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Murder In Moscow: Bryan Kohberger And The School Records Request · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. Ever
• 0:04
  Speaker 1: since Brian Koberger was arrested for allegedly committing a quadruple
• 0:09
  Speaker 1: homicide in Moscow, Idaho, we have learned a lot about
• 0:12
  Speaker 1: who Brian Koberger is. Well, now the Idaho Statesman has
• 0:18
  Speaker 1: received records from Brian Koberger's former school district. Because of
• 0:23
  Speaker 1: the gag order, they wouldn't really talk about Brian Koberger
• 0:27
  Speaker 1: per se, but they did release the records. So, in
• 0:31
  Speaker 1: this article from the Idaho Statesman, we're going to take
• 0:33
  Speaker 1: a look at what they came up with and how
• 0:36
  Speaker 1: it might be relevant moving forward. Today's article was published
• 0:41
  Speaker 1: by the Idaho Statesman and the headline, Kohlberger's former school
• 0:45
  Speaker 1: district won't talk, but it turned over records for the
• 0:49
  Speaker 1: Moscow case. The author of this article is Kevin Fixler.
• 0:55
  Speaker 1: The Pennsylvania school district where Moscow homicide suspect Brian Kohlberger
• 0:59
  Speaker 1: was attended school, and also later worked, turned over his
• 1:03
  Speaker 1: student and employment records in response to a court-ordered subpoena.
• 1:08
  Speaker 1: So the court had to order them to turn this
• 1:10
  Speaker 1: stuff over. They're not just going to turn over student
• 1:13
  Speaker 1: records unless there's a court order to do so. Email
• 1:17
  Speaker 1: correspondence between attorneys and administrators at the Pleasant Valley School
• 1:22
  Speaker 1: District in Monroe County, Pennsylvania, revealed that the legal demand
• 1:26
  Speaker 1: arrived in early January of within three weeks of Kohlberger's arrest.
• 1:30
  Speaker 1: The documents obtained by the Idaho statesman through a public
• 1:33
  Speaker 1: records request do not identify whether prosecutors or Kohlberger's public
• 1:38
  Speaker 1: defender requested the subpoena, which in Idaho must be issued
• 1:42
  Speaker 1: by a judge or clerk of the court. So certainly
• 1:47
  Speaker 1: interesting to find out where this request originated from. But
• 1:51
  Speaker 1: it's going to be even more interesting to see what
• 1:53
  Speaker 1: the documents have to say about Brian Kohlberger's time at
• 1:57
  Speaker 1: the school district. Kohlberger graduated from Pleasant Valley High School
• 2:02
  Speaker 1: in 2013, including stints at the county's technical school and
• 2:06
  Speaker 1: the high school's online program. He went on to work
• 2:09
  Speaker 1: for the public school district as a part-time security officer
• 2:13
  Speaker 1: from 2016 to 2021. His personnel records previously obtained by
• 2:15
  Speaker 1: the statesman showed. All of these people who want to
• 2:22
  Speaker 1: be police officers but can never hack it, can never
• 2:26
  Speaker 1: do what it takes to actually become a good police officer,
• 2:29
  Speaker 1: they end up becoming some kind of security guard and
• 2:32
  Speaker 1: living out their fantasy in that capacity. Basically, full-grown hall
• 2:37
  Speaker 1: monitors is what they become. And in the words of
• 2:39
  Speaker 1: Junior Soprano, Brian Koberger never had the makings of a
• 2:44
  Speaker 1: varsity police officer. Kohlberger, 28, is charged with four counts
• 2:49
  Speaker 1: of first-degree murder and one felony count of burglary in
• 2:53
  Speaker 1: connection with the November slayings. The victims were University of
• 2:57
  Speaker 1: Idaho students Madison Mogan, Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin.
