Latest / Beyond The Horizon / Murder In Moscow: Trial Expert Bryan Edelman And The Affidavit In Support Of Kohberger (Part 1-3) (8/6/26)

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Murder In Moscow: Trial Expert Bryan Edelman And The Affidavit In Support Of Kohberger (Part 1-3) (8/6/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone, and welcome back to the program. In
• 0:03
  Speaker 1: this episode, we're going to continue on taking a look
• 0:05
  Speaker 1: at some of the new filings that have just been
• 0:08
  Speaker 1: filed to the docket by Anne Taylor in Moscow. And
• 0:12
  Speaker 1: in this episode we're going to start taking a look
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  Speaker 1: at the declaration of Brian Edelman. I Brian Edelman, solemnly,
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  Speaker 1: sincerely and truly declare and a firm as follows. I
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  Speaker 1: am the co founder of Trial Innovations, Incorporated, a national,
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  Speaker 1: full service jury research firm. I have worked as a
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  Speaker 1: trial consultant for twenty years and have conducted pre trial
• 0:34
  Speaker 1: and post trial research on both criminal and civil cases
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  Speaker 1: across the country. I've been retained as an expert in
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  Speaker 1: over seventy cases that have received significant publicity and asked
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  Speaker 1: to assess the impact of media coverage on the fairness
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  Speaker 1: of the trial proceedings. Some of these cases that I've
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  Speaker 1: been retained on include the State of Idaho versus Jonathan Renfro,
• 0:55
  Speaker 1: State of Idaho versus Gilberto Rodriguez, United States versus Cloud,
• 1:00
  Speaker 1: United States versus Sablin, United States versus Marilyn Moseby United
• 1:04
  Speaker 1: States versus Robert Bowers, State of Florida versus Nicholas Cruz
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  Speaker 1: and the United States versus David de Pape, counsel for
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  Speaker 1: the defendant in the state of Idaho versus Brian Coburger,
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  Speaker 1: retain me to research and evaluate. One whether there was
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  Speaker 1: extensive and prejudicial pre trial publicity in Leayta County surrounding
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  Speaker 1: the killing of four students attending the University of Idaho
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  Speaker 1: in Moscow, the community panic that ensued during the search
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  Speaker 1: for the suspect, and the alleged evidence tying Brian Colberger
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  Speaker 1: to the murders. Two determine if the media coverage is
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  Speaker 1: impacted the defendant's ability to obtain a fair trial and
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  Speaker 1: impartial jury in Layta County. Three evaluate potential bias in
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  Speaker 1: alternate venues, and four, based on the findings, recommend appropriate
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  Speaker 1: remedial measures, for example, a change of venue to protect
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  Speaker 1: the Coburger's ability to be tried by affair and impartial jury.
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  Speaker 1: As part of my analysis, I have value weighted relevant newsprint, television,
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  Speaker 1: and social media coverage surrounding these events and conducted a
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  Speaker 1: community attitude survey of four hundred residents in Leyta County.
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  Speaker 1: Comparison surveys were conducted in Ada County, Canyon, and Bannett Counties.
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  Speaker 1: It is my opinion that the residents in Leayta County
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  Speaker 1: have been exposed to extensive prejudicial, pre trial publicity and
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  Speaker 1: social media surrounding the murders of Kaili Gonsalvis Madison Mogan,
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  Speaker 1: Xana Kernodle, and Ethan Chapin. The Coverage of Brian Kolberger
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  Speaker 1: included interviews with former friends and students, and the old
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  Speaker 1: posts from his social media accounts dating back to years.
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  Speaker 1: The publicity painted a picture of a disturbed individual capable
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  Speaker 1: of committing violence. The media also saturated the jury pool
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  Speaker 1: with potential trial evidence and details, some of which proved
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  Speaker 1: to be false and misleading that create a presumption of guilt.
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  Speaker 1: The pre trial publicity is replete with references to GPS
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  Speaker 1: phone data from the defendant's phone, video footage of the
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  Speaker 1: alleged gate ghetaway vehicle reported to be his make and model,
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  Speaker 1: evidence left by the killer at the crime scene, DNA results,
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  Speaker 1: and erroneous connections to the victims. Much of this information
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  Speaker 1: came directly from the probable cause Affi David shared with
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  Speaker 1: the media by Leytai County Prosecutor Bill Thompson. During a
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  Speaker 1: December thirtieth, twenty twenty, televised news conference with the media
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  Speaker 1: in attendance, mister Thomas encouraged them to share the true
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  Speaker 1: facts with all of your readers, the watchers and listeners
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  Speaker 1: and all the people who were interested and really need
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  Speaker 1: to know what is going on. These killings and shockwaves
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  Speaker 1: through the local community and generated a widespread panic during
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  Speaker 1: the six week search for the killer. During this time,
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  Speaker 1: there was tremendous pressure on law enforcement to find the
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  Speaker 1: person responsible for the murders and share details about the
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  Speaker 1: investigation with the public, With investigators reluctant to share information
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  Speaker 1: before making an arrest. Rumors and misinformation proliferated via informal
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  Speaker 1: communication channels and social media about the crimes. Eg. The
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  Speaker 1: victims were bound and gagged, the killer called nine one
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  Speaker 1: one and killer EG. It was a driver who took
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  Speaker 1: the victims home. The roommates were involved Coburger had killed before.
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  Speaker 1: During this time, it was reported that detectives received two thousand,
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  Speaker 1: six hundred and forty five email tips, two thousand, seven
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  Speaker 1: hundred and seventy phone tips, and one thousand, eighty four
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  Speaker 1: digital media submissions from the public. Residents remained on high
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  Speaker 1: alert and feared that the killer could strike again. Many
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  Speaker 1: students went home for the Thanksgiving break early and did
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  Speaker 1: not return. On December tenth, University of Idaho spokeswoman Jody
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  Speaker 1: Walker told the media that estimated twenty five percent to
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  Speaker 1: forty percent of students had not yet returned to campus.
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  Speaker 1: One of the victim's sisters encouraged students to go home
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  Speaker 1: rather than risk their lives. To the students at the
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  Speaker 1: University of Idaho that are still staying around campus, leave
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  Speaker 1: Your grades are severely less important than your lives. Police
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  Speaker 1: Chief Fry tried to reassure the public that everyone was safe,
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  Speaker 1: and the Universe of Idaho drastically increased campus security. The
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  Speaker 1: Moscow community joined together to support the victims and their families.
