Latest / Beyond The Horizon / Mega Edition: Let's Meet Judge Hippler (8/30/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. The
- 0:03Speaker 1: Brian Koberger trial not only received a change of venue,
- 0:08Speaker 1: but we also got ourselves a new judge. And today,
- 0:11Speaker 1: we're going to talk a little bit more about the
- 0:13Speaker 1: new judge, Stephen Hippler. And to do that, we have
- 0:16Speaker 1: an article from Fox News. Headline, New Idaho judge in
- 0:20Speaker 1: Brian Koberger trial is no stranger to brutal murder cases.
- 0:25Speaker 1: This article was authored... by Michael Ruiz. Brian Koberger, the
- 0:29Speaker 1: 29-year-old criminologist accused of a quadruple home invasion murder, will
- 0:33Speaker 1: soon get a change of scenery after more than 18
- 0:36Speaker 1: months behind bars in the Latah County Jail in Moscow, Idaho.
- 0:41Speaker 1: In a one-page order signed by Idaho's Chief Justice Richard Bevin,
- 0:45Speaker 1: the state's high court chose Zeta County for Koberger's trial,
- 0:49Speaker 1: assigned District Judge Stephen Hippler to the case, and ordered
- 0:52Speaker 1: Koberger's transfer to a jail closer to the Boise Courthouse.
- 0:56Speaker 1: And that has already taken place. Brian Koberger has been transferred.
- 1:00Speaker 1: And now this is where Brian Koberger is going to
- 1:03Speaker 1: reside as this trial continues to make its way through
- 1:07Speaker 1: the system. In a one-page order signed by Idaho's Chief
- 1:10Speaker 1: Justice Richard Bevin, the state's high court chose Ada County
- 1:13Speaker 1: for Koberger's trial, assigned District Judge Stephen Hipler to the case,
- 1:17Speaker 1: and ordered Koberger's transfer to a jail closer to the
- 1:20Speaker 1: Boise courthouse. Ada County has a larger courthouse to accommodate
- 1:25Speaker 1: more members of the public and what is expected to
- 1:28Speaker 1: be a large gallery of reporters for Kohlberger's trial, which
- 1:31Speaker 1: was scheduled to begin next year. And Hipler is no
- 1:35Speaker 1: stranger to high-profile murder cases. Judge Hipler appears to be
- 1:39Speaker 1: an experienced trial judge who handles serious cases, said David Gelman,
- 1:43Speaker 1: a New Jersey-based defense attorney who has been following the saga.
- 1:47Speaker 1: This case, of course, will be an entirely different animal.
- 1:51Speaker 1: Given the national interest, it is generated. And not just national. Remember,
- 1:54Speaker 1: this is an international story. There's people all over the
- 1:58Speaker 1: world that are interested in what's going on here. And
- 2:01Speaker 1: there's going to be an invasion of people up in
- 2:04Speaker 1: Boise once this trial gets underway. And you can guarantee
- 2:08Speaker 1: that there is going to be a lot of people
- 2:10Speaker 1: with main character syndrome who are going to attempt to
- 2:13Speaker 1: turn all of this into a circus like we saw
- 2:15Speaker 1: with Karen Reid. The grifters, well, they're going to grift.
- 2:20Speaker 1: Last month he oversaw the trial of a brutal prison
- 2:22Speaker 1: beating that was so severe the victim died from his
- 2:25Speaker 1: injuries while in the hospital. In March, Hipler handed down
- 2:28Speaker 1: a life sentence to a drunken driver who intentionally struck
- 2:31Speaker 1: two pedestrians, one fatally, noting at the sentencing that the
- 2:35Speaker 1: defendant has shown that the community is not safe with
- 2:38Speaker 1: him in it at this time and for a long time.
- 2:41Speaker 1: Last year, Hipler oversaw the conclusion of the murder case
- 2:45Speaker 1: against David Randall, who tortured and beat his ex-girlfriend before
- 2:48Speaker 1: stabbing her to death when she stopped by to pick
- 2:51Speaker 1: up some belongings. Hell of a guy, huh? And honestly, look,
- 2:55Speaker 1: if you have the death penalty on the books, how
- 2:58Speaker 1: is it that somebody who kills his ex-girlfriend when they
- 3:00Speaker 1: show up for some belongings doesn't end up getting the
- 3:03Speaker 1: death penalty? What's the point of even having it, right?
- 3:06Speaker 1: I mean, I would think that if you're such a violent,
- 3:08Speaker 1: disgusting scumbag that you murder your girlfriend when she comes
- 3:11Speaker 1: to pick up some belongings would be a surefire pass
- 3:15Speaker 1: towards death row, especially in a place like Idaho. But
- 3:18Speaker 1: I guess not. So maybe we need to reevaluate the
- 3:21Speaker 1: whole entire idea that Brian Kohlberger is going to end
- 3:24Speaker 1: up getting the death penalty. And considering how people are
- 3:27Speaker 1: moving away from the death penalty, maybe they're just going
- 3:30Speaker 1: to decide, if he gets convicted, that they're going to
- 3:33Speaker 1: give him a life sentence. And it's very possible with
- 3:36Speaker 1: this new judge considering he's never handed down a death
- 3:39Speaker 1: sentence since he's been sitting on the bench in 2013.
- 3:43Speaker 1: So certainly something to consider, folks. The killer initially pleaded
- 3:47Speaker 1: guilty in a plea deal to avoid the death penalty,
- 3:50Speaker 1: but then he tried to take it back. Hippler rejected
- 3:53Speaker 1: his arguments and ultimately sentenced him to life in prison
- 3:56Speaker 1: with a chance for parole after 25 years. What? A
- 4:01Speaker 1: chance for parole after 25 years? After a man tortures
- 4:07Speaker 1: and beats his ex-girlfriend before stabbing her to death? Now,
- 4:10Speaker 1: do you really think somebody like this is going to
- 4:11Speaker 1: be rehabilitated? Come on, we all know the truth. Bro's
- 4:15Speaker 1: never going to be anything but what he is. So
- 4:18Speaker 1: what are you doing giving him a chance to see
- 4:20Speaker 1: the light of day again? And if somebody like this
- 4:23Speaker 1: gets out, we know the numbers. We know the stats.
- 4:27Speaker 1: And there is a gigantic chance that somebody who's violent
- 4:31Speaker 1: like this, who is a degenerate like this, someone who
- 4:35Speaker 1: is disgusting enough to murder his ex-girlfriend the way this
- 4:38Speaker 1: dude did, chances are he's going to do it again
- 4:41Speaker 1: if he gets out. Let's cut this shit, okay? You
- 4:44Speaker 1: really believe that somebody like that is ever going to
- 4:46Speaker 1: be rehabilitated? Zero chance. That person is broken. They were
- 4:50Speaker 1: broken the second they came off the production line, and
- 4:54Speaker 1: they're going to remain broken as long as they're on
- 4:56Speaker 1: this planet. So, keeping them in prison the rest of
- 4:59Speaker 1: their life, at the very least, probably a good idea.
