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Mega Edition: Starry Skies And Alibis Featuring Bryan Kohberger (8/29/26) · Beyond The Horizon

• 0:03
  Speaker 1: What's up everyone and welcome back to the program. When
• 0:06
  Speaker 1: we're talking about Brian Koberger and his defense strategy, I
• 0:10
  Speaker 1: have told you many times that I believe that it's
• 0:13
  Speaker 1: all based on loopholes and technicalities. And look, it's not
• 0:16
  Speaker 1: because I'm just pulling that out of thin air. It's
• 0:19
  Speaker 1: not because I have some skin in the game one
• 0:21
  Speaker 1: way or the other. It's because Brian Koberger's strategy, in
• 0:25
  Speaker 1: my opinion, is a losing one. And that's not because
• 0:28
  Speaker 1: his team is deficient or they don't know what they're doing.
• 0:32
  Speaker 1: I think that Ann Taylor is a tremendous lawyer, in fact.
• 0:36
  Speaker 1: But the problem is, they don't have much to work with.
• 0:39
  Speaker 1: And it's something that I've been saying ever since they
• 0:41
  Speaker 1: gave us this ridiculous alibi that he was out doing
• 0:45
  Speaker 1: some stargazing and looking at the sky. First of all,
• 0:49
  Speaker 1: I never believed that nonsense, and it would seem that
• 0:52
  Speaker 1: the weather report from the night in question, early morning
• 0:55
  Speaker 1: in question, would back that up. According to the weather report,
• 0:59
  Speaker 1: there were low clouds, And it was a cloudy night
• 1:02
  Speaker 1: in general, and the visibility was not great. And considering
• 1:06
  Speaker 1: Brian Koberger doesn't have anybody to corroborate his alibi, I
• 1:10
  Speaker 1: would say that this is DOA. This is just another
• 1:14
  Speaker 1: shot in the dark by his team to try and
• 1:16
  Speaker 1: throw a little bit of distance between Brian Koberger and
• 1:19
  Speaker 1: this crime. But the problem is the evidence points overwhelmingly
• 1:23
  Speaker 1: in a different direction. So today we have an article
• 1:26
  Speaker 1: from FoxNews.com and the headline. Brian Koberger Trial Idaho Weather
• 1:31
  Speaker 1: from Night of Student Murders, Clouds, Moon and Stars Alibi.
• 1:37
  Speaker 1: This article was authored by Michael Ruiz. It was a
• 1:40
  Speaker 1: dark and cloudy night. Brian Koberger, 30, was a PhD
• 1:44
  Speaker 1: student at Washington State University in Pullman, Washington, November 13, 2022,
• 1:50
  Speaker 1: when prosecutors allege he took a short drive to the
• 1:53
  Speaker 1: neighboring University of Idaho in Moscow and killed four students
• 1:57
  Speaker 1: in a 4 a.m. home invasion stabbing. His defense says
• 2:00
  Speaker 1: he was out for a drive and didn't go to
• 2:03
  Speaker 1: the student's apartment. National Weather Service records Idaho prosecutors plan
• 2:07
  Speaker 1: to introduce during his upcoming trial show fog, reduced visibility,
• 2:12
  Speaker 1: and low clouds at the time, according to Andrew Woolfick,
• 2:15
  Speaker 1: a Fox weather meteorologist and digital producer. So let me
• 2:19
  Speaker 1: break that down on layman terms for the people out
• 2:21
  Speaker 1: there that still think that Brian Kohlberger is innocent. He
• 2:25
  Speaker 1: has no alibi. Because guess what? If you think the
• 2:28
  Speaker 1: jury is going to buy this nonsense, that he was
• 2:30
  Speaker 1: out having a drive on a night with no visibility
• 2:33
  Speaker 1: in the middle of Idaho's November winter, and he was
• 2:37
  Speaker 1: out here stargazing, you're crazy. The jury is not going
• 2:41
  Speaker 1: to buy that. The jury isn't from New York. They're
• 2:44
  Speaker 1: not from some different state. They all know what the
• 2:46
  Speaker 1: weather's like here in Idaho. They all know what the
• 2:48
  Speaker 1: conditions are like at this time of year. And they
• 2:51
  Speaker 1: all know that the visibility at times makes it virtually
• 2:54
  Speaker 1: impossible to see anything in the sky. So as of now,
• 2:57
  Speaker 1: all we've heard from Brian Kohlberger is, I wasn't there
• 3:01
  Speaker 1: and it wasn't me. And unfortunately for him, he's going
• 3:04
  Speaker 1: to need to do better than that if he wants
• 3:06
  Speaker 1: to beat these charges. It was not immediately clear why
• 3:09
  Speaker 1: prosecutors wanted to introduce weather records in court filings, but
• 3:13
  Speaker 1: it could be to dispute Koberger's purported alibi that he
• 3:16
  Speaker 1: was out driving in the early morning hours of November 13th, 2022,
• 3:21
  Speaker 1: as he often did to hike and run and or
• 3:24
  Speaker 1: see the moon and stars. Look, I would have been
• 3:26
  Speaker 1: much more willing to buy what he's selling if he
• 3:28
  Speaker 1: would have said he was out here going on a hike.