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  Speaker 1: A candlelight vigil was held on campus and thousands of
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  Speaker 1: stickers were handed out. Another candlelight vigil was held on
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  Speaker 1: the one year anniversary of the murders. In addition, a
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  Speaker 1: tree that serves as the centerpiece of Moscow's Friendship Square
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  Speaker 1: was decorated with messages written by community members to honor
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  Speaker 1: the four victims during the holiday season. The Healing Garden
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  Speaker 1: was inspired by the murders and created to memorialize all
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  Speaker 1: students who had died while attending the university. The King
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  Speaker 1: Rode home, where the victims lived, was demolished based on
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  Speaker 1: a request from the student body. We heard from the
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  Speaker 1: students in the area that they were ready for the
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  Speaker 1: house to come down. However, the decision was met with
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  Speaker 1: criticism and fomented another round of speculation and misinformation. A
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  Speaker 1: community attitude survey was conducted to assess the impact of
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  Speaker 1: the media coverage on the Leata County jerry pool. Approximately
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  Speaker 1: ninety eight percent of the survey respondents were famili with
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  Speaker 1: the case. In addition, community members are more than just
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  Speaker 1: pass familiar with this crime. Approximately sixty eight percent of
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  Speaker 1: survey respondents reported that they have followed the case somewhat
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  Speaker 1: or very closely, with twenty nine percent falling into the
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  Speaker 1: latter category. In addition, seventy nine percent of surveyrrespondents recognized
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  Speaker 1: at least five of nine media items tested in the survey,
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  Speaker 1: and fifty two percent new seven or more. Eighty one
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  Speaker 1: percent of those familiar with the case had read, seen,
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  Speaker 1: or heard that police found the knife sheath on the
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  Speaker 1: bed next to one of the victims and sixty seven
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  Speaker 1: percent were aware that DNA was found on the sheath
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  Speaker 1: and it was matched to Brian Colberger. In addition, eighty
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  Speaker 1: six percent of Leta County survey respondents heard that the
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  Speaker 1: defendant own the same type of car recorded on video
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  Speaker 1: driving in the neighborhood where the killings occurred, and seventy
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  Speaker 1: nine percent new that cell phone towered data purportedly show
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  Speaker 1: that Coburger made several trips near the victims home months
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  Speaker 1: before the killings. These findings are particularly concerning given that
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  Speaker 1: all these media items, which came from the probable cause
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  Speaker 1: AFFI David mentioned during a December thirtieth press conference, were
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  Speaker 1: significantly related to prejudgment. For example, seventy two percent of
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  Speaker 1: Leta County prospective jurors who knew that police found the
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  Speaker 1: knife sheath and seventy five percent of those who heard
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  Speaker 1: there was DNA match believe Coburger is guilty of murder.
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  Speaker 1: These findings put the defendant at a distinct disadvantage at
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  Speaker 1: the start of a trial. Many of the incriminating details
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  Speaker 1: widely reported in the media are in dispute, including the
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  Speaker 1: claim that Coburger's vehicle is placed near the crime scene
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  Speaker 1: by video footage and cell tower data. However, the burden
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  Speaker 1: of proof is shifted to the defendant, who must change
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  Speaker 1: jurors pre existing opinions regarding the evidence against Coburger developed
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  Speaker 1: from exposure to bias media coverage. The size of the
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  Speaker 1: venue is another important factor to consider in this case.
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  Speaker 1: Sensational crimes are more likely to have a longer lasting
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  Speaker 1: impact on the public's consciousness in space smaller counties than
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  Speaker 1: in larger ones, where violent crimes were more common. Informal
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  Speaker 1: communication channels, including social media, can also have a greater
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  Speaker 1: effect in spreading rumors and misinformation in smaller communities. Leayta
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  Speaker 1: County is the eleventh largest county in Idaho, with just
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  Speaker 1: thirty two thousand, five hundred and fifteen residents over the
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  Speaker 1: age of eighteen. In addition, sixty six percent, or twenty
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  Speaker 1: one thousand, five hundred and ninety eight of the country's
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  Speaker 1: jury eligible population reside in Moscow, the community most impacted
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  Speaker 1: by these murders. Several rumors have proliferated in Layta County.
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  Speaker 1: For example, survey respondents reported that Coburger had a bad
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  Speaker 1: history with women, was responsible for other murders in Pennsylvania
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  Speaker 1: and Washington, bragged about committing the perfect murder and was
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  Speaker 1: acting strange after the murders. Others reported that he was
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  Speaker 1: obsessed with one of the victims, had dated or tracked
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  Speaker 1: locations at all times, and had been in the house
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  Speaker 1: in the past. Survey respondents also mentioned rumors about drugs,
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  Speaker 1: other suspects involved an online business that was sexual in nature,
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  Speaker 1: and the parties at the victim's house. The survey data
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  Speaker 1: show that the media coverage has shifted the burden of
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  Speaker 1: proof to the defendant. Many Leta County prospective jurors exposed
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  Speaker 1: to prejudicial media coverage hold a presumption of guilt. Approximately
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  Speaker 1: sixty seven percent of survey respondents who knew about the
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  Speaker 1: case reported that Brian Colberger is guilty of murder, with
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  Speaker 1: twenty five percent indicating that he is definitely guilty. The
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  Speaker 1: presumption of guilt increased to eighty one percent for those
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  Speaker 1: who recognize seven or more media items. In addition, fifty
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  Speaker 1: one percent of survey respondents reported that Coburger would have
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  Speaker 1: a difficult time convincing them that he is not guilty
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  Speaker 1: of murder, which increased to sixty six percent for those
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  Speaker 1: who recognized seven or more media items. Just nineteen percent
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  Speaker 1: reported that Coburger would not have a difficult time convincing
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  Speaker 1: them of his innocence. As for sentence, fifty two percent
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  Speaker 1: of survey respondents believe the jury should sentence co oh
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  Speaker 1: Burger to death if he is convicted, compared to twenty
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  Speaker 1: four percent who favor life without the possibility of parole.