- 5:02Speaker 1: The victim in that case, Darla Fletcher, was stabbed more
- 5:05Speaker 1: than 50 times with a screwdriver and a drumstick. The
- 5:08Speaker 1: Idaho statesman reported at the time, And back in 2022,
- 5:13Speaker 1: Hitler sentenced both parents of 9-year-old Emmerich Asuna to life
- 5:17Speaker 1: without parole for killing their son. He was tortured, beaten,
- 5:21Speaker 1: and starved to death, and police were able to recover
- 5:24Speaker 1: evidence from a nanny cam running in their apartment. He
- 5:27Speaker 1: also imposed a 100-year no-contact order barring the parents from
- 5:31Speaker 1: speaking with their other children. Now let me tell you what,
- 5:35Speaker 1: if I see video of parents abusing their child and
- 5:38Speaker 1: killing their son... I'm doing everything in my power to
- 5:41Speaker 1: put your ass underneath the prison. Again, you cannot be
- 5:45Speaker 1: rehabilitated ever when you do something like this. So life
- 5:50Speaker 1: in prison, you should be lucky that that's all you're getting.
- 5:52Speaker 1: Because if I was the one calling the shots, helicopter rides,
- 5:56Speaker 1: volcanoes for everybody. While Hitler has often agreed to a
- 6:01Speaker 1: prosecutor's sentencing request, he hasn't imposed a death penalty. Records
- 6:05Speaker 1: show he took the bench in 2013. and Idaho's last
- 6:09Speaker 1: execution was carried out a year earlier. Prosecutors in Koberger's
- 6:13Speaker 1: case have already said that they plan to seek the
- 6:15Speaker 1: death penalty if he is convicted. The defense is trying
- 6:19Speaker 1: to have it taken off the table. Ada County is
- 6:22Speaker 1: Idaho's most populous and includes the city of Boise, which
- 6:26Speaker 1: is both the county seat and state capital. There are
- 6:29Speaker 1: nearly 500,000 residents compared to less than 40,000 in Latah County.
- 6:35Speaker 1: Latah County District Judge John Judge agreed to the defense
- 6:38Speaker 1: request for a change of venue last week. In his order,
- 6:41Speaker 1: he wrote that the state Supreme Court would make a
- 6:44Speaker 1: final determination about where the trial would be moved. Some
- 6:49Speaker 1: Boise legal experts had anticipated Hipler's selection, according to Edwina Elcox,
- 6:54Speaker 1: a defense attorney based in the city, who once represented
- 6:57Speaker 1: cult mom killer Lori Vallow, whose trial also took place
- 7:01Speaker 1: in Ada County after a change of venue. So there
- 7:04Speaker 1: was precedent for this to happen, right? However, I didn't
- 7:07Speaker 1: think that they were going to change the whole entire venue.
- 7:10Speaker 1: And instead, I figured that they'd be bringing a jury
- 7:13Speaker 1: in from a different county, like we're seeing down in Delphi.
- 7:16Speaker 1: But they went the full Monty here. And instead, they
- 7:19Speaker 1: just changed the whole ass venue. So when it comes
- 7:22Speaker 1: to appeal time later on, I don't want to hear
- 7:25Speaker 1: shit if Brian Koberger is convicted about him not getting
- 7:28Speaker 1: a fair shake. Because if you look around at some
- 7:31Speaker 1: of the other trials we've covered... And hell, some of
- 7:34Speaker 1: the trials I've seen personally in my own life. Bro,
- 7:38Speaker 1: there's no way that you're going to tell me that
- 7:40Speaker 1: Brian Koberger is getting the short end of the stick.
- 7:44Speaker 1: I know people that have languished in prison. Languished. Without
- 7:47Speaker 1: anybody looking at an appeal. Without anybody caring about the
- 7:51Speaker 1: fact that they got railroaded. Nobody cared. Then when you
- 7:54Speaker 1: flip the script up to what's going on with Brian Koberger,
- 7:57Speaker 1: this dude's being given every single inch of rope that's available.
- 8:01Speaker 1: She said that she expects that the trial to be
- 8:03Speaker 1: held as scheduled in June of 2025, but the judge
- 8:07Speaker 1: will likely make his presence known right away. I think
- 8:12Speaker 1: that they'll want to get things moving and established, she
- 8:14Speaker 1: told Fox News Digital. Judge Hippler will want his own
- 8:18Speaker 1: timelines and deadlines set and strictly adhered to. Yeah, he's
- 8:22Speaker 1: going to come in and set his own rules. And
- 8:24Speaker 1: the way that he presides over this is going to
- 8:27Speaker 1: be different from the way that Judge Judge was presiding
- 8:30Speaker 1: over it. Each judge has their own style, right? And
- 8:34Speaker 1: I'd be a liar if I told you that I
- 8:36Speaker 1: was hip to the way Hippler gets down. I don't
- 8:38Speaker 1: really know much about the guy. So we'll have to
- 8:41Speaker 1: take it day by day as new rulings hit the docket.
- 8:44Speaker 1: And then once we see a few of his orders,
- 8:46Speaker 1: we'll be able to have a much better idea at
- 8:48Speaker 1: which way he is leaning as the wind blows. Prosecutors
- 8:53Speaker 1: sought to have the trial held at the courthouse in Moscow,
- 8:56Speaker 1: next to the jail where the 29-year-old Koberger has been
- 8:59Speaker 1: held without bail since shortly after his arrest in Pennsylvania
- 9:02Speaker 1: at his parents' house, roughly seven weeks after the November 13,
- 9:07Speaker 1: 2022 slayings. The defense complained that the local community and
- 9:12Speaker 1: media coverage were too biased for him to get a
- 9:15Speaker 1: fair trial in Latah County, claiming he could face a
- 9:18Speaker 1: lynch mob if acquitted. What is this? 1894 and we're
- 9:22Speaker 1: in Kansas? There's no lynch mob showing up in Moscow
- 9:26Speaker 1: in the year 2024 to lynch anybody. Ada County was
- 9:31Speaker 1: on a list of three larger counties the defense said
- 9:34Speaker 1: it would gladly agree to for a change of venue.
- 9:37Speaker 1: Koberger is accused of entering a six-bedroom rental home at
- 9:41Speaker 1: 4 a.m. on November 13th of 2022 and killing four
- 9:45Speaker 1: students inside with a large knife. They were Madison Mogan, 21,
- 9:49Speaker 1: Kaylee Gonsalves, 21, Zanna Kernodle, 20, and Ethan Chapin, also 20.
- 9:55Speaker 1: All four were attending the University of Idaho and the House,
- 9:59Speaker 1: which has since been been torn down, was just steps
- 10:02Speaker 1: off a campus. Koberger, who was studying for a Ph.D.
