Latest / Beyond The Horizon / Mega Edition: Bryan Kohberger And The Brady Violation Argument (9/16/26)

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Mega Edition: Bryan Kohberger And The Brady Violation Argument (9/16/26) · Beyond The Horizon

0:00
Speaker 1: Up everyone and welcome back to the program so there's
0:04
Speaker 1: been a lot of talk about the Brady disclosure and
0:08
Speaker 1: the fact that there is an investigation obviously into one
0:12
Speaker 1: of the police officers who was investigating the murders in
0:16
Speaker 1: Moscow so I thought it would be time for us
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Speaker 1: the court filing surrounding this notice of a Brady disclosure
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Speaker 1: so let's get right to it case number CR 29-22
0:29
Speaker 1: Dash twenty eight oh five notice of Brady disclosure and
0:34
Speaker 1: request for protective order. State of Idaho plaintiff versus Brian
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Speaker 1: Christopher Kohlberger defendant comes now to the state of Idaho
0:44
Speaker 1: by and through the Latah County prosecuting attorney's office and
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Speaker 1: respectfully gives notice to court and counsel. that the state
0:51
Speaker 1: has become aware of potential Brady-Gilio material related to one
0:56
Speaker 1: of the officers involved in the above-referenced case. The material,
1:01
Speaker 1: in the form of a confidential internal affairs investigation, is
1:05
Speaker 1: hereby submitted in camera to the court. The state intends
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Speaker 1: to disclose this information to the defendant's counsel, but because
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Speaker 1: this information is confidential and exempt from public disclosure, pursuant
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Speaker 1: to Idaho Code 74-106-1 personal records, the state respectfully prays
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Speaker 1: for the issuance of a protective order pursuant to Idaho
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Speaker 1: Criminal Rule 16-1 prohibiting defense counsel from disseminating the information
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Speaker 1: contained in the internal affairs investigation absent further order of
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Speaker 1: the court. Respectfully submitted this 24th day of March 2023.
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Speaker 1: And this was submitted by William W. Thompson, the prosecuting attorney.
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Speaker 1: And obviously this was just submitted. So they just got
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Speaker 1: this information. And it's very crucial, right? It's very important
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Speaker 1: to see what's going on here as far as the
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Speaker 1: internal affairs investigation goes. Because if this is a situation
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Speaker 1: where a cop was acting the fool as part of
2:07
Speaker 1: this investigation, this is going to explode. Now, I don't
2:11
Speaker 1: think that's what's going on here, but that's just my guess.
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Speaker 1: I don't have any evidence one way or the other.
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Speaker 1: The next document we have is the state's response to
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Speaker 1: the defendant's second supplemental request for discovery. State of Idaho
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Speaker 1: plaintiff versus Brian Christopher Kohlberger, the defendant. To the defendant
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Speaker 1: Brian Christopher Kohlberger and counsel Ann Taylor. Comes now the
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Speaker 1: state of Idaho by and through the Latah County prosecuting
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Speaker 1: attorney and submits the following response to defendant's second supplemental
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Speaker 1: request for discovery. The state incorporates its January 23, 2023
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Speaker 1: state's response to request for discovery and February 21, 2023
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Speaker 1: state's response to defendant's first supplemental request for discovery as
3:01
Speaker 1: if fully set forth at this point. The state has
3:04
Speaker 1: and will continue to provide discovery in accordance with Idaho
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Speaker 1: Criminal Rule 16 and applicable law. This was dated the
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Speaker 1: 29th of March of 2023. And it was signed by
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Speaker 1: William W. Thompson Jr. The next document we have is
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Speaker 1: the protective order of the Brady-Gilio material. Case number CR29-22-2805.
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Speaker 1: State of Idaho plaintiff versus Brian Christopher Kohlberger, the defendant.
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Speaker 1: The above matter, having come before the court pursuant to
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Speaker 1: the state's notice of Brady disclosure and request for protective order,
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Speaker 1: the court having reviewed the same and good cause appearing,
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Speaker 1: it is hereby ordered that the state shall disclose the
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Speaker 1: documents appended under seal to the state's notice of Brady
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Speaker 1: disclosure and request for protective order filed on March 27th, 2023,
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Speaker 1: pursuant to I.C.R. 16-1. It is further ordered that that
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Speaker 1: except as provided in the foregoing paragraph, the parties in
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Speaker 1: council shall not disclose the documents or the contents thereof
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Speaker 1: unless authorized by the court. This was dated on the
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Speaker 1: 27th of March of 2023 and signed by Judge Marshall.
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Speaker 1: And moving on to the final document, it's the order
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Speaker 1: to seal and redact. Case number, CR 29-22-2805. Order to
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Speaker 1: seal and redact. The state of Idaho, plaintiff, versus Brian Kohlberger,
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Speaker 1: the defendant. This matter came before the court on March 14, 2023,
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Speaker 1: on the state's motion to temporarily seal the stipulation to
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Speaker 1: release property and related documents pending hearing pursuant to I.C.A.R.32I.
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Speaker 1: The hearing was held via Zoom. Ashley Jennings appeared on
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Speaker 1: behalf of the state of Idaho, and Taylor appeared on
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Speaker 1: behalf of Mr. Kohlberger. The court reviewed the records, considered
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Speaker 1: the arguments presented, weighed the interests in privacy and public disclosure,
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Speaker 1: and announced its findings of fact on the record. Therefore,
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Speaker 1: pursuant to I.C.A.R.32I2A and D and E and I.C.74-124-1 and B,
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Speaker 1: C and E, The court finds it necessary to seal
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Speaker 1: in part and redact the records herein for the following reasons. 1.
