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 here: https://coi.isc.idaho.gov

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 court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

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.idaho.gov

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 file, please go here: https://coi.isc.idaho.gov

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 which Idaho is bound). 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

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 court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

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 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

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 a court of law. To review the documents from the Court's file, please go here: https://coi.isc.idaho.gov

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

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 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