• 3:03
  Speaker 1: Subpoenaed materials are not available to the public, but Kohlberger's
• 3:07
  Speaker 1: high school transcripts were set to be among the district's
• 3:10
  Speaker 1: response to January's subpoena, according to the emails. On the
• 3:15
  Speaker 1: advice of a school attorney, the district planned to notify
• 3:18
  Speaker 1: Koberger of their release to satisfy the Family Educational Rights
• 3:23
  Speaker 1: and Privacy Act, FERPA, a federal law that limits handing
• 3:27
  Speaker 1: over such records without a student's prior consent. The law
• 3:31
  Speaker 1: includes an exception for subpoenas. Absolutely, look, if somebody's going
• 3:36
  Speaker 1: to subpoena the records, meaning a court of law, you're
• 3:38
  Speaker 1: going to have to turn them over no matter what
• 3:41
  Speaker 1: the federal statutes are. That subpoena is means that a
• 3:45
  Speaker 1: court is ordering you to turn those records over. Now,
• 3:48
  Speaker 1: if a private entity tries to get these records, then
• 3:52
  Speaker 1: that's when that law, FERPA, comes into play. You can't
• 3:55
  Speaker 1: just show up at somebody's school and say, hey, I
• 3:58
  Speaker 1: want so-and-so's records. You have to get approval for stuff
• 4:02
  Speaker 1: like that. But if you're the court and you're investigating
• 4:06
  Speaker 1: a homicide, you have subpoena power. And when you have
• 4:09
  Speaker 1: subpoena power, well, you have the ability to compel people
• 4:13
  Speaker 1: to give you testimony or to hand over documents or
• 4:17
  Speaker 1: property if it is valid as far as the investigation goes.
• 4:22
  Speaker 1: We cannot just turn over student records without placing him
• 4:25
  Speaker 1: on notice of this, Attorney Mark Fitzgerald said in a
• 4:28
  Speaker 1: January 20th email to the school district leaders. My suggestion
• 4:32
  Speaker 1: is send a notice to the jail in Idaho indicating
• 4:36
  Speaker 1: that we intend on complying with the subpoena. Obviously, this
• 4:40
  Speaker 1: is the least of his problems, but we need to
• 4:42
  Speaker 1: adhere to law here. Absolutely. Look, law has to be followed.
• 4:46
  Speaker 1: And if there is some kind of parameter that has
• 4:49
  Speaker 1: to be met, then so be it. The whole idea
• 4:51
  Speaker 1: is to make sure that Brian Koberger's constitutional rights aren't
• 4:55
  Speaker 1: shit on. And that's because we want to make sure
• 4:58
  Speaker 1: that whatever conviction that he gets slapped with It gets upheld.
• 5:02
  Speaker 1: We don't want him to be able to appeal on
• 5:04
  Speaker 1: some kind of garbage technicality. So I really hope that
• 5:07
  Speaker 1: the prosecutors are on their game here. Employee personnel files
• 5:12
  Speaker 1: do not have the same protections. Fitzgerald told the district's
• 5:16
  Speaker 1: human resources director, CCing James Conrad, the superintendent. Conrad and
• 5:21
  Speaker 1: Pleasant Valley High School co-principals Jonathan Ayer and Brian Boylan
• 5:26
  Speaker 1: haven't responded to statesmen's requests for comment. dating to February,
• 5:30
  Speaker 1: including a follow-up made earlier this month. The statesman's formal
• 5:34
  Speaker 1: request for records from the school district about Koberger's prior
• 5:38
  Speaker 1: employment was also partially denied. In its February response, the
• 5:43
  Speaker 1: district said it withheld several documents citing several Pennsylvania exemptions,
• 5:49
  Speaker 1: including non-criminal investigations or complaints, written criticisms of an employee
• 5:54
  Speaker 1: or discipline, demotion, or discharge records in a personal file.