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Speaker 1: The documents contain highly intimate facts or statements, the publication
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Speaker 1: of which would be highly objectionable to a reasonable person. 2.
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Speaker 1: The documents contain facts or statements that might threaten the
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Speaker 1: safety of or endanger the life or safety of individuals. 3.
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Speaker 1: It is necessary to preserve the right to a fair trial. 4.
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Speaker 1: Disclosure would constitute an unwarranted invasion of personal privacy, and 5.
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Speaker 1: Production of such records would disclose investigative techniques and procedures.
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Speaker 1: After due consideration, and with good cause appearing, it is
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Speaker 1: hereby ordered that the record herein shall be disclosed except
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Speaker 1: for the following. 1. Exhibit A and B, attached to
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Speaker 1: the stipulation to release property, are sealed. Two, the stipulation
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Speaker 1: to release property and order to release property be redacted. Three,
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Speaker 1: this order will remain in effect until further order of
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Speaker 1: the court. This was dated on March 24th, 2023, and
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Speaker 1: it was signed by Judge Megan Marshall. The next document
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Speaker 1: is the order to release property. Case number CR 29-22-2805,
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Speaker 1: State of Idaho Plaintiff. versus Brian Kohlberger, the defendant. The
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Speaker 1: above matter having come before the court upon stipulation of
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Speaker 1: the parties and good cause appearing. It is hereby ordered
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Speaker 1: that all items of property and or evidence from 1122
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Speaker 1: King Road, Moscow, Idaho, currently in its possession of the parties,
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Speaker 1: states evidence property attached to Exhibit A, defense evidence property
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Speaker 1: attached to Exhibit B, shall remain in their respective custody
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Speaker 1: and control until further agreement of the parties or order
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Speaker 1: of the court, except for the following items, which the
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Speaker 1: parties stipulate can be released. Remaining property of Madison Mogan,
7:26
Speaker 1: Zanna Kernodle, Ethan Chapin, and Kaylee Gonsalves. So ordered this
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Speaker 1: third day of March of 2023. And this was also
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Speaker 1: signed by Judge Marshall. The next document is the stipulation
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Speaker 1: to release property. Case number, CR 29-22-2805. State of Idaho
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Speaker 1: Plaintiff versus Brian Kohlberger, the defendant. Come now, the State
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Speaker 1: of Idaho, by and through the Latah County Prosecuting Attorney,
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Speaker 1: and the above-named defendant, by and through his undersigned attorney
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Speaker 1: of records, and hereby stipulate that all items of property
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Speaker 1: and or evidence from 1122 King Road, Moscow, Idaho, currently
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Speaker 1: in the possession of the parties, states evidence property attached
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Speaker 1: as Exhibit A, defense evidence property attached as Exhibit B,
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Speaker 1: will remain in their respective custody and control until further
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Speaker 1: agreement of the parties or order of the court, except
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Speaker 1: for the following items, which the parties stipulate can be released.
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Speaker 1: Remaining property of Madison Mogan, Zanna Kernodle, Ethan Chapin, and
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Speaker 1: Kaylee Gonsalves. This was signed on February 28th, and it
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Speaker 1: was signed by Ann Taylor. All right, folks, so there
8:42
Speaker 1: you have it. There is the Brady, Giglio material, and
8:47
Speaker 1: a couple of other various odds and ends as far
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Speaker 1: as some of the most recent court filings. And while
8:53
Speaker 1: they just give us a little bit of a glimpse
8:55
Speaker 1: as far as what's going on, I think it's crucial
8:58
Speaker 1: to make sure that we keep up with these court
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Speaker 1: filings and with what's going on behind the scenes. That
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Speaker 1: way we have an idea about what's going on in
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Speaker 1: context with the case overall. So we're going to continue
9:10
Speaker 1: on our journey here, and we're going to keep eating
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Speaker 1: this elephant one bite at a time as we add
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Speaker 1: these documents to the catalog. All right, everybody, that's going
9:19
Speaker 1: to do it for this one. All of the information
9:21
Speaker 1: that goes with the episode can be found in the
9:24
Speaker 1: description box. Amigos, what's up, everyone, and welcome back to
9:28
Speaker 1: the program. Yesterday, we were talking about the disclosure of
9:33
Speaker 1: possible Jillio Brady material by the prosecution and how it
9:37
Speaker 1: might or might not affect the case. Well, we're getting
9:41
Speaker 1: a little more information about it as some of the
9:43
Speaker 1: experts out there start to weigh in. So today, we
9:46
Speaker 1: have an article from Fox News dealing with this and
9:49
Speaker 1: talking about the likelihood of this Brady-Jillio disclosure looming large.
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Speaker 1: Today's article is from Fox News Headline. Idaho murder suspect
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Speaker 1: Brian Kohlberger's internal affairs disclosure unlikely tied to student stabbings.