- 10:06Speaker 1: in criminology at neighboring Washington State University, about 10 miles away,
- 10:11Speaker 1: across the state line. Judge entered not guilty pleas on
- 10:15Speaker 1: Koberger's behalf at his arraignment in May of 2023 and
- 10:19Speaker 1: And Kohlberger faces four charges of first-degree murder and another
- 10:22Speaker 1: of felony burglary. So that's where the article ends, but
- 10:26Speaker 1: I wanted to add a little bit more about Judge Hippler.
- 10:29Speaker 1: So here's a little bit more about Judge Hippler's background,
- 10:32Speaker 1: appointment to the bench, etc. Judge Stephen J. Hippler's career
- 10:37Speaker 1: is rooted in his extensive experience in civil litigation. Before
- 10:41Speaker 1: joining the bench, Hippler was a partner at Givens Pulsley, LLP,
- 10:46Speaker 1: one of Idaho's most prestigious law firms. There, he specialized
- 10:49Speaker 1: in a broad range of civil cases, including commercial disputes,
- 10:53Speaker 1: real estate matters, tort law, and constitutional law issues. His
- 10:58Speaker 1: tenure at Givens Pursley established him as a respected figure
- 11:02Speaker 1: in the Idaho legal community, known for his sharp legal
- 11:05Speaker 1: mind and attention to detail. Hipler's civil litigation experience has
- 11:09Speaker 1: been beneficial in shaping his approach to judicial decision-making, particularly
- 11:14Speaker 1: in complex cases involving intricate legal questions. In 2014, Governor
- 11:20Speaker 1: Butch Otter appointed Hipler as a judge in Idaho's 4th
- 11:24Speaker 1: Judicial District, where he became responsible for overseeing cases in Ada, Boise, Elmore,
- 11:30Speaker 1: and Valley Counties. His appointment was a reflection of his
- 11:33Speaker 1: solid legal reputation, particularly in the civil sector. Since his appointment,
- 11:39Speaker 1: Hipler has demonstrated a commitment to maintaining the integrity and
- 11:42Speaker 1: fairness of Idaho's court system. He was later promoted to
- 11:46Speaker 1: the role of administrative district judge for the 4th District,
- 11:49Speaker 1: a role in which he oversees not only his own
- 11:52Speaker 1: docket of cases, but also the administrative functioning of the district.
- 11:57Speaker 1: Judge Hippler is known for his deliberate and methodical approach
- 12:00Speaker 1: to cases. He's a judge who believes in strict adherence
- 12:04Speaker 1: to legal procedure and the rule of law, and his
- 12:07Speaker 1: decisions often reflect a careful analysis of the facts and
- 12:10Speaker 1: the law. He's considered to be a balanced and fair judge,
- 12:14Speaker 1: someone who is not easily swayed by emotional arguments, but
- 12:17Speaker 1: rather relies on the merits of the case. His background
- 12:21Speaker 1: in civil litigation has instilled in him a deep understanding
- 12:24Speaker 1: of procedural fairness, which he applies consistently in both civil
- 12:28Speaker 1: and criminal cases. Hippler's handling of sentencing also reflects a
- 12:33Speaker 1: considered approach. While he is known to align with prosecutorial
- 12:37Speaker 1: recommendations in severe cases, he does not impose sentences lightly.
- 12:41Speaker 1: Despite Idaho's history with the death penalty, Judge Hipler has
- 12:44Speaker 1: yet to impose it during his tenure. His ability to
- 12:48Speaker 1: handle high-pressure, emotionally charged cases speaks to his calm demeanor
- 12:52Speaker 1: and thoughtful approach to justice. Some of the notable cases
- 12:56Speaker 1: that he has presided over. 1. The Emmerich Asuna case, 2022.
- 13:02Speaker 1: One of the most high-profile cases Judge Hipler presided over
- 13:05Speaker 1: involved the tragic deaths of 9-year-old Emmerich Asuna, who was
- 13:09Speaker 1: tortured and killed by his parents. Hippler sentenced both parents
- 13:13Speaker 1: to life in prison without the possibility of parole. This
- 13:16Speaker 1: case gained widespread media attention due to the disturbing nature
- 13:19Speaker 1: of the abuse, much of which was caught on a
- 13:22Speaker 1: nanny cam. Hippler not only imposed life sentences, but also
- 13:27Speaker 1: a 100-year no-contact order to prevent the parents from ever
- 13:30Speaker 1: contacting their other children. His sentencing in this case was
- 13:34Speaker 1: viewed as a reflection of his strong stance against child
- 13:37Speaker 1: abuse and his commitment to ensuring justice for the most vulnerable.
- 13:42Speaker 1: And though not directly involved with the Lori Vallow trial,
- 13:45Speaker 1: Hipler's court handled various pretrial motions and administrative matters related
- 13:49Speaker 1: to the case. Vallow, the so-called doomsday mom, gained national
- 13:54Speaker 1: notoriety for her role in the deaths of her two children.
- 13:57Speaker 1: This case, along with others in the Idaho judicial system,
- 14:00Speaker 1: underscored Hipler's district's role in high-profile criminal cases. As the
- 14:06Speaker 1: administrative district judge for Idaho's 4th Judicial District, Hipler plays
- 14:10Speaker 1: a critical role in managing the court's docket, ensuring that
- 14:13Speaker 1: cases proceed efficiently through the legal system. His administrative responsibilities
- 14:18Speaker 1: include setting court policies, managing case flow, and overseeing the
- 14:22Speaker 1: work of other judges within the district. This role is
- 14:26Speaker 1: pivotal in maintaining the high standards of Idaho's judiciary, especially
- 14:30Speaker 1: in Ada County, while encompasses the state capital, Boise, and
- 14:33Speaker 1: serves as the hub for much of Idaho's legal activity.
- 14:37Speaker 1: Beyond his role in the courtroom, Judge Hipler has contributed
- 14:41Speaker 1: to Idaho's legal community through his involvement in legal education
- 14:45Speaker 1: and mentorship. His impact extends beyond his rulings, as he's
- 14:48Speaker 1: known to engage with young lawyers and provide guidance to
- 14:51Speaker 1: legal practitioners throughout the state. Hipler's reputation as a thoughtful,
- 14:56Speaker 1: balanced judge makes him a key figure in Idaho's legal landscape,
- 15:00Speaker 1: and his influence will likely continue to grow as he
- 15:03Speaker 1: presides over more high-profile cases. Judge Stephen J. Hipler is
- 15:08Speaker 1: a well-respected figure in Idaho's judiciary, known for his fair
- 15:11Speaker 1: and balanced approach to the law. His extensive background in
- 15:15Speaker 1: civil litigation, combined with his ability to manage emotionally charged
- 15:19Speaker 1: criminal cases, has made him a prominent judge in the state.