• 6:00
  Speaker 1: And you notice the theme here yet, folks? Everybody wants
• 6:02
  Speaker 1: to play around and not be transparent no matter what,
• 6:06
  Speaker 1: whether it's a private institution, whether it's a school district,
• 6:10
  Speaker 1: or whether it's the DOJ. They don't have any desire
• 6:13
  Speaker 1: to be transparent about anything ever. Kohlberger resigned from his
• 6:18
  Speaker 1: position in June of 2021, school district record showed. I
• 6:22
  Speaker 1: decided to resign or retire freely and voluntarily after considering
• 6:27
  Speaker 1: my options. A district resignation retirement form letter signed by
• 6:31
  Speaker 1: Koberger read, I understand that if I do not resign,
• 6:35
  Speaker 1: I have a right to a school board hearing to
• 6:37
  Speaker 1: determine if I should be dismissed from employment with the
• 6:40
  Speaker 1: school district. Oh, so he got fired and they told him, look,
• 6:44
  Speaker 1: either you resign or you're going to get canned. And
• 6:47
  Speaker 1: Koberger decided, look, I guess I'll just quit. I wonder
• 6:50
  Speaker 1: what he got fired for. Now that's the question. A
• 6:54
  Speaker 1: pretty decent worker. A former Pleasant Valley security supervisor, George Curcio,
• 7:01
  Speaker 1: hired Kohlberger for his school district position. He told the
• 7:04
  Speaker 1: statesman that he remembered Kohlberger as reserved, courteous, and polite,
• 7:08
  Speaker 1: a reliable employee for whom he couldn't recall ever receiving
• 7:12
  Speaker 1: a complaint. He was a pretty decent worker, always there,
• 7:16
  Speaker 1: not one of those guys who would show up when
• 7:18
  Speaker 1: he wanted to, Curcio said in a phone interview. He
• 7:21
  Speaker 1: was quiet in a strange sort of way. but nothing
• 7:25
  Speaker 1: that ever really reared its head with us. And just
• 7:28
  Speaker 1: because somebody's quiet, remember, doesn't mean they're a quadruple murderer.
• 7:33
  Speaker 1: But when you have all of the characteristics that Brian
• 7:36
  Speaker 1: Koberger has, and then you add all of the other
• 7:39
  Speaker 1: information that we've learned, eh, I would say that strange
• 7:42
  Speaker 1: is a nice way to explain this dude. In December 2018,
• 7:46
  Speaker 1: Koberger was credited with helping save the life of a
• 7:49
  Speaker 1: district staff member after she had a medical emergency at
• 7:53
  Speaker 1: the high school, the Pocono Record reported. Luis Fuentes, the
• 7:57
  Speaker 1: district security officer who acted as lead on the incident,
• 8:00
  Speaker 1: deferred comment about Koberger to the superintendent in February during
• 8:05
  Speaker 1: a statesman reporter's visit to his Monroe County home. Probably
• 8:09
  Speaker 1: doesn't want to get in trouble, right? Has a pension,
• 8:11
  Speaker 1: has a whole ass life he's worried about. The last
• 8:13
  Speaker 1: thing he wants to do is get embroiled in this nonsense.
• 8:17
  Speaker 1: Kohlberger's job, which did not include carrying a weapon, entailing
• 8:21
  Speaker 1: working eight-hour shifts on Saturdays and Sundays as part of
• 8:25
  Speaker 1: a 24-hour, seven-day-a-week security at the district's four school buildings.