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Speaker 1: This article was authored by Michael Ruiz. Idaho prosecutors disclosed
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Speaker 1: an internal affairs investigation to college student murder suspect Brian
10:18
Speaker 1: Kohlberger's defense this week That could be completely unrelated to
10:22
Speaker 1: the quadruple homicide investigation, experts say. And that's what I
10:26
Speaker 1: said yesterday. I doubt it has anything to do with
10:28
Speaker 1: the investigation itself, and it has to do with prior behavior,
10:32
Speaker 1: whatever it may be. And considering this officer was part
10:36
Speaker 1: of the investigation, the prosecution has to be up front
10:40
Speaker 1: with the defense, and they have to offer up everything
10:42
Speaker 1: they have. Because if you don't, you're going to get
10:45
Speaker 1: your conviction, if you get one, overturned on appeal. The
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Speaker 1: prosecution has to have everything buttoned down and they have
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Speaker 1: to follow a very strict set of rules as far
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Speaker 1: as getting a conviction and as far as using things
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Speaker 1: as evidence. And for the defense, even if this has
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Speaker 1: nothing to do with the murders themselves, what they're going
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Speaker 1: to try and do is impugn the credibility of the witness. Well,
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Speaker 1: you have a witness up here who's already under internal
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Speaker 1: affairs investigation. What's to say he was doing the right
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Speaker 1: thing while investigating this case? That's what the defense is
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Speaker 1: going to say, right? Latah County Prosecuting Attorney Bill Thompson's
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Speaker 1: office informed Magistrate Judge Megan Marshall and Koberger's team this
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Speaker 1: week that it would be disclosing potential Brady-Gilio material related
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Speaker 1: to a police officer involved in the massacre probe. But
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Speaker 1: that doesn't mean there is a connection with the stabbings
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Speaker 1: of four University of Idaho students in November. And while
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Speaker 1: that's the most likely scenario here, if it does have
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Speaker 1: to do with the murders itself, the investigation, forget it.
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Speaker 1: That's going to give all kinds of ammunition to the defense.
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Speaker 1: But I don't think that's what happened here. Brady material
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Speaker 1: is information that could potentially prove a defendant's innocence, experts
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Speaker 1: tell Fox News. Giglio material is damaging to the integrity
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Speaker 1: of a witness, in this case, one of the officers
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Speaker 1: involved in the investigation. So it could be anything, right?
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Speaker 1: He could have had a fight with his wife, he
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Speaker 1: could have maybe did some drugs, or maybe he's under
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Speaker 1: investigation for being brutal, who the hell knows? But chances are,
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Speaker 1: it has nothing to do with the actual murders. Marshall
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Speaker 1: granted Thompson's request for a protective order that will withhold
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Speaker 1: the materials from the public based on the argument that
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Speaker 1: they are part of a personnel file which is exempt
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Speaker 1: from disclosure. And earlier this morning, I uploaded that Brady
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Speaker 1: disclosure court filing. This is not uncommon. Paul Morrow, attorney
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Speaker 1: and former NYPD inspector, said of the disclosure, Defense attorneys
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Speaker 1: are entitled to the information through discovery, while the prosecutor
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Speaker 1: is asking that whatever is turned over remains sealed due
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Speaker 1: to the exemption under state law. And they don't want
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Speaker 1: to give away more than they have to. And especially
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Speaker 1: if it's damning to the case, right? They don't want
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Speaker 1: the public to see that. They have to disclose it, obviously,
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Speaker 1: to the defense. But since everything is under the gag order,
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Speaker 1: plus a seal, nobody's going to get to see that stuff,
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Speaker 1: at least until the trial. Jilio materials may be used
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Speaker 1: by the defense to undermine an investigator's credibility, Morrow said,
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Speaker 1: but they don't have to be related to the student stabbings.
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Speaker 1: And it's my guess that the defense certainly will use it.
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Speaker 1: They'll talk about the credibility of the witness, and especially
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Speaker 1: if that witness, that police officer, takes the stand. During cross-examination,
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Speaker 1: he's going to be asked about his internal affairs investigation,
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Speaker 1: what sort of stuff he was up to, all of that,
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Speaker 1: with the hope that that his credibility is destroyed on
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Speaker 1: that stand and that the jurors don't take what he
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Speaker 1: has to say seriously. This is a case, you know,
14:02
Speaker 1: is going to go up on appeal because of mandatory
14:04
Speaker 1: appeals in death penalty cases, explained Nima Rahmani, a former
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Speaker 1: federal prosecutor. So you just want to disclose everything. So
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Speaker 1: you don't get a death sentence overturned on appeal because
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Speaker 1: you didn't comply with your constitutional obligations. And this is
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Speaker 1: another reason why I think it's very important for it
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Speaker 1: to be a transparent process. And so that we know
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Speaker 1: that the state is holding up to its obligations and
14:29
Speaker 1: not trying to cut corners. You know, the state has
14:32
Speaker 1: an advantage as it is when it comes to prosecuting
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Speaker 1: a case. So if they're cutting corners as far as
14:38
Speaker 1: going against the Constitution, that is completely unacceptable. You either
14:43
Speaker 1: have the goods on somebody or you don't. Making up
14:45
Speaker 1: evidence or trying to finagle it to fit, that's a
14:49
Speaker 1: surefire way to disaster come appeal time. So they have
14:52
Speaker 1: to be buttoned up. They have to make sure that
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Speaker 1: they're following all of the rules. Furthermore, he said, prosecutors
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Speaker 1: likely won't even call the impeachable officer to testify anyway
15:03
Speaker 1: and will build their case around unimpeachable evidence. That's certainly
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Speaker 1: a possibility as well, especially with all of this surrounding
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Speaker 1: this officer. The prosecutors might just say, you know what?
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Speaker 1: We have a strong enough case without his testimony. So
15:17
Speaker 1: we don't even need to introduce his testimony to the jurors.
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Speaker 1: Because remember, they don't have to call this cop as
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Speaker 1: a witness. They're going to call the witnesses that they
15:26
Speaker 1: think are going to give them the best shot at
15:29
Speaker 1: a conviction. And on the flip side, you know that
15:31
Speaker 1: the defense is going to do the same thing. They're
15:33
Speaker 1: going to want witnesses up there that are going to
15:36
Speaker 1: try and destroy the credibility of what the prosecution has
15:39
Speaker 1: to say. And like every other case, it's going to
15:42
Speaker 1: come down to a battle of the experts. It comes
15:46
Speaker 1: as the city, its police department, and several officers face
15:49
Speaker 1: a federal lawsuit from a church group in town alleging
15:52
Speaker 1: violations of constitutional rights in connection with a crackdown on
15:57
Speaker 1: protests over COVID-19 restrictions, Wilson et al. versus Moscow et al.