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  Speaker 1: The survey data also provide insight into the extent of
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  Speaker 1: personal connections among Layta County residents to Moscow, the University
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  Speaker 1: of Idaho, and these murders. Approximately eighty eight percent of
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  Speaker 1: those familiar with this case have talked about it or
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  Speaker 1: heard others talking about it in person or online. In addition,
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  Speaker 1: seventy eight percent of survey respondents live in Moscow or
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  Speaker 1: knew someone who lived there at the time of the murders.
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  Speaker 1: Another twenty five percent reported that they or a family
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  Speaker 1: member was a student or employee at the University of
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  Speaker 1: Idaho in Moscow. A sizeable percentage of the prospective jury
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  Speaker 1: pool was also connected to the murder investigation. Approximately twenty
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  Speaker 1: two percent of Layta County survey respondents are employed or
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  Speaker 1: know someone employed by a law enforcement agency involved in
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  Speaker 1: the investigation. Layta County residents lived in a perpetual state
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  Speaker 1: of fear during the search for the killer. Many survey
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  Speaker 1: respondents reported that they started locking their doors for the
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  Speaker 1: first time, and parents feared for their children's lives. More
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  Speaker 1: than half fifty six percent of survey respondents reported that
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  Speaker 1: they or someone they know experienced higher levels of stress, anxiety,
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  Speaker 1: or of fear during the manhunt. That number increased to
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  Speaker 1: sixty three percent from Moscow residents. The comparison surveys also
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  Speaker 1: found significant case recognition and bias across alternate venues. Approximately
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  Speaker 1: ninety percent of Canyon County and eighty four percent of
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  Speaker 1: Bannet County survey respondents were familiar with the case. The
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  Speaker 1: pre judgment rate in Canyon and Bannitt Counties were also high.
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  Speaker 1: Sixty nine percent of Canyon County and seventy six percent
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  Speaker 1: of Bannet County residents familiar with the case reported that
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  Speaker 1: the defendant was guilty of murder. Ada County is the
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  Speaker 1: largest county in Idaho, with four hundred and six thousand,
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  Speaker 1: sixty eight residents over the age of eighteen. Its population
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  Speaker 1: is more than twelve times the size of Leta County.
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  Speaker 1: Approximately ninety three percent of Ada County survey respondents have read, seen,
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  Speaker 1: or heard about this case, and sixty eight percent believe
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  Speaker 1: Coburger is guilty of murder. However, there were important differences
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  Speaker 1: between the Lata and Ada County jerry pools. Ada County
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  Speaker 1: residents are far less invested in the case than their
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  Speaker 1: Leayta County counterparts. Only fifteen percent reported that they followed
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  Speaker 1: the case very closely, compared to twenty nine percent of
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  Speaker 1: perspective jurors in Lata County. They were also less familiar
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  Speaker 1: with prejudicial media items. Approximately sixty three percent had read, seen,
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  Speaker 1: or heard that police found a knife sheath on one
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  Speaker 1: of the victim's beds, compared to eighty one percent in
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  Speaker 1: Layta County. Fifty two percent had heard that DNA on
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  Speaker 1: the knife sheath matched the defendant, fifteen percentage points lower
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  Speaker 1: than their counterparts in Layta County. Ada County survey respondents
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  Speaker 1: were also less familiar with prejudicial misinformation widely reported in
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  Speaker 1: the coverage and disseminated via social media. For example, just
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  Speaker 1: thirty five percent had heard that the defense allegedly followed
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  Speaker 1: one of the victims on social media. All right, we're
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  Speaker 1: going to wrap up Part one here and in the
• 13:05
  Speaker 1: next episode dealing with the topic, we're going to pick
• 13:08
  Speaker 1: up where we left off. All of the information that
• 13:11
  Speaker 1: goes with this episode can be found in the description box.
• 13:14
  Speaker 1: What's up everyone, and welcome back to the program. In
• 13:17
  Speaker 1: this episode, we're going to continue on with the declaration
• 13:20
  Speaker 1: of Brian Edelman. Ada County community members did not suffer
• 13:25
  Speaker 1: severe levels of emotional distress during the search for the killer.
• 13:29
  Speaker 1: Only thirty one percent of perspective jurors reported that they
• 13:32
  Speaker 1: or someone they know experienced higher levels of stress, anxiety,
• 13:36
  Speaker 1: or fear during the manhunt, twenty five percentage points lower
• 13:40
  Speaker 1: than in Leayta County. In conclusion, given the extent and
• 13:43
  Speaker 1: nature of the pre trial publicity in Leayta County, coupled
• 13:47
  Speaker 1: with its negative impact on the jury pool, it's my
• 13:49
  Speaker 1: opinion that there is a reasonable likelihood that the defendant's
• 13:53
  Speaker 1: constitutional rights to a fair trial have been undermined. As such,
• 13:57
  Speaker 1: it's my opinion that remedial measures, including a chain NUE,
• 14:00
  Speaker 1: are appropriate to ensure a fair and impartial trial. Two qualifications,
• 14:06
  Speaker 1: education and experience. A copy of my curriculum can be
• 14:10
  Speaker 1: found in Appendix A of this declaration. Upon completion of
• 14:14
  Speaker 1: my undergraduate education, I received an MA and PhD in
• 14:17
  Speaker 1: social psychology from the University of Nevada, Areno, and an
• 14:21
  Speaker 1: LLM from the University of Kent in the United Kingdom.
• 14:25
  Speaker 1: My graduate studies have provided me with the broad foundation
• 14:28
  Speaker 1: in both quantitative and qualitative research methodologies, as well as statistics.
• 14:34
  Speaker 1: The social psychology program at the University of Nevada is
• 14:38
  Speaker 1: unique in that it's one of the few in the
• 14:40
  Speaker 1: country that has an emphasis on application of social psychological
• 14:44
  Speaker 1: theory to the legal arena. During my studies, I specialized
• 14:47
  Speaker 1: in jury related issues and examined how attitudes, race, stereotypes,
• 14:52
  Speaker 1: pre trial publicity, and other factors influenced jur and jury
• 14:56
  Speaker 1: decision making. In this regard, I took coursework addressing topics
• 15:00
  Speaker 1: associated with change of venue motions, the impact of pre
• 15:03
  Speaker 1: trial publicity on jurors ability to be fair and impartial,
• 15:07
  Speaker 1: and the steps necessary to conduct a change of venue analysis.
