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Showing episodes and shows of
Kathy DiTondo
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Kathy's InDieZoNe
Episode 524: Invitation to Live Event on In Limine Hearings, April 9-10, 2025
In Episode 524, we invite you to a special live event on the Kathy IndieZone You Tube Channel on April 9-10, 2025. We explain why the hearings set for April 9-10, 2025 are so crucial as the parties, in their last opportunities to persuade Judge Hippler to enter orders in their favor on the multiple Motions in Limine, at these upcoming hearings on the multiple pending Motions in Limine. To view documents from the Idaho v. Kohberger case file please go to the Idaho Cases of Interest website and scroll down to this case or, go here:
2025-03-24
04 min
Kathy's InDieZoNe
Episode 334: Order on defense's motion for a "Franks" hearing
In Episode 334, we address Judge Hippler's Order of November 22, 2024 raising several concerns with the defense's submission of a motion and memorandum in support of a Franks (referring to Franks v. Delaware) hearing. The court here describes a situation where over 2000 pages of largely irrelevant documents were produced and tells defense that it is not the court's job to do the defense's - in seeking the court to grant this important hearing. The court has granted defense until November 26, 2024 to resubmit a proper filing citing with specificity the supporting evidence and excluding irrelevant items. Mr. Kohberger is presumed innocent of...
2024-11-24
04 min
Kathy's InDieZoNe
Episode 333: Order denying 2 State motions to strike defense memoranda
In Episode 333, we discuss Judge Hippler's November 21, 2023 order denying State's motion to strike two very critical memoranda filed by the defense for violations of two local rules of court. At issue were the Defense's memorandum in support of motion to suppress IGG/DNA evidence and for a Franks 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 here: https://coi.isc.idaho.gov
2024-11-24
04 min
Kathy's InDieZoNe
Episode 332: Is a change in prosecuting team coming (Idaho v. Kohberger)
In Episode 332, we discuss the November 19, 2024 state of Idaho's Petition, filed by Latah County Prosecuting Attorney William W. Thompson, Jr., for appointment of special assistant attorneys general. Mr. Thompson speaks in terms of a need for a "transition" of assigned deputy attorneys I the case due to its expected duration. 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
2024-11-21
04 min
Kathy's InDieZoNe
Episode 331: Order denying all motions to Strike DP
In Episode 331, we discuss Judge Steven J. Hippler's Nov. 20, 2024 Order and Memorandum denying all 12 defense motions challenging the various aspects of Idaho's capital punishment scheme - i.e. "the DP motions." The court announced his decision on page 2 and then spends the remainder of the lengthy 35 page order explaining why he ruled the way he did. 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
2024-11-21
04 min
Kathy's InDieZoNe
Episode 330: More about "Franks v. Delaware" and defense's efforts to obtain a Franks hearing
In Episode 330, we address what defense's burden is to obtain the "Franks" hearing before Judge Hippler they seek to suppress or even get certain key evidence thrown out by challenging affidavits issued by law enforcement to secure those warrants. 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
2024-11-20
04 min
Kathy's InDieZoNe
Episode 329: Defense motion to suppress evidence in Pennsylvania (Nov. 14, 2024)
In Episode 329, we discuss the defense's Motion to Suppress and Memorandum in Support RE: Pennsylvania Search Warrant for 119 Lamsden Drive, Albrightsville, PA and statements made (at his family's home where he was at the time of his arrest on December 30, 2022). We point out that a rare series of words located on page 16 of the motion is completely redacted concerning statements Mr. Kowberger may have made before he was "Mirandized" which defense seeks to have suppressed if State intends to use this (redacted) statement. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is...
2024-11-20
04 min
Kathy's InDieZoNe
Episode 328: Defense's request for a rare "Franks" hearing
In Episode 328, we address the defense's November 14, 2024 exceedingly rare request for a "Franks hearing" which states that a proffer and exhibits (under seal) have been served and will be filed in person no later than November 18, 2024. Defense here appears t one challenging the truth of information that is used to support a warrant or warrants that were filed by law enforcement in this case and raising state and federal constitutional law in support of the relief defense requests. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court...
2024-11-18
04 min
Kathy's InDieZoNe
Episode 327: Motion to suppress evidence resulting from entry into Mr. Kohberger's car
In Episode 327, we address the Nov. 14, 2024 Motion to Suppress and Memorandum in Support regarding the alleged "Suspect Vehicle 1" (as described in the Affidavit of Probable Cause) Mr. Kohberger's 2015 white Hyundai Elantra seized in Pennsylvania while he was visiting his family home in Pennsylvania. We address the fact that defense is stating that there was an illegal search of the car and therefore all evidence associated with the seizure of his vehicle is properly suppressed. 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...
2024-11-18
04 min
Kathy's InDieZoNe
Episode 326: Defense Motion to Suppress IGG/DNA evidence (Nov. 14, 2024)
In Episode 326, we address the much-anticipated November 14, 2024 defense motion to suppress IGG/DNA evidence as illegal obtained from Mr. Kohberger and in violation of federal and state constitutional law. We address such matters that the legal authority and argument cited in defense's memorandum of law and exhibits appears to be a possible "case of first impression" 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
2024-11-16
04 min
Kathy's InDieZoNe
Episode 325: Quick update on multiple filings of November 14, 2024
In Episode 325, we discuss the items that hit the docket on November 15, 2024 concerning the November 14, 2024 deadline for discovery related motions and motions to suppress. 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
2024-11-15
03 min
Kathy's InDieZoNe
Episode 324: Docket watch: deadlines on motions to suppress evidence & to compel discovery
In Episode 324, we return to the October 9, 2024 pretrial order to note the deadlines to file any outstanding motions to compel and I.C.R. 12 motions including motions to suppress evidence, such as the knife sheath, IGG, etc., and to compel discovery are due November 14, 2024. We discuss other deadlines associated to these matters and oral argument on these matters on January 23-24, 2025. 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...
2024-11-09
04 min
Kathy's InDieZoNe
Episode 323: Order granting defense's motion to file additional documents under seal
In Episode 323, we address the court's (second) order authorizing the defense to file documents under seal regarding the October 8, 2024 closed hearing concerning the renewal of defense counsel's contract to represent Mr. Kohberger. 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
2024-11-09
03 min
Kathy's InDieZoNe
Episode 322: Another motion to seal records, this time related to November 7, 2024 "hearing"
In Episode 322, we address the Defense's motion for permission to file exhibits under seal for the hearing on November 7, 2024. We note that there was not one hearing, but multiple hearings that day, and that this motion does not specify which hearing or hearings the motion is applicable to. We also express our continuing concerns over the enormous amount of documents that continue to be withheld from the public, here on the grounds of protecting privacy and the right to a fair trial without offering any explanation whatsoever how release of these documents to the public in this specific instance...