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Speaker 1: And imagine, that's the kind of society that we've become
16:06
Speaker 1: where we're fighting over masks and shit. That's all by design, folks.
16:10
Speaker 1: All of these issues you see out here to get
16:12
Speaker 1: you all fired up and mad at each other, that
16:15
Speaker 1: shit is all by design. What, you think it's all
16:17
Speaker 1: just a big coincidence? The disclosures might be related to
16:21
Speaker 1: the federal lawsuit, or they could be related to something
16:24
Speaker 1: else entirely, experts say. If it's anything from the lawsuit,
16:28
Speaker 1: it might be the allegation that police withheld crime scene
16:32
Speaker 1: video for a year, Rahmani said. This is all kind
16:36
Speaker 1: of speculation, he explained. It literally could be anything. It
16:40
Speaker 1: doesn't even have to be anything illegal. Just something that
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Speaker 1: could impeach the officer's character. Well, I get that, but
16:48
Speaker 1: would the Internal Affairs Bureau be investigating if it was
16:51
Speaker 1: just a character issue? I mean, I guess that's possible.
16:55
Speaker 1: But usually when the Internal Affairs Division is investigating another cop,
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Speaker 1: it's for some sort of crime. It could be beating
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Speaker 1: your wife, smoking weed, getting passed out drunk at a bar.
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Speaker 1: Misusing your authority, lying to protect another officer, excessive force.
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Speaker 1: It's just not a legal conduct. It's anything unethical, embarrassing,
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Speaker 1: anything that says you're a liar, he said. Lying on
17:19
Speaker 1: your taxes. I've seen these. And it can range anything
17:23
Speaker 1: that can potentially impeach you. Think about all these things
17:27
Speaker 1: that can be used to cross-examine and impeach a police officer.
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Speaker 1: Such a wide range of possibilities. And there's no doubt
17:34
Speaker 1: about it. And they will use it, every last bit
17:37
Speaker 1: of it. So the best course of action here, obviously,
17:40
Speaker 1: is not to have this officer testify as a witness.
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Speaker 1: One of the officers named in the lawsuit was reportedly
17:47
Speaker 1: among the first Moscow police personnel responding to the King
17:51
Speaker 1: Road home on November 13th, hours after Kohlberger allegedly snuck
17:56
Speaker 1: inside with a knife and stabbed four friends to death
17:59
Speaker 1: in the middle of the night. The attack killed 21-year-old
18:02
Speaker 1: best friends, Kaylee Gonsalves and Madison Mogan, along with their housemate,
18:06
Speaker 1: Zanna Kernodle, and her visiting boyfriend, Ethan Chapin, both 20.
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Speaker 1: All four had been stabbed multiple times. Only some suffered
18:15
Speaker 1: defensive wounds, suggesting the 4 a.m. ambush began with some
18:19
Speaker 1: of them sleeping. Koberger is being held without bail at
18:23
Speaker 1: the Latah County Jail. His preliminary hearing was scheduled for
18:27
Speaker 1: the week of June 26th, and they have a whole
18:31
Speaker 1: week blocked off for this prelim hearing. This is going
18:34
Speaker 1: to be extensive. And there's going to be a lot
18:36
Speaker 1: to go over, a lot to get through, and a
18:39
Speaker 1: lot of stipulations to be set. what's going to happen
18:43
Speaker 1: moving forward and all of that's going to start on
18:46
Speaker 1: june 26th however i will caution that this trial might
18:50
Speaker 1: not take place for a little bit it might get
18:52
Speaker 1: delayed and bump back all the way into next year
18:54
Speaker 1: maybe because these kinds of cases take a lot of
18:57
Speaker 1: time to work their way through the system especially if
19:00
Speaker 1: it's going to be a capital punishment case and all
19:03
Speaker 1: signs are pointing to that being exactly what we're going
19:06
Speaker 1: to see here so with all of that stuff on
19:08
Speaker 1: the plate it's going to take some time to try
19:11
Speaker 1: and consume it all, right? And while that process is
19:14
Speaker 1: already underway, it's really going to get hypercharged on the
19:18
Speaker 1: 26th of June. But that week is going to be
19:21
Speaker 1: crucial to tell us what's going to happen moving forward
19:24
Speaker 1: as far as timelines and all of the rest of it.
19:27
Speaker 1: And we'll be here for the whole entire duration, covering
19:30
Speaker 1: it as it happens and getting it added to the catalog.
19:34
Speaker 1: All right, folks, that's going to do it for this one.
19:36
Speaker 1: All of the information that goes with the episode can
19:39
Speaker 1: be found in the description box. And welcome back to
19:43
Speaker 1: the program. In this episode, we're going to dive back
19:46
Speaker 1: into those core documents. And this time we're going to.
19:50
Speaker 1: be taking a look at an order to seal which
19:53
Speaker 1: is blank and that's kind of weird considering we haven't
19:57
Speaker 1: seen too many of those kind of filings in these
19:59
Speaker 1: dumps and we also have an order to seal for
20:04
Speaker 1: google services And the final document that we're going to
20:08
Speaker 1: look at is the state's request for discovery disclosure and
20:13
Speaker 1: an alibi demand. So, let's get started with the first document,
20:19
Speaker 1: and that is the order to seal, which is completely redacted.
