Latest / The Epstein Chronicles / Murder In Moscow: The Experts Behind The case Against Bryan Kohberger (Part 11) (9/7/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to get back to the rebuttal
- 0:06Speaker 1: of Matthew Nodal's report up in Moscow. In a report
- 0:10Speaker 1: prepared by Matt Nodal dated January 22nd, 2025, the following
- 0:15Speaker 1: results were reported. The following excerpts from the Nodal report
- 0:19Speaker 1: are included here to provide further interpretation or assessment considerations
- 0:24Speaker 1: beyond what was presented in the Nodal report. 1. Nodal Report,
- 0:29Speaker 1: page 40 Bates 003287, regarding the findings of secondary transfer
- 0:35Speaker 1: in the vehicle or residence of Mr. Kohlberger. The comprehensive
- 0:40Speaker 1: search of Brian Kohlberger's vehicle did not locate any blood
- 0:43Speaker 1: or specific evidence in connection with the events that took
- 0:46Speaker 1: place at 1122 King Road. On December 30, 2022, representatives
- 0:52Speaker 1: from the Idaho State Police Forensic Services Laboratory examined Brian
- 0:56Speaker 1: Kohlberger's apartment at 1630 Northeast Valley Road in Pullman, Washington.
- 1:02Speaker 1: In total, the search resulted in testing 51 positions in
- 1:05Speaker 1: the apartment for indications of blood, with only four of
- 1:08Speaker 1: these indicating presumptive positive for the presence of blood, none
- 1:12Speaker 1: of which connected to the victims at the King Street residence,
- 1:16Speaker 1: and all four of which were consistent with the known
- 1:18Speaker 1: reference sample of Kohlberger's own DNA. The amount of collected
- 1:22Speaker 1: blood distributed within the scene supports the inadvertent secondary transfer
- 1:27Speaker 1: of blood would be highly likely. Smudges, smears, and transfers
- 1:30Speaker 1: of blood seen on the third floor door, stair, rail,
- 1:34Speaker 1: and walls, the second floor rail, and in the room
- 1:37Speaker 1: of kernodal are indicators that the assailant had received blood
- 1:41Speaker 1: onto themselves or onto objects they possessed. Underlining added, Secondary
- 1:47Speaker 1: transfers of blood are common when a particularly bloody scene
- 1:50Speaker 1: is encountered. Because these transfers are known to occur regularly,
- 1:54Speaker 1: such secondary transfers of blood are purposefully sought during crime
- 1:58Speaker 1: scene processing and evaluation. In the textbook Principles of Bloodstain
- 2:02Speaker 1: Pattern Analysis, the author wrote, Smudge, wipes, and transfer patterns
- 2:06Speaker 1: of victim's blood are frequently produced on and within an
- 2:10Speaker 1: assailant's vehicle while leaving the scene. Door handles, steering wheel,
- 2:15Speaker 1: gearshift apparatus, console, and floor pedals should be examined carefully
- 2:19Speaker 1: for these types of bloodstains. Sutton comments, As Mr. Nodal stated,
- 2:24Speaker 1: inserted below, The evidence that the assailant did have blood
- 2:27Speaker 1: on their person and or on objects in their possession
- 2:30Speaker 1: and the secondary transfer of blood inside the house did occur. Smudges, smears,
- 2:34Speaker 1: and transfers of blood seen on the third floor door,
- 2:37Speaker 1: stair rails, walls, the second floor rail, and in the
- 2:41Speaker 1: room occur nodal are indicators that an assailant had received
- 2:45Speaker 1: blood onto themselves or onto objects they possessed. To predict
- 2:49Speaker 1: that the amount of secondary transfer blood would be highly likely,
- 2:52Speaker 1: as stated in the quotation inserted below, does not agree
- 2:55Speaker 1: with the relatively small number and quantity of blood in
- 2:58Speaker 1: secondary transfers which were found within the scene. Even during
- 3:02Speaker 1: the activity associated with an assault, when the perpetrator was
- 3:06Speaker 1: focused on the assault instead of exercising caution not to
- 3:10Speaker 1: create secondary transfers, only a limited amount of blood was
- 3:13Speaker 1: transferred outside of the bedrooms. The amount of collective blood
- 3:17Speaker 1: distributed within the scene supports that inadvertent secondary transfer of
- 3:21Speaker 1: blood would be highly unlikely. While spatter was widely distributed
- 3:25Speaker 1: in both bedrooms involved, the amount of spatter in the
- 3:28Speaker 1: surrounding area where a perpetrator would be located as to
- 3:32Speaker 1: create a void. If a perpetrator had been covered in blood,
- 3:35Speaker 1: it seems a void would be identifiable. There was no
- 3:39Speaker 1: visible footwear transfer associated with any of the possible exits
- 3:42Speaker 1: from the scene. Even though it can be established that
- 3:45Speaker 1: the perpetrator left the scene, they did so without leaving
- 3:48Speaker 1: visible footwear transfer stains. The significance of the lack of
- 3:52Speaker 1: secondary transfer in a vehicle purportedly used when leaving the
- 3:56Speaker 1: scene must take into consideration what is applicable to the
- 3:59Speaker 1: particular scene in question. One must consider, first, that there
- 4:04Speaker 1: was limited amount of secondary transfer within the scene itself,
- 4:08Speaker 1: which is attributable to someone other than Mogan, Gonsalves, Carnotel,
- 4:12Speaker 1: or Chapin. Secondly, one must consider how much, if any,
- 4:16Speaker 1: wet blood would still be exposed when the secondary contact
- 4:19Speaker 1: was made. An assailant can easily remove protective clothing and
- 4:24Speaker 1: shoe covers or place unstained coverings over stained clothing or
- 4:27Speaker 1: shoes before they contact their vehicle or residence. Cleaning or
- 4:31Speaker 1: wiping off excess blood before making contact with secondary surfaces
- 4:36Speaker 1: is also possible. Regarding secondary footwear transfers, there are no
- 4:40Speaker 1: visible footwear transfers associated with any of the possible exits
- 4:44Speaker 1: from the scene. Even though it can be established that
- 4:46Speaker 1: the perpetrator left the scene, they did so without leaving
- 4:49Speaker 1: visible footwear transfer stains. Even if secondary transfers are in
- 4:54Speaker 1: fact created, there is also the possibility that the vehicle
- 4:58Speaker 1: or residence has been cleaned before a documented search of
- 5:01Speaker 1: the vehicle occurred. Refer to historic article entitled Absence of
- 5:05Speaker 1: Evidence is Not Evidence of Absence, Kish P.E. McDonald H.L.