- 15:23Speaker 1: His role in the high-profile cases like Emmerich Osuna murder
- 15:26Speaker 1: and the upcoming Brian Koberger trial underscores his importance in
- 15:30Speaker 1: Idaho's legal system. Hipler's dedication to legal procedure, fairness, and
- 15:35Speaker 1: justice continues to shape the 4th Judicial District and ensures
- 15:39Speaker 1: his lasting influence on Idaho's judiciary. And I think a
- 15:42Speaker 1: lot of that is going to hinge on what happens
- 15:45Speaker 1: with this Kohlberger trial, right? But there's a quick profile
- 15:49Speaker 1: on the man who's going to be handling the proceedings
- 15:51Speaker 1: from here on out. And like usual, when we have
- 15:54Speaker 1: some more information to share, we'll get it added to
- 15:57Speaker 1: the catalog. But until then, all of the information that
- 16:00Speaker 1: goes with this episode can be found in the description box.
- 16:04Speaker 1: What's up everyone and welcome back to the program. Just
- 16:08Speaker 1: when I thought that the prosecution up in Idaho was
- 16:11Speaker 1: doing the right thing, and just when I thought that
- 16:14Speaker 1: the state had all their ducks in a row, only
- 16:16Speaker 1: to find out that somebody is leaking information to the media.
- 16:23Speaker 1: And as you all know, I am not a fan
- 16:25Speaker 1: of prosecutorial misconduct. And I think that the prosecution team,
- 16:30Speaker 1: if it's found out that they are behind these leaks,
- 16:33Speaker 1: or if anyone connected to the investigation in an official
- 16:36Speaker 1: capacity is behind these leaks, then I think there should
- 16:40Speaker 1: be some serious, serious sanctions for the prosecution. Now, what
- 16:44Speaker 1: those sanctions might be, I don't know. But there are
- 16:47Speaker 1: some legal experts that are saying that all the evidence
- 16:51Speaker 1: that came with that leak should get thrown out. Now,
- 16:55Speaker 1: I don't know if that's going to be what ends
- 16:57Speaker 1: up happening here. But I have a funny feeling that
- 17:01Speaker 1: this leak has really opened up a can of worms. So,
- 17:05Speaker 1: let's dive into this article from Fox News and let's
- 17:08Speaker 1: see where things currently stand. Headline, Brian Koberger case leak
- 17:14Speaker 1: could lead to excluded evidence, Idaho attorney warns. This article
- 17:18Speaker 1: was authored by Adam Sabes and Michael Ruiz. An Idaho-based
- 17:24Speaker 1: lawyer said she thinks Judge Stephen Hippler will absolutely hold
- 17:28Speaker 1: prosecutors and law enforcement accountable after sensitive information about the
- 17:33Speaker 1: Brian Koberger quadruple murder case was leaked. And they should.
- 17:36Speaker 1: I don't know how many times I have to say it,
- 17:39Speaker 1: but I guess I'll say it again. The prosecution holds
- 17:42Speaker 1: so much power in their hands, they can't cut any corners.
- 17:46Speaker 1: They have to do everything by the book. And if
- 17:48Speaker 1: they don't, especially in a capital murder case, there needs
- 17:52Speaker 1: to be ramifications. The only question here is, how far
- 17:56Speaker 1: is Judge Hipler going to go? Because I don't think
- 17:59Speaker 1: he's going to just sit by and let this slide.
- 18:02Speaker 1: He's not that kind of judge, and Idaho has shown
- 18:04Speaker 1: us previously that they don't take kindly to this kind
- 18:07Speaker 1: of shit. Just take a look at what happened with
- 18:09Speaker 1: Lori Vallow. A TV episode about the murders of four
- 18:14Speaker 1: University of Idaho students was aired on May 9th and
- 18:17Speaker 1: featured new cell phone records, surveillance video, search records, and more.
- 18:23Speaker 1: Kohlberger is accused of killing Zanna Kernodle, Kaylee Gonsalves, Madison Mogan,
- 18:28Speaker 1: and Ethan Chapin. Now, look, we have to make sure
- 18:31Speaker 1: that these leaks came from law enforcement, but where else
- 18:34Speaker 1: could they come from? Now, maybe somebody connected to the
- 18:38Speaker 1: case had access, but I doubt it. And now with
- 18:42Speaker 1: Judge Hippler initiating this investigation, I think that they're going
- 18:47Speaker 1: to get to the bottom of who this leak came from.
- 18:50Speaker 1: And when they do, he's going to drop the hammer
- 18:52Speaker 1: on that person and probably on the prosecution in general.
- 18:56Speaker 1: And as strong of a case as I think they've built,
- 18:58Speaker 1: I also believe that Brian Koberger has rights that have
- 19:02Speaker 1: to be respected. And if the state steps out of
- 19:04Speaker 1: line and they're committing constitutional errors, then there's going to
- 19:09Speaker 1: be big problems. Now, of course, we have to wait
- 19:12Speaker 1: for the investigation, right? We don't know. But I will
- 19:15Speaker 1: say this. We do know that there were leaks one
- 19:18Speaker 1: way or the other. How else did Dateline get that information?
- 19:23Speaker 1: New information about the murders was shared during the May
- 19:26Speaker 1: 9th NBC Dateline program, which included surveillance video from a
- 19:30Speaker 1: nearby house. The surveillance video showed a car, similar to Kohlberger's,
- 19:35Speaker 1: that was in the area of the King Road house
- 19:37Speaker 1: several times just before the four students were killed. And
- 19:41Speaker 1: why would somebody even leak this information at this point?
- 19:44Speaker 1: What do you have to gain by it? I don't
- 19:47Speaker 1: understand the motivation. Like, you want to throw the whole
- 19:50Speaker 1: thing into jeopardy because you want to get this information
- 19:53Speaker 1: out there now if they were blowing the whistle on
- 19:55Speaker 1: some prosecutorial misconduct then that would be one thing but
- 19:59Speaker 1: this is a whole different thing entirely and what they're
- 20:02Speaker 1: doing is they're giving over sensitive gagged information that was
- 20:06Speaker 1: never meant for public consumption And in doing so, they
- 20:10Speaker 1: have tilted the table against Brian Kohlberger, or at the
- 20:14Speaker 1: very least, opened the door for his team to say
- 20:17Speaker 1: that that's happening. And they're already doing so. The program
- 20:21Speaker 1: also claimed that the FBI's cell phone tower data showed
- 20:24Speaker 1: that Kohlberger's cell phone pinged nearly a dozen times to
- 20:28Speaker 1: a tower that provides coverage to an area within 100
- 20:31Speaker 1: feet of 1122 King Road, where he allegedly killed the
- 20:35Speaker 1: four students. Well, we knew that previously. We had heard that. Now,
- 20:39Speaker 1: maybe this was some kind of confirmation. And if it was,
- 20:42Speaker 1: it really goes to the heart of the matter entirely
- 20:46Speaker 1: because you can't confirm or deny anything that's going on
- 20:49Speaker 1: in that courtroom due to the gag order. And whether
- 20:52Speaker 1: you agree with the gag order or not is neither
- 20:55Speaker 1: here nor there. What matters is the gag order is
- 20:58Speaker 1: in place and you have to follow the order that's
- 21:01Speaker 1: been put forth by the court. And if you don't,
- 21:04Speaker 1: you have to expect that you're going to get slapped.