• 8:30
  Speaker 1: Curcio said when another officer called out, Kohlberger often would
• 8:35
  Speaker 1: volunteer to work an extra four hours on his weekend assignment,
• 8:38
  Speaker 1: he said. shuttling between schools to ensure buildings were locked
• 8:43
  Speaker 1: and utilities were operating properly. And when you're a loner
• 8:46
  Speaker 1: and you don't have very many friends, if you can
• 8:49
  Speaker 1: score some extra hours at work and stack a couple
• 8:52
  Speaker 1: of chips, so much the better, right? So you'll see
• 8:55
  Speaker 1: that from a lot of people who are loners either
• 8:57
  Speaker 1: by design or because they're just outsiders. They'll work a
• 9:01
  Speaker 1: lot or they'll have a hobby that they just throw
• 9:03
  Speaker 1: themselves into. You drive up, check all the doors, hit
• 9:07
  Speaker 1: the security button to show you're doing your job, check
• 9:10
  Speaker 1: the boilers, the air conditioners, schoolroom doors, look for broken
• 9:15
  Speaker 1: windows and open windows, Curcio said, so basically patrolling. Now
• 9:21
  Speaker 1: homicide investigators allege they have probable cause to believe Koberger
• 9:25
  Speaker 1: conducted surveillance on the off-campus rental home in Moscow in
• 9:29
  Speaker 1: the months leading up to the four students' death on
• 9:32
  Speaker 1: November 13th. His cell phone location data showed he connected
• 9:36
  Speaker 1: to the cell towers near the area at least 12 times,
• 9:40
  Speaker 1: police said in an affidavit. All but one of those
• 9:42
  Speaker 1: instances was late at night or early in the morning,
• 9:46
  Speaker 1: they said. And obviously his prior work as a security
• 9:49
  Speaker 1: guard doing the rounds is going to come into play
• 9:52
  Speaker 1: when this gets in front of a jury. Remember, all
• 9:55
  Speaker 1: of this stuff, even the things that look small like
• 9:58
  Speaker 1: they don't matter, they all actually add up. And when
• 10:00
  Speaker 1: you add all of the evidence up against Brian Koberger,
• 10:04
  Speaker 1: it's looking all bad. During Koberger's tenure with the school district,
• 10:09
  Speaker 1: he earned an associate's degree in psychology in May 2018
• 10:13
  Speaker 1: from Northampton Community College in eastern Pennsylvania, according to a
• 10:18
  Speaker 1: school commencement list. He went on to graduate with a
• 10:21
  Speaker 1: bachelor's degree in psychology from DeSalas University in June of 2020.
• 10:27
  Speaker 1: A year later, when Koberger resigned from his weekend security job,
• 10:31
  Speaker 1: Curaccio said Koberger told him he was going back to
• 10:34
  Speaker 1: school full time. Koberger finished his graduate studies at DeSalas
• 10:39
  Speaker 1: in June 2022, the university said. One of his former
• 10:43
  Speaker 1: professors told the Daily Mail that Koberger received his master's
• 10:46
  Speaker 1: degree from the university's online criminal justice program. After Koberger
• 10:52
  Speaker 1: finished at the Salis, he moved to Pullman, Washington, about
• 10:55
  Speaker 1: nine miles west of Moscow, to begin study last August
• 10:59
  Speaker 1: toward a Ph.D. in Washington State University's criminal justice and
• 11:04
  Speaker 1: criminology graduate program. The school district stays tight-lipped. Law enforcement
• 11:10
  Speaker 1: arrested Koberger on December 30th at his parents' eastern Pennsylvania
• 11:15
  Speaker 1: home while he was there during winter break from school.
• 11:18
  Speaker 1: Police at the same time executed search warrants at the
• 11:22
  Speaker 1: home as well as at Koberger's Washington State University office
• 11:26
  Speaker 1: and student apartment in Pullman. On the list of the
• 11:30
  Speaker 1: items they were seeking were any weapons, including knives. Investigators
• 11:35
  Speaker 1: said that they found a leather sheath for a combat-style
• 11:38
  Speaker 1: K-Bar brand knife stamped USMC or US Marine Corps next
• 11:43
  Speaker 1: to the body of one of the victims at the
• 11:46
  Speaker 1: crime scene. A single source of male DNA was later
• 11:49
  Speaker 1: discovered on the button snap of the sheath, which police
• 11:53
  Speaker 1: said they linked to Koberger. And the way they did
• 11:56
  Speaker 1: that with the genealogy that they used, there's really no
• 11:59
  Speaker 1: disputing who that DNA belonged to. On January 4th, police
• 12:03
  Speaker 1: transported Koberger from Pennsylvania to Moscow, where he remains in
• 12:08
  Speaker 1: the Latah County Jail on no bond. He awaits his
• 12:11
  Speaker 1: preliminary hearing, scheduled to start on June 26th. In the
• 12:19
  Speaker 1: nearly four months since Koberger was taken into custody, the
• 12:23
  Speaker 1: Pleasant Valley School District has remained tight-lipped. That's in spite
• 12:26
  Speaker 1: of repeated requests for comment from more than a dozen
• 12:29
  Speaker 1: media outlets, including the Statesman, according to email records, and
• 12:34
  Speaker 1: the Koberger family being well-known within the district. Koberger's two
• 12:38
  Speaker 1: older sisters, attended the same school system, and their parents
• 12:42
  Speaker 1: also spent lengthy tenures working there. Koberger's father retired in
• 12:48
  Speaker 1: June 2019 after 12 1⁄2 years as a maintenance man
• 12:52
  Speaker 1: working with the district, followed by his mother retiring in
• 12:55
  Speaker 1: June 2020 after 16 years as education support staff. Their
• 13:01
  Speaker 1: school district personnel records obtained by the statesman showed. While
• 13:05
  Speaker 1: in high school, Brian Koberger was enrolled in the Half
• 13:08
  Speaker 1: Day Technical School's law enforcement program as a sophomore. A
• 13:12
  Speaker 1: photo of Koberger in Pleasant Valley High School's 2010-2011 yearbook
• 13:18
  Speaker 1: that the statesman reviewed showed him in a uniform with
• 13:21
  Speaker 1: a caption noting that he aspired to be an Army Ranger.