2024-11-09
04 min
Kathy's InDieZoNe
Episode 321: Our concerns regarding motion to file more documents under seal
In Episode 321, we discuss the Defense's Motions for Permission to File Under Seal Documents Related to the Closed Hearing Held on October 8, 2024 on the grounds of privacy and a right to a fair trial. We provide our concerns regarding this document and the large amount of items that remain under seal in this case nearly two years after the crimes at 1122 King Road occurred. 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...
2024-11-09
04 min
Kathy's InDieZoNe
Episode 320: Judge Hippler's Nov. 6, 2024 Order & Why It Was a Good Idea
In Episode 320, we address Judge Hippler's November 6, 2024 Order communicating in advance the order of multiple hearings set for oral argument and time limitation per matter for multiple November 7, 2024 hearings. We give our opinion here why this was an excellent manner to maintain court control and ensure due process at oral argument on motions, responses, and replies filed in Sept.-Oct. 2024 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
2024-11-08
04 min
Kathy's InDieZoNe
Episode 319: Another discovery request filed under seal
In Episode 319, we evaluate the Defense's 18th Supplemental Request for Discovery filed on October 31, 2024 with items requested described in an attachment which is not published. We address what a "supplemental" discovery request means, discuss the prior discovery requests, and concerns about the continuing "secrecy" of the case. 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
2024-11-07
02 min
Kathy's InDieZoNe
Episode 318: Motion and Order authorizing correction of title to one defense filing
In Episode 318, we evaluate the defense's October 24, 2024 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Vagueness in Balancing Aggravators and Mitigation filed with Court by the defense on September 5, 2024 due to a scrivener's error. The defense makes clear they are only seeking to amend the caption of the filing while standing by all content included therein. On October 28, 2024 Judge Hippler finding good cause authorized the caption to the September 5, 2024 filing to be so corrected. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty...
2024-11-03
03 min
Kathy's InDieZoNe
Episode 317: Reply, Speedy Trial/Ineffective Assistance of Counsel
In Episode 317, we review the in our opinion "too brief" Defense Reply to State's Objection to Defendant's Motion to Strike the Death Penalty on Grounds of State Speedy trial preventing Effective Assistance of Counsel. This Reply addresses two critical constitutional guarantees but does not - in our opinion - include enough specific citations to law, or to Defense's original motion and the State's response thereto. 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...
2024-10-30
03 min
Kathy's InDieZoNe
Episode 316: Reply addressing trifurcation of proceedings
In Episode 316, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response objecting to the Defense's motion to trifurcate the proceedings, which defense notes here Mr. Kohberger's counsel Mr. Logsdon took part in trifurcation of a prior Idaho case and it is not difficult to do. 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
2024-10-29
04 min
Kathy's InDieZoNe
Episode 315: Reply regarding "utter disregard" aggravator
In Episode 315, we address the Defense's October 24, 2024 Reply to the State of Idaho's Response to State's Objection to Defendant's motion to strike the utter disregard (for human life) aggravator. Defense cites to a 1981 Idaho Supreme Court ruling and argues that the Court changed the aggravator and changed it, asserting the Court "stopped itself" from having to hold the aggravator unconstitutional which it was and continues to be. 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...
2024-10-29
04 min
Kathy's InDieZoNe
Episode 314: Defense argues the courts usurped authority in enacting an "HAC" aggravator
In Episode 314, we address the Defense's October 24, 2024 Reply to the State of Idaho's Reply to State's Objection to Defendant's motion to strike HAC (heinous, atrocious, cruel) aggravator. Here, the Defense argues the HAC aggravator was not passed by the Idaho legislature but that the courts have usurped their authority by enacting law and asserts "Mr. Kohberger cannot be put to death on the grounds of an aggravator that was not adopted by the legislature." 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...
2024-10-29
04 min
Kathy's InDieZoNe
Episode 313: Reply on contemporary standards of decency as grounds to strike DP
In Episode 313, we discuss the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Reply to State's Notice of Intent to seek death penalty on grounds of contemporary standards of decency. Defense provides evidence of evolving standards of society across the country and that Idaho has not put anyone to death in many years, which should be taken into account and strike the death penalty accordingly. 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...
2024-10-29
04 min
Kathy's InDieZoNe
Episode 312: Defense charges State with "ignoring" multiple victims aggravator argument
In Episode 312, we review the Defense's October 24, 2024 Reply to the State of Idaho's Objection to Defendant's Motion to Strike Multiple Victims Aggravatos. Here, the Defense charges the State of ignoring his argument the multiple victims aggravator is unconstitutional and has set up a a "strawman argument," thus there is nothing Defense can Reply to. 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
2024-10-29
03 min
Kathy's InDieZoNe
Episode 311: Reply to State's Objection to strike DP on the grounds of international law
In Episode 311, we discuss the defense's October 24, 2024 Reply to the State of Idaho's Response objecting to Mr. Kohberger's motion to strike Idaho's death penalty scheme on the grounds that it violates international law, and specifically international treaties the U.S. government and therefore the State of Idaho is bound to. 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
2024-10-28
04 min
Kathy's InDieZoNe
Episode 310: Reply to objection to defendant's motion regarding non statutory aggravators (10/24/24)
In Episode 310, we discuss the defense's October 24, 2024 Reply to the State's Objection to Defendant's Motion regarding non statutory aggravator evidence. We note here that Defense is raising "notice" which is part of Mr. Kohberger's due process privileges here and asserts the State has incorrectly applied the State's reliance on a 1983 Idaho Supreme Court case in its objection. 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
2024-10-28
04 min
Kathy's InDieZoNe
Episode 309: Reply to Objection to Authorize Dr. Wolf to testify as an expert
In Episode 309, we discuss the Defense's October 24, 2024 reply to the State's Objection to Dr. Wolf's appearance as an expert witness at Defense's oral argument on their motion to strike the death penalty, currently scheduled to occur on November 7, 2024. 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
2024-10-28
03 min
Kathy's InDieZoNe
Episode 308: Reply to Objection to U of I Professor Cover appearing as an expert witness
In Episode 308, we discuss the Defense's Oct. 24, 2024 Reply to the State's Objection to Professor Cover's appearance as an expert witness at Defense's oral argument on their motion to strike the death penalty. We note here that Professor Cover is a law professor at the University of Idaho, which where the Madison Megan Kaylee Goncalves, Ethan Chapin and Xana Kernodle attended classes at the time of their murders on November 13, 2022. 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...
