Latest / Beyond The Horizon / The Criticism Surrounding The Decision To Postpone The Kohberger Trial The First Time Around
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. In
- 0:03Speaker 1: this episode we're heading right back up to Idaho and
- 0:06Speaker 1: we're going to get another update on what's going on
- 0:09Speaker 1: with Brian Kohlberger's trial as it looks like for all
- 0:13Speaker 1: intents and purposes the decision has been made to push
- 0:17Speaker 1: this trial back to 2025. Now we all had hopes
- 0:21Speaker 1: obviously that this trial would kick off this year but
- 0:25Speaker 1: this has always been a possibility especially considering all of
- 0:30Speaker 1: the circumstances surrounding what's going on up here, and considering
- 0:34Speaker 1: the contentious nature that we see between the prosecution and
- 0:38Speaker 1: the defense, where both sides are lobbying allegations at each
- 0:41Speaker 1: other about not providing everything that's needed during discovery. So
- 0:46Speaker 1: you add that up with all of the other issues
- 0:48Speaker 1: that we faced here, and all signs certainly pointed to
- 0:52Speaker 1: another delay. So let's get to this article from the
- 0:55Speaker 1: Daily Mail, and let's see what they have for us. Headline,
- 0:59Speaker 1: Brian Koberger trial fiasco sparks anger as judge delays until
- 1:04Speaker 1: March 2025, two and a half years after the heinous
- 1:08Speaker 1: Idaho murders. Well, unfortunately, that's how this works. The wheels
- 1:14Speaker 1: of justice grind slowly in this country, and especially when
- 1:18Speaker 1: you're talking about a case like this. With all of
- 1:21Speaker 1: this notoriety, all of these issues that have popped up,
- 1:24Speaker 1: you know that the judge is going to take his
- 1:26Speaker 1: time and white glove The whole entire situation. Because the
- 1:31Speaker 1: last thing Idaho needs is a retrial, right? Say they
- 1:36Speaker 1: get a conviction here and then there's an appeal and
- 1:39Speaker 1: that appeal is successful. Well, how much money has Idaho
- 1:43Speaker 1: already spent trying to pursue a conviction? And we all
- 1:46Speaker 1: know that Idaho isn't, you know, rolling around in the money.
- 1:50Speaker 1: So it's important that they get this right the first
- 1:52Speaker 1: time around. And I think that Judge Judge is very
- 1:55Speaker 1: aware of that. Now, do I wish that this trial
- 1:58Speaker 1: was starting in the summer? I most certainly do. The
- 2:02Speaker 1: families of these murdered victims, they deserve to have this justice,
- 2:06Speaker 1: and they deserve to have it in a timely manner.
- 2:09Speaker 1: But we have to make sure that the process is followed.
- 2:13Speaker 1: That way, when the conviction is dropped on this fool,
- 2:16Speaker 1: it sticks. The author of this article is Will Potter.
- 2:21Speaker 1: Idaho officials are under fire. as the long-anticipated trial for
- 2:25Speaker 1: suspected quadruple murderer Brian Koberger was delayed yet again this week.
- 2:31Speaker 1: The criminology lecturer, 29, is accused of shocking the nation
- 2:35Speaker 1: in November of 2022 when University of Idaho students Ethan Chapin,
- 2:40Speaker 1: Zanna Kernodel, Madison Mogan, and Kaylee Gonsalves were stabbed to
- 2:44Speaker 1: death in their off-campus home. Now, nearing on two years
- 2:49Speaker 1: since the Grizzly murders, the trial is still in its
- 2:52Speaker 1: preliminary stages with another hearing on Wednesday sparking backlash as
- 2:57Speaker 1: the judge, again, declined to set a date. Well, the
- 3:01Speaker 1: judge isn't on the schedule that the public wants him
- 3:03Speaker 1: to be on. I know people don't want to hear that,
- 3:06Speaker 1: but that's the truth. The judge has a job to
- 3:09Speaker 1: do here, and in my opinion, Judge Judge has done
- 3:12Speaker 1: a pretty good job managing what's going on as far
- 3:16Speaker 1: as the notoriety of this case. Now, I'm not a
- 3:19Speaker 1: fan of the gag order. I think that that is
- 3:21Speaker 1: a bit too broad in its scope, but I understand
- 3:25Speaker 1: why they'd want to gag a case like this. I
- 3:28Speaker 1: just wish it wasn't so broad. This meant Kohlberger is
- 3:32Speaker 1: not expected to face trial until at least the spring
- 3:35Speaker 1: of 2025, leading to calls for officials to bring the
- 3:39Speaker 1: ongoing disputes to a conclusion. Look, you can't rush this.
