payne." These search warrants contained a listing of items sought based on Detective Payne's statement, including four (4) buccal swabs of Mr. Kohberger's DNA, the 2015 Elantra, and evidence that mi...

Episode 24 discusses "The Statement of Brett Payne" which is attached as "Exhibit A" to search warrants applied for by the Pennsylvania State Police. This statement requested that the authorities in Pennsylvania obtain search warrants securing certain items from Mr. Kohberger's person, from his parents home, and to also seize his 2015 Elantra which Detective Payne, as withi...

In Episode 23, we address the "Police Criminal Complaint" filed in Pennsylvania on 12/30/22 following Mr. Kohberger's arrest based on the Idaho warrant. This document contains Affidavits of Probable Cause signed by two Pennsylvania State Troopers and discusses proceedings which were scheduled in Pennsylvania while Mr. Kohberger was detained in the Monroe County Department of Correcti...

In Episode 22, we learn that a court file styled as Commonwealth of Pennsylvania v. Bryan C. Kohberger, Case No. 682 MD 2022 was opened at the time of Mr. Kohberger's arrest there. They include search warrants for such items as his Hyundai Elantra and the home where Mr. Kohberger was arrested at. Also included in this file are a Police Criminal Complaint (Monroe County, PA) and documents from...