• 3:31
  Speaker 1: I've taken plenty of midnight hikes, so I would totally
• 3:34
  Speaker 1: buy that. Throw on a headlamp, hit the trail, listen
• 3:37
  Speaker 1: to a book, whatever you're going to do, and have
• 3:39
  Speaker 1: a time. But as somebody who spends a lot of
• 3:41
  Speaker 1: time outdoors and a lot of time taking pictures of
• 3:45
  Speaker 1: the sky, you're not going to go out there if
• 3:47
  Speaker 1: the sky is visibly clouded or if there's no visibility.
• 3:51
  Speaker 1: What's the point? Now, if you're going on a hike,
• 3:54
  Speaker 1: completely different, right? But that's not what he said. He
• 3:57
  Speaker 1: said he was out there looking at the sky and
• 3:59
  Speaker 1: checking out the stars and the moon. Prosecutors who separately
• 4:04
  Speaker 1: asked the court to throw that alibi out have asked
• 4:06
  Speaker 1: to introduce NWS records from November 12th and 13th, 2022,
• 4:11
  Speaker 1: which show clouds, fog and below average temperatures for the area.
• 4:16
  Speaker 1: So good luck. Good luck getting the jury to believe
• 4:19
  Speaker 1: any of this. Woolfick said the fog didn't appear dense
• 4:23
  Speaker 1: enough to affect travel at the time, but would have
• 4:25
  Speaker 1: made an unpleasant looking evening. So like I said before,
• 4:29
  Speaker 1: good luck convincing the jury that you were out there
• 4:31
  Speaker 1: to look at the sky, look at the moon, the stars, whatever.
• 4:34
  Speaker 1: And remember, this is your alibi. This is the alibi
• 4:37
  Speaker 1: that you file with the court. And I think that
• 4:40
  Speaker 1: it's an alibi that's easily challenged. In addition to the fog,
• 4:44
  Speaker 1: the cloud deck appeared to be fairly low, which again
• 4:47
  Speaker 1: likely contributed to it not being the greatest night for
• 4:50
  Speaker 1: types of activities such as stargazing if you weren't able
• 4:53
  Speaker 1: to find a break in the clouds, he added. Now,
• 4:56
  Speaker 1: they can try and argue that he found some break
• 4:58
  Speaker 1: in the clouds, but unless you can corroborate that, I
• 5:01
  Speaker 1: don't know how it's going to stick. That would just
• 5:04
  Speaker 1: be Brian Koberger's word against the state's word, right? And
• 5:08
  Speaker 1: against the weather report. And my friends, I'm here to
• 5:10
  Speaker 1: tell you that Brian Koberger is going to lose that
• 5:12
  Speaker 1: battle every single time. He pulled the records himself and
• 5:17
  Speaker 1: said he found notable points. Temperatures on both dates were
• 5:21
  Speaker 1: either below or significantly below seasonal averages, which was likely
• 5:25
  Speaker 1: due to a ridge of high pressure that had settled
• 5:28
  Speaker 1: over the Mountain West, he told Fox News Digital. Data
• 5:31
  Speaker 1: from weather observation sites provide a wealth of information, ranging
• 5:35
  Speaker 1: from temperatures and wind speeds to sky conditions and even
• 5:39
  Speaker 1: the typical times of sunrise and sunset. So all of
• 5:43
  Speaker 1: this information is available to the state. And you have
• 5:46
  Speaker 1: to know that Ann Taylor and her team knew that.
