Kathy's InDieZoNe Kathy DiTondo

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-Dissemination Order. 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. 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


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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 redacted along with counsel for the Goncalves family and counsel for the state and defense. The purpose of the conference was to address the non-dissemination order and related matters.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. 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


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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 counts of the first degree murders of Madison Mogan, Kaylee Goncalves, Xana Kernodle and Ethan Chapin and burglary. 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


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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 transpired thereafter. The public docket in this case may be obtained here: https://coi.isc.idaho.gov

1. 12/29/22 document signed by Brett Payne:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/122922+Affidavit+-+Exhibit+A+-+Statement+of+Brett-Payne.pdf



2. 12/29/22 Criminal Complaint referring to the same as an Affidavit, signed by Prosecutor William Thompson, Esq.:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/122922+Criminal+Complaint.pdf



3. 2/9/23 document signed by Mr. Thompson:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/020823+Affidavit+of+Latah+County+Prosecutor+William+W+Thompson+Jr.pdf






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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 Notice of Hearing or Findings of Fact), Exhibit A was ordered to be filed under seal for reasons including that to disclose this exhibit to the public might compromise the safety of certain individuals. 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. 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


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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 2/8/23 also opposing the relief sought in Mr. Gray's motion relative to the Non-Dissemination Order. 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. 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


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