- 3:43Speaker 1: Do you want to have a Conviction that sticks? Or
- 3:47Speaker 1: do you want Brian Kohlberger to walk and nobody to
- 3:49Speaker 1: ever face the music? The victim's families are really the
- 3:54Speaker 1: sufferers with these delays. Former FBI Special Agent Jennifer Kofendaffer
- 3:59Speaker 1: told DailyMail.com after the hearing, Unfortunately, it looks like we're
- 4:04Speaker 1: still years away from trial. Well, would they suffer more
- 4:08Speaker 1: if they went, you know, willy-nilly here and then they
- 4:11Speaker 1: didn't get the conviction? Or they got a conviction and
- 4:14Speaker 1: it was overturned? Would that be okay? Because that's what
- 4:17Speaker 1: would happen. You have to understand that when you have
- 4:20Speaker 1: a sensitive situation like this, and you're talking about the
- 4:24Speaker 1: death penalty, you have to go through all the hoops,
- 4:26Speaker 1: jump through all of them, and make sure that all
- 4:29Speaker 1: your T's are crossed and all of your I's are dotted.
- 4:32Speaker 1: Because if not, then you're going to have big trouble
- 4:34Speaker 1: later on down the road when it goes to appeal. Coffendaffer,
- 4:38Speaker 1: who has served as an expert witness at numerous trials,
- 4:42Speaker 1: said while the delayed trial is frustrating, it is far
- 4:45Speaker 1: worse for the victim's families as the unending hearings are
- 4:48Speaker 1: like continually picking a scab off the wound. Before the
- 4:53Speaker 1: hearing delayed the trial, the family of victim Kaylee Gonsalves
- 4:57Speaker 1: said they were anxious over the ongoing hearings but intended
- 5:00Speaker 1: to continue to attend every court date. And it has
- 5:03Speaker 1: to be horrible for them. I've said it a million
- 5:06Speaker 1: times as far as the family goes, I just can't
- 5:09Speaker 1: even begin to to have enough sympathy for what the
- 5:12Speaker 1: Gonsalves family and all the families are going through. And
- 5:17Speaker 1: there's no way in hell I'd want to go through
- 5:19Speaker 1: this every single day if it was my loved one either.
- 5:22Speaker 1: But we have to look at it from the perspective
- 5:25Speaker 1: of making sure that justice is served. And I think
- 5:29Speaker 1: that the best way to do that is to make
- 5:31Speaker 1: sure that you're thorough and and you give the defendant
- 5:34Speaker 1: every chance in the world to prove their innocence, or
- 5:37Speaker 1: at the very least, provide the evidence that proves their innocence.
- 5:41Speaker 1: And I think that's what Judge Judge is shooting for here.
- 5:44Speaker 1: And even though the evidence against Brian Kohlberger is massive,
- 5:49Speaker 1: the process has to be followed to a T. Feeling
- 5:54Speaker 1: anxious about tomorrow, but our family will continue to show
- 5:57Speaker 1: up for every court date the Gonsalves family will remain
- 6:00Speaker 1: strong and united. We will never give up, the family
- 6:03Speaker 1: said on Facebook. Although the family are yet to respond
- 6:07Speaker 1: to the latest delay, it comes after several other postponements
- 6:10Speaker 1: that have sparked fury, with Kaylee's mother, Christy, slamming the
- 6:13Speaker 1: gut-wrenching process back in November. And look, I will never
- 6:18Speaker 1: criticize the families for how they feel. If it was
- 6:22Speaker 1: my loved one, I'd want justice served yesterday, so I
- 6:25Speaker 1: get it 1,000%. I'm just trying to look at it
- 6:29Speaker 1: from the perspective of society as a whole. We have
- 6:33Speaker 1: to make sure that the process is followed. And as
- 6:35Speaker 1: much as we might not care for Brian Kohlberger or
- 6:38Speaker 1: think that he's guilty, he certainly has rights that have
- 6:41Speaker 1: to be respected. Let's remember, he has not been convicted yet.