• 5:49
  Speaker 1: And the only reason they ran with this alibi is because, well,
• 5:52
  Speaker 1: they had nothing else to work with. Just like I
• 5:55
  Speaker 1: said from the very beginning. The nearest observation site is
• 5:59
  Speaker 1: at the Pullman Moscow Regional Airport, which is about halfway
• 6:02
  Speaker 1: between Koberger's former apartment at Washington State University and the
• 6:07
  Speaker 1: crime scene just steps off of the University of Idaho
• 6:10
  Speaker 1: campus across the state line. It reported reduced visibility during
• 6:14
  Speaker 1: the night of November 12th and the morning of November
• 6:17
  Speaker 1: 13th due to fog, but the fog did not reach
• 6:19
  Speaker 1: a level that would trigger alerts, Wolfick said. Fog forms
• 6:23
  Speaker 1: when the air temperature and dew point are at nearly
• 6:26
  Speaker 1: identical values, which is common in eastern Washington and western
• 6:30
  Speaker 1: Idaho during November. Fog and clouds were in the forecast
• 6:34
  Speaker 1: ahead of time, which meteorologists now know turned out to
• 6:37
  Speaker 1: be accurate, he said. So all of this was in
• 6:40
  Speaker 1: the forecast. Anyone who knows anything about going out to
• 6:43
  Speaker 1: look at the sky knows that you're watching the weather
• 6:46
  Speaker 1: report like a maniac. I know when I'm going out
• 6:49
  Speaker 1: to shoot the night sky, I'm all over that weather report.
• 6:52
  Speaker 1: I'm not just going to hop in the car and
• 6:54
  Speaker 1: drive out to the desert and, you know, take my shot.
• 6:59
  Speaker 1: So you're definitely checking the weather report one way or
• 7:01
  Speaker 1: the other. And in my opinion, what we see here
• 7:04
  Speaker 1: is Brian Koberger just grasping at straws. He knows he
• 7:07
  Speaker 1: has no alibi, and he knows that if he says this, well,
• 7:10
  Speaker 1: people might, you know, disregard it. But you can't actually
• 7:14
  Speaker 1: prove that he didn't do this, right? You can't functionally say,
• 7:18
  Speaker 1: at this point anyway, well, it wasn't Kohlberger for sure.
• 7:21
  Speaker 1: So he's trying to throw that reasonable doubt in there
• 7:24
  Speaker 1: and provide an alibi for the jury to sink their
• 7:26
  Speaker 1: teeth into. The problem for him and his defense, though,
• 7:29
  Speaker 1: is that the morsel that they're serving up is rancid
• 7:33
  Speaker 1: and is going to leave a bad taste in the
• 7:34
  Speaker 1: juror's mouth. While normal features may have been visible in
• 7:37
  Speaker 1: the sky that night, he added, there was nothing remarkable
• 7:40
  Speaker 1: like an eclipse or supermone that a typical stargazer would
• 7:43
  Speaker 1: be on the hunt for. Kohlberger's team asked the court
• 7:47
  Speaker 1: to keep the weather records out of his upcoming trial,
• 7:49
  Speaker 1: along with his Amazon shopping history and other key evidence.
• 7:53
  Speaker 1: And when you see them go so hard to try
• 7:55
  Speaker 1: and keep things out, you know that those things that
• 7:57
  Speaker 1: they're trying to keep out are consequential and they're going
• 8:00
  Speaker 1: to move the needle, or else they wouldn't be trying
• 8:02
  Speaker 1: to keep them out. And I would think that a
• 8:04
  Speaker 1: weather report that pooh-poohs on your client's alibi would certainly
• 8:08
  Speaker 1: meet the level of things that you're trying to keep out, right?