- 5:09Speaker 1: Guest Editorial, 46-1996, which is attached as Appendix D. I
- 5:16Speaker 1: certainly agree with Mr. Nodal's statement inserted below that the
- 5:19Speaker 1: vehicle in residence is of any suspect should be examined
- 5:22Speaker 1: for blood or other evidence that might have been transferred
- 5:25Speaker 1: from the crime scene. Secondary transfers of blood are common
- 5:29Speaker 1: when a particularly bloody scene is encountered. Because these transfers
- 5:33Speaker 1: are known to occur regularly, such secondary transfers of blood
- 5:36Speaker 1: are purposefully sought during crime scene processing and evaluation. The
- 5:41Speaker 1: significance of the resultant findings when examining secondary surfaces is
- 5:45Speaker 1: such as the vehicle or residence of an accused, must
- 5:48Speaker 1: be interpreted considering all available information. As stated in the
- 5:53Speaker 1: textbook Principles of Bloodstain Pattern Analysis, page 120, the authors wrote,
- 5:58Speaker 1: the lack of bloodstains on an accused person should be
- 6:01Speaker 1: viewed as an issue of further inquiry. Often the lack
- 6:04Speaker 1: of bloodstains on an accused person or his or her
- 6:07Speaker 1: clothing will relate to the types and location of the
- 6:10Speaker 1: deceased injuries or actions taken by the accused, during or
- 6:14Speaker 1: subsequent to the violent act. Therefore, analysts should exercise caution
- 6:19Speaker 1: as to what size of the stains or the quantity
- 6:21Speaker 1: of spatter is expected to be present at a scene
- 6:24Speaker 1: or on a suspect's clothing. 2. Notal Report, page 14,
- 6:29Speaker 1: Bates numbers 00 through 3261, describes renumbering of samples. The
- 6:36Speaker 1: initial bloodstain area cataloged by Detective Talbot were identified in
- 6:39Speaker 1: scene images with white cardboard numbered placards. Many of these
- 6:43Speaker 1: areas were sampled into swabs. Detective Talbot identified swab blood
- 6:48Speaker 1: samples as scene placards 23 through 49. These swabs were
- 6:52Speaker 1: then turned over to Detective Payne, who remembered, who renumbered
- 6:56Speaker 1: the swabs as items 17 through 43. Then, on November 17, 2022,
- 7:03Speaker 1: Idaho State Police Forensic Services Laboratory personnel were asked to
- 7:06Speaker 1: help process the scene and test the previously labeled areas
- 7:10Speaker 1: with a presumptive blood test. The ISPFS laboratory was directed
- 7:15Speaker 1: to the location of the previously collected areas and identified
- 7:19Speaker 1: these locations with new, yellow-numbered stickers applied to the areas
- 7:23Speaker 1: matching the Talbot placard numbers. The individual areas tested by
- 7:27Speaker 1: the IFPS laboratory had already been altered from the initial
- 7:31Speaker 1: swab collection. The ISPFS laboratory personnel located additional stains and
- 7:37Speaker 1: groups of patterns, each of which were identified with yellow
- 7:40Speaker 1: alphabet stickers. Samples that were ultimately tested in the forensic
- 7:44Speaker 1: laboratory received new laboratory numbers and the notes associated with
- 7:48Speaker 1: the new laboratory numbers referenced the Detective Payne renumbering system.
- 7:53Speaker 1: Assuming Detective Payne kept the same sequence of blood swab
- 7:57Speaker 1: samples as Detective Talbot, one must add 6 from the
- 8:00Speaker 1: Payne item number to get to the Talbot on-scene placard number.