- 6:45Speaker 1: So the process has to be followed. It's gut-wrenching how
- 6:49Speaker 1: slow everything has to go. Why does this have to
- 6:51Speaker 1: be so drawn out? Kaylee's mother said in an interview
- 6:54Speaker 1: with KHQ. It's important, I get it. But there are facts.
- 6:58Speaker 1: We have certain facts. We have certain knowledge. I can't
- 7:01Speaker 1: believe that this is how it works. Unfortunately, the system,
- 7:05Speaker 1: it grinds. And there's no quick resolution usually when we
- 7:09Speaker 1: have a situation such as this. Unless you have somebody
- 7:12Speaker 1: dead to rights and they're willing to admit that they
- 7:16Speaker 1: did something wrong or they're guilty, then the process usually
- 7:19Speaker 1: is pretty lengthy. The stricken mother's frustration was echoed by
- 7:23Speaker 1: many after this week's failure to set a child date
- 7:26Speaker 1: as supporters took to social media to slam the process.
- 7:30Speaker 1: I can't believe this Kohlberger trial isn't going to happen
- 7:33Speaker 1: until 2025, said one. Those students were murdered in 2022.
- 7:38Speaker 1: Our system needs a revamp. Well, I agree it does
- 7:42Speaker 1: need to be revamped. But let's remember, this isn't just
- 7:45Speaker 1: a trial where Brian Kohlberger might do a couple of
- 7:48Speaker 1: years in jail. We're talking about a trial that could
- 7:52Speaker 1: end up with this man on death row. So I
- 7:55Speaker 1: think it's pretty important that we're thorough. And for us as,
- 8:00Speaker 1: you know, people who are watching from the peanut gallery,
- 8:04Speaker 1: of course, there's going to be varying opinions. And there's
- 8:06Speaker 1: going to be people who are out there who are,
- 8:09Speaker 1: you know, not hip to how the process works or
- 8:11Speaker 1: don't care for the process. And they want to see
- 8:14Speaker 1: everything happen right away, you know, overnight. But unfortunately, that's
- 8:18Speaker 1: not reality. And even if you don't like the rules
- 8:21Speaker 1: of the game, that doesn't really matter because that's how
- 8:24Speaker 1: this game is governed. Another Kohlberger hearing with little progress,
- 8:28Speaker 1: added true crime podcaster Gisela Kay. Well, the judge better
- 8:32Speaker 1: hurry up. All these TikTokers, they want this thing to
- 8:35Speaker 1: keep moving. So the judge, you know, he's on the
- 8:37Speaker 1: clock because TikTok said so. Give me a break with
- 8:40Speaker 1: TikTok and all these knuckleheads that populate it. You want
- 8:43Speaker 1: to talk about the erosion of Western society? Hell, all
- 8:47Speaker 1: you have to do is take a look at TikTok
- 8:49Speaker 1: and it's right there for you to see. But there's
- 8:52Speaker 1: big money in telling bullshit lies. and spreading salacious nonsense.
- 8:56Speaker 1: Maybe I should hop on that train. They have to
- 9:00Speaker 1: see him. They have to listen to the details. It's
- 9:02Speaker 1: more and more painful for the victim's families, added Kofendaffer.
- 9:06Speaker 1: The former FBI special agent claimed Kohlberger's defense team are
- 9:10Speaker 1: purposely using delay tactics to try and swing any advantage
- 9:14Speaker 1: in their favor, including the possibility key witnesses could pass
- 9:17Speaker 1: away if it stretches on years. Look, That is exactly
- 9:22Speaker 1: what every single criminal defense lawyer tries to do. The
- 9:27Speaker 1: problem is, there is so much to turn over from
- 9:30Speaker 1: the prosecution that they actually have a leg to stand
- 9:33Speaker 1: on here. They're not just bullshitting, there's a lot of
- 9:36Speaker 1: information to go through. And all these people that want
- 9:38Speaker 1: to rush to resolution, well, they'd be the first person
- 9:41Speaker 1: to bitch and moan if Kohlberger won an appeal. So basically,
- 9:46Speaker 1: the prosecution is damned if they do and damned if
- 9:48Speaker 1: they don't, because so many people don't really understand the process.
- 9:52Speaker 1: Or if they do understand the process, they just don't
- 9:55Speaker 1: care because they want some more clicks for their website.