• 8:11
  Speaker 1: I mean, the last thing you want is this dude
• 8:13
  Speaker 1: out here talking about he's looking at the sky like
• 8:15
  Speaker 1: Magellan navigating his way home. And all of a sudden,
• 8:19
  Speaker 1: the weather report comes out and says, well, hold on
• 8:21
  Speaker 1: a minute. We had a bunch of clouds in the sky.
• 8:24
  Speaker 1: There wasn't all that much visibility. So it sounds like
• 8:27
  Speaker 1: your story is a bunch of bunk. And in my opinion,
• 8:30
  Speaker 1: it doesn't only sound like it's bunk. It is bunk.
• 8:34
  Speaker 1: Talk about an absolutely contrived and made-up alibi. I mean,
• 8:39
  Speaker 1: at least get creative. This is another piece of information
• 8:42
  Speaker 1: that does not appear to be shaping up in Kohlberger's favor,
• 8:45
  Speaker 1: said Boise defense attorney Edwina Elcox, who has been following
• 8:49
  Speaker 1: the case. Last week, she said the revelation in court
• 8:52
  Speaker 1: documents that Kohlberger allegedly purchased a K-bar knife and sheath
• 8:57
  Speaker 1: set on Amazon was catastrophic to his defense. And I
• 9:01
  Speaker 1: agree with that. And this is when the gut punches
• 9:03
  Speaker 1: start to come. We're getting very, very close to trial.
• 9:07
  Speaker 1: And the way that the judge wants there to be
• 9:08
  Speaker 1: more transparency, I think we're going to get a lot
• 9:11
  Speaker 1: more context on the things that we've seen so far.
• 9:13
  Speaker 1: And we're going to get to see a lot of
• 9:15
  Speaker 1: things that we haven't seen yet. Now, of course, that
• 9:19
  Speaker 1: doesn't mean they're just going to open things up. But
• 9:22
  Speaker 1: over the last couple of weeks, we've seen more transparency
• 9:24
  Speaker 1: here than we've seen over the past couple of years.
• 9:27
  Speaker 1: And I expect that to ratchet up as we get
• 9:30
  Speaker 1: closer to trial. The November 2022 slayings killed Madison Mogan,
• 9:34
  Speaker 1: Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin. Under Mogan's remains,
• 9:39
  Speaker 1: police found a leather K-bar sheath that prosecutors allege had
• 9:43
  Speaker 1: Koberger's DNA on the snap. Jury selection is scheduled for
• 9:47
  Speaker 1: July 30th, with an official start date of August 11th.
• 9:51
  Speaker 1: A previous judge entered not guilty plea on Koberger's behalf
• 9:55
  Speaker 1: at an arraignment in May of 2023. He could face
• 9:59
  Speaker 1: the death penalty if convicted. And over the past few days,
• 10:02
  Speaker 1: we've been going back over the Lori Vallow trial to
• 10:05
  Speaker 1: kind of give you an idea of what to expect
• 10:07
  Speaker 1: up here in Idaho, because that set a lot of precedent, right?
• 10:11
  Speaker 1: And we're going to see a lot of the same
• 10:12
  Speaker 1: sort of procedure take place when Brian Koberger's trial kicks off.
• 10:17
  Speaker 1: And as we continue to make our way down that
• 10:19
  Speaker 1: winding road, on our way to that trial, we're going
• 10:22
  Speaker 1: to continue to lay the foundation as we prepare for
• 10:25
  Speaker 1: the state to bring their case against Brian Koberger. All
• 10:29
  Speaker 1: the information that goes with this episode, including my contact information,
• 10:33
  Speaker 1: can be found in the description box. What's up everyone
• 10:37
  Speaker 1: and welcome back to the program. In this episode, we're
• 10:41
  Speaker 1: going to talk a little bit more about Brian Koberger
• 10:44
  Speaker 1: and the alibi that he gave to the court and
• 10:47
  Speaker 1: how his defense plans to utilize this release of an
• 10:51
  Speaker 1: alibi moving forward in his trial. So let's dive into
• 10:56
  Speaker 1: this article from Law and Crime and let's see what
• 11:00
  Speaker 1: author Annette Levy has for us. Headline, Brian Koberger was
• 11:05
  Speaker 1: out driving the night of the Idaho murders. This article
• 11:09
  Speaker 1: was authored, again, by Annette Levy. Brian Koberger, the man
• 11:15
  Speaker 1: charged in the murders of four University of Idaho students,
• 11:19
  Speaker 1: claims he was out driving by himself the night of
• 11:23
  Speaker 1: the murders, according to a new court filing. Now look,
• 11:26
  Speaker 1: anybody can claim anything. I was out having a drive.
