Court Summaries: October 9 – 13, 2023. Also, the State of Idaho will execute a man next month.

The defense continues to ask for discovery under seal, and Thomas Creech will be executed on November 8.

This Week’s Documents

10/12/2023 Defendants 8th Supplemental Request for Discovery

The defense made their eighth supplemental request for discovery, the exhibit of which is under seal. The defense is requesting “discovery and inspection of all materials discoverable by defendant per I.C.R. 16(b)(1)-(8),” which includes statements of the defendant; statements of co-defendants, which is not applicable here; the defendant’s prior record; documents and tangible objects; reports of examinations and tests; state witnesses; expert witnesses; and police reports.

10/12/2023 Stipulated Motion to File Exhibit

The defense and the state stipulate to file the motion under seal on the following grounds:

• That the documents or materials contain facts or statements that might threaten or endanger the life or safety of individuals (I.C.A.R 32(i)(2) D), and

• That it is necessary to temporarily seal or redact the documents or materials to preserve the right to a fair trial. ((I.C.A.R 32(i)(2) E and I.C. §74-124(1) (b))

10/12/2023 Order to File Defendants Exhibit

The judge orders the exhibit be filed under seal.

Thomas Creech Execution

The death warrant for Thomas Eugene Creech appeared on the Idaho Judicial Cases of Interest website today. Creech is scheduled to be executed on November 8, 2023 after being on death row for 44 years. According to the Idaho Statesman, Creech was sentenced to death following the murders of two men in 1974. He killed a fellow inmate in 1981.

Idaho has not executed an inmate since 2012.

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. According to the state, Vargas reneged on some of her testimony through electronic communications. The state asked the FBI to investigate, and they subsequently 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:

1. 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.

2. 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 defense’s motion that the burden of proof for a grand jury should be beyond a reasonable doubt.