• 13:24
  Speaker 1: But a former high school friend previously told the statesman
• 13:28
  Speaker 1: that Koberger's main interest was joining law enforcement, and we
• 13:31
  Speaker 1: heard that from several different people. He was really into
• 13:34
  Speaker 1: shows like CSI and all the rest of it. And
• 13:37
  Speaker 1: then you look at what he did in school, what
• 13:39
  Speaker 1: sort of career path he decided to follow, and that
• 13:42
  Speaker 1: solidifies it for me. By Kohlberger's junior year, he switched
• 13:47
  Speaker 1: his technical school focus to heating, ventilation, air conditioning, or HVAC,
• 13:52
  Speaker 1: a specialty that aligned with his father's skill set. After
• 13:56
  Speaker 1: four and a half years in the Air Force, Kohlberger's
• 13:58
  Speaker 1: dad earned certifications, including HVAC, From technical programs, according to
• 14:04
  Speaker 1: a six-page resume he included in a 2006 job application
• 14:09
  Speaker 1: with the district, school district leadership has still yet to
• 14:13
  Speaker 1: issue a single public statement about Koberger, a former employee
• 14:17
  Speaker 1: of five and a half years whose education began at
• 14:21
  Speaker 1: Pleasant Valley Elementary School, his 2015 job application detailed. The
• 14:26
  Speaker 1: district's email records obtained by the statesman indicate that's by design. Yeah,
• 14:31
  Speaker 1: I highly doubt they're going to talk, and what they'll
• 14:33
  Speaker 1: do is they'll use the gag order as the basis
• 14:36
  Speaker 1: for keeping quiet. Late on the day police arrested Koberger,
• 14:40
  Speaker 1: district leadership spent time with Fitzgerald, Pleasant Valley's attorney, workshopping,
• 14:45
  Speaker 1: and internal communication that was sent to all district staff.
• 14:50
  Speaker 1: A former student and employee, Brian Koberger, has been taken
• 14:53
  Speaker 1: into custody in connection with the four college students that
• 14:56
  Speaker 1: were killed in Idaho. If you are contacted by news
• 15:00
  Speaker 1: or media in relation to Brian Koberger, we ask that
• 15:03
  Speaker 1: you respond with no comment as this is an ongoing investigation.
• 15:07
  Speaker 1: Read a draft of the employee notification penned by Ray
• 15:11
  Speaker 1: Lynn Howard, the district's assistant superintendent. And this is what
• 15:15
  Speaker 1: you're going to run into no matter the investigation. Every
• 15:18
  Speaker 1: single time something cracks off, this is what you see.
• 15:21
  Speaker 1: And that's why I found it laughable as hell when
• 15:23
  Speaker 1: people were really out here thinking that the owner of
• 15:26
  Speaker 1: the Mad Greek is wasn't BSing us about Brian Koberger
• 15:29
  Speaker 1: being there and eating there. Of course he went there
• 15:32
  Speaker 1: to eat. Come on. But the mad Greek or the
• 15:35
  Speaker 1: school district, there's no law telling them that they have
• 15:39
  Speaker 1: to tell the media or anybody else about what happened.