• 11:30
  Speaker 1: I was hitting golf balls out in the middle of
• 11:33
  Speaker 1: the desert. I was doing yoga with some goats. But
• 11:38
  Speaker 1: once you get in front of a jury, all of
• 11:40
  Speaker 1: that goes out the window if you can't provide any
• 11:43
  Speaker 1: proof of what you are doing. Who's going to corroborate
• 11:46
  Speaker 1: your story? And while the burden of proof is certainly
• 11:49
  Speaker 1: on the prosecution, if the defense makes assertions such as,
• 11:54
  Speaker 1: my client was in such and such a place, they're
• 11:57
  Speaker 1: going to have to back that up with something we
• 11:59
  Speaker 1: call evidence. And we haven't seen too much of that
• 12:03
  Speaker 1: from Brian Kohlberger's team Ever since Brian Kohlberger has been arrested,
• 12:08
  Speaker 1: the bombshell information came in an objection to a motion
• 12:12
  Speaker 1: from prosecutors who want the court to order Kohlberger to
• 12:15
  Speaker 1: turn over specific information about his alibi or bar the
• 12:20
  Speaker 1: evidence at trial. Now, I don't think that the judge
• 12:23
  Speaker 1: is going to bar this evidence at trial, but it
• 12:26
  Speaker 1: is what it is, right? It's flimsy. And I don't
• 12:30
  Speaker 1: know how useful it's going to be for Brian Kohlberger. Now,
• 12:34
  Speaker 1: he has to say he was somewhere, right? He has
• 12:36
  Speaker 1: to come up with some kind of alibi, but with
• 12:39
  Speaker 1: nobody to corroborate your alibi, it's big trouble for you.
• 12:43
  Speaker 1: And when discussing Brian Kohlberger and what he's charged with
• 12:46
  Speaker 1: and all of the other evidence, I don't think that
• 12:49
  Speaker 1: this dog is going to hunt. He was out, driving
• 12:54
  Speaker 1: during the late night and early morning hours of November
• 12:57
  Speaker 1: 12th and 13th of 2022. Kohlberger's attorney, Ann Taylor, wrote
• 13:02
  Speaker 1: in the objection, Mr. Koberger has long had a habit
• 13:06
  Speaker 1: of going for drives alone. Often, he would go for
• 13:09
  Speaker 1: drives at night. He did so late on November 12th
• 13:13
  Speaker 1: and into November 13th, 2022. I'm certainly not disputing the
• 13:18
  Speaker 1: fact that Brian Koberger might have liked to take long
• 13:20
  Speaker 1: drives by himself, but does that mean that that's what
• 13:24
  Speaker 1: he was doing when these murders happened? According to his lawyers,
• 13:28
  Speaker 1: it does, but for the rest of us who have
• 13:31
  Speaker 1: been paying attention... We all know that the evidence against
• 13:34
  Speaker 1: Brian Kohlberger is stacked a mile high, and you're going
• 13:38
  Speaker 1: to need to do better than this kind of alibi
• 13:40
  Speaker 1: if you're going to try and win people over. The
• 13:43
  Speaker 1: admission that Kohlberger was out driving at the time of
• 13:45
  Speaker 1: the murders may be used to the advantage of both
• 13:48
  Speaker 1: the defense and the prosecution. I highly doubt that the
• 13:52
  Speaker 1: defense is going to be able to use this as
• 13:55
  Speaker 1: something that's tangible. They have to offer up some kind
• 13:59
  Speaker 1: of alibi. But besides that, how are they going to
• 14:01
  Speaker 1: prove this? Whereas on the other side, there is phone
• 14:05
  Speaker 1: data of Brian Koberger's phone connecting to cell phone towers.