2024-10-28
04 min
Kathy's InDieZoNe
Episode 307: An Opinion on the Continued "Super-Secrecy" of the Case, in light of the Oct. 18, 2024 order to seal another document
In Episode 307, we provide an opinion pursuant to the First Amendment to the United States Constitution (Freedom of Speech and the Press) with respect to the Order rendered by the Court deeming that the Defense's Motion regarding Voir Dire procedures be withheld from the public on the grounds of privacy (of unnamed individuals). 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
2024-10-28
04 min
Kathy's InDieZoNe
Episode 306: State's response and order on defense's motion for Dr. Wolf to testify remotely
In Episode 306, we review the State's October 17, 2024 Response raising no objection to Dr. Wolf's testifying remotely as requested by Defense. However, the State reminds the Court they have a pending objection to Dr. Wolf's being permitted to testify as an expert witness at the November 7, 2024 oral arguments on defense's various motion to strike death penalty notice. We also note that Judge Hippler granted the defense's request that Dr. Wolf be permitted to testify remotely (if she is authorized to testify as an expert by the Court). Mr. Kohberger is presumed innocent of these crimes until or unless he pleads...
2024-10-28
04 min
Kathy's InDieZoNe
Episode 305: Motion for permission for Dr. Wolf appear remotely at Nov. 7 hearing
In Episode 305, we review the defense's Motion for Order Permitting Remote Participation for Defense Witness (Dr. Barbara Wolf) at an extremely important hearing virtually rather than in person: The November 7, 2024 hearing on defense's September 5, 2024 motions to strike the death penalty notice. We note that the State has an objection to Dr. Wolf's testifying at hearing which has not yet been ruled on as of yet and which is a separate matter than her participation remotely if Dr. Wolf is permitted to testify. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated...
2024-10-27
04 min
Kathy's InDieZoNe
Episode 304: Order concerning requesting records & audio recordings from hearings (10/11/24)
In Episode 304, we review Judge Hippler's October 11, 2024 order outlining how the public may obtain public records, or request audio recordings from prior hearings including those conducted in Latah County and how to request sealed records. 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
2024-10-27
04 min
Kathy's InDieZoNe
Episode 303: State's amended certificate of delivery showing DP filings were served on all defense counsel (10/10/24)
In Episode 303, we evaluated the State's October 10, 2024 "Amended Certificate of Delivery" certifying all of the State's October 9, 2024 filings responding to the Defense's September 5, 2024 motions and filings objecting to the possible imposition of the death penalty were served on one defense counsel - Anne Taylor, Esq. This amended document now certifies that on October 10, 2024 said documents were served on Anne Taylor, Esq., Jay Logsdon, Esq. and Elissa Massoth, Esq. 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...
2024-10-24
04 min
Kathy's InDieZoNe
Episode 302: State's objection to motion regarding non statutory aggravating evidence challenging DP notice (10/9/24)
In Episode 302, we discuss the State of Idaho's 10/9/24 Objection to Defendant's 9/5/24 Motion Regarding NonStatutory Aggravating Evidence - as to objecting to the imposition of the death penalty as a possible sentence. We address the fact that defense raises lack of "notice" in violation of due process, which Mr. Kohberger has done in the past including when he infamously alleged Judge John Judge in Latah County in Match 2023 entered the equivalent of a restraining order preventing Dr. Edelman from continuing conducting his survey in support of change of venue. We also discuss that the State asserts Defense is making arguments...
2024-10-24
04 min
Kathy's InDieZoNe
Episode 301: Objection to trifurcation of proceedings (10/9/24)
In Episode 301, we discuss the State of Idaho's 10/9/24 Objection to Defendant's 9/5/24 Motion to Trifurcate Proceedings and Apply Rules of Evidence during Eligibility Phase. Here, the State asserts that Idaho law allows for two proceedings within the case, the culpability (or case-in-chief) and then if found guilty, a sentencing phase not three as defense asserts (culpability, eligibility, and sentencing). 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
2024-10-22
04 min
Kathy's InDieZoNe
Episode 300: State's Response to Defendant's Motion to Strike Aggravator on the grounds of "mootness" (10/9/24)
In Episode 300, we address the State of Idaho's 10/9/24 Response to defendant's Motion to Strike Felony Murder Aggravator on the grounds that the issue is "moot." Here we note the State indicates that per an Amended Notice to amend the Death Penalty Notice, also filed 10/9/24, "the State will no longer be pursuing the felony murder aggravator." 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 Ada County, Idaho...
2024-10-21
04 min
Kathy's InDieZoNe
Episode 299: Objection opposing striking of DP based on international law (10/9/24)
In Episode 299, we discuss the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike Notice of Intent to Seek Death Penalty on grounds of international law, filed by defense on 9/5/24. Here, the State urges the court to disregard this "novel" argument and do as a sister Idaho district court did in rejecting a similar motion: State v. Richard Ross. 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
2024-10-21
04 min
Kathy's InDieZoNe
Episode 298: State's objection to strike the "HAC" aggravator (10/9/24)
In Episode 298, we review the State's 10/09/24 objection to the Defense's 9/5/24 motion to strike the "HAC" (Heinous, Atrocious and Cruel) statutory aggravator as sought by State in notifying defense it would seek the death penalty if Mr. Kohberger is adjudicated guilty. The state law takes the position that the constitutionality of the HAC aggravator has been upheld. 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 Ada County...
2024-10-18
04 min
Kathy's InDieZoNe
Episode 297: State's objection to motion to strike multiple victim's aggravator
In Episode 297, we evaluate the State of Idaho's 10/9/24 State's objection to Defense's (9/5/24) motion to strike multiple victim's aggravator as to the State's 2023 Notice of intention to seek death penalty if Mr. Kohberger is adjudicated guilty. The State here alleges the Defense's motion should be denied because it does not cite any binding legal authority to strike the multiple victims aggravator, and is instead is attempting to craft a public policy argument and is meritless. 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...
