Latest / The Epstein Chronicles / Bryan Kohberger Says He Was Pressured Into a Plea He Did Not Fully Understand (9/23/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. So
- 0:04Speaker 1: Brian Kohlberger and his new lawyer, they say that he
- 0:08Speaker 1: had no idea what was going on when he took
- 0:11Speaker 1: the plea and that he didn't understand the situation that
- 0:14Speaker 1: he was facing. And I reject that directly on its face.
- 0:20Speaker 1: You mean to tell me that a dude that was
- 0:21Speaker 1: going for his PhD to become a criminal profiler had
- 0:25Speaker 1: no idea what he was doing? Had no clue? the
- 0:28Speaker 1: kind of plea he was accepting, or what he was
- 0:31Speaker 1: getting himself into. I'm sorry, but that just doesn't cut
- 0:35Speaker 1: the mustard, if you will. And I don't believe that
- 0:39Speaker 1: at all. What I think happened is that Brian Kohlberger
- 0:42Speaker 1: is now suffering from buyer's remorse. And now that he's
- 0:45Speaker 1: had some time to think about it, as he's been
- 0:47Speaker 1: rotting away in that jail cell, he wants another crack
- 0:51Speaker 1: at the case. That's what it comes down to. And
- 0:54Speaker 1: as far as I'm concerned... If he was able to
- 0:56Speaker 1: process everything in school and get to a point where
- 1:00Speaker 1: he was a TA and about to get his PhD,
- 1:03Speaker 1: you really mean to tell me that he had no
- 1:05Speaker 1: idea what the plea deal meant? Sorry, I'm not buying it.
- 1:10Speaker 1: But let's see what him and his lawyer have to say.
- 1:12Speaker 1: And to do that, we have an article from the
- 1:14Speaker 1: New York Post. Headline, Brian Kohlberger didn't understand what he
- 1:18Speaker 1: was doing when he pleaded guilty. This article was authored
- 1:22Speaker 1: by Michael Ruiz. Brian Koberger's former attorneys told an Idaho
- 1:27Speaker 1: judge before his plea deal that their client struggled to
- 1:30Speaker 1: rationally understand what was unfolding in court and to make
- 1:34Speaker 1: consequential decisions concerning his case, including whether to testify in
- 1:38Speaker 1: his own defense or to accept a plea deal according
- 1:41Speaker 1: to newly unsealed court filings. So that's it? That's their evidence?
- 1:46Speaker 1: Remember when I told you that I'm willing to look
- 1:48Speaker 1: at evidence if they have some? This is not evidence.
- 1:51Speaker 1: This is a loophole and a technicality. And that shit
- 1:55Speaker 1: might work up in Massachusetts, you know, with the Karen
- 1:59Speaker 1: Reid people and with Lindsey Clancy. But that shit is
- 2:03Speaker 1: not going to work in Idaho. And I'm telling you
- 2:06Speaker 1: right now, if people try their nonsense in Idaho, I
- 2:09Speaker 1: think it'll have the opposite effect as to what they're
- 2:12Speaker 1: looking to do. And that obviously is to tank the
- 2:14Speaker 1: jury pool. And that's going to be the defense here.
- 2:18Speaker 1: That's what they're going to try and do. Mark my words.
- 2:20Speaker 1: We're already starting to see it. Oh, let's leak some
- 2:22Speaker 1: autopsy photos. Is that the other thing? The memo is
- 2:27Speaker 1: pretty clear that there's some serious issue there that shows
- 2:29Speaker 1: different reasons why that plea might not have been accepted.
- 2:33Speaker 1: Kohlberger's new attorney, Greg Rauch, told Fox News Digital those
- 2:36Speaker 1: issues have to be flushed out and explored. All right, folks.
- 2:39Speaker 1: So obviously they don't have new evidence. What they're doing
- 2:43Speaker 1: is going after the process. And what do I always
- 2:45Speaker 1: tell you about loopholes and technicalities? If that's what you're
- 2:49Speaker 1: relying on and that's all you have, I'm sorry, but
- 2:52Speaker 1: not really too convincing, especially considering the evidence that we've
- 2:57Speaker 1: seen against you. Although the memo's Tuesday release appeared to
- 3:00Speaker 1: have surprised him, he said he initially filed it under seal,
- 3:04Speaker 1: out of an abundance of caution, and to avoid running
- 3:06Speaker 1: afoul of previous orders in the case. Kohlberger, a 31-year-old
- 3:11Speaker 1: former criminology PhD student, is serving four consecutive sentences of
- 3:16Speaker 1: life in prison without the possibility of parole, plus another
- 3:19Speaker 1: 10 years. A PhD student who was, from all accounts,
- 3:24Speaker 1: pretty intelligent guy, had no problem keeping his grades up,
- 3:27Speaker 1: had no problem taking tests, had no problem writing essays.