- 21:07Speaker 1: Edwina Elcox, a criminal defense attorney in Boise, Idaho, told
- 21:11Speaker 1: Fox News Digital she thinks Hipler is taking the leak
- 21:14Speaker 1: very seriously. I think prosecutors and law enforcement will absolutely
- 21:19Speaker 1: be held accountable, Elcox said, noting she has worked on
- 21:23Speaker 1: cases with Hipler as the judge. Elcox said she absolutely
- 21:28Speaker 1: thinks it's possible for evidence presented during the TV episode
- 21:32Speaker 1: to be excluded in court. And I certainly think that
- 21:35Speaker 1: that's a possibility. We know that Judge Hippler is not
- 21:39Speaker 1: the kind of guy that wants to play games. So
- 21:41Speaker 1: it's going to be interesting to see what the penalty is,
- 21:44Speaker 1: if there's a penalty, after this investigation. But if and
- 21:48Speaker 1: when it comes back that there was a leak, I
- 21:50Speaker 1: expect the punishment to be severe. I really do. And
- 21:54Speaker 1: I think that he's going to set a precedent moving forward,
- 21:57Speaker 1: not only for this case, but cases that come after it.
- 22:00Speaker 1: And at this point, how many times have we seen
- 22:02Speaker 1: prosecutors absolutely screw things up? So yeah, we have a
- 22:07Speaker 1: long way to go when it comes to Brian Koberger,
- 22:10Speaker 1: and I think the evidence is very strong against him,
- 22:13Speaker 1: but the prosecutors might be getting in their own way.
- 22:16Speaker 1: And if I was one of these family members, I'd
- 22:18Speaker 1: have some severe reservations after this whole entire ordeal. Can
- 22:23Speaker 1: you imagine if the remedy for this was all the
- 22:26Speaker 1: evidence being excluded, Alcock said? I absolutely think that that's
- 22:30Speaker 1: in the realm of remedies. Now, I don't think it's
- 22:32Speaker 1: going to go that far, but I think there's going
- 22:34Speaker 1: to be penalties. Not only should it never happen, under
- 22:37Speaker 1: any circumstances, there was a gag order, she added. Hipler
- 22:58Speaker 1: said Thursday in an order that the court's gag order
- 23:00Speaker 1: was likely violated by someone who at one point was
- 23:04Speaker 1: associated with either law enforcement or the prosecution team. So
- 23:09Speaker 1: if it's somebody who's a former member of the team,
- 23:12Speaker 1: then I'm not too sure how the judge is going
- 23:14Speaker 1: to go about handing down some kind of penalty for that.
- 23:19Speaker 1: Because if it's somebody that was formerly on the team,
- 23:21Speaker 1: maybe they'll just be punished and not the prosecution. Now,
- 23:25Speaker 1: if it's an active member, of the prosecution or law enforcement,
- 23:30Speaker 1: I think that the penalties have to be severe. Now,
- 23:33Speaker 1: what those penalties are going to be, that's going to
- 23:36Speaker 1: be up to interpretation by the judge, but I think
- 23:38Speaker 1: they're going to be severe, and I think that it's
- 23:41Speaker 1: going to hamper the prosecution's case moving forward at least
- 23:44Speaker 1: a little bit, especially in the optics department, because it
- 23:48Speaker 1: gives it that tinge of, well, maybe something isn't right here.
- 23:52Speaker 1: Maybe they're trying to railroad Brian Kohlberger. And we all
- 23:55Speaker 1: know how the grifters love to latch on to some
- 23:57Speaker 1: shit like that. You're opening the door for some real
- 24:00Speaker 1: serious nonsense here, and you better believe that the carnival
- 24:03Speaker 1: barkers are going to walk right through that door. Hipler
- 24:07Speaker 1: ordered anyone who worked with either law enforcement or a
- 24:10Speaker 1: prosecution on this case to retain all communication and data
- 24:14Speaker 1: relating to the murder investigation. Such violations not only undermine
- 24:20Speaker 1: the rule of law, potentially by persons charged with upholding it,
- 24:23Speaker 1: but also significantly impede the ability to seat an impartial
- 24:27Speaker 1: jury and will likely substantially increase the cost to be
- 24:31Speaker 1: borne by the taxpayers of Latah County. To prosecute this
- 24:35Speaker 1: case by extending the time it will take to seat
- 24:37Speaker 1: a jury and potentially requiring lengthy period of the jurors
- 24:41Speaker 1: being sequestered, Hipler wrote. Hipler also said he's open to
- 24:46Speaker 1: appointing a special prosecutor who'd investigate where the leak came from,
- 24:50Speaker 1: but hasn't made a decision. He gave a seven-day deadline
- 24:54Speaker 1: of prosecutors who were ordered to submit a list on
- 24:58Speaker 1: camera of all individuals within law enforcement and the prosecuting
- 25:02Speaker 1: agencies that have access to the information shared in the episode.
- 25:07Speaker 1: The Idaho Statesman investigative reporter Kevin Fixler told Fox News
- 25:11Speaker 1: America Reports that He was surprised when the Dateline episode aired. Yeah,
- 25:15Speaker 1: so was I. I mean, I couldn't believe that they
- 25:18Speaker 1: were airing the information that they aired, considering the gag order.
- 25:22Speaker 1: And I was wondering and saying to myself, where the
- 25:23Speaker 1: hell did they get this information? Well, now we know.
- 25:27Speaker 1: According to the court, it was because of a leak.
- 25:31Speaker 1: I've been on this case since literally day one, and
- 25:34Speaker 1: this was a surprise. A lot of this information that
- 25:37Speaker 1: was released just two and a half months before trial.
- 25:40Speaker 1: So we're trying to better understand... Where that came from,
- 25:43Speaker 1: Fixler said, and what's the motivation? I think that's an
- 25:46Speaker 1: important part that's not being discussed. What's the motivation for
- 25:50Speaker 1: releasing something like this? Forensic expert, the Jacksonville State University professor,
- 25:56Speaker 1: Joseph Scott Morgan, told Fox News Digital, there's a risk
- 26:00Speaker 1: that the TV episode on Kohlberger will taint the jury pool.
- 26:04Speaker 1: I think the first place you have to look is
- 26:06Speaker 1: the tainting of the pool of the jury pool, Morgan said.