2024-10-18
04 min
Kathy's InDieZoNe
Episode 296: State's Objection, Future Dangerousness (aka Propensity) in seeking DP (10/9/24)
In Episode 296, we evaluate the State of Idaho's 10/9/24 Objection to Defendant's Motion to Strike the Future Dangerousness Aggravator. Here, the State claims the defense has conceded "from the outset" that his (9/5/24) Motion to Strike the Future Dangerous Aggravator (aka the propensity aggravator) flies in the face of state and federal precedent and therefore is properly denied. 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 Ada County...
2024-10-16
04 min
Kathy's InDieZoNe
Episode 295: State's Objection to Motion to Strike DP on Conflict between Speedy Trial/Effective Assistance of Counsel (10/9/24)
In Episode 295, we address the State's 10/09/24 Objection to Defendant's Motion to Strike the death Penalty on Grounds of State Speedy Trial Preventing Effective Assistance of Counsel, responding to defense's filing of 9/5/24. We discuss what the legal concept of "speedy trial" means. 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 Ada County, Idaho has established a special webpage for the Idaho v. Kohberger case here: https://adacounty...
2024-10-15
04 min
Kathy's InDieZoNe
Episode 294: State's Opposition to Striking of DP on the Grounds of Modern Standards of Decency (10/9/24)
In Episode 294, we address the State's 10/9/24 Opposition to Defendant's 9/5/24 Motion to Strike State's Notice of Intent to Seek Death Penalty on the Grounds of Contemporary Standards of Decency. We discuss that there has been an amendment to the original notice of seeking DP which the State has not noted here, which the defense's 9/5/24 motion was based on and whether the defense will raise this fact in its Reply. 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...
2024-10-15
04 min
Kathy's InDieZoNe
Episode 293: State's Objection to Expert Testimony from Board Certified Pathologist Dr. Wolf (10/9/24)
In Episode 293, we review the State's Objection to the defense's submission of Dr. Barbara Wolf, a board certified pathologist from proffering expert testimony in this case in defense's quest to strike the notice of seeking death penalty. The State argues that the proffering of Dr. Wolf does not satisfy the Idaho rules of evidence for experts, will not provide testimony that is helpful to the trier of fact, and should not be permitted to serve as an expert here. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a...
2024-10-13
04 min
Kathy's InDieZoNe
Episode 292: State's Objection to Expert Testimony From Aliza P. Cover (10/9/24)
In Episode 292, we address the State of Idaho's 10/9/24 Objection of Expert Testimony from (University of Idaho Professor) Aliza P. Cover on the grounds that Professor Cover's testimony would not be helpful and that it is well-established that conclusions of law from an expert witness is generally excluded. The State addresses the law review article written by Professor Cover described in her expert report. The State refers to it as an impermissible "legal analysis" and that her view on the Supreme Court's position on the death penalty should be argued by defense counsel not an expert witness. Mr. Kohberger is...
2024-10-13
04 min
Kathy's InDieZoNe
Episode 291: State's Amended DP Notice and 2 other related documents filed 10/9/24
Disclaimer: Please review Episode 290 before listening to this directly related Episode 291. Here, we address the State of Idaho's October 9, 2024 Amended (death penalty) Notice Pursuant to Idaho Code Section 18-4004A. We review the remaining four statutory sections the State claims remain following the withdrawal of the fifth of the extenuating circumstances to seek the DP. Also discussed are the defense's notice of no objection, and the court's order authorizing the amendment. 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...
2024-10-12
04 min
Kathy's InDieZoNe
Episode 290: State's Motion to Correct Grounds Seeking the DP (10/9/24)
In Episode 290, we address the State of Idaho's October 9, 2024 Motion for Leave to Amend (death penalty) Notice Pursuant to Idaho Code Section 18-4004A, which essentially seeks to correct the State's filing of June 26, 2023 notifying the defense it would seek this ultimate penalty if Mr. Kohberger were adjudicated guilty in the case-in-chief. Here, we address the fact that the State is now withdrawing one of the aggravating factors they had previously represented was present since June 26, 2024. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law...
2024-10-12
04 min
Kathy's InDieZoNe
Episode 289: The secret civil case the public learned of on October 9, 2024
In Episode 289, we address the 10/8/24 "Request for Appointment and Transfer of Case" which appeared on the public docket 10/9/24. This is actually an order signed by Judge Hippler which gave notice to the public of a sealed separate civil case bearing Case No. CV-29-23-28 in Lath County and asks the Idaho Supreme Court to transfer that civil case to Ada County. We provide opinions per the First Amendment of ongoing concerns regarding the secrecy of the case. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court...
2024-10-11
04 min
Kathy's InDieZoNe
Episode 288: A "confusing" amended trial order (10/9/24)
In Episode 288, we address what we find to be a confusing 10/9/24 amended trial order called "Redacted Order Governing Further Criminal Proceedings and Notice of Trial Setting" vacating the prior 6/27/24 trial order entered by Judge John Judge. There is no clarification for instance explaining the date when jury questionnaires will be administered to the jury pool is "REDACTED" per this Order. 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
2024-10-10
04 min
Kathy's InDieZoNe
Episode 287: 3 filings concerning sealing of further documents (10/8/24)
In Episode 287, we address three items published on the docket on 10/8/24 related to the closed sealed hearing that date regarding Mr. Kohberger's continued representation. The first two are filings submitted by defense seeking permission to file documents under seal related to defense counsel's contract to protect confidential matters and the right to a fair trial; The third is an order granting this relief. We give our opinion that these are financial matters and it is unclear why this information is properly withheld from the public when the public is footing the bill for defense counsel's legal services as well...
2024-10-10
04 min
Kathy's InDieZoNe
Episode 286: Has defense counsel withdrawn from case due to lack of contract?
In Episode 286, we address the Court's 10/02/24 order entitled "Order Regarding Representation Status and Setting Hearing" addressing the representation status of defense counsel. As the Order begins by stating "By this Order, the Court directs that current defense counsel, Anne Taylor, Elisa Massoth and Jay Logsdon, shall remain as counsel of record of Defendant unless they are relieved by a subsequent order of this Court" and Ms. Taylor's statement at the 9/26/24 hearing where she addressed the lack of a defense contract and also payment for defense experts we provide our opinions that defense counsel may have addressed withdrawal due to...