- 3:31Speaker 1: But now he has a problem because he didn't understand
- 3:34Speaker 1: the plea. We're not talking about some indigent person here,
- 3:37Speaker 1: somebody that's not educated, somebody that doesn't know the criminal
- 3:41Speaker 1: justice system. We're talking about the opposite. And the fact
- 3:44Speaker 1: that anybody's going to fall for this shit is hilarious.
- 3:48Speaker 1: Rausch was assigned... to his case over the summer and
- 3:51Speaker 1: did not represent him as it initially played out. In
- 3:55Speaker 1: the May 2025 ex parte supplement, counsel advised the court
- 3:59Speaker 1: that Kohlberger was having difficulty comprehending adverse rulings and discerning
- 4:03Speaker 1: their effect upon the case as a whole. The newly
- 4:05Speaker 1: published memo reads, Oh, poor guy. Didn't understand what was
- 4:09Speaker 1: coming his way. And don't you know that Brian Kohlberger's
- 4:11Speaker 1: the real victim here? Save that shit. Counselor represented that
- 4:16Speaker 1: the accumulation of significant rulings concerning the death penalty, suppression issues,
- 4:21Speaker 1: and motions in limine, Koberger was having difficulty meaningfully incorporating
- 4:25Speaker 1: those developments into a rational assessment of the case and
- 4:29Speaker 1: its potential outcomes. Oh please, he knew what the outcomes were.
- 4:32Speaker 1: Either life in prison or the death penalty. That's it.
- 4:38Speaker 1: Those were the two roads, and he made his choice.
- 4:40Speaker 1: And now, as far as I'm concerned, his bitch ass
- 4:43Speaker 1: has to live with it. In the memo, which was
- 4:47Speaker 1: filed under seal in support of a prior motion to
- 4:50Speaker 1: disqualify the judge, Rauch described his goal as to not
- 4:53Speaker 1: show Kohlberger was incompetent, but to bolster his argument that
- 4:57Speaker 1: the judge may be biased. Dead on arrival. That's the argument?
- 5:02Speaker 1: That's what you're going to try and use? Good luck. Now,
- 5:05Speaker 1: if you want to see a case where there might
- 5:07Speaker 1: have been some screw-ups and there might be some government malfeasance,
- 5:11Speaker 1: I would suggest you go take a trip down to
- 5:13Speaker 1: Delphi and look at what's going on with Richard Allen.
- 5:16Speaker 1: That's a case that needs to be looked at, not
- 5:18Speaker 1: this one. And I'm sorry if that hurts people's feelings,
- 5:21Speaker 1: but I've been following this shit from day one. We've
- 5:24Speaker 1: been through like every single court document that was ever released,
- 5:27Speaker 1: every bit of evidence, every rabbit hole. And when you
- 5:31Speaker 1: look at all the evidence that's been provided, all roads
- 5:34Speaker 1: lead to one person. And that person is Brian Koberger.
- 5:38Speaker 1: So unless he has some evidence, real evidence, I don't
- 5:40Speaker 1: want to hear about the process. Before June 26, 2025,
- 5:47Speaker 1: the court knew that counsel was asking for additional time
- 5:50Speaker 1: not only to review evidence and continue investigation, but also
- 5:54Speaker 1: to investigate Kohlberger's ability to rationally understand and make consequential
- 5:58Speaker 1: decisions and to obtain expert assistance in communicating with him
- 6:02Speaker 1: about whether to resolve the case short of trial. Rausch
- 6:06Speaker 1: wrote to the court in a document that remained sealed
- 6:09Speaker 1: for nearly a month. And unlike that weird-ass place of Massachusetts...
- 6:14Speaker 1: You can't use insanity as a defense in Idaho. That
- 6:19Speaker 1: just doesn't work in Idaho, according to local rules. Just
- 6:22Speaker 1: ask Lori Vallow's crazy ass. So for all the wine
- 6:25Speaker 1: moms and cat ants out there, just make sure you
- 6:28Speaker 1: understand what the local rules are before you bring your
- 6:30Speaker 1: nonsense into this case. Koberger's original defense team sought more
- 6:35Speaker 1: time for an inquiry into his ability to understand the proceedings,
- 6:39Speaker 1: but expressly denied that he was incompetent. How could he
- 6:43Speaker 1: be incompetent, okay? Again, the record doesn't show that. The
- 6:48Speaker 1: record shows that he was a pretty high-performing student, somebody
- 6:52Speaker 1: that was well thought of by his teachers, and somebody
- 6:55Speaker 1: that was on his way to a PhD. So how
- 6:57Speaker 1: do you square that circle? The answer is, you don't.