- 9:58Speaker 1: But when you're dealing with something like this. you better
- 10:00Speaker 1: be ready for the long haul. There's all these things
- 10:04Speaker 1: that can happen when you delay, delay, delay, in my opinion.
- 10:07Speaker 1: The defense knows this, and they will continue to delay,
- 10:10Speaker 1: she continued. I guess Jennifer Coffendaffer doesn't have any Amber
- 10:13Speaker 1: Alerts to chase after right now, huh? Amid the frustration,
- 10:18Speaker 1: over the year-long process, without even a trial date, some
- 10:21Speaker 1: were angered to see Moscow, Idaho, home where the murders
- 10:24Speaker 1: took place, torn down in December. Yeah, that was a
- 10:27Speaker 1: bad idea. No reason to tear down that house, in
- 10:30Speaker 1: my opinion, not yet. But here they are, tearing it down,
- 10:33Speaker 1: giving Koberger a leg up. You see, here's the difference
- 10:36Speaker 1: from me and a lot of these people. I'm interested
- 10:39Speaker 1: in one thing. Justice. I really don't care about my
- 10:43Speaker 1: podcast going viral. I'm not on social media. I don't
- 10:47Speaker 1: get out there and advertise myself. I don't even advertise
- 10:50Speaker 1: the podcast. So all that nonsense that you see with
- 10:54Speaker 1: all of these people jockeying for social media likes, that
- 10:57Speaker 1: shit is bizarre to me. And all I care about
- 11:00Speaker 1: really is the person who's responsible, which looks like Brian Kohlberger,
- 11:04Speaker 1: that that person faces justice. That's it. That's all. That's
- 11:08Speaker 1: the whole entire goal. And in my opinion, tearing down
- 11:12Speaker 1: that house does not further that goal. so the idea
- 11:16Speaker 1: of tearing that house down before trial was always a
- 11:18Speaker 1: bad one. Although both prosecution and the defense agreed for
- 11:22Speaker 1: it to be torn down, the families argued against it.
- 11:25Speaker 1: Kofendaffer argued that it should have remained standing until a
- 11:28Speaker 1: conviction was found. It will always stand by the fact
- 11:31Speaker 1: that the house could have held important information in the
- 11:34Speaker 1: cracks and crevices, she added. The families of the victims
- 11:38Speaker 1: pleaded for the home to remain standing with Gonsalves' family
- 11:41Speaker 1: and saying the move would destroy one of the most
- 11:44Speaker 1: critical pieces of evidence in the case. Yeah, I agree
- 11:47Speaker 1: with that. What's so off about that? Seems legit to me.
- 11:53Speaker 1: Why would you go out there and destroy the crime
- 11:55Speaker 1: scene if it's not necessary? Prosecutors had pushed for a
- 12:00Speaker 1: trial to be set this summer, but Koberger's defense attorney,
- 12:03Speaker 1: Ann Taylor, argued that the trial needed to be delayed
- 12:06Speaker 1: due to the huge amount of information surrounding it. Not
- 12:09Speaker 1: only do we have a large amount of information, the
- 12:12Speaker 1: way I'm getting it is completely disorganized, Taylor said in court.
- 12:17Speaker 1: And it's like if you wanted to play 52-card pickup
- 12:20Speaker 1: with 100,000 decks of cards and throw them in the
- 12:23Speaker 1: air and I have to figure out how to put
- 12:25Speaker 1: them together. At Wednesday's trial schedule hearing, one of the
- 12:30Speaker 1: primary sticking points was the issue of Kohlberger's alibi on
- 12:33Speaker 1: the night of the slayings. Yeah, you would think so.
- 12:36Speaker 1: This fool says, I was out having a drive, huh? Okay,
- 12:39Speaker 1: I guess so. How you gonna prove that, buddy? You
- 12:42Speaker 1: have anything that corroborates that nonsensical BS you're telling us? Oh,
- 12:46Speaker 1: you don't? Okay, so you don't really have an alibi, right?
