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I updated this thread with the live tweets as they came in. I added an outline at the top of my post to update everyone on the statuses of the recent motions and what to expect moving forward.
Outcome of 1:00pm hearing: Motion to Dismiss Indictment denied. Cameras will remain in the courtroom with more court control. The IGG materials will be reviewed in camera before the court rules on the state's request for a protective order. The outcome of the 9:30am hearing is unclear. (Edit: I initially said that the IGG materials would be reviewed in an in camera hearing. I was mistaken. The court will review the materials outside of the presence of counsel.)
Footage: https://youtu.be/dTZdNSjuV-U?feature=shared
There are no other hearings scheduled at this time.
Hearing Summaries
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 defense’s motion that the burden of proof for a grand jury should be beyond a reasonable doubt.
Motion Statuses
Not yet decided: Motion to Dismiss Indictment on Grounds of Biased Grand Jury, Inadmissible Evidence, Lack of Sufficient Evidence, and Prosecutorial Misconduct in Withholding Exculpatory Evidence
Not yet decided: Motion for Protective Order. The court will grant the state's request for an in camera review. The court stated in a written order that the court will likely grant the defense some materials but not all.
Denied: Motion to Dismiss Indictment on Grounds of Error in Grand Jury instructions or in the Alternative Remand for Preliminary Hearing
Denied in part: Motion to Remove Cameras from the Courtroom. The court will continue to allow cameras with more court control.
Upcoming Documents
Motions to Strike the Death Penalty. The defense indicated during the August 23 hearing that they plan to enter several motions to strike the death penalty, one of which will argue that the defendant was forced to choose between his right to a speedy trial and his right to adequate counsel.
October 26 Live Tweets (Updated thread in real time as tweets came in.)
2:20pm PST: The grand jury indictment stands. Judge says that he will enter a written decision, but he can't guarantee that it will be 32 pages like the defense's motion. Court is adjourned. https://twitter.com/newsfromkerri/status/1717652822127518171
2:17pm PST: Judge said that he appreciated the look back through history, but the issue would have to go to a higher court for change. https://twitter.com/newsfromkerri/status/1717651789477278201
2:15pm PST: Logsdon restates initial argument. Judge says that he is constricted by Idaho state law. https://twitter.com/newsfromkerri/status/1717651126278070371 (This means that the motion will be denied.)
2:09pm PST: Judge says that he simply cannot change the law. He says, "You can argue with me about that. I am kind of baiting you with that." Kohberger is alternating between looking at Logsdon and looking ahead. https://twitter.com/newsfromkerri/status/1717649783928811564
2:06pm PST: The defense would prefer a preliminary hearing over a grand jury indictment. Jeff Nye of the prosecution now speaks. Nye argues that the law is clear and the burden of proof was met. https://twitter.com/newsfromkerri/status/1717648920606867478
Nye says, "There is nothing to see here. The Idaho Supreme Court has ruled on this issue." https://twitter.com/BrianEntin/status/1717649010675339560
2:00pm PST: Judge says that this has been argued in the past. Logsdon says that only the Idaho Supreme Court justices are standing in the way of a change in the burden of proof. https://twitter.com/newsfromkerri/status/1717647307938918524
1:55pm PST: Logsdon states that six grand jurors wanted to hear more until they were told that the burden of proof was probable cause. https://twitter.com/aburkhartlaw/status/1717646488850084087 He says that the state didn't present its best case. https://twitter.com/newsfromkerri/status/1717646203616387473 (There are 16 jurors on a grand jury in Idaho. 12 constitutes a quorum.) https://isc.idaho.gov/icr6
Judge says that the grand jurors were instructed on the burden of proof as they have been for 100 years. https://twitter.com/BrianEntin/status/1717646367584383285
Judge says that it isn't fair to say that the grand jurors were given the wrong instructions. https://twitter.com/newsfromkerri/status/1717646438887501854
1:54pm PST: Logsdon argues that the Idaho Supreme Court can set rules of procedure but cannot set rules limiting substantive rights. https://twitter.com/aburkhartlaw/status/1717645987907551325
1:52pm PST: Logsdon argued that the Idaho Supreme Court passed a rule establishing a probable cause standard, but they have yet to decide whether or not the constitution requires a higher standard. https://twitter.com/aburkhartlaw/status/1717645377548255732
1:49pm PST: Logsdon argues that the secrecy of the grand jury process can create prejudicial issues, and he wonders if the Idaho Supreme Court can change the burden of proof for an indictment. https://twitter.com/newsfromkerri/status/1717644616378487272
1:41pm PST: Jay Logsdon begins oral arguments for the defense. The request to dismiss the indictment has "gone the other way." (Not yet sure what this means.) https://twitter.com/newsfromkerri/status/1717642560779505802 (Edit: He said the Idaho Supreme Court's decision on the burden of proof has gone the other way.)
1:38pm PST: The judge says that cameras will not be banned from the courtroom; instead, the court will exercise more control over the cameras. https://twitter.com/BrianEntin/status/1717641930904138105
He says that the IGG materials will be reviewed in camera in regards to the state's request for a protective order of the IGG materials. https://twitter.com/aburkhartlaw/status/1717643104952647792
1:37pm PST: Kohberger enters the courtroom. The hearing begins. https://twitter.com/newsfromkerri/status/1717641517677080811
1:33pm PST: The public is being allowed into the courtroom. The hearing may start in about 5 minutes. https://twitter.com/kfixler/status/1717640507449630990
1:17pm PST: According to Kevin Fixler at the Idaho Statesman, the morning hearing that is closed to the public is still ongoing. It began at 9:30am PST.
I will edit my main post with updates as they come in.
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