- 7:02Speaker 1: Because it's not logical. Judge Stephen Hippler on Tuesday ordered
- 7:07Speaker 1: the August 27th memo to be unsealed after rejecting Kohlberger's
- 7:11Speaker 1: reasoning for keeping the document withheld from the public. Good
- 7:14Speaker 1: for Judge Hipler. The court disagrees that the information contained
- 7:18Speaker 1: in the supplemental memorandum is intimate, protected, or will result
- 7:22Speaker 1: in harm if disclosed, Hipler wrote. It simply describes, in
- 7:26Speaker 1: very general terms, trial counsel's concern about petitioners' difficulty in
- 7:30Speaker 1: comprehending adverse rulings and understanding their effect on the outcome
- 7:34Speaker 1: of the case. Well, here's an idea. Don't murder four
- 7:37Speaker 1: people in their home. Then you don't have to worry
- 7:39Speaker 1: about any of it. Or maybe go to Massachusetts and
- 7:42Speaker 1: do it. probably have a better chance to get away
- 7:44Speaker 1: with it there. Koberger's former defense team, led by Ann Taylor,
- 7:49Speaker 1: had sought more time for discovery as his trial approached
- 7:52Speaker 1: last year. How much more time do we need? I mean,
- 7:55Speaker 1: come on. We're talking about going on three years from
- 7:59Speaker 1: the time of the murder to the time of the proceeding.
- 8:01Speaker 1: How much more time do you need to figure it
- 8:03Speaker 1: all out? The court thereafter denied the requested additional time,
- 8:06Speaker 1: Rauch wrote. The sealed June 26 order rejected the need
- 8:11Speaker 1: for further investigation and and concluded overall that Kohlberger had
- 8:14Speaker 1: not demonstrated good cause for a continuance or prejudice from
- 8:18Speaker 1: proceeding to trial as scheduled. Well, that's because there was
- 8:21Speaker 1: no good cause, okay? This man should have been on
- 8:24Speaker 1: trial before all of that. But I was willing to
- 8:28Speaker 1: give him as much time as the court was willing
- 8:30Speaker 1: to provide, right? But finally the road ran out, and
- 8:34Speaker 1: at some point, it's time to face the music. In
- 8:40Speaker 1: under a week, Koberger pleaded guilty to all charges in
- 8:43Speaker 1: the murders of University of Idaho student Kaylee Gonsalves, Madison Mogan,
- 8:48Speaker 1: Zanna Kernodle, and Ethan Chapin. He's now trying to undo
- 8:51Speaker 1: the plea with a petition for post-conviction relief. That sequence
- 8:56Speaker 1: does not establish that the pleas were constitutionally invalid, Rauch wrote,
- 9:00Speaker 1: but it does identify a factual issue that the PCR
- 9:04Speaker 1: court may now have to resolve whether trial counsel had
- 9:07Speaker 1: sufficient time and assistance to ensure that Koberger rationally understood
- 9:11Speaker 1: the circumstances confronting him, and could meaningfully participate in the
- 9:15Speaker 1: decision to resolve the case short of trial. The very
- 9:18Speaker 1: decision counsel had specifically identified to Judge Hippler as requiring
- 9:23Speaker 1: continued expert assistance before the continuance was denied. Oh, poor
- 9:27Speaker 1: baby didn't get his way. Brian Kohlberger didn't get the
- 9:30Speaker 1: motion he wanted. So obviously the judge is biased, right?
- 9:33Speaker 1: That's what that means. Are these people for real? Do
- 9:37Speaker 1: they think everybody just showed up recently from a coma?
- 9:40Speaker 1: and started following along? Because look, like I told you,
- 9:43Speaker 1: I'm willing to look at new evidence, actual substantive evidence,
- 9:47Speaker 1: not some bullshit ass narrative that's being built by a
- 9:49Speaker 1: lawyer who's trying to get his client a new trial.
- 9:54Speaker 1: Because none of it hits. None of this is enough,
- 9:57Speaker 1: in my opinion, for Brian Kohlberger to get a new trial.
- 10:01Speaker 1: I mean, do you remember the controversy with Scotty David,
- 10:05Speaker 1: juror number 50 during the Glenn Maxwell trial? I mean,
- 10:07Speaker 1: he had to come before Judge Nathan. He had to be,
- 10:10Speaker 1: you know, questioned the whole thing. And how did that
- 10:13Speaker 1: end up for Glenn Maxwell? So why does anybody think
- 10:16Speaker 1: that Brian Kohlberger is is going to get the benefit
- 10:19Speaker 1: of the doubt here, especially in a place like Idaho.
- 10:22Speaker 1: So we'll have to see what comes down the pipe here,
- 10:25Speaker 1: and we'll have to see what rulings were made in
- 10:27Speaker 1: the coming days and weeks. But as of right now,
- 10:30Speaker 1: if this is all they have, and the only evidence
- 10:33Speaker 1: that they're going to provide is that it was technically unconstitutional,
- 10:38Speaker 1: I don't think they're going to get to a place
- 10:40Speaker 1: where they want to get to. But as always, we'll
- 10:43Speaker 1: keep an eye on it, and when we have some
- 10:45Speaker 1: more information to share, we'll get it added All the
- 10:49Speaker 1: information that goes with this episode can be found in
- 10:52Speaker 1: the description box.