- 12:52Speaker 1: Kohlberger has claimed he was out driving alone at the time,
- 12:55Speaker 1: but he has refused to elaborate further as frustration builds
- 12:59Speaker 1: over delays. In response, Judge John Judge set a deadline
- 13:02Speaker 1: for of April 17th for his alibi to be established
- 13:06Speaker 1: in court. Ms. Kofendaffer argued that the lack of any
- 13:10Speaker 1: concrete alibi is another delay tactic by Kohlberger's team. I
- 13:14Speaker 1: agree with her there. That's definitely a delay tactic, and
- 13:17Speaker 1: the judge should slap it down. I know Judge Judge
- 13:20Speaker 1: will likely be lenient to a degree, too, because this
- 13:23Speaker 1: is a death penalty case, she added. Oh, you waited
- 13:26Speaker 1: until basically the end of the article to talk about that, huh?
- 13:29Speaker 1: That's the most important part. Remember, folks, keep that in mind.
- 13:32Speaker 1: We're not talking about a basic assault here. We're talking
- 13:35Speaker 1: about a death penalty case. So it's going to be
- 13:38Speaker 1: a different process. He doesn't want to be overturned in
- 13:42Speaker 1: his rulings. And there are over 50 terabytes of information
- 13:45Speaker 1: in the case. So the defense has all of that
- 13:48Speaker 1: working on their side. And that's something I've talked about too.
- 13:52Speaker 1: When they have all of this information, right? They have
- 13:55Speaker 1: all of this evidence to go through. It's very important
- 13:58Speaker 1: that they have the time to do that. That way,
- 14:01Speaker 1: later on, we're not dealing with some bullshit where they're like, oh, well,
- 14:04Speaker 1: you know, we didn't have a proper chance to defend
- 14:06Speaker 1: our client. We didn't have all of the evidence. We
- 14:09Speaker 1: didn't get the proper discovery. And then we're back at
- 14:11Speaker 1: square one. You think there's a delay now? Well, let
- 14:14Speaker 1: an appeal happen and let Brian Koberger get off on
- 14:17Speaker 1: that appeal and we'll have a real delay going on.
- 14:21Speaker 1: While not causing any delays, Koberger's hearings have also come
- 14:24Speaker 1: under scrutiny for the seemingly lax security around the murder
- 14:27Speaker 1: suspect as he continues to enter court in a full
- 14:30Speaker 1: suit without handcuffs. Well, I get it, but let's remember
- 14:35Speaker 1: he has not been convicted yet. It just really lacks
- 14:38Speaker 1: proper security, Ms. Kofendaffer argued. He's in a suit and tie.
- 14:42Speaker 1: His hair is trimmed. His eyebrows are trimmed. There's no
- 14:45Speaker 1: security around him. Well, is it because he's groomed or
- 14:48Speaker 1: because he has no security? Which ones you regret, Ms. Coffendaffer?
- 14:53Speaker 1: Seems to me that the real problem here is that
- 14:55Speaker 1: she feels that there's not enough security, but she wraps
- 14:58Speaker 1: that up with the other stuff, the grooming, as if
- 15:00Speaker 1: that matters. Should he just come to court with a
- 15:03Speaker 1: unibrow and his hair all disheveled? I mean, come on,
- 15:06Speaker 1: what do you expect he's going to do? She claimed
- 15:08Speaker 1: that the lack of precaution is peculiar, especially when compared
- 15:12Speaker 1: to others accused of similar crimes, such as the Delphi
- 15:15Speaker 1: murder suspect, Richard Allen, being escorted by SWAT teams in
- 15:18Speaker 1: full shackles to his hearings. Every state conducts itself different.
- 15:24Speaker 1: And maybe there's no security threats to Brian Koberger up
- 15:27Speaker 1: in Idaho, and maybe there are security threats to Richard
- 15:30Speaker 1: Allen down in Indiana. We don't know. So I'm not
- 15:34Speaker 1: going to get too fired up about that one way
- 15:36Speaker 1: or the other. I'll leave that up to the court
- 15:38Speaker 1: officials to deal with security. The fuck do I know
- 15:41Speaker 1: about security? So we'll let the court deal with that.
- 15:45Speaker 1: And as far as this trial being delayed, I know
- 15:48Speaker 1: it's not the outcome we were all looking for, but
- 15:50Speaker 1: it certainly was something that was on the horizon. So
- 15:54Speaker 1: until then, the band marches on. All right, folks, that's
- 15:58Speaker 1: going to do it for this one. All of the
- 16:00Speaker 1: information that goes with this episode can be found in
- 16:03Speaker 1: the description box.