2024-10-03
04 min
Kathy's InDieZoNe
Episode 285: What's Next in the Idaho 4 Case? (9/30/24)
In Episode 285, we discuss what we can expect to see appearing next on the court docket, which we feel will be the order resetting the June 27, 2024 scheduling order setting all pre-trial matters and trial to occur commencing June 2, 2025. We address this prior scheduling order and discuss what pre-trial matters occurred pursuant to that prior scheduling order and what still needs to be re-set. 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...
2024-09-30
04 min
Kathy's InDieZoNe
Episode 284: Order temporarily granting defendant authorization to wear street clothes at 9/26/24 hearing
In Episode 284, we discuss the 9/25/24 order authorizing Mr. Kohberger to attend the 9/26/24 hearing in street clothing as requested in the 9/20/24 defense motion. We also address the reasons why the Court only granted temporary relief as requested by the defense, and that a follow-up hearing will be conducted outside of Mr. Kohberger's presence regarding whether he would be permitted to attend all future hearings in street clothing - and why. 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...
2024-09-27
04 min
Kathy's InDieZoNe
Episode 283: Boise, do we have a problem? (Editorial)
In Episode 283, we note that on 9/24/24 Judge Hippler denied Fox-News's 9/23/24 request to record the 9/26/24 Case Management Conference where Mr. Kohberger is ordered to appear live in court - just as the Court denied KTVB-TV's, the NBC affiliate in Boise, similar request on 9/20/24 was also denied. Meantime, Mr. Kohberger's 9/20/24 motion to appear at public hearings in street clothing not jail clothing, which is unopposed as of 9/25/24 was not ruled upon. 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...
2024-09-26
04 min
Kathy's InDieZoNe
Episode 282: 24 hours before 1st public hearing w/no ruling on (unopposed) motion for Mr. Kohberger to wear street clothing at public hearings
In Episode 282, recorded approximately 24 hours before Mr. Kohberger's first public hearing in Ada County on 9/26/24 that the court had not yet ruled on defense's 9/20/24 motion for Mr. Kohberger to wear street not jail clothing at all public hearings. We note that the defense's proffered U.S. Supreme Court case law standing for the proposition that jury members who see a defendant in jail clothing that it has a negative impact on the presumption of innocence. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law. To...
2024-09-25
04 min
Kathy's InDieZoNe
Episode 281: Defense motion to attend all public hearings in "street clothing"
In Episode 281, we discuss the defense 9/20/24 motion for an order allowing Mr. Kohberger to attend all public hearings in street rather than street clothing. The defense cites to a 1976 U.S. Supreme Court case standing for the proposition that jurors who see a defendant in jail clothing impacts the presumption of innocence and argues here that in light of changing of technology since 1976 this principle should be extended to pretrial matters as well. 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...
2024-09-24
04 min
Kathy's InDieZoNe
Episode 280: Request and Order on KTVB's Request to Record 9/26/24 hearing
In Episode 280, we discuss KTVB's Request to obtain approval of the presiding judge to video/audio, record, broadcast or photograph a court proceeding and Judge Hippler's order denying the same, both of which are docketed on 9/20/24. We note here that Judge Hippler's order has continued a precedent established in Latah County by Judge John Judge directing that there was to be no other video/audio/recording/broadcasting or photographing the case's public proceedings would only be permitted through the Court's own YouTube channel. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is...
2024-09-24
04 min
Kathy's InDieZoNe
Episode 279: Order signed by Judge Hippler as Administrative Judge not Jurist presiding over the case
In Episode 279, we discuss the first order signed by Judge Steven Hippler as administrative judge for the Fourth Judicial District (not judge presiding over the case. It is an order dated 9/18/24 governing courtroom conduct, and it covers such topics as seating in the courtroom, entering and exiting the courtroom, and reporting on the case from the courthouse. 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 Ada...
2024-09-24
03 min
Kathy's InDieZoNe
Episode 278: Notice of Hearing, Status Conference (9/19/24)
In Episode 278, we discuss the 9/19/24 Notice of Hearing, a status conference set for an in-person hearing mandating all parties and counsel are to be in attendance for hearing before Judge Steven Hippler. We discuss what might be discussed at the status conference, such as resetting hearing dates and the Ada County trial date for the proceeding before Judge Hippler. 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
2024-09-24
04 min
Kathy's InDieZoNe
Episode 277: Idaho Supreme Court Order "In the Matter of Change of Venue" (9/12/24)
In Episode 277, we discuss the 9/12/24 Supreme Court of the State of Idaho order signed by Chief Justice G. Richard Bevan entitled "IN THE MATTER OF CHANGE OF VENUE." This Order establishes such matter as that the new venue shall be as the 4th Judicial Circuit in and for Ada County, Idaho, names Judge Steven Hippler and that he cannot be disqualified without cause pursuant to Idaho Criminal Rule 25(a)(9)(C), and directing that the defendant Mr. Kohberger be transferred to the custody of the Sheriff of Ada County "forthwith." Mr. Kohberger is presumed innocent of these crimes until or...
2024-09-24
04 min
Kathy's InDieZoNe
Episode 276: Order granting change of venue
In Episode 276, we discuss the defense's 9/6/24 court order granting the defense's 1/30/24 motion to change venue citing to state and federal legal authority including the Idaho and U.S. Constitution and that the state opposing the same beginning in early February 2024 - which the state continued to do over the next several months. We proffer the opinion that had the state not so aggressively opposed defense's motion to change venue that the case might be much further along. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of...
2024-09-23
04 min
Kathy's InDieZoNe
Episode 275: Motion to strike DP Notice/Utter disregard aggravator (9/5/24)
In Episode 275, we discuss the defense's 9/5/24 motion to strike the death penalty notice as to the utter disregard (for human life) aggravator. Here, the defense challenges this aggravator on the grounds of vagueness and lack of standards, citing to the Eight Amendment and Supreme Court cases interpreting these constitutional guarantees. 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
2024-09-23
04 min
Kathy's InDieZoNe
Episode 274: Motion to strike DP notice on the grounds of contemporary standards
In Episode 274, we address the 9/5/24 motion to strike the death penalty on the grounds of contemporary standards of decency; Based on U.S. public opinion, international human rights organizations, religious organizations, and that many states lack an active death penalty and five states (including the neighboring states of Washington and Colorado) have done away with the death penalty in the last decade. Defense also argues the death penalty is unconstitutional under the state and federal constitution. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law...