• 15:10
  Speaker 1: The university's association with the National Judicial College and other
• 15:14
  Speaker 1: government agencies also afforded me the opportunity to conduct research
• 15:19
  Speaker 1: with the public defender, district Attorney, Court Services, the judiciary,
• 15:23
  Speaker 1: and other institutions in Washaue County, Nevada. Research experience. While
• 15:28
  Speaker 1: at the University of Nevada A Reno, I worked as
• 15:31
  Speaker 1: a research assistant and project manager at the Grant Sawyer
• 15:34
  Speaker 1: Center for Justice Studies, where I assisted with several national surveys,
• 15:39
  Speaker 1: including one that examined the judiciary's understanding and application of
• 15:43
  Speaker 1: the Dobert standard. I also explored how jurors minimize what
• 15:47
  Speaker 1: they have read, seen, or heard about high profile cases
• 15:50
  Speaker 1: during vordere In addition, I oversaw a study in Washoe
• 15:54
  Speaker 1: County's pre trial release program and assisted with the development
• 15:57
  Speaker 1: of training programs for foreign justices, ar administrators, prosecutors, and
• 16:02
  Speaker 1: defense attorneys who were brought to the United States by
• 16:05
  Speaker 1: the Department of State. Further, I have conducted and published
• 16:08
  Speaker 1: research on the impact of illegitimate factors on JURI decision making.
• 16:12
  Speaker 1: This research included developing and testing a model that attempted
• 16:16
  Speaker 1: to explain how factors such as race and empathy influence
• 16:20
  Speaker 1: pre and post deliberation sentencing decisions in capital cases. My
• 16:25
  Speaker 1: research as a jur decision making in capital cases was
• 16:28
  Speaker 1: later published as a book. Since completing my studies, I
• 16:31
  Speaker 1: have also published on the impact of graphic images on
• 16:34
  Speaker 1: jurors and on methodological issues associated with online survey research.
• 16:39
  Speaker 1: Jury research Experience. I began working as a trial consultant
• 16:43
  Speaker 1: in nineteen ninety eight and co founded Trial Innovations in
• 16:46
  Speaker 1: twenty ten. Over the years, I've worked on hundreds of
• 16:49
  Speaker 1: criminal and civil cases across the country. As a trial consultant,
• 16:53
  Speaker 1: I have conducted mock trials, focus groups, surveys, post trial
• 16:56
  Speaker 1: interviews and other research exercises, insulted in the courtroom, and
• 17:01
  Speaker 1: assisted with jury selection on more than one hundred cases.
• 17:04
  Speaker 1: I have also served as a presenter at local bar associations,
• 17:08
  Speaker 1: law firms, national meetings and conferences. In addition, I have
• 17:12
  Speaker 1: been invited to conduct MCL course related to jury selection
• 17:16
  Speaker 1: by the public Defender, Alternate defender, and District Attorney in California, Nevada,
• 17:21
  Speaker 1: and New Mexico. I have also served as a guest
• 17:24
  Speaker 1: lecturer at the University of Santa Cruz, Saint Mary's College,
• 17:28
  Speaker 1: and Stanford Law School Venue Experience. As a graduate student,
• 17:32
  Speaker 1: I was trained by doctor Ronald Dillahay and doctor Edward Bronson,
• 17:36
  Speaker 1: two of the leading experts in the country on venue
• 17:38
  Speaker 1: and pre trial publicity. Over the years, I've had the
• 17:41
  Speaker 1: opportunity to work with doctor Bronson on a number of
• 17:44
  Speaker 1: change of venue studies. I've worked on change of venue
• 17:47
  Speaker 1: issues in several different capacities. As a researcher, I have
• 17:50
  Speaker 1: coded trial transcripts and high profile cases to evaluate how
• 17:54
  Speaker 1: jurors minimize their bias and exposure to pre trial publicity
• 17:58
  Speaker 1: during vordere and challenges this phenomenon poses for judges and attorneys.
• 18:04
  Speaker 1: In addition, I examined the impact of television pre child
• 18:07
  Speaker 1: publicity on prejudgment of guilt. I have also presented as
• 18:11
  Speaker 1: a panelist on change of venue issues at the American
• 18:13
  Speaker 1: Society of Trial Consultants Annual Conference and been a co
• 18:17
  Speaker 1: author on the chapter in the California Criminal Law Procedure
• 18:20
  Speaker 1: and Practice on Change of Venue Since twenty eleven. I
• 18:24
  Speaker 1: have conducted content analysis of media coverage on a host
• 18:27
  Speaker 1: of topics and have designed more than fifty community attitude
• 18:31
  Speaker 1: surveys Over the years. I've been retained as an expert
• 18:34
  Speaker 1: to conduct and evaluate change of venue studies and also
• 18:37
  Speaker 1: to recommend remedial measures for addressing exposure to pre child publicity.
• 18:42
  Speaker 1: Outside of a change of venue expert witness experience, I've
• 18:46
  Speaker 1: been retained as an expert witness on matters including freedom
• 18:49
  Speaker 1: of religion in China, political asylum hearing, eyewitness identification, and
• 18:54
  Speaker 1: change of venue. I've testified as an expert witness in
• 18:57
  Speaker 1: person or by declaration in californ Flifornia, Idaho, Colorado, Texas, Michigan, Florida, Massachusetts, Nevada, Pennsylvania, Tennessee,
• 19:06
  Speaker 1: West Virginia, and Washington in state and federal court. In
• 19:10
  Speaker 1: the majority of cases that I have been retained to
• 19:13
  Speaker 1: conduct a change of venue study, I have recommended against
• 19:16
  Speaker 1: a change of venue. Three. The influence of attitudes on cognition.
• 19:22
  Speaker 1: There is a substantial body of literature documenting the impact
• 19:25
  Speaker 1: of attitudes on information processing. Attitudes have been shown to
• 19:29
  Speaker 1: have an impact on selective attention, the evaluation of new information,
• 19:34
  Speaker 1: memory recall, and behavior. This research provides insight into how
• 19:38
  Speaker 1: media coverage may lead to jurorbias. Pre trial publicity can
• 19:42
  Speaker 1: have a prejudicial effect on jurors though its impact on
• 19:45
  Speaker 1: the formation of attitudes and beliefs that they bring into
• 19:48
  Speaker 1: the courtroom. Attitudes are not isolated entities, but are often
• 19:52
  Speaker 1: linked to other memories, experiences, attitudes, and beliefs. These links
• 19:56
  Speaker 1: can create large networks of attitudes which are resistant to change.