20:24
Speaker 1: No information whatsoever as far as who this warrant was
20:28
Speaker 1: drawn on. Case number CR29-22-2805. Order to seal. In the
20:36
Speaker 1: matter of the application for a search warrant for redacted
20:41
Speaker 1: MPD case number 22-M0-9903. This matter came before the court
20:49
Speaker 1: on February 10th, 2023 on the court's motion to seal
20:53
Speaker 1: pursuant to I.C.A.R.32I and the hearing was held via Zoom.
21:00
Speaker 1: William W. Thompson Jr. and Ashley Jennings appeared on behalf
21:04
Speaker 1: of the state. Ann Taylor appeared on behalf of Mr. Kohlberger.
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Speaker 1: The court reviewed the records, considered the arguments presented, weighed
21:13
Speaker 1: the interests in privacy and public disclosure, and announced its
21:17
Speaker 1: findings of fact on the record. Therefore, the court finds
21:21
Speaker 1: it necessary to seal the record related to the search
21:25
Speaker 1: warrant because it is necessary to preserve the right to
21:28
Speaker 1: a fair trial. I.C.A.R.32I.2 After due consideration and with good cause,
21:36
Speaker 1: it is hereby ordered that the record herein shall be
21:40
Speaker 1: sealed until further order of the court. This was dated
21:44
Speaker 1: on the 27th of February, 2023 and signed by Judge Marshall.
21:51
Speaker 1: The next document is the order sealing search warrant and
21:54
Speaker 1: related documents. In the matter of the application for a
21:58
Speaker 1: search warrant for redacted, NPD case number 22-M09903. Based upon
22:07
Speaker 1: the motion to seal search warrant and related documents filed herein,
22:11
Speaker 1: the court does hereby confirm and order that the affidavit
22:16
Speaker 1: for search warrant, including any exhibits, search warrant, return of
22:20
Speaker 1: search warrant, including the inventory of items seized, and order
22:24
Speaker 1: are confidential. exempt from disclosure and are sealed pursuant to
22:29
Speaker 1: Idaho Court Administrative Rule 32G1 for the reasons stated in
22:34
Speaker 1: the said motion and until April 7, 2023, or further
22:39
Speaker 1: order of the court, whichever occurs first. This was ordered
22:44
Speaker 1: on the 10th of January, 2023, and it was signed
22:48
Speaker 1: by Judge Marshall. The next document is the Motion to
22:52
Speaker 1: Seal Search Warrant and Related Documents. in the matter of
22:56
Speaker 1: the application for a search warrant for redacted. NPD case
23:01
Speaker 1: number 22-M09903. The state of Idaho, by and through the
23:08
Speaker 1: Latah County prosecuting attorney, respectfully moves the court pursuant to
23:13
Speaker 1: Idaho Court Administrative Rule 32G1 and Idaho Code 74-124 for
23:16
Speaker 1: an order sealing search warrant and related documents, including the
23:25
Speaker 1: affidavit for search warrant, including any exhibits, search warrant, return
23:29
Speaker 1: of search warrant, including the inventory of items seized, and
23:33
Speaker 1: order filed herein, because release or disclosure would, 1. Interfere
23:39
Speaker 1: with enforcement proceedings. 2. Constitute an unwarranted invasion of personal privacy. 3.
23:46
Speaker 1: Disclose the identity of a confidential source. 4. Disclose investigative
23:52
Speaker 1: techniques and procedures. And the state seeks this protection for
23:56
Speaker 1: a minimum of 90 days or until such time as
24:00
Speaker 1: the investigation is concluded and or charges are filed. Wherefore,
24:05
Speaker 1: the state Respectfully praise that the court seal from public
24:08
Speaker 1: disclosure the affidavit for search warrant, search warrant, return of
24:13
Speaker 1: search warrant, and order herein under the provisions of Idaho
24:18
Speaker 1: Court Administrative Rule 32G1 and Idaho Code 74-124. Respectfully submitted
24:26
Speaker 1: this 9th day of January 2023. And this was signed
24:31
Speaker 1: by Ashley Jennings. The next document we have Is the
24:36
Speaker 1: order to seal. For Google services. Case number. CR 29-22-2805.
24:45
Speaker 1: Order to seal. In the matter of the application. For
24:48
Speaker 1: a search warrant for. Google services. MPD case number. 22-M0-9903.
24:53
Speaker 1: This matter. Came before the court. On March 14th. 2023.
24:56
Speaker 1: On the state's motion to seal. Or redact. pursuant to I.C.R.32I.
25:09
Speaker 1: The hearing was held via Zoom. Ashley Jennings appeared on
25:12
Speaker 1: behalf of the state of Idaho, and Ann Taylor appeared
25:15
Speaker 1: on behalf of Mr. Kohlberger. The court reviewed the records,
25:19
Speaker 1: considered the arguments presented, weighed the interests and privacy and
25:23
Speaker 1: public disclosure, and announced its findings of fact on the record. Therefore,
25:28
Speaker 1: pursuant to I.C.A.R.32I to an A and E, and I.C. 74-124-1B&E,
25:38
Speaker 1: the court finds it necessary to seal the records related
25:42
Speaker 1: to the search warrant for the following reasons. One, the
25:45
Speaker 1: documents contain highly intimate facts or statements, the publication of
25:49
Speaker 1: which would be highly objectionable to a reasonable person. Two,
25:54
Speaker 1: it is necessary to preserve the right to a fair trial.