- 26:10Speaker 1: progressively it becomes more and more difficult because people form opinions,
- 26:14Speaker 1: they put things out there that are not true, and
- 26:17Speaker 1: you still have to pick a jury. And it's not
- 26:19Speaker 1: like you're going to Manhattan, you're talking about Ada County, Idaho.
- 26:23Speaker 1: You have a limited pool of potential jurors there. Yeah,
- 26:26Speaker 1: that might be the case, but I don't think that
- 26:29Speaker 1: it's going to matter one way or the other when
- 26:31Speaker 1: we're talking about a tainted jury pool. And I've said
- 26:33Speaker 1: that a million times, I think it's overblown, and that's
- 26:36Speaker 1: because of the information bubble that we live in. Everybody
- 26:40Speaker 1: knows everything these days. And whether it's the Dateline episode
- 26:43Speaker 1: or something else, people are going to have opinions about
- 26:46Speaker 1: Brian Koberger. They need to find out who's inside that
- 26:50Speaker 1: investigative bubble that would release all this digital data because
- 26:54Speaker 1: you're talking about a copious amount, not just about a
- 26:57Speaker 1: new video that we're seeing that we've never seen before,
- 27:00Speaker 1: Morgan added. And he's not wrong. There's a lot of
- 27:03Speaker 1: information that was released here and it needs to be
- 27:05Speaker 1: sessed out. Morgan said the leak might have the biggest
- 27:10Speaker 1: impact if Kohlberger decides to file an appeal after a
- 27:13Speaker 1: jury hands down his decision 1,000%. And this is what
- 27:17Speaker 1: I said from the beginning. You have to play the
- 27:19Speaker 1: game worrying about the appeal the whole entire time. Because
- 27:24Speaker 1: if he's found guilty, you know he's appealing this. It's
- 27:26Speaker 1: not even a question. So why give them any kind
- 27:29Speaker 1: of tenable ground to stand upon? But here we are
- 27:33Speaker 1: once again with a prosecution shit in the bed. Afterwards,
- 27:38Speaker 1: if in fact Kohlberger is found guilty, his attorneys are
- 27:41Speaker 1: going to have a field day with stuff like this,
- 27:43Speaker 1: he said. Former Assistant U.S. Attorney Nima Rahmani told Fox
- 27:48Speaker 1: News Digital he doesn't think the leak will have much
- 27:51Speaker 1: of an impact on the case. People should follow court orders,
- 27:55Speaker 1: but this is more bluster than anything, and I don't
- 27:58Speaker 1: think much will come of it. This is what happens
- 28:00Speaker 1: when you have a very broad gag order, and it
- 28:03Speaker 1: takes three and a half years to finally get a
- 28:04Speaker 1: murder case to trial. It's not realistic to expect evidence
- 28:08Speaker 1: not being leaked to the media for years in the
- 28:10Speaker 1: biggest murder trial in the country, Rahmani said. And while
- 28:14Speaker 1: that might be true, I don't think Judge Hippler feels
- 28:16Speaker 1: the same way. So we'll see what Judge Hippler decides.
- 28:20Speaker 1: And when that order hits the docket one way or
- 28:23Speaker 1: the other, we'll get it added to the catalog. But
- 28:26Speaker 1: until then, that's going to do it for this one.
- 28:28Speaker 1: All of the information that goes with this episode can
- 28:31Speaker 1: be found in the description box. What's up, everyone, and
- 28:34Speaker 1: welcome back to the program. In this episode, we're going
- 28:38Speaker 1: to spin back up to Moscow and we're going to
- 28:40Speaker 1: check in on what's going on with Judge Hippler and
- 28:43Speaker 1: some of his newest rulings. And one of those new
- 28:45Speaker 1: rulings has to do with how pervasive the secret filings
- 28:49Speaker 1: have been when it comes to Brian Kohlberger's trial. And
- 28:53Speaker 1: this is something that I've had a problem with from
- 28:55Speaker 1: the very beginning. I think that there has been way
- 28:57Speaker 1: too much secrecy here. And while I understand that it's
- 29:00Speaker 1: because it's a capital punishment case, that doesn't mean that
- 29:03Speaker 1: the public doesn't have a right to see what's going on.
- 29:07Speaker 1: The process has to be open. It has to be
- 29:09Speaker 1: transparent so that we can all see that the process
- 29:12Speaker 1: is working and that there's no tomfoolery afoot. And that's
- 29:15Speaker 1: why I'm never a fan of these restrictive-ass gag orders
- 29:18Speaker 1: that you see get draped over these cases. Because both
- 29:22Speaker 1: sides end up taking liberties with the gag order and
- 29:25Speaker 1: they end up not saying a goddang thing about what's
- 29:27Speaker 1: going on and it ends up being a shitshow. How
- 29:31Speaker 1: much more fertile ground do you need for these conspiracy
- 29:34Speaker 1: theories and their idiocy to take root? And a lot
- 29:37Speaker 1: of that is self-made and unfortunately that's the result when
- 29:41Speaker 1: you can't have transparency because of the gag order. Well,
- 29:44Speaker 1: Judge Hippler has had enough, and according to him, they
- 29:48Speaker 1: have been taking liberties and they're going too far. So
- 29:51Speaker 1: today we have an article from Fox News and the headline,
- 29:54Speaker 1: Idaho Murders Case. Brian Kohlberger judge ends pervasive secret filings,
- 29:59Speaker 1: restricting what public can see. This article was authored by
- 30:03Speaker 1: Michael Ruiz. Ada County Judge Stephen Hippler told both sides
- 30:08Speaker 1: in the Idaho student murders case that they will no
- 30:10Speaker 1: longer have the court's permission to file a large number
- 30:13Speaker 1: of documents under seal and out of view of the public.
- 30:16Speaker 1: So this is going to make a lot of people happy.