• 15:42
  Speaker 1: The only people that they're obligated to talk to are
• 15:45
  Speaker 1: the investigators. Fitzgerald instead advised highlighting the sudden nature of
• 15:50
  Speaker 1: the information and referencing FERPA and other applicable state law
• 15:55
  Speaker 1: protections as the reason for not commenting. That advice was
• 15:59
  Speaker 1: incorporated into the email Howard sent to the school board
• 16:03
  Speaker 1: and all district employees. We are learning this news just
• 16:06
  Speaker 1: like you. Media outlets could reach out to staff due
• 16:09
  Speaker 1: to FERPA privacy protections and other applicable state law protections.
• 16:14
  Speaker 1: We cannot comment any further at this time. The latter
• 16:17
  Speaker 1: portion of the email read, In fact, FERPA restricts only
• 16:21
  Speaker 1: the release of education records that contain information directly related
• 16:26
  Speaker 1: to a student and maintained by the institution. The federal
• 16:30
  Speaker 1: law does not prohibit a district from commenting altogether or
• 16:34
  Speaker 1: district employees with information obtained through personal working knowledge or
• 16:39
  Speaker 1: observation from providing it unless the employee was involved with
• 16:43
  Speaker 1: producing the protected record according to a U.S. Department of
• 16:47
  Speaker 1: Education FERPA guidance document. So basically, they're just telling BS
• 16:52
  Speaker 1: over here and using that as their basis for not
• 16:55
  Speaker 1: giving the information out for whatever reason. Does it make
• 16:58
  Speaker 1: them look bad? Do they just not want to be involved?
• 17:00
  Speaker 1: Who knows? A statesman request of district leadership to address
• 17:05
  Speaker 1: their position on FERPA and clarify the other Pennsylvania laws
• 17:08
  Speaker 1: that applied and barred comment went unanswered. Meanwhile, Michael Simonetta,
• 17:14
  Speaker 1: the district's business manager, who also oversees its public records requests,
• 17:18
  Speaker 1: resolved not to respond to any media outlets seeking comment
• 17:22
  Speaker 1: unless they made official public record requests. The email showed
• 17:26
  Speaker 1: he took the advice of attorneys for the district, Fitzgerald
• 17:30
  Speaker 1: and Alicia Luke, to automatically issue a 30-day extension permitted
• 17:35
  Speaker 1: under Pennsylvania law. I'm guessing the drive-by media will have
• 17:38
  Speaker 1: likely moved on to the next shiny thing, Fitzgerald wrote
• 17:42
  Speaker 1: in a December 31st email. Thanks, Mark. Exactly what I'm thinking,
• 17:46
  Speaker 1: Simonetta replied. I just don't want it to look bad
• 17:48
  Speaker 1: for the district by delaying. Well, it looks bad, okay?
• 17:52
  Speaker 1: Why are you delaying, and why are you talking like that? Oh,
• 17:55
  Speaker 1: the media's gonna forget it? The drive-by media's gonna forget it? Well,
• 17:58
  Speaker 1: how'd that work out for you, buddy? Not so well,
• 18:01
  Speaker 1: I'm guessing. I surmise even those few that are actual
• 18:05
  Speaker 1: record requests won't even hold the attention of the requesters
• 18:08
  Speaker 1: by the time we actually respond. for the reasons Mark discussed.