25:58
Speaker 1: And three, production of such records would disclose investigative techniques
26:03
Speaker 1: and procedures. After due consideration and with good cause appearing,
26:07
Speaker 1: it is hereby ordered that the record herein shall be
26:10
Speaker 1: sealed until further order of the court. This was signed
26:15
Speaker 1: and dated on the 24th of March of 2023, and
26:19
Speaker 1: it was signed by Judge Marshall. The next document is
26:23
Speaker 1: the order sealing search warrant and related documents. In the
26:27
Speaker 1: matter of the application for a search warrant for Google services,
26:32
Speaker 1: MPD case number 22-M09903. Based upon the motion to seal
26:39
Speaker 1: search warrant and related documents filed herein, the court does
26:43
Speaker 1: hereby confirm and order that the affidavit for search warrant,
26:48
Speaker 1: including any exhibits, search warrant, return of search warrant, including
26:53
Speaker 1: any exhibits and inventories of items seized, and order are confidential,
26:58
Speaker 1: exempt from disclosure, and are sealed pursuant to Idaho Court
27:02
Speaker 1: Administrative Rule 32G1 for the reasons stated in the said
27:06
Speaker 1: motion and until April 1st, 2023, or further order of
27:12
Speaker 1: the court, whichever occurs first. So ordered this 25th day
27:16
Speaker 1: of February, and it was signed by Judge Marshall. The
27:21
Speaker 1: next document is the motion to temporarily seal search warrant
27:25
Speaker 1: and related documents pending a hearing in the matter of
27:29
Speaker 1: the application for a search warrant for Google services. MPD
27:34
Speaker 1: case number 22 dash M zero nine nine zero three.
27:40
Speaker 1: The state of Idaho by and through the Latah County
27:42
Speaker 1: prosecuting attorney respectfully moves the court pursuant to Idaho court
27:47
Speaker 1: administrative rule 32 G one. and Idaho Code 74-124 for
27:54
Speaker 1: a temporary order sealing search warrant and related documents, including
27:58
Speaker 1: the affidavit for search warrant, including any exhibits, search warrant,
28:03
Speaker 1: return of search warrant, including all exhibits of the inventories
28:07
Speaker 1: of items seized, and order filed herein because release or
28:11
Speaker 1: disclosure would 1. Interfere with enforcement proceedings, 2. Supprive a
28:17
Speaker 1: person of a fair right to a trial, 3. constitute
28:21
Speaker 1: an unwarranted invasion of personal privacy for disclose the identity
28:26
Speaker 1: of a confidential source and or five disclose investigative techniques
28:31
Speaker 1: and procedures wherefore the state respectfully prays that the court
28:36
Speaker 1: temporarily seal from public disclosure the affidavit for search warrant
28:40
Speaker 1: search warrant return of search warrant including all exhibits and
28:45
Speaker 1: order herein Under the provisions of Idaho Court Administrative Rule
28:50
Speaker 1: 32G1 and Idaho Code 74-124 pending a hearing on the matter.
28:57
Speaker 1: Respectfully submitted this 23rd day of February 2023. And this
29:03
Speaker 1: was signed by Ashley Jennings. The last document that we
29:06
Speaker 1: have is the state's request for discovery disclosure and alibi demand.
29:14
Speaker 1: State's request for discovery disclosure and alibi demand. State of
29:18
Speaker 1: Idaho plaintiff versus Brian Christopher Kohlberger, the defendant. To the defendant,
29:25
Speaker 1: Brian Christopher Kohlberger and counsel and Taylor, please take notice
29:30
Speaker 1: that the undersigned pursuant to Rule 16 of the Idaho
29:34
Speaker 1: criminal rules request discovery and inspection of the following information. evidence,
29:40
Speaker 1: and materials. 1. All books, papers, documents, photographs, tangible objects
29:47
Speaker 1: or copies or portions thereof which are within the possession, custody,
29:52
Speaker 1: or control of the defendant and which the defendant intends
29:56
Speaker 1: to introduce in evidence at trial. And this goes both ways, right? Remember,
30:01
Speaker 1: Brian Koberger's team is asking the court to compel the
30:05
Speaker 1: prosecutors to also turn over discovery items. So this is
30:09
Speaker 1: what I mean when I say they go back and
30:11
Speaker 1: forth behind the scenes and they spar about this stuff. Two,
30:16
Speaker 1: all results or reports, physical or mental examinations, end of
30:20
Speaker 1: scientific tests or experiments made in connection with this case
30:25
Speaker 1: or copies thereof, within the possession or control of the
30:29
Speaker 1: defendant which the defendant intends to introduce in evidence at
30:33
Speaker 1: trial or which were prepared by a witness whom the
30:36
Speaker 1: defendant intends to call at the trial when the results
30:40
Speaker 1: or reports relate to the testimony of the witness. Number three,
30:46
Speaker 1: a list of the names and addresses of all witnesses
30:49
Speaker 1: the defendant intends to call at trial. Four, all written
30:54
Speaker 1: summaries or reports Of any testimony. That the defense intends
30:58
Speaker 1: to introduce. Pursuant to rules 702. 703. Or 705. Of
31:05
Speaker 1: the Idaho rules of evidence at trial. Or hearing. The
31:09
Speaker 1: summaries provided. Must describe the witness opinions. The facts and data.
31:13
Speaker 1: For those opinions. And the witnesses qualifications. Disclosure of expert opinions.
31:19
Speaker 1: Regarding mental health. Shall also comply with the requirements. Of I.C. 18-207.
31:27
Speaker 1: This shall be a continuing request pursuant to Idaho Criminal
31:31
Speaker 1: Rule 16J. The undersigned further requests permission to copy and
31:37
Speaker 1: inspect said information, evidence, and materials at the prosecuting attorney's office,
31:43
Speaker 1: Latah County Courthouse, Moscow, Idaho, 83-84-3 within 14 days of
31:50
Speaker 1: service of this request. Further, the state hereby demands that
31:54
Speaker 1: Of the defendant notice of defense of alibi. Pursuant to
31:58
Speaker 1: Idaho code 19-519. And Idaho criminal rule 12-1. This was
32:06
Speaker 1: dated on May 25th of 2023. And it was signed
32:10
Speaker 1: by William Thompson. So that's pretty much the newest document.