• 20:01
  Speaker 1: The links between attitudes strengthened with repeated activation. As these
• 20:05
  Speaker 1: links strengthen, the probability increases that the attitudes and underlying
• 20:09
  Speaker 1: beliefs will be consistent with one another and brought to
• 20:12
  Speaker 1: awareness simultaneously. Attitudes that are strongly linked to one another
• 20:17
  Speaker 1: are more easily accessible in memory and more likely to
• 20:19
  Speaker 1: be automatically activated with exposure to the attitude object. Attitudes
• 20:25
  Speaker 1: can be activated automatically without conscience intentional processing. This is
• 20:30
  Speaker 1: more likely to occur when an attitude has been repeatedly
• 20:33
  Speaker 1: activated in the past. When media coverage surrounding a case
• 20:37
  Speaker 1: is broad, extensive, and redundant, strong links between relevant attitudes
• 20:41
  Speaker 1: and beliefs begin to form. If the pre trial publicity
• 20:45
  Speaker 1: creates links between case details, attitudes, and beliefs over the
• 20:48
  Speaker 1: course of a trial, these attitudes are likely to be
• 20:51
  Speaker 1: automatically activated at a subconscious level. As described below. This
• 20:55
  Speaker 1: network of linked attitudes can have an impact on juror's
• 20:58
  Speaker 1: attention to and a valuation of the evidence and arguments
• 21:02
  Speaker 1: presented in court. As the network of linked attitudes grows
• 21:06
  Speaker 1: and strengthens, specific attitudes become resistant to change because change
• 21:10
  Speaker 1: requires revisions to other attitudes. And beliefs within the network.
• 21:14
  Speaker 1: Resistance to revising well established attitudes has been shown to
• 21:18
  Speaker 1: lead to biased information processing. When attitudes are strong, there
• 21:22
  Speaker 1: is a tendency to favor arguments that information in support
• 21:25
  Speaker 1: of those attitudes over arguments that may disprove them. The
• 21:29
  Speaker 1: acceptance of a counter argument can create cognitive dissonance. In
• 21:33
  Speaker 1: an effort to avoid cognitive dissonance, information that supports attitudes
• 21:37
  Speaker 1: may be selectively attended to, and counter arguments may be
• 21:40
  Speaker 1: distorted or dismissed. Attitudes can also have an impact on
• 21:45
  Speaker 1: attention and recall. Research is shown that information that supports
• 21:49
  Speaker 1: a pre existing attitude is easier to learn, more accurately retained,
• 21:53
  Speaker 1: and easier to recall. The links formed between attitude andally
• 21:57
  Speaker 1: supporting information and pre existing attitudes are strong longer than
• 22:00
  Speaker 1: those formed between counter arguments and pre existing attitudes. As
• 22:05
  Speaker 1: a result, the latter is more difficult to retrieve from memory. Further,
• 22:09
  Speaker 1: there is a tendency to produce new beliefs which support
• 22:12
  Speaker 1: pre existing attitudes and suppress those that run counter to
• 22:15
  Speaker 1: such attitudes. In some when a venue is exposed to
• 22:18
  Speaker 1: prejudicial media coverage surrounding a crime, there is a risk
• 22:22
  Speaker 1: that a potential juror will develop a large network of
• 22:24
  Speaker 1: linked attitudes and beliefs relating to the victim, the defendant,
• 22:28
  Speaker 1: and the crime. These linked attitudes include opinions about the
• 22:32
  Speaker 1: guilt of the defendant, appropriate sentence, and evaluations of the
• 22:35
  Speaker 1: evidence presented through the media. When the links between attitudes
• 22:39
  Speaker 1: are strong, they can be activated at a subconscious level
• 22:42
  Speaker 1: and have an impact on jurors evaluation of the evidence
• 22:45
  Speaker 1: and arguments presented at trial. Attitudeinal lea supporting arguments will
• 22:50
  Speaker 1: be more closely attended to, evaluated as persuasive, integrated into
• 22:54
  Speaker 1: the existing network of attitudes and beliefs, and made easily
• 22:58
  Speaker 1: accessible during deliberation. In contrast, counter arguments and evidence conflicting
• 23:04
  Speaker 1: with well established attitudes may create cognitive dissonance. As a result,
• 23:09
  Speaker 1: jurors will either ignore this evidence or make cognitive efforts
• 23:12
  Speaker 1: to refute it. This evidence will not establish strong links
• 23:15
  Speaker 1: to pre existing attitudes and will not be easily accessible
• 23:19
  Speaker 1: during deliberations when a venue has been saturated with pre
• 23:22
  Speaker 1: trial publicity. These psychological process can put the defendant at
• 23:26
  Speaker 1: a significant disadvantage, undermine the presumption of innocence, and diminish
• 23:31
  Speaker 1: the prosecution's burden of proof. The prejudicial impact of pre
• 23:35
  Speaker 1: existing attitudes is accentuated by the fact that the media
• 23:38
  Speaker 1: coverage underlying them is often biased in favor of the prosecution. Furthermore,
• 23:43
  Speaker 1: news content is encoded under very different circumstances from those
• 23:47
  Speaker 1: found in the courtroom, because rules of evidence that are
• 23:50
  Speaker 1: strictly enforced that trial do not apply. As such, the
• 23:54
  Speaker 1: persuasive impact of information presented through the news media becomes
• 23:58
  Speaker 1: more significant and ingrained in the juror's mind then the
• 24:01
  Speaker 1: evidence presented at trial. All right, we're going to wrap
• 24:04
  Speaker 1: up this episode here and in the next episode we're
• 24:06
  Speaker 1: going to pick up with Part four, the prejudicial impact
• 24:09
  Speaker 1: of pre trial publicity. All of the links that go
• 24:11
  Speaker 1: with this episode can be found in the description box.
• 24:14
  Speaker 1: What's up everyone, and welcome back to the program. In
• 24:18
  Speaker 1: this episode, we're going to pick up where we left
• 24:20
  Speaker 1: off with the declaration of Brian Edelman. Part four, prejudicial
• 24:25
  Speaker 1: Impact of pre trial Publicity. There's a body of research
• 24:29
  Speaker 1: within the social sciences that attempts to address the impact
• 24:32
  Speaker 1: of pre trial publicity on decision making in the courtroom.