2024-09-22
04 min
Kathy's InDieZoNe
Episode 273: Motion to strike the DP notice/heinous, atrocious or cruel aggravator
In Episode 273, we address the defense's September 5, 2024 motion to strike the state of Idaho's death penalty notice on the grounds of the heinous, atrocious or cruel manifesting in atrocious depravity aggravator. Here, the defense argues this aggravator is unconstitutional on various grounds, including on the basis of a lack of separation of powers. 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
2024-09-22
04 min
Kathy's InDieZoNe
Episode 272: Motion to strike DP Notice/Multiple Victims Aggravator
In Episode 272, we evaluate the 9/5/24 defense motion to strike the defense's death penalty notice on the grounds of the multiple victims aggravator. Here the defense admits that while multiple jurisdictions such as Alabama, Texas and others is adopted as an aggravator that it in actuality fails to achieve a proper focus o the degree of the crime or crimes sufficient to warrant the imposition of the ultimate penalty of death. 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...
2024-09-21
04 min
Kathy's InDieZoNe
Episode 271: Motion to strike DP notice on grounds of arbitrariness
Episode 271: In this episode, we address the defense's 9/5/24 motion to strike the death penalty notice on the grounds of arbitrariness. Here, the defense argues the Idaho death penalty scheme fails to be constitutionally proper, that it is impermissibly random, and capricious in violation of the 5th, 6th, 8th and 14th Amendment to the US Constitution as well as the per Article I of the Idaho Constitution. 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...
2024-09-21
04 min
Kathy's InDieZoNe
Episode 270: Motion to strike DP/Future Dangerousness Aggravator
Episode 270: In this episode, we address the defense's 9/5/24 Motion to strike the notice of death penalty/future dangerousness aggravator, which has to do with a defendant's propensity to be a threat to society in future based on conduct exhibited before, during, or after the commission of the murder(s). As with all motions challenging the death penalty, this matter would only become of issue if and when a defendant is adjudicated guilty during the sentencing phase of the trial. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a...
2024-09-21
04 min
Kathy's InDieZoNe
Episode 269: Defense motion to Strike State's DP Notice/felony murder aggravator (9/5/24)
In Episode 269, we review the defense's 9/5/24 Motion to Strike Felony Murder Aggravator as to the State of Idaho's Notice to seek the death penalty against Mr. Kohberger. Here, on Page 2 defense argues that the counts are in conflict and it is impossible to charge felony murder on the basis of a burglary with the intent to commit the four murders in question. 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...
2024-09-18
04 min
Kathy's InDieZoNe
Episode 268: Motion to strike DP notice on the grounds it violated the U.S. Constitution
In Episode 268, we review the defense's 9/5/24 Motion to Strike the State of Idaho's Notice to impose the notice to seek the death penalty against him if he is adjudicated guilty on the grounds that it is vague and capricious. Mr. Kohberger proffered federal constitutional grounds as violative of the Eighth Amendment to the United States Constitution as made applicable to the states via the Fourteenth Amendment's due process clause. 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...
2024-09-17
04 min
Kathy's InDieZoNe
Episode 267: Motion to strike DP notice on grounds of violation of international treaties
In Episode 267, we address the second of the defense's multiple filings of September 5, 2024 challenging the State of Idaho's Notice to Seek the Death Penalty (in the event Mr. Kohberger is adjudicated guilty we stress here he is presumed innocent at this stage of the proceedings). This document entitled "Motion to Strike State's Notice of Intent to Seek Death Penalty on Grounds of International Law and Memorandum in Support Thereof." We note here that this document is over 480 pages long and argues that "Idaho's death penalty scheme" violates Idaho's obligations under International treaties (entered into by the federal government to...
2024-09-16
04 min
Kathy's InDieZoNe
Episode 266: Defense's Motion to Strike D.P. (as he was arraigned based on an indictment while preparing for preliminary hearing)
In Episode 266, we address defense's Motion to Strike the Death Penalty on Grounds of State Speedy Trial Preventing Effective Assistance of Counsel. Here, the defense stresses the point that because Mr. Kohberger was arraigned on an indictment returned by a Grand Jury (on May 16, 2023) that he should have been brought to trial within six months but it was not possible for him to have received effective assistance of counsel at the trial which was then-pending to occur on October 2, 2023. .Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a...
2024-09-15
04 min
Kathy's InDieZoNe
Episode 265: Defense's 9/5/24 expert witness disclosures
In Episode 265, we evaluate the first of a series of defense filings of 9/5/24 in compliance with the court's 6/27/24 order setting that date as the deadline for the defense to file any challenges to the death penalty which the State of Idaho previously gave notice it seeks in this case. Here, the defense has disclosed two experts, Barbara C. Wolfe, M.D. and Aliza Plener Cover of the Idaho College of Law, and has produced their credentials and provided a synopsis of what each expert will offer in support of the defense's position. Mr. Kohberger is presumed innocent of these...
2024-09-10
04 min
Kathy's InDieZoNe
Episode 264: More discovery responses filed under seal (9/4/24)
In Episode 264, we review the State of Idaho's response and supplemental responses to the Defendant's request for discovery where the State is providing supplemental requests 1-16 and attaches Exhibits A-O thereto regarding the same.. Also attached is Exhibit P responsive to supplemental discovery request 17. All exhibits per this document are filed under seal with the Court. Because of this, the pubic is continuing to be unaware of what specifically has been produced by the State responsive to the defense's discovery. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in...
2024-09-09
04 min
Kathy's InDieZoNe
Episode 262: State's notice it received data from defense to correct the record
In Episode 262, we address the State of Idaho's 8/23/24 notice on state's objection to defense's motion to change venue. Here, the State formally provides notice that portions of the state previously incorrectly indicates it was not provide comprehensive survey data from defendant. The State describes what it received from the defense and when. 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
2024-09-08
03 min
Kathy's InDieZoNe
Episode 261: Defense's reply to state's opposition to change of venue (8/19/24)
In Episode 261, we discuss the defense 8/19/24 reply to the State of Idaho's response opposing Mr. Kohberger's motion for change of venue pointing out that the State failed to rebut the defense's experts with a single expert of its own and therefore the defense's evidence is unrelated in this regard. The defense also points out various troubling statements to the defense's surveys responded to by Latah County registered voters as to a possible reaction if Mr. Kohberger were found not guilty following trial as "They'd burn the courthouse down. Outrage would be a mild description Mr. Kohberger is presumed innocent...