• 14:10
  Speaker 1: You have the other evidence, you know, DNA evidence. That's
• 14:13
  Speaker 1: kind of strong, right? And all of it leads back
• 14:16
  Speaker 1: to one man. And unless there's somebody we don't know about,
• 14:20
  Speaker 1: the good old unknown assailant theory, then all signs are
• 14:24
  Speaker 1: certainly blinking in the direction of of Brian Koberger, suspected
• 14:29
  Speaker 1: killer's nocturnal habits. One of Koberger's neighbors in Pullman told
• 14:33
  Speaker 1: Law and Crime earlier this year that he often stayed
• 14:36
  Speaker 1: up all night. The defense will likely argue Koberger's nocturnal
• 14:40
  Speaker 1: habits do not necessarily tie him to the crime. Prosecutors
• 14:45
  Speaker 1: will likely argue it's part of placing him and his
• 14:48
  Speaker 1: white Hyundai Elantra near the crime scene. And who do
• 14:51
  Speaker 1: you think the jury is going to listen to? With
• 14:54
  Speaker 1: all of the evidence that has been compiled that points
• 14:57
  Speaker 1: to Brian Kohlberger, why would a jury listen to his
• 15:01
  Speaker 1: nonsense about how he was out on some kind of
• 15:04
  Speaker 1: joyride at 4 a.m.? So I'm very interested how the
• 15:08
  Speaker 1: defense thinks they're going to utilize this as some kind
• 15:11
  Speaker 1: of tangible weapon. Kohlberger said in a prior filing that
• 15:16
  Speaker 1: he would possibly present an alibi through experts and cross-examination
• 15:21
  Speaker 1: of the state's witnesses. His lawyers claim they are complying
• 15:25
  Speaker 1: with Idaho state statutes governing disclosure of alibi evidence because
• 15:30
  Speaker 1: they are not specifically claiming he had an alibi. So
• 15:34
  Speaker 1: they're playing loose here. They're trying to split the baby,
• 15:38
  Speaker 1: if you will, and have their feet in both ends
• 15:41
  Speaker 1: of the pool. And I understand exactly why they would
• 15:44
  Speaker 1: do that. They don't want to limit themselves. Ann Taylor
• 15:48
  Speaker 1: doesn't want to pigeonhole herself here and not be able
• 15:51
  Speaker 1: to adjust on the fly. So she's going to come
• 15:54
  Speaker 1: out and say, look, this is what it is. He
• 15:56
  Speaker 1: was out here having a drive. Now, we're not saying
• 15:59
  Speaker 1: this is the complete alibi, but this is where he was.
• 16:03
  Speaker 1: And as I've said before, you can't turn chicken shit
• 16:06
  Speaker 1: into chicken salad. I don't care how good of a
• 16:09
  Speaker 1: lawyer you are. The facts are the facts, and the
• 16:11
  Speaker 1: evidence is going to point where the evidence points. Idaho
• 16:16
  Speaker 1: state statute describes the requirements a defendant must meet to
• 16:20
  Speaker 1: present an alibi at trial. Such notice by the defendant
• 16:24
  Speaker 1: shall state the specific place or places at which the
• 16:28
  Speaker 1: defendant claims to have been at the time of the
• 16:31
  Speaker 1: alleged offense, and the names and addresses of the witnesses
• 16:36
  Speaker 1: upon whom he intends to rely to establish such an alibi,
• 16:40
  Speaker 1: the statute states. So considering everything we've been through and
• 16:45
  Speaker 1: all of the articles we've discussed about Brian Koberger and
• 16:49
  Speaker 1: what he has brought to the table behind the scenes,
• 16:52
  Speaker 1: Do you think that he has met those requirements for
• 16:56
  Speaker 1: the alibi here? I don't think he has. And I
• 16:58
  Speaker 1: think Judge Judge will see it the same way in
• 17:01
  Speaker 1: his next ruling. The defense has been hampered. Taylor blames
• 17:07
  Speaker 1: prosecutors later in the objection for the defense not being
• 17:10
  Speaker 1: able to produce witnesses that will corroborate Koberger not being
• 17:14
  Speaker 1: at 1122 King Road on the night of the murders.
• 17:18
  Speaker 1: And this is what we call trying to snatch the narrative.