• 18:13
  Speaker 1: Luke added January 3rd, subpoena signals possible legal strategy. The
• 18:18
  Speaker 1: subpoena two weeks later for Koberger's academic and employee records, however,
• 18:23
  Speaker 1: required the school district to respond. It remains unclear whether
• 18:28
  Speaker 1: Koberger's defense or the Latah County prosecutors sought the documents
• 18:32
  Speaker 1: or for what purpose. A gag order issued by the
• 18:35
  Speaker 1: judge in the case restricts attorneys on both sides from
• 18:38
  Speaker 1: commenting outside of the court record for which there is
• 18:42
  Speaker 1: no filing related to the school district subpoena. Edwina Cox,
• 18:47
  Speaker 1: a criminal defense attorney who previously served as an Ada
• 18:51
  Speaker 1: County deputy prosecutor, she told the statesman in an interview
• 18:55
  Speaker 1: that it could be either side that requested the legal
• 18:58
  Speaker 1: demand sent to the school district, but that details in
• 19:01
  Speaker 1: the emails provided to her by the statesman indicate that
• 19:05
  Speaker 1: it's more likely to have been the prosecution. If we're
• 19:09
  Speaker 1: playing connect the dots here, I think it would be
• 19:11
  Speaker 1: the state, Elcox said by phone. The district is complying
• 19:15
  Speaker 1: with the subpoena and saying we have to notify him
• 19:17
  Speaker 1: of this. So they're saying we're covering our bases with him. Kohlberger,
• 19:22
  Speaker 1: on the other hand, and his attorney on his behalf,
• 19:26
  Speaker 1: could request his academic records from the district without having
• 19:29
  Speaker 1: to ask the court to issue a subpoena. And that
• 19:32
  Speaker 1: would be prudent choice, Elcox said. to avoid sharing a
• 19:35
  Speaker 1: possible legal strategy with the prosecution at this stage in
• 19:39
  Speaker 1: the case. Exactly. If Kohlberger wanted his medical, I mean
• 19:42
  Speaker 1: his records from the school district, he'd just have to
• 19:45
  Speaker 1: ask for them. He would have to call or whatever,
• 19:48
  Speaker 1: apply for them, and I'm sure they'd turn them over.
• 19:51
  Speaker 1: But if it's the prosecution that's looking for them, obviously
• 19:54
  Speaker 1: they have to go through the steps and get the
• 19:57
  Speaker 1: approval of the court and file a subpoena to do that.
• 20:01
  Speaker 1: Kohlberger's attorneys may want the same records if they help
• 20:04
  Speaker 1: document their client's past educational challenges or a mental health
• 20:08
  Speaker 1: history that helps them in his defense, she said. Kohlberger
• 20:12
  Speaker 1: is believed to have posted on an online forum between
• 20:15
  Speaker 1: 2009 and 2012 about suffering from a rare brain disorder
• 20:21
  Speaker 1: known as visual snow. He also complained of the condition
• 20:24
  Speaker 1: to friends at the time. Is he going to try
• 20:27
  Speaker 1: and use that as an excuse? We don't know yet.
• 20:29
  Speaker 1: We have no idea what Ann Taylor and Brian Koberger
• 20:33
  Speaker 1: have planned for their defense. His district personnel file might
• 20:38
  Speaker 1: also show a work history, absent any problems, to help
• 20:42
  Speaker 1: persuade a jury that he is not the killer, Elcock said. Prosecutors, meanwhile,
• 20:47
  Speaker 1: would be looking for information included in the records to
• 20:50
  Speaker 1: prove the opposite, she said. They are casting a wide net,
• 20:53
  Speaker 1: Elcock said. They're looking for evidence of other prior wrongdoings,
• 20:58
  Speaker 1: bad acts, things that show intent, motive, lack of mistake. Theoretically,
• 21:03
  Speaker 1: it's a literal goldmine. If in an official capacity, there
• 21:08
  Speaker 1: is a documented concern that he demonstrates this kind of
• 21:11
  Speaker 1: inappropriate behavior, tendencies, actions, patterns, and he did it again,
• 21:16
  Speaker 1: what they're showing is, hey, these behaviors, there's no mistake here.
• 21:21
  Speaker 1: And if they can prove that, well, it just lays
• 21:23
  Speaker 1: more foundation. And as I've said many times before, I
• 21:27
  Speaker 1: think Brian Koberger, barring some sort of Hail Mary from
• 21:31
  Speaker 1: the defense, is going to be found guilty. And I
• 21:34
  Speaker 1: think that the more evidence that we see, even just
• 21:36
  Speaker 1: of the circumstantial nature, it continues to point us in
• 21:40
  Speaker 1: that direction. All right, folks, that's going to do it
• 21:43
  Speaker 1: for this one. All of the information that goes with
• 21:46
  Speaker 1: the episode can be found in the description box.