- 30:19Speaker 1: And it's going to go a long way to giving
- 30:20Speaker 1: credibility to what the prosecution's up to. And this is
- 30:23Speaker 1: one of those rare instances where I think that this
- 30:26Speaker 1: ruling is favorable to both sides. I think both sides
- 30:29Speaker 1: have a lot to gain here from being a little
- 30:31Speaker 1: bit more transparent and being a little bit more upfront
- 30:34Speaker 1: about what's going on, whether that's within these court filings
- 30:38Speaker 1: or elsewhere. The party's pervasive practice of filing material under
- 30:43Speaker 1: seal in this case has become the norm, rather than
- 30:46Speaker 1: the exception, Hipler wrote in an order filed Monday. Rather
- 30:50Speaker 1: than seeking to redact discrete sensitive information, entire documents are
- 30:54Speaker 1: filed under seal. In addition, much of the material the
- 30:58Speaker 1: parties seek to seal is already in the public domain
- 31:01Speaker 1: or is simply not confidential or sensitive. And this is
- 31:04Speaker 1: a big problem in cases like this in general. When
- 31:07Speaker 1: you have one of these expansive cases and you have
- 31:09Speaker 1: a restrictive gag order, nothing comes out. And while I
- 31:13Speaker 1: understand what the purpose of a gag order is, I
- 31:16Speaker 1: know that if I was innocent, I really wouldn't want
- 31:18Speaker 1: to deal with not having the information out there. I
- 31:21Speaker 1: wouldn't want narrative to just build on their own. We
- 31:24Speaker 1: all know how that turns out. So I would want
- 31:27Speaker 1: to get out in front of it. Now, if I
- 31:28Speaker 1: was guilty, whole different story. I'd want a whole ass
- 31:32Speaker 1: drape thrown over this shit so nobody saw any of
- 31:34Speaker 1: the evidence until trial time. Brian Koberger's defense team and
- 31:38Speaker 1: state prosecutors can still ask to have certain information, such
- 31:41Speaker 1: as the names of witnesses and the victims' family members redacted,
- 31:45Speaker 1: Hipler said. He will also allow documents to be filed
- 31:48Speaker 1: under seal if sealing is justified under Idaho Court Administrative
- 31:52Speaker 1: Rule 32, which governs documents that are exempt from public disclosure. Well,
- 31:58Speaker 1: shouldn't we be doing that anyway? Everything should be on
- 32:02Speaker 1: the up and up. Every last I dotted, every last
- 32:06Speaker 1: T crossed. And every procedure followed. Because understand this, we're
- 32:10Speaker 1: not talking about a regular case here. We're talking about
- 32:13Speaker 1: a capital punishment case where the burden of proof is
- 32:16Speaker 1: much higher and where that mountain to climb to get
- 32:19Speaker 1: the conviction and to get the death penalty is also
- 32:23Speaker 1: much higher. So the prosecution has to be on their
- 32:26Speaker 1: shit and they have to make sure they're doing the
- 32:28Speaker 1: right thing. And believe me when I tell you, if
- 32:30Speaker 1: I feel like they're not doing the right thing, we'll
- 32:32Speaker 1: be talking about that too. Because everybody deserves a fair shake.
- 32:37Speaker 1: Doesn't matter what you're accused of. It doesn't matter what
- 32:40Speaker 1: the evidence looks like. Everybody deserves a fair shake inside
- 32:44Speaker 1: of the courtroom. And if the evidence is strong enough,
- 32:48Speaker 1: your bitch ass is going to go to jail. And
- 32:50Speaker 1: in Brian Kohlberger's case, if the evidence is strong enough,
- 32:54Speaker 1: his bitch ass is going to be put to death.
- 32:56Speaker 1: But we have to go through all of the steps first, right?
- 32:59Speaker 1: The process must be followed and all rights must be respected.
- 33:04Speaker 1: The parties must also seek the least restrictive method to
- 33:07Speaker 1: protect information that should be or is exempt from disclosure,
- 33:10Speaker 1: Hipler wrote. For example, despite the court's concerns being expressed previously,
- 33:15Speaker 1: the state continues to seek broad orders sealing entire documents
- 33:18Speaker 1: to protect the identity of individuals rather than simply using
- 33:22Speaker 1: initials or requesting that a redacted version be made public
- 33:26Speaker 1: that discloses only initials. So yeah, look, I'm not a fan.
- 33:31Speaker 1: I think that the prosecution especially should be as transparent
- 33:34Speaker 1: as possible. And if you can use initials or you
- 33:38Speaker 1: can follow these other directives, that's what you should be doing.
- 33:42Speaker 1: You see, the public, that's me and you, we have
- 33:44Speaker 1: a right to this information. And that's how our system
- 33:47Speaker 1: is set up. So that we can follow along with
- 33:49Speaker 1: what's going on inside of the courtroom so that we
- 33:51Speaker 1: know the process works and we know that nobody's getting railroaded.
- 33:56Speaker 1: So I think that Judge Hippler coming out here and
- 33:58Speaker 1: releasing this order is a good thing. And every day
- 34:01Speaker 1: that goes by, it seems to me that Judge Hippler
- 34:04Speaker 1: is the right man for this job. The court will
- 34:07Speaker 1: also continue to redact filings that include grand jury testimony
- 34:11Speaker 1: because grand jury proceedings take place in secret by default. Well,
- 34:15Speaker 1: that's okay. Anything that should be redacted or sealed, seal
- 34:20Speaker 1: it up. But anything that doesn't need to be, why
- 34:23Speaker 1: are we sealing it? Why are we hiding it from
- 34:25Speaker 1: the light of day? Why aren't people able to see
- 34:28Speaker 1: it and access it and understand what's going on? It's
- 34:32Speaker 1: not a good look and it just gives more fuel
- 34:34Speaker 1: to the fire. that the defense is trying to set.
- 34:37Speaker 1: They want to fan those flames, right? They want the
- 34:40Speaker 1: narrative to be that Brian Kohlberger is getting a bad shake,
- 34:43Speaker 1: that he is being treated unfairly, and that his constitutional
- 34:46Speaker 1: rights are being decimated. Unfortunately for them, we haven't seen that. Now,
- 34:52Speaker 1: what I will say, though, is that filing this stuff
- 34:55Speaker 1: under seal? Not a good look. If it's something that
- 34:59Speaker 1: doesn't need to be filed under seal, then don't file
- 35:02Speaker 1: it under seal. You would think that's obvious, but here
- 35:04Speaker 1: we are. I've never seen so many documents sealed in
- 35:08Speaker 1: a criminal case with no real legal basis, said Niyama Rahmani,
- 35:12Speaker 1: a former federal prosecutor and Los Angeles-based trial attorney. There
- 35:17Speaker 1: is a strong presumption that court filings are public, and
- 35:20Speaker 1: I agree. Court filings should be public, and there should
- 35:25Speaker 1: be an online database for every single court in this country,
- 35:28Speaker 1: or every district. You shouldn't have to go down to
- 35:31Speaker 1: the courthouse and get any documents, not this day and age.
- 35:35Speaker 1: everything should be available for the people that are paying
- 35:38Speaker 1: for this to take place, you know, the taxpayer. All
- 35:41Speaker 1: of that should be at your disposal, all of it
- 35:43Speaker 1: should be at your fingertips, and you shouldn't have to
- 35:45Speaker 1: go on fishing expeditions to find these documents. The case
- 35:48Speaker 1: has garnered massive public interest across the U.S. and abroad,
- 35:51Speaker 1: he said, and as a result, the public's interest can
- 35:54Speaker 1: be violated by conducting so much of the proceeding behind
- 35:57Speaker 1: closed doors. It's not proper for the judge to issue
- 36:01Speaker 1: a blanket order gagging the victim's family's and to allow
- 36:04Speaker 1: the parties carte blanche to file everything under seal, he said.