• 17:21
  Speaker 1: So what they're trying to say here is that the
• 17:23
  Speaker 1: defense has been hampered by the prosecution's unwillingness to turn
• 17:27
  Speaker 1: over evidence and to play ball. And because of that,
• 17:31
  Speaker 1: their ability has been impeded to provide the proper kind
• 17:34
  Speaker 1: of alibi. In other words, loopholes and technicalities. At this time, Mr.
• 17:40
  Speaker 1: Kohlberger can't be more specific about possible witnesses and exactly
• 17:45
  Speaker 1: what they will say. Taylor wrote, the defense has been
• 17:49
  Speaker 1: hampered by the state's own choices. the state chose a
• 17:52
  Speaker 1: secret grand jury rather than the planned preliminary hearing. So
• 17:57
  Speaker 1: they're saying that because the grand jury was impaneled, that
• 18:01
  Speaker 1: their rights were impeded and that Brian Kohlberger can't possibly
• 18:06
  Speaker 1: offer up the proper kind of alibi because there's no
• 18:08
  Speaker 1: preliminary hearing, which is ridiculous on its face because if
• 18:12
  Speaker 1: he had an alibi, we'd all be hearing about it.
• 18:15
  Speaker 1: But he doesn't have one. So they came up with this. Oh,
• 18:18
  Speaker 1: I was driving around nonsense. to try and throw a
• 18:21
  Speaker 1: little bit of muck in the water. And while I
• 18:24
  Speaker 1: understand the strategy, I do not think it's going to
• 18:27
  Speaker 1: be successful. A preliminary hearing would have allowed Koberger's attorneys
• 18:32
  Speaker 1: to cross-examine witnesses for prosecution. Instead, prosecutors went to a
• 18:37
  Speaker 1: grand jury to indict Koberger. Grand juries are secret, and
• 18:41
  Speaker 1: defense attorneys are not present for witness testimony. And that's
• 18:46
  Speaker 1: the way the grand jury works. I'm not a big
• 18:48
  Speaker 1: fan of it, but that is how our legal system
• 18:52
  Speaker 1: is set up. And the grand jury is certainly something
• 18:55
  Speaker 1: that the prosecution can wield as a tool to try
• 18:58
  Speaker 1: and get an indictment. But remember, even though you get
• 19:01
  Speaker 1: indicted by a grand jury, that doesn't mean you're going
• 19:04
  Speaker 1: to get convicted. You still have to go before a
• 19:07
  Speaker 1: jury of your peers. You have to go through the
• 19:09
  Speaker 1: whole trial and you have to see what's what. What
• 19:14
  Speaker 1: they're trying to infer here is because it was a
• 19:16
  Speaker 1: grand jury indictment, that it's not a real indictment, that
• 19:20
  Speaker 1: they didn't have a chance to offer up their defense. Well,
• 19:23
  Speaker 1: breaking news, you're going to have that chance come October.
• 19:28
  Speaker 1: Taylor added that the defense may present experts to show
• 19:32
  Speaker 1: Kohlberger was not at the crime scene at the time
• 19:35
  Speaker 1: of the murders. However, she said the analysis is underway. Now,
• 19:40
  Speaker 1: remember in the aftermath of the murders when Ann Taylor
• 19:44
  Speaker 1: had her investigators at the Moscow home? Well, this is
• 19:48
  Speaker 1: exactly what they were doing. They were mapping out the
• 19:51
  Speaker 1: crime scene and they were building their counter argument to
• 19:55
  Speaker 1: the narrative that was being built by the FBI and
• 19:59
  Speaker 1: the police in Moscow. So what they're going to do
• 20:02
  Speaker 1: is offer another version of events. And hopefully, if you're
• 20:07
  Speaker 1: Brian Koberger anyway, that's the version of events that the
• 20:10
  Speaker 1: jury believes. Now, I think they have their work cut
• 20:14
  Speaker 1: out for them, but that's exactly what she means here
• 20:17
  Speaker 1: when she says call witnesses to the stand. She also
• 20:21
  Speaker 1: accused prosecutors of trying to force the defense to hand
• 20:25
  Speaker 1: over work product and prosecutors have no right to see. Currently,
• 20:29
  Speaker 1: Koberger's trial is set for October 2nd