• 24:36
  Speaker 1: This literature suggests that pre trial publicity influences evaluations of
• 24:41
  Speaker 1: the defendant, perceptions of criminality, sympathy toward the defendant, pre
• 24:45
  Speaker 1: trial judgments regarding guilt, and final verdicts. Daft, Terry, Koper, Penrod, O'Connor,
• 24:51
  Speaker 1: and Wallace twenty fourteen conducted a field study that incorporated
• 24:55
  Speaker 1: real time evidence into the methodology. Participants included jury eligible
• 25:00
  Speaker 1: community members who were naturally exposed to pre trial publicity
• 25:04
  Speaker 1: over a fourteen month period leading up to the trial.
• 25:08
  Speaker 1: Trial summaries were presented online during six sessions over the
• 25:12
  Speaker 1: course of ten weeks. The researchers reported a pre trial
• 25:15
  Speaker 1: publicity effect that persisted throughout the actual trial, despite admonitions
• 25:21
  Speaker 1: to set aside prejudicial Pre trial publicity, participants were biased
• 25:25
  Speaker 1: by the content of the pre trial publicity. Specifically, those
• 25:29
  Speaker 1: exposed to prosecution oriented articles were more punitive in their
• 25:33
  Speaker 1: guilty ratings across all six sessions compared to those exposed
• 25:37
  Speaker 1: to pro defense pre trial publicity. The amount of the
• 25:40
  Speaker 1: pre trial publicity participants were exposed to also had a
• 25:44
  Speaker 1: significant effect. In addition, the biasing effect of pre trial
• 25:48
  Speaker 1: publicity did not disappear over this time. Thus, neither delay
• 25:53
  Speaker 1: nor trial evidence eliminated the pre trial publicity effect on
• 25:56
  Speaker 1: judgments of guilt. Stebley at all At nineteen nine twenty
• 26:00
  Speaker 1: nine conducted a meta analysis encompassing forty four research studies
• 26:04
  Speaker 1: on pre trial publicity. The authors reported a statistically significant
• 26:09
  Speaker 1: relationship between pre trial publicity and verdicts. Media coverage addressing
• 26:14
  Speaker 1: the defendants prior record, the existence of confessions, the heinousness
• 26:18
  Speaker 1: of the crime, and negative character of the defendant have
• 26:21
  Speaker 1: all shown to have an effect on perceptions of guilt
• 26:25
  Speaker 1: and final verdicts. Furthermore, deliberations may not reduce the biasing
• 26:29
  Speaker 1: impact of pre trial publicity. In fact, Kramer, Kerr, and
• 26:33
  Speaker 1: Carrol found that deliberations actually accentuated the effects of pre
• 26:38
  Speaker 1: trial publicity on final verdicts. Dexter, Cutler, and Morn nineteen
• 26:42
  Speaker 1: ninety two also reported a significant relationship between pre trial
• 26:47
  Speaker 1: publicity and views toward guilt. Participants were given pre trial
• 26:51
  Speaker 1: publicity a week before the study began. Negative pre trial
• 26:55
  Speaker 1: publicity increased conviction rates, even for subjects who underwent extentsive
• 27:00
  Speaker 1: ordeer Addressing pre trial publicity, as demonstrated by RuvA and
• 27:05
  Speaker 1: McAvoy two thousand and seven, exposure to pre trial publicity
• 27:09
  Speaker 1: can influence verdicts by affecting perceptions of defendant's credibility ratings
• 27:14
  Speaker 1: for the prosecution and defense attorneys, and source attribution errors
• 27:19
  Speaker 1: i e. Misattributing information learned from the media as evidence
• 27:23
  Speaker 1: presented as trial evidence. Consistent with the experimental literature on
• 27:27
  Speaker 1: attitudes described above, Hope, Momon and McGeorge two thousand and
• 27:32
  Speaker 1: four found that jurors exposed to negative pre trial publicity
• 27:36
  Speaker 1: evaluate prosecution evidence more favorably than its actual probitive value,
• 27:41
  Speaker 1: a phenomenon coin to predecision distortion. Thus, attitudes developed from
• 27:46
  Speaker 1: exposure to pre trial publicity serve as a filter through
• 27:49
  Speaker 1: which later trial evidence is evaluated. Part five Media analysis.
• 27:55
  Speaker 1: An effort was made to collect articles published in newspapers
• 27:59
  Speaker 1: with circulation in Leyta County to assess the extent of
• 28:02
  Speaker 1: coverage surrounding this case. The search of the Moscow Pullman,
• 28:06
  Speaker 1: Delhi News, the Idaho Argonaut, and the Lewiston Morning Tribune
• 28:10
  Speaker 1: uncovered four hundred and forty four articles which reference these
• 28:14
  Speaker 1: events between November thirteenth, twenty twenty two and June twenty third,
• 28:18
  Speaker 1: twenty twenty four. This is a conservative estimate and does
• 28:21
  Speaker 1: not include other newspapers with readership in Leaytai County. The
• 28:25
  Speaker 1: nature of the pre trial publicity is an important factor
• 28:28
  Speaker 1: to consider when weighing the need for a change of venue.
• 28:31
  Speaker 1: The initial pre trial publicity chronicled the elevated state of
• 28:35
  Speaker 1: panic and the fear in the community as residents in
• 28:38
  Speaker 1: university students anxiously waited for law enforcement to announce and
• 28:42
  Speaker 1: arrest during the search for a suspect. With the public
• 28:45
  Speaker 1: demanding answers, The media drew on information from the five
• 28:48
  Speaker 1: press conferences held by the Moscow Police Department, eight interviews
• 28:53
  Speaker 1: with Chief fry and Captain Lanier, and almost daily press releases.