32:15
Speaker 1: That we see on the docket. And now it's the
32:17
Speaker 1: state's turn. To try and compel the defense. To hand
32:21
Speaker 1: over what they call. Important documents, right? Discovery documents that
32:26
Speaker 1: should be handed over. So as you can see, the
32:28
Speaker 1: maneuvering is certainly happening behind the scenes. And while we're
32:32
Speaker 1: not getting too much as far as the public because
32:35
Speaker 1: of the gag order, you can guarantee that both sides
32:38
Speaker 1: are hard at work crafting a narrative. All right, folks,
32:41
Speaker 1: that's going to do it for this one. All of
32:43
Speaker 1: the information that goes with the episode can be found
32:46
Speaker 1: in the description box. What's up, everyone? And welcome back
32:50
Speaker 1: to the program. Over the past couple of days, we've
32:54
Speaker 1: been talking about Brian Kohlberger and the discovery process. Well,
32:58
Speaker 1: today I thought we would add the state's response to
33:01
Speaker 1: the request for discovery. So let's dive into this court
33:06
Speaker 1: document and let's see what's up. Case number CR 29-22-2805.
33:11
Speaker 1: State's response to request for discovery. State of Idaho plaintiff
33:19
Speaker 1: versus Brian Kohlberger, the defendant. To Defendant Brian Christopher Kohlberger
33:25
Speaker 1: and Counsel Ann Taylor comes now the state in the
33:29
Speaker 1: above titled matter and submits the following response to request
33:33
Speaker 1: for discovery. The state has complied and will continue to
33:37
Speaker 1: comply with such requests by providing the following. Well, we
33:42
Speaker 1: know according to Ann Taylor that they haven't provided discovery
33:45
Speaker 1: yet and that's what all the back and forth has
33:48
Speaker 1: been about. 1. any relevant written or recorded statements made
33:53
Speaker 1: by the defendant or copies thereof within the possession, custody,
33:57
Speaker 1: or control of the state, the existence of which is
34:00
Speaker 1: known or is available to the prosecuting attorney by the
34:04
Speaker 1: exercise of due diligence, and also the substance of any
34:09
Speaker 1: relevant oral statement made by the defendant, whether before or
34:14
Speaker 1: after arrest to a peace officer, prosecuting attorney, or the
34:19
Speaker 1: prosecuting attorney's agent have been or will be disclosed or
34:24
Speaker 1: otherwise made available. See Exhibit A. 2. Any written or
34:30
Speaker 1: recorded statements of a co-defendant and the substance of any
34:34
Speaker 1: relevant oral statement made by a co-defendant, whether before or
34:39
Speaker 1: after arrest, in response to interrogation by any person known
34:44
Speaker 1: by the co-defendant, to be a peace officer or agent
34:48
Speaker 1: of the prosecuting attorney, have been or will be disclosed
34:52
Speaker 1: or otherwise made available. See Exhibit A. 3. Defendant's prior
34:58
Speaker 1: criminal record, if any, has been or will be disclosed
35:02
Speaker 1: or otherwise made available. See Exhibit A. 4. Any books, papers, documents, photographs,
35:10
Speaker 1: tangible objects, buildings or places, or copies, or portions thereof,
35:16
Speaker 1: which are in the possession, custody, or control of the
35:19
Speaker 1: prosecuting attorney, and which are material to the preparation of
35:24
Speaker 1: the defense or intended for use by the prosecutor as
35:28
Speaker 1: evidence at trial or obtained from or belonging to the
35:32
Speaker 1: defendant have been or will be disclosed or otherwise made available.
35:37
Speaker 1: See Exhibit A. In addition, deputies and officers from the
35:42
Speaker 1: Latah County Sheriff's Office, Idaho State Police, Moscow Police Department,
35:47
Speaker 1: Idaho Fish and Game, and other law enforcement agencies may
35:51
Speaker 1: record their law enforcement contacts via an audio recorder or
35:56
Speaker 1: audio-video recorder. Any audio and video recordings related to this
36:01
Speaker 1: matter are available for review and duplication on request, subject
36:06
Speaker 1: to the provisions of I.C.R. 16b and 9. Pursuant to
36:12
Speaker 1: said subsection, And I find this interesting here because they
36:15
Speaker 1: have made some requests, at least according to Ann Taylor
36:17
Speaker 1: and the newest filing that she made, and those requests
36:20
Speaker 1: haven't been met. Whereas in this letter here, the prosecution
36:23
Speaker 1: is saying, that they're ready and willing to meet all
36:42
Speaker 1: requests that have been made by the defense. 5. Any
36:47
Speaker 1: results or reports of physical or mental examinations and of
36:52
Speaker 1: scientific tests or experiments made in connection with the particular
36:56
Speaker 1: case or copies thereof within the possession, custody, or control
37:02
Speaker 1: of the prosecuting attorney, the existence of which is known
37:06
Speaker 1: or is available to the prosecuting attorney by the exercise
37:10
Speaker 1: of due diligence, have been or will be disclosed or
37:14
Speaker 1: otherwise made available. See Exhibit A. 6. A written list
37:20
Speaker 1: of the names and addresses of all persons having knowledge
37:23
Speaker 1: of relevant facts who may be called by the state
37:26
Speaker 1: as witnesses at the trial has been or will be
37:29
Speaker 1: provided separately in accordance with I.C.R. 16b and 6 any
37:36
Speaker 1: record of prior felony convictions of any such persons which
37:41
Speaker 1: is within the knowledge of the prosecuting attorney and all
37:45
Speaker 1: statements made by the prosecution witnesses or prospective prosecution witnesses
37:50
Speaker 1: to the prosecuting attorney or the prosecuting attorney's agents or
37:54
Speaker 1: to any official involved in the investigatory process of the
37:59
Speaker 1: case have been or will be disclosed or otherwise made available.