2024-09-08
04 min
Kathy's InDieZoNe
Episode 260: Response to defense's 16th supplemental discovery request" (8/19/24)
In Episode 260, we discuss the State of Idaho's 8/19/24 response to the defense's 16th supplemental discovery request which includes the notation at page 1 that "The State intends to supplement this response prior to the September 6, 2024, discovery deadline." We also note here that the referenced "Exhibit I" responding to defense's 16th supplemental discovery request does not appear on the public docket. 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
2024-09-05
04 min
Kathy's InDieZoNe
Episode 259: The defense's (late?) submission of exhibits for change of venue hearing
In Episode 259, we discuss the defense's 8/19/24 Notice of filing of additional exhibits for 8/29/24 change of venue hearing. We note here that these additional exhibits were filed almost one month past the 7/22/24 deadline as agreed to by the parties in a 5/31/24 stipulation and order of 5/31/24 setting a schedule for deadlines for submissions by both sides prior to the change of venue hearing - as agreed to by both sides. 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...
2024-09-04
04 min
Kathy's InDieZoNe
Episode 258: State's Opposition to Change of Venue Motion (8/12/24)
In Episode 258, we address the State of Idaho's 8/12/24 opposition to the defense's motion for change of venue. We note here that while the State takes issue with findings made by the defense's expert witnesses, the State has offered up no rebuttal experts in support of their position that less extreme measures than changing venue to ensure Mr. Kohberger's rights to a fair and impartial jury trial can be applied during the jury selection process. In the alternative, the State argues that if the Court is inclined to change venue, that the neighboring county of Nez Perce County would be...
2024-09-04
04 min
Kathy's InDieZoNe
Episode 257: Another discovery request filed under seal (08/02/24)
In Episode 257, we discuss the defense's 16th supplemental discovery request seeking evidence from the State of Idaho described in Exhibit O, which defense says has been filed under seal and therefore is withheld from the public docket. We note here that all discovery requests and responses have been contemporaneously filed under seal at the time of filing, thereby providing no details to the public of what has been requested and responded to in discovery from the beginning of the case. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in...
2024-09-02
02 min
Kathy's InDieZoNe
Episode 256: Order finding records should be temporarily sealed based on stipulation between the parties (7/24/24)
In Episode 256, we review the 7/24/24 order granting the 7/23/24 stipulation entered into by the parties. We provide an opinion that it makes little sense that the danger to individuals set forth in the Stipulation as good cause to temporarily seal documents would suddenly "disappear" on 8/29/24 when defense states in the stipulation these same records will be used in open court at the hearing on defense's motion to change venue. 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...
2024-09-01
03 min
Kathy's InDieZoNe
Episode 255: A stipulation stating documents must be sealed to protect individuals (7/23/24)
In Episode 255, we address the 7/23/24 Stipulated Motion to temporarily seal documents which the defense states it will use in open court at the 8/29/24 hearing on the motion for change of venue, signed by Ingrid Batey, Idaho Special Assistant Attorney General and Anne Taylor. One of the reasons to temporarily seal these records from disclosure to the public for more than one month because "...the documents contain facts or statements that might threaten or endanger the life or safety of individuals" with no supporting details provided how this could be true or why once the records were disclosed "individuals" life...
2024-09-01
04 min
Kathy's InDieZoNe
Episode 254: Defense's memorandum in support of motion for change of venue (7/22/24)
In Episode 254, we discuss perhaps the longest filing on the public docket, the 7/22/24 300+ page memorandum in support of the defense's 1/30/24 motion for change of venue. This document accompanies a second defense filing of 7/22/24 the defendant's disclosures of exhibits and witness list seeking the venue for trial to be changed from Latah County to another county in Idaho. In Episode 253, we evaluate the defense's 7/22/24 disclosures (witnesses and exhibits) with respect to the change of venue motion which was set to be entertained 8/29/24. We review the constitutionally-based reasons why Mr. Kohberger filed his 1/30/24 motion and seeks to change the trial for...
2024-08-31
04 min
Kathy's InDieZoNe
Episode 253: Defense's disclosures as to Change of Venue (7/22/24)
In Episode 253, we evaluate the defense's 7/22/24 disclosures (witnesses and exhibits) with respect to the Change of Venue motion which was set to be entertained 8/29/24. We review the constitutionally-based reasons why Mr. Kohberger filed his 1/30/24 motion and seeks to change the trial for venue from Latah County to another county in Idaho. 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
2024-08-31
04 min
Kathy's InDieZoNe
Episode 252: Order granting defense motion to share IGG/DNA information with investigators
In Episode 252, we address the Court's 6/7/24 second amended order granting the defense's motion to disclose IGG/DNA materials obtained in discovery following the 10/25/23 granting of the defense's motion to compel with protection order to defense investigators. The Court's order makes it crystal-clear no one other than the individuals now also authorized as the defense requested, defense investigators, is to have access to this information - along with other parties specifically previously approved of by the Court. Mr. Kohberger is presumed innocent of these crimes until or unless he pleads guilty or is adjudicated guilty in a court of law...
2024-08-30
04 min
Kathy's InDieZoNe
Episode 251: Court order setting trial and all pre-trial matters
In Episode 251, we discuss the Court's scheduling order directing that the jury trial in this case and all pre-trial matters with deadlines such as for discovery cut-off and any motions in limine. According to this Order, the jury trial will commence on 6/2/25 and run through 8/29/25. 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
2024-08-30
04 min
Kathy's InDieZoNe
Episode 250: Motion/Order resetting change of venue hearing to August 29, 2024
In Episode 250, we address the stipulated motion and order resetting the June 27, 2024 hearing on the defense's Motion for Change of Venue to August 29, 2024. The reason for requesting adjournment of the hearing is that defense expert Dr. Bryan Edelman required six weeks to complete his survey process (which had been temporarily halted by entry of the Court's March 22, 2024 order), to evaluate the data collected, and to prepare his Declaration relative to the same. We also note that the granted motion requested the resetting of the deadline for defense disclosures to July 22, 2024, for the State's response to August 12, 2024 and the defense's...