- 36:07Speaker 1: That's something I said from the jump. And frankly, if
- 36:11Speaker 1: I was a family member and you tried to gag
- 36:12Speaker 1: me and tell me I couldn't talk about anything that
- 36:14Speaker 1: has to do with my relative who was murdered, there's
- 36:18Speaker 1: a pretty good chance that my response would include a
- 36:21Speaker 1: whole lot of bad words, and most of them in Italian.
- 36:24Speaker 1: How are you going to tell a family member that
- 36:26Speaker 1: they can't talk about their family member being murdered? That
- 36:29Speaker 1: is some wild, nasty work to tell people that they
- 36:32Speaker 1: can't talk about their relative who was murdered because there's
- 36:35Speaker 1: some gag order draped over the case. Yeah, nice try.
- 36:40Speaker 1: Never gonna work. In fact, despite you, I would start
- 36:42Speaker 1: a podcast. Is there anything that is more cherished or
- 36:46Speaker 1: more important than free speech in our society? I don't
- 36:48Speaker 1: think so. Just days after Kohlberger was arrested in connection
- 36:53Speaker 1: with the murders of Madison Mogan, Kaylee Gonsalves, Zanna Kernodle,
- 36:57Speaker 1: and Ethan Chapin, Latah County Magistrate Judge Megan Marshall issued
- 37:01Speaker 1: the first gag order. Both sides have used the gag
- 37:04Speaker 1: order to justify answering virtually no questions about the case
- 37:08Speaker 1: outside the courtroom. As a result, nearly all of the
- 37:11Speaker 1: publicly known information in the case was either contained in
- 37:14Speaker 1: a police affidavit unsealed in January 2023 or through courtroom statements.
- 37:20Speaker 1: And if you're wondering why we go through the court
- 37:22Speaker 1: documents the way we do, here it is. The real
- 37:25Speaker 1: story is inside those court documents. And I'll say it
- 37:27Speaker 1: from now till the next Sanjanad. That's exactly what we're
- 37:31Speaker 1: going to keep doing. We're going to dive deep and
- 37:33Speaker 1: we're going to try and get more than just a
- 37:35Speaker 1: surface level understanding of these topics that we're discussing. And
- 37:39Speaker 1: if we have a resource like court documents, so much
- 37:42Speaker 1: the better. And also keep in mind people who aren't
- 37:44Speaker 1: using the court documents as their guide, well, they're making
- 37:47Speaker 1: things up. Okay? It's like over in the Diddy case.
- 37:51Speaker 1: You have people talking about necromancy and all kinds of
- 37:54Speaker 1: crazy shit, and none of it's true. But it's gonna
- 37:57Speaker 1: catch on, and those very same people are gonna end
- 38:00Speaker 1: up making a bunch of money on their grift. What
- 38:03Speaker 1: it comes down to is people love to debase themselves.
- 38:05Speaker 1: People love to dance like a bunch of idiots. People
- 38:08Speaker 1: love to make things up and waste your time. I, however,
- 38:12Speaker 1: am not in that business. And while it's not a
- 38:15Speaker 1: great financial decision to me to not be a salacious moron,
- 38:19Speaker 1: I prefer not to debase myself for a few coins.
- 38:21Speaker 1: There are a whole lot of people with a whole
- 38:23Speaker 1: lot of opinions, but not so much integrity. Kohlberger was
- 38:28Speaker 1: studying for a PhD in criminology at Washington State University
- 38:31Speaker 1: in Pullman, Washington at the time of the murders. His
- 38:34Speaker 1: apartment was about 20 minute drive from the crime scene
- 38:37Speaker 1: at the neighboring University of Idaho in Moscow, Idaho, where
- 38:41Speaker 1: all four victims were undergrads. Each had been stabbed multiple
- 38:45Speaker 1: times in a 4 a.m. home invasion. Under the 21-year-old
- 38:49Speaker 1: Mogan's body, police found a knife sheath that prosecutors allege
- 38:52Speaker 1: contained Kohlberger's DNA. Other known evidence includes phone data and
- 38:57Speaker 1: video showing the suspect's vehicle, as well as testimony from
- 39:01Speaker 1: a surviving housemate who saw a man with bushy eyebrows
- 39:04Speaker 1: leave the crime scene wearing a mask, possibly carrying a
- 39:08Speaker 1: vacuum cleaner. Carrying a vacuum cleaner, huh? In a case
- 39:12Speaker 1: that makes you say, what? All the time? Well, here's
- 39:15Speaker 1: another situation. What? After Kohlberger's indictment, the case went to
- 39:19Speaker 1: District Judge John Judge, who entered not guilty pleas on
- 39:31Speaker 1: the defender's behalf at his arraignment in 2023, and he
- 39:35Speaker 1: kept the gag order in place. Not a good idea then,
- 39:38Speaker 1: not a good idea now. It went to Judge Hipler
- 39:41Speaker 1: after the defense argued for and received a change of venue.
- 39:44Speaker 1: Kohlberger's third judge made several moves favoring transparency in recent days,
- 39:49Speaker 1: unsealing the transcript of a closed-door hearing on DNA evidence
- 39:53Speaker 1: that took place in January and ordering the court to
- 39:56Speaker 1: make audio recordings available for other sealed hearings that took
- 40:00Speaker 1: place earlier. Koberger's trial is expected to begin in August
- 40:05Speaker 1: and can take up to 15 weeks. He could face
- 40:07Speaker 1: the death penalty if convicted. And I think that if
- 40:11Speaker 1: he is convicted, that's exactly what's going to happen. I
- 40:14Speaker 1: think that's going to be the punishment. And if we're
- 40:17Speaker 1: looking at the evidence that we've been shown so far,
- 40:20Speaker 1: I would say that the likelihood of them getting that
- 40:22Speaker 1: conviction is pretty good. Unless there's something that occurs from
- 40:26Speaker 1: now until August when this is about to kick off,
- 40:29Speaker 1: I don't see how Brian Kohlberger's team is going to
- 40:32Speaker 1: be able to challenge what the prosecution has already brought forward.
- 40:36Speaker 1: So it's going to be interesting to see which way
- 40:38Speaker 1: the strategy turns now. after the genetic information has been
- 40:42Speaker 1: allowed in. So, like usual, we'll continue to follow along
- 40:45Speaker 1: as this all evolves, as the state of Idaho continues
- 40:48Speaker 1: to try and make the case against Brian Kohlberger. If
- 40:52Speaker 1: you'd like to contact me, you can do that at
- 40:54Speaker 1: bobbycapucci at protonmail.com. That's B-O-B-B-Y-C-A-P-U-C-C-I at protonmail.com. Or if you prefer,
- 41:02Speaker 1: you can find me on X at B-O-B-B-Y underscore C-A-P-U-C-C-I.
- 41:08Speaker 1: All of the information that goes with this episode can
- 41:10Speaker 1: be found in the description box.