• 28:57
  Speaker 1: This culminated with the widely televised press comft intel by
• 29:00
  Speaker 1: Chief Frye and County Prosecutor Bill Thompson after the December
• 29:04
  Speaker 1: thirtieth The rest examples of this type of reporting include
• 29:08
  Speaker 1: He asked the public to remain vigilant as the killer
• 29:10
  Speaker 1: was still on the loose. We cannot say that there
• 29:13
  Speaker 1: is no threat to the community. As we have stated,
• 29:16
  Speaker 1: Please stay vigilant, report any suspicious activity, and be aware
• 29:19
  Speaker 1: of your surroundings at all times. Frye also address frustrations
• 29:23
  Speaker 1: from the public over the slow pace of information coming
• 29:26
  Speaker 1: from his departments. In Sunday, Frye said police are looking
• 29:30
  Speaker 1: at all evidence, including social media and anyone who might
• 29:33
  Speaker 1: have a connection to the case. Frye offered assurances that
• 29:37
  Speaker 1: the police are doing everything they can to let the
• 29:39
  Speaker 1: people in our community know that we care. We want
• 29:43
  Speaker 1: them to feel safe, he said. We want them to
• 29:45
  Speaker 1: be safe, and we're going to do everything we can
• 29:47
  Speaker 1: to do that. U of I Dean of Students Blaine
• 29:50
  Speaker 1: Eccles said the university has increased campus safety patrols and
• 29:54
  Speaker 1: students can arrange a security escort across campus. On Friday,
• 29:58
  Speaker 1: u of I spokeswoman Jody Walker told The Daily News
• 30:01
  Speaker 1: and estimated twenty five to forty percent of students have
• 30:03
  Speaker 1: not returned to campus, with the perpetrator of the most
• 30:07
  Speaker 1: brutal murder of four University of Idaho's students still at large.
• 30:11
  Speaker 1: A sister of one of the victims posted on Instagram
• 30:13
  Speaker 1: on Wednesday about the severity of the case and warned
• 30:16
  Speaker 1: u of I students about the unsettled situation. To the
• 30:20
  Speaker 1: students at the University of Idaho that are still staying
• 30:23
  Speaker 1: around campus, leave, Aubrey Gonsalves, said, sister of Kaylei Gonsovis.
• 30:27
  Speaker 1: Your grades are severely less important than your lives. With
• 30:31
  Speaker 1: a number of students who had left campus early, UI
• 30:34
  Speaker 1: has postponed a candlelight vigil that had been planned for
• 30:37
  Speaker 1: Wednesday night to November thirtieth, even though the individual moved
• 30:41
  Speaker 1: within an urban setting early enough Sunday morning for some
• 30:44
  Speaker 1: college students to still be up. The perpetrator acted with stealth,
• 30:48
  Speaker 1: so police did not learn of the case for at
• 30:50
  Speaker 1: least eight hours, and by then the crime scene may
• 30:53
  Speaker 1: have gone cold. They have no suspect in custody, they
• 30:56
  Speaker 1: have no murder weapon. With what appears to be a
• 30:58
  Speaker 1: changing story from the people, question whether they are willing
• 31:02
  Speaker 1: to trust their lives with what they're being told. A
• 31:05
  Speaker 1: killer who committed a mass murder in such a fashion
• 31:08
  Speaker 1: and then escape detection heaped rarity upon rarity, possibly starstruck.
• 31:13
  Speaker 1: When The New York Times called Moscow Mayor Art Betge
• 31:16
  Speaker 1: called the homicide a crime of passion. Once the Idaho
• 31:19
  Speaker 1: Statesmen of Boise got in touch, Betge started backpedaling. It
• 31:23
  Speaker 1: could be any number of things. The police don't know yet.
• 31:26
  Speaker 1: I haven't been told. Speaking to the statesman, Moscow police
• 31:29
  Speaker 1: captain Anthony Dollinger almost sounded reluctant to characterize the episode
• 31:34
  Speaker 1: as violent. All I can say is the deaths a
• 31:36
  Speaker 1: rule to homicide at this point, and homicide and murder
• 31:39
  Speaker 1: are synonymous. We certainly have a crime here, so we're
• 31:42
  Speaker 1: looking for a suspect, all of which created the impression
• 31:46
  Speaker 1: of a murder investigation mired and chaos. Students still have
• 31:49
  Speaker 1: the option to attend class virtually, President Scott greens and
• 31:53
  Speaker 1: in a University of Idaho communication detectives are continuing to
• 31:57
  Speaker 1: process more than two thousand, six hundred and forty five
• 32:00
  Speaker 1: email tips, two thousand, seven hundred and seventy phone tips,
• 32:03
  Speaker 1: and one thousand eighty four digital media submissions from the public.
• 32:08
  Speaker 1: They also said they believe this is an isolated, targeted
• 32:11
  Speaker 1: attack and there is no eminent threat to the community
• 32:14
  Speaker 1: at large. Nearly four weeks after four University of Idaho
• 32:18
  Speaker 1: students were murdered near campus, there are no suspects and
• 32:21
  Speaker 1: many questions are still unanswered as police try to piece
• 32:24
  Speaker 1: together what happened. They have released a limited amount of
• 32:27
  Speaker 1: information During the seven week search for the killer. Law
• 32:31
  Speaker 1: enforcement was hesitant to release information to the public that
• 32:34
  Speaker 1: could undermine the investigation. This left an information vacuum which
• 32:39
  Speaker 1: allowed misinformation and rumors to flourish. Videos of reported suspects
• 32:44
  Speaker 1: appeared on social media, and a so called psychic internet
• 32:47
  Speaker 1: sleuth made false accusations against a university professor. Groups were
• 32:52
  Speaker 1: created to discuss the murders and share information across social platforms.