38:04
Speaker 1: See Exhibit A. Consistent with Ramirez v. State 119 Idaho
38:11
Speaker 1: 1037-1991 and Idaho Public Safety and Security Information restrictions on
38:17
Speaker 1: dissemination of criminal history information, the state generally does not
38:22
Speaker 1: seek NCIC reports or Spillman reports of witnesses. Additionally, the
38:28
Speaker 1: state may call as witnesses anyone otherwise identified or referred
38:33
Speaker 1: to in reports, statements, or other documents referred to in
38:38
Speaker 1: this response. 7. Any written summary or report of any
38:44
Speaker 1: testimony that the state intends to introduce pursuant to Rule 702, 703,
38:51
Speaker 1: or 705 of the Idaho Rules of Evidence at Trial
38:55
Speaker 1: or Hearing have been or will be disclosed or otherwise
38:59
Speaker 1: made available. See Exhibit A. This response does not necessarily
39:04
Speaker 1: include disclosure of expert witnesses, their opinions, the fact and
39:09
Speaker 1: data for those opinions, or the witness's qualification, intended only
39:14
Speaker 1: to rebut evidence or theories that have not been disclosed
39:17
Speaker 1: under this rule prior to trial. 8. Any reports and
39:22
Speaker 1: memoranda in possession of the prosecuting attorney which were made
39:27
Speaker 1: by police or any investigation in connection with this investigation
39:32
Speaker 1: or prosecution of this case have been or will be
39:36
Speaker 1: disclosed or otherwise made available. See Exhibit A. 9. All
39:42
Speaker 1: material or information with the prosecuting attorney's possession or control
39:47
Speaker 1: which tends to negate the guilt of the accused as
39:50
Speaker 1: to the offense charged or which would tend to reduce
39:53
Speaker 1: the punishment, therefore have been or will be disclosed or
39:57
Speaker 1: otherwise made available. Well, Ann Taylor seems to disagree with
40:01
Speaker 1: all of that. So who's telling the truth? See Exhibit A.
40:06
Speaker 1: In addition, with regard to material or information which may
40:10
Speaker 1: be exculpatory as used or interpreted, the state requests that
40:14
Speaker 1: the defendant inform the state in writing of the defense
40:18
Speaker 1: which will be asserted in this case so counsel for
40:21
Speaker 1: the state can determine if any additional materials or information
40:26
Speaker 1: may be material to the defense, and thus fulfill its
40:30
Speaker 1: duty under I.C.R. 16A and Brady v. Maryland 373 U.S.
40:32
Speaker 1: 83 1963. 10. To the extent that information exists regarding
40:34
Speaker 1: an informant, who is not going to be introduced as
40:47
Speaker 1: a witness, including recordings or written statements of an informant
40:51
Speaker 1: or that identify an informant, such information is not subject
40:56
Speaker 1: to disclosure and the state asserts informant privilege under I.C.R. 16G. 2.
41:02
Speaker 1: And prays for appropriate protective orders pursuant to I.C.R. 16.1
41:06
Speaker 1: as necessary. 11. The State objects to requests by the
41:18
Speaker 1: defendant for anything not otherwise addressed above on the grounds
41:23
Speaker 1: that such requests are outside the scope of I.C.R. 16
41:28
Speaker 1: and are not subject to disclosure under I.C.R. 16G, work
41:33
Speaker 1: product and informants. 12. Wherever this response indicates that certain
41:38
Speaker 1: evidence or materials have been or will be disclosed or
41:42
Speaker 1: otherwise made available, Such indication should not be construed as
41:47
Speaker 1: confirmation that such evidence or materials exist, but simply as
41:52
Speaker 1: an indication that if such evidence or materials exist, they
41:57
Speaker 1: have been or will be disclosed or made available to
42:00
Speaker 1: the defendant. Furthermore, any items which are listed in Exhibit
42:05
Speaker 1: A but are not specifically provided or which are referred
42:09
Speaker 1: to in documents which are listed in Exhibit A, are
42:12
Speaker 1: available for inspection upon appointment with the prosecuting attorney's office. Additionally,
42:18
Speaker 1: all property, forms, chain of custody documents, and similar items
42:23
Speaker 1: are likewise available for inspection on appointment and are hereby
42:27
Speaker 1: deemed to be part of Exhibit A for purposes of
42:31
Speaker 1: this response. 13. Pursuant to I.C.R. 16J, If the state
42:38
Speaker 1: subsequently discovers additional evidence or evidence of additional witnesses or
42:43
Speaker 1: decides to use additional evidence or witnesses, the state will
42:48
Speaker 1: promptly notify the defendant and the court. This was dated
42:52
Speaker 1: on January 23rd of 2023, and it was signed by
42:57
Speaker 1: William Thompson. As you can see from this filing, The
43:02
Speaker 1: court and the prosecution has already said that they're willing
43:05
Speaker 1: to hand over all of these items. Yet we get
43:08
Speaker 1: this filing from Ann Taylor where they're saying that they've
43:11
Speaker 1: basically received nothing as far as discovery goes. So this
43:15
Speaker 1: is an interesting and fascinating back and forth between the
43:18
Speaker 1: two sides. And you better believe your boy's going to
43:21
Speaker 1: be here covering it every step of the way. All right, folks,
43:25
Speaker 1: that's going to do it for this one. All of
43:27
Speaker 1: the information that goes with the episode can be found
43:30
Speaker 1: in the description box.