2024-08-29
04 min
Kathy's InDieZoNe
Episode 249: Motion and Order sealing further discovery (5/28/24)
In Episode 249, we evaluate the State of Idaho's 5/28/24 motion to temporarily seal the State of Idaho's for a temporary order sealing and the 5/28/24 order granting this relief. Here, we note the State has once again raised the five mis-numbered reasons to seal this information from the public arena, and the Court has once again has not noted 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 from the Court's file, please go here: https://coi.isc.idaho.gov
2024-08-29
04 min
Kathy's InDieZoNe
Episode 248: Court's 5/14/24 Order addressing multiple issues
In Episode 248, we discuss the Court's 5/14/24 Order vacating and re-scheduling hearing dates and opening some hearings to the public. We address the multiple issues addressed in this order, including that a hearing previously set to be closed on defense's discovery motion concerning requesting further IGG information will now be open to the public. 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
2024-08-29
04 min
Kathy's InDieZoNe
Episode 247: Defense opposes State's position Affidavit of Probable Cause is "irrelevant at this stage"
In Episode 247, we evaluate the defense's 5/10/24 Response to State's motion to limit testimony (described in Episode 246) and disputing State's position that the affidavit of probable cause is "irrelevant at this stage." Here defense asserts Mr. Kohberger should not be prevented from seeking discovery as to this matter and that the returning of an indictment does not prohibit defense from challenging the probable cause affidavit presented to this Court and used to procure warrants. 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...
2024-08-28
04 min
Kathy's InDieZoNe
Episode 246: State's motion to limit testimony, affidavit of probable cause is "irrelevant at this stage" 5/10/24
In Episode 246, we address the State of Idaho's filings of 5/10/24: Two supplemental responses to discovery with exhibits attached that are not on the public docket and a third filing entitled motion to temporarily seal supplemental responses to defendant's motions discovery and a motion to limit scope of testimony. We note that the five mis-numbered reasons for good cause are given (again) here. We learn from the defense's response in opposition to the motion to limit discovery (See Episode 247 of the InDieZoNe) that the State of Idaho asserts testimony should be limited on the grounds that the Affidavit of Probable...
2024-08-28
04 min
Kathy's InDieZoNe
Episode 245: Order authorizing Dr. Larkin and Bicka Barlow to appear via zoom at hearing (5/9/24)
In Episode 245, we evaluate the 5/9/24 Order granting the stipulated motion of 5/7/24 to allow defense witnesses Dr. Leah Larkin and Bicka Barlow, Esq. to be permitted to testify at the upcoming hearing on the 4th-5th motions to compel. 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
2024-08-28
04 min
Kathy's InDieZoNe
Episode 244: Order sealing defense's witness/exhibit list to motions to compel
In Episode 244, we evaluate the 5/9/24 Order granting the stipulated motion of 5/7/24 to seal the defense's witness and exhibit list to its 4th-5th motion to compel, which is pending 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 here: https://coi.isc.idaho.gov
2024-08-28
04 min
Kathy's InDieZoNe
Introduction of Special Series: State of Idaho v. Kohberger
Please listen and join Kathy for a review of the case styled as State of Idaho v. Bryan C. Kohberger, Case No. 29-220002805. Mr. Kohberger, a doctoral candidate and teaching assistant at Washington State University in Pullman, was arrested on December 30, 2022. He was charged with the brutal quadruple slayings of four University of Idaho students and one count of burglary at an off-campus house located at 1122 King Road in Moscow, Idaho on the strength of an Affidavit of Probable Cause signed by Detective Brett Payne of the Moscow Police Department. Kathy will give her opinions of this Affidavit, why...
2024-05-23
03 min
Kathy's InDieZoNe
Update! 2021 Indies Voting Process
Kathy gives an update on the 6th annual Indies and answers a couple questions about voting. The ballot and voting instructions for the #2021Indies are published at www.iwasateenageguitarist.com and on twitter @2019Indies Support all of the nominees! Go Indie, Vote Indie, Support Indie!
2021-01-21
01 min
Kathy's InDieZoNe
Let's talk the 2021 TC Indies!!!
In this episode, Kathy discusses the upcoming voting process for the 2021 TC Indies, our 6th year! The Official Ballot and Voting Instructions appear here: www.iwasateenageguitarist.com Good luck to all our amazing nominees & Gooooo Indie!!!
2021-01-16
01 min
Kathy's InDieZoNe
2021 Indie Nominee Mrs. D. tells us how to get cool stuff for free or 50-75% less
2021 Indie Company of the Year nominee Mrs. D. Coupon Queen says its easy to get stuff for free or for 50-75% - from speciality drinks to make-up from food to detergent to clothing and other consumer goods. Follow Mrs. D. on Tik-Tok and Instagram _mrsdcouponqueen.
2020-12-25
04 min
Kathy's InDieZoNe
Interview with indie artist and filmmaker Joseph Daniel Bonczyk
Go here to see the trailer's for Joseph's indie/DIY film "American Terrorist" https://youtu.be/TRtlDUpOnz8
2020-12-21
03 min
Kathy's InDieZoNe
InDiE MaRKeTiNG: CreaTinG a DIY PreSS ReLeaSE
An Indie could have just pulled off the the best DIY project ever However, if the right people don't know about it, that fabulous indie project might gather dust and not see the light of day. Marketing and public relations is critical to ensure media and potential buyers in your target market know about the indie project. In this episode of the Indie Zone, Kathy advised how to create an indie press release.
2020-12-03
04 min
Kathy's InDieZoNe
How to Run a Successful Crowdfund
Crowdfunding is an excellent method to raise financial capital for your next indie project. Many good campaigns fail, however, because people do not understand the basics of crowdfunding. In this episode of the IndieZone, learn the basic tips and tricks to help ensure your campaign is a big success!
2020-11-30
05 min
Kathy's InDieZoNe
Financing Indie Projects Via Crowdfunding
It is impossible to bring an independent project - whether it be a physical book, artwork, design, merchandise, vinyl/CDs, or start an indie business without financing. In this episode, learn about crowdfunding and why it may help you raise the start up costs you need to realize your indie dream!
2020-11-30
03 min
Kathy's InDieZoNe
Welcome to the Indie-Zone!
Kathy gives an overview of the Teen Clash Indie Awards, which she founded in 2016. She also discusses her experiences in pulling off a high profile Do-it-Yourself (DIY) music and art project (Commercial Zone 2014 and I Was a Teenage Guitarist for the Clash) completely independently. Kathy calls this endeavor the most difficult experience of her life and the most rewarding experience of her life. Kathy believes if she was able to realize her Indie dream, you can and should.
2020-11-29
03 min