• 32:56
  Speaker 1: Many of these groups quickly grew to thousands of members
• 32:59
  Speaker 1: who shared rooms, rumors, and theories of what happened. Social
• 33:02
  Speaker 1: influencers and crime sleuths created podcasts and episodes covering the
• 33:06
  Speaker 1: murders and updates. The victims' families also made public statements
• 33:10
  Speaker 1: venting their frustration with law enforcement and the criminal justice
• 33:14
  Speaker 1: process through traditional channels and social media. Examples of this
• 33:18
  Speaker 1: type of publicity are as follows. We went from no
• 33:22
  Speaker 1: danger to the community, to a targeted attack, to one
• 33:25
  Speaker 1: or more of the victims, to being told to be
• 33:27
  Speaker 1: vigilant with the lack of any additional details. That seems
• 33:31
  Speaker 1: like a change. They try to alleviate the fears of
• 33:34
  Speaker 1: the community while not harming the integrity of the investigation. Unfortunately,
• 33:38
  Speaker 1: that's what led to a trust issue. Rumors circulated about
• 33:41
  Speaker 1: who did it, even going so far as deposit that
• 33:44
  Speaker 1: one of the victims did it. Others blame drugs. Additionally,
• 33:47
  Speaker 1: online reports of the victims being tied and gagged are
• 33:50
  Speaker 1: not accurate. The police stated rumors have circulated that the
• 33:54
  Speaker 1: victims were bound and gagged before being killed. Addressing misinformation,
• 33:59
  Speaker 1: laniers said they do not believe the following individuals or suspects,
• 34:03
  Speaker 1: A driver who took Madison Mogan and Kayley Gonsolvas home
• 34:06
  Speaker 1: on November thirteenth, a man in a white hoodie seen
• 34:09
  Speaker 1: at grub truck and the surviving two roommates. A man
• 34:13
  Speaker 1: who was called multiple times by Madison and Kayley that
• 34:16
  Speaker 1: night has also been cleared, according to Chief of Police
• 34:20
  Speaker 1: James Frye. The MPD cand not release who made the
• 34:23
  Speaker 1: nine to one one call at eleven fifty eight a
• 34:25
  Speaker 1: m but confirmed it was made with one of the
• 34:27
  Speaker 1: surviving roommate's phones from inside the residence. The call is
• 34:31
  Speaker 1: not believed to have been made by the killer. The
• 34:33
  Speaker 1: department also addressed a rumor that the homicides are somehow
• 34:37
  Speaker 1: connected to an incident that occurred last month in which
• 34:40
  Speaker 1: a couple of dogs were found skinned in Moscow. The
• 34:43
  Speaker 1: Moscow Police Department addressed a Monday night incident allegedly involving
• 34:47
  Speaker 1: a suspicious mail on Blain Street that some speculated is
• 34:50
  Speaker 1: connected to the quadruple homicide case. Detectives are still investigating.
• 34:55
  Speaker 1: A female told the dispatcher she saw a mail in
• 34:58
  Speaker 1: the front passenger seat of her vehicle when she opened
• 35:00
  Speaker 1: the car door. The female, who was with her sister,
• 35:03
  Speaker 1: slammed the door and ran, screaming from the car before
• 35:06
  Speaker 1: calling nine to one one. A passer by allegedly told
• 35:09
  Speaker 1: the sisters of seeing a male chasing them, but left
• 35:12
  Speaker 1: before speaking with officers. Online reports created immediate speculation that
• 35:16
  Speaker 1: implied there was a link to this incident. With the
• 35:19
  Speaker 1: ongoing homicide investigation, investigators have looked into claims about Gonsalves
• 35:24
  Speaker 1: may have had a stalker, but have not been able
• 35:26
  Speaker 1: to find evidence corroborating those statements, but a mix of
• 35:30
  Speaker 1: news reports that cited anonymous sources and speculation on social
• 35:34
  Speaker 1: media have persisted, alleging the FBI was telling coburger and
• 35:39
  Speaker 1: asked that he'd be pulled over. A federal judge heard
• 35:42
  Speaker 1: arguments Friday morning in the case involving a TikTok personality
• 35:46
  Speaker 1: who accused a University of Idaho professor of ordering the
• 35:49
  Speaker 1: November thirteenth, Moscow murders that left four u OFI students dead.
• 35:54
  Speaker 1: Ashley Gillard, the TikTok personality, continued to make accusations against
• 35:59
  Speaker 1: Professor Rebeca Scholfield during Friday's hearing in front of US
• 36:02
  Speaker 1: Magistrate Judge Raymond Patricio. Gollard has accused Scofield of orchestrating
• 36:08
  Speaker 1: the murders of Xana kernodle Ethan Chapin, Kaylee Gonsalves, and
• 36:11
  Speaker 1: Madison Mogan to cover up having a romantic relationship with
• 36:15
  Speaker 1: one of the victims. We feel that the University of
• 36:18
  Speaker 1: Idaho and the court put us in a horrible position
• 36:21
  Speaker 1: to have to have voice our opinions. The Facebook post said,
• 36:24
  Speaker 1: we all along have just wanted the King Rode Home
• 36:27
  Speaker 1: to not be demolished and for us to have a
• 36:29
  Speaker 1: trial date so that we can look forward to justice
• 36:31
  Speaker 1: being served. She also said it has attracted YouTubers and
• 36:35
  Speaker 1: others who try to access the property or look for souvenirs.
• 36:39
  Speaker 1: As the investigation continues to go unresolved, the father of
• 36:43
  Speaker 1: one of the victims spoke to national media about his
• 36:45
  Speaker 1: frustration with the investigation. Steve Gonsalves told Fox News that
• 36:50
  Speaker 1: the public should be looking out for a sadistic mail
• 36:53
  Speaker 1: because the information he received from Leyta County Coroner Kathy
• 36:56
  Speaker 1: Mebbitt indicates the killer is a strong individual. Outraged by
• 37:00
  Speaker 1: them not just coming out and saying this was a
• 37:03
  Speaker 1: woman or a man, because they should know by the
• 37:05
  Speaker 1: amount of strength it took to deliver the injuries, he
• 37:08
  Speaker 1: told Fox News, They're just being cowards. Gonsalva said he
• 37:12
  Speaker 1: does not know whether his daughter or Mogan were the targets.
• 37:15
  Speaker 1: They both died in the same bed. I have my
• 37:17
  Speaker 1: own suspicions, he said. In a video statement to the
• 37:20
  Speaker 1: Moscow Police Department YouTube channel, Captain Roger lay Near said
• 37:24
  Speaker 1: the policer seeing the tips are geared more towards rumors
• 37:27
  Speaker 1: instead of the facts that have been released by law enforcement.
• 37:31
  Speaker 1: He said that the rumors and speculation have had a
• 37:33
  Speaker 1: negative effect on the victims' families and the friends of
• 37:36
  Speaker 1: the victims, some of whom have received death threats and harassment.
• 37:40
  Speaker 1: All Right, we're going to wrap up this episode right here,
• 37:43
  Speaker 1: and in the next episode, we're going to pick up
• 37:45
  Speaker 1: where we left off, and that's with During a December
• 37:48
  Speaker 1: thirtieth twenty twenty two press conference. All of the information
• 37:52
  Speaker 1: that goes with this episode can be found in the
• 37:54
  Speaker 1: description box