- 8:04Speaker 1: ISPFS laboratory notes, scene images, and descriptions support the sequence
- 8:08Speaker 1: used by Detective Talbot was maintained in the Payne renumbering.
- 8:13Speaker 1: Sutton comments, specifically referring to the following excerpts from Matt
- 8:17Speaker 1: Nodal's report, page 14, bait 003261. One must add six
- 8:23Speaker 1: from the Payne item number to get the Talbot on-scene
- 8:26Speaker 1: placard number. ISPFS personnel used yellow stickers, but their numbers
- 8:32Speaker 1: match the original numbers that Detective Talbot had used. As
- 8:36Speaker 1: a result, if Payne pre-logged a sample into ISPFS system
- 8:40Speaker 1: as sample 48, it would actually represent sample 42, as
- 8:44Speaker 1: depicted in the scene images taken by ISPFS personnel. The
- 8:49Speaker 1: ISPFS then assigned lab number 77 to this stain, and
- 8:53Speaker 1: it was shown to be linked to Kaley Gonsalves. I
- 8:57Speaker 1: was not initially aware of the situation with the scene
- 8:59Speaker 1: placards versus the numbers depicted in the ISPFS laboratory worksheets.
- 9:04Speaker 1: All right, now moving on to the rebuttal To Dr.
- 9:07Speaker 1: Brent Turvey, report dated January 22, 2025. 1. Turvey comments
- 9:13Speaker 1: on lack of blood detected in Kohlberger's vehicle, Bates 004038.
- 9:19Speaker 1: Despite an extensively and exhaustive forensic examination of the defendant's
- 9:23Speaker 1: vehicle for bloody clothing, blood transfer, and other evidence related
- 9:27Speaker 1: to these crimes, down to the metal, none was found.
- 9:31Speaker 1: This has essentially excluded the defendant's vehicle as being related
- 9:34Speaker 1: to the commission of these crimes. The failure to be
- 9:37Speaker 1: absolutely clear and forthcoming about this evidence would be evidence
- 9:41Speaker 1: of bias. Sutton comments, The failure to detect blood in
- 9:45Speaker 1: the defendant's vehicle does not exclude the vehicle from being
- 9:48Speaker 1: related to the commission of these crimes. For reasons previously
- 9:52Speaker 1: discussed at Notal Rebuttal, there can be a bunch of
- 9:55Speaker 1: reasons blood was not transferred or detected in the defendant's vehicles.
- 10:00Speaker 1: These findings need to be understood in the context of
- 10:03Speaker 1: all available information. 2. Turvey comments on lack of blood
- 10:07Speaker 1: on the sliding door at Floor 2, Bates 004039. On
- 10:13Speaker 1: the second floor, there's a sliding glass door, which was
- 10:16Speaker 1: found to be open by law enforcement. It's been inferred
- 10:19Speaker 1: that this was the location where the suspect or suspects
- 10:22Speaker 1: may have entered or at least exited. There's no physical
- 10:25Speaker 1: evidence to support this as, again, there would need to
- 10:28Speaker 1: be requisite blood transfer. If an intruder left the house
- 10:32Speaker 1: through this door, having left it open upon entry, there
- 10:35Speaker 1: would need to be bloody footwear patterns on the floors
- 10:37Speaker 1: from bloody shoes or feet both leading up to and
- 10:41Speaker 1: out of that sliding glass door. Sutton comments, If the
- 10:44Speaker 1: sliding glass door was in the open position when the
- 10:47Speaker 1: intruder entered, or if it was left in an open
- 10:49Speaker 1: position after the intruder entered the residence, there would be
- 10:54Speaker 1: no need for the intruder to touch the door when exiting. Therefore,
- 10:58Speaker 1: there would be no need for the intruder or the
- 11:00Speaker 1: bloodstains on the intruder's person or in their possession to
- 11:03Speaker 1: make contact with the sliding glass door. The assailant could
- 11:07Speaker 1: have removed bloody gloves or removed bloodstains before leaving. The
- 11:11Speaker 1: extent of secondary transfer inside the crime scene by someone
- 11:14Speaker 1: other than the decedents is minimal. There are three possible
- 11:18Speaker 1: exits from the crime scene, and there are no visible
- 11:21Speaker 1: footwear transfer stains or secondary transfer stains at any of
- 11:24Speaker 1: the exits. It can be established that the perpetrator had
- 11:28Speaker 1: to have used one of the available exits to leave
- 11:30Speaker 1: the crime scene, but no secondary footwear transfer stains or
- 11:34Speaker 1: secondary transfer stains were created. This seems to negate Dr.
- 11:37Speaker 1: Turvey's conclusion that lack of secondary transfer stains would preclude
- 11:42Speaker 1: the sliding glass door from being the avenue of exit.
- 11:45Speaker 1: All right, folks, we're going to wrap up right here.
- 11:48Speaker 1: And in the next episode, we're going to pick up
- 11:50Speaker 1: with three. Dr. Turvey indicates that Gonsalves and Mogan were posed.
- 11:55Speaker 1: All the information that goes with this episode can be
- 11:58Speaker 1: found in the description box.