In Episode 240, we evaluate the State of Idaho's 4/30/24 motion for subpoena duces tecum and subpoena duces tecum (asking a third party to produce records) to be filed under seal, using the same 5 mis-numbered reasons as good cause the State has used on multiple occasions previously. We also address the fact that on 5/2/24 the Court granted this relief, the effect of which is that the public is unaware who the subpoena is directed to and what documents or things the State is demanding be produced. 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 239, we evaluate two 4/29/24 notices of hearing, one filed by the Clerk of Court and the other by the defense, regarding the defendant's 5th motion to compel discovery. The defense wanted the hearing on the IGG part of the motion to compel to be open to the public, while the State objected - demanding it be closed to the public. We also note the agreement between the parties on the 5th motion 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

In Episode 237, we evaluate the State of Idaho's 4/26/24 filing opposing "Notice of Defendant's Supplemental Response to State's Alibi Demand." The State asserts the alibi defense lacks specificity, includes improper and irrelevant information and that Mr. Kohberger should be precluded from having anyone else but him testify as to his presence at the time of the homicides which the State says here was from approximately 4:00-4:30 am on 11/22/22. We note that this timeline has changed from the timeline in the 12/29/22 Affidavit of Probable Cause stating the crimes occurred from 4:00-4:25 am. 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 235, we discuss the Court's dual orders of 4/26/24 authorizing the defense to augment (or add to) the official court record styled as Idaho v. Kohberger. We note that the public has no details regarding what these documents state because of the orders now sealing this information. 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 236, we address the defense's 4/26/24 motion to unseal certain parts of IGG materials previously requested by the defense in discovery. The defense takes no issue with the Court continuing to maintain the protection order relative to certain parties listed on the family tree, but says there is no reason for the remainder of the IGG materials related to the knife sheath purportedly found at the crime scene to remain under seal. 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 236, we address the defenses 4/26/24 motion to allow defense investigators to have access to IGG/DNA materials, previously denied by the Court. We note that defense argues its investigators must have access to this information to help Mr. Kohberger prepare its defense to the charges brought against him, citing to the United States Constitution and also the Idaho Constitution as legal authority in support of the relief sought. 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 235, we discuss the State of Idaho's response to defense's 4th motion to compel discovery seeking to have Exhibit 1 to the same filed under seal, and the State's contemporaneous motion to file Exhibit 1 under seal. We note that the State has once again filed its same mis-numbered five reasons to withhold this information from the public and file it under seal, suggesting in our opinion a possible "cut and paste" job from prior filings rather than raising reasons with specificity regarding the matter before the Court at the time of the filing of the State's two submissions here on 4/23/24. 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 235, we discuss the defense 4/24/24 filing objecting to the state's motion to close two discovery hearings, alleging the State is hiding information from the public, and is abusing the process to seal hearings on motions to compel discovery. The defense charges that it has had to file motions to compel discovery to obtain evidence in the State's possession concerning Mr. Kohberger's arrest. 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 234, we discuss a stipulation agreed to by the parties that the defense's motion to seal the stipulation to defendant's motion to augment the record should be filed under seal. We note here that the defense has, as it has done in the past, stated as good cause for this relief "the documents contain facts or statements that might threaten or endanger the life or safety of individuals" without providing details how this is possible if the sole and correct defendant according to the State has been incarcerated since December 30, 2022. We also note the defense hand delivered this document to the State in the Certificate of Service. 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 233, we address the State of Idaho's motion to hold two hearings on defense discovery motions (4th and 5th supplemental requests for discovery) to be closed to the public. We note that this motion came just 5 days after Judge John Judge entered an order on 4/19/24 noting a hearing on the motion leading to that order was held as a public hearing because no party asked for a closed hearing. We also note that the State appears that the State is raising Mr. Kohberger's 6th Amendment privileges as grounds for this relief. 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