Court Summaries: October 2 – 6, 2023 (Spoiler Alert: Nothing New)
I summarize the one document released this week, which says things we already know. I will also refresh everyone's memory on what is coming down the pike.
The wheels of justice are turning more slowly now that Kohberger has waived his right to speedy trial.
Court Filings
One document was released this week: The written order for the court’s ruling on August 18 to deny the defendant’s motion to stay the proceedings on account of failures in the grand jury selection process. This document did not reveal anything that wasn’t stated in the August 18 ruling.
On July 25, the defense filed a motion to stay the proceedings pending an investigation into the selection of the grand jurors. In the August 18 ruling and the October 5 order, the court denied the motion because it determined that the issues the defense raised “either fall outside the purview of Idaho Code Title 2. Chapter 2. jury selection and service, or are typical problems seen routinely in selecting juries (i.e., individuals called for jury duty failing to appear thereby reducing the number of potential jurors in the jury pool).”
Since the court denied the defense’s motion to stay the proceedings and rescinded the order to stay the time for speedy trial, that likely pushed the defense to request the August 23 status hearing wherein Kohberger waived his right to speedy trial.
Upcoming Orders
We are still waiting on the court to rule on the following motions:
Defendant’s Third Motion to Compel Discovery (Regarding the IGG information)
Motion to Remove Cameras from Courtroom
Upcoming Documents
Motions to Strike the Death Penalty: During the August 23 status hearing, the defense teased their upcoming motion to strike the death penalty on the grounds that the defendant was forced to choose between his right to a speedy trial and his right to adequate counsel. This presumably will be the first of several motions from the defense to strike the death penalty.
(Maybe) Filings Regarding the FBI interview of Gabriella Vargas: So far, we have not heard anything regarding the FBI’s interview of Vargas after her expert testimony on August 18. The state provided the defense information under seal regarding the circumstances of that interview. If the defense wants to press this issue further, then we should continue to see court filings indicating as much; otherwise, the defense will find no issue and move on.
Scheduled Hearings
The defense filed two motions to dismiss the grand jury indictment, the oral arguments of which are both scheduled on October 26. The first hearing will be closed to the public given the sensitivity of the material discussed, but the second will be open.
Thursday, October 26:
9:30am PST: (Closed to the public and media) The court will hear Defendant’s Motion to Dismiss Indictment on Grounds of Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct in Withholding Exculpatory Evidence
Notes: While we know little about the first motion because the documents are sealed and the hearing will be closed, we will still learn the court’s ruling when it happens.
1:00pm PST: (Open to the public and media) Defendant’s Motion to Dismiss Indictment on Grounds of Error in Grand Jury instructions or in the Alternative Remand for Preliminary Hearing
Notes: This hearing regards Logsdon’s motion that the burden of proof for a grand jury should be beyond a reasonable doubt.
I admire your ongoing dedication to this. It's hard for me to stay plugged in because it's going to be a long while before the trial starts in 1½ years or longer. Gag order during the meantime really reduces this case to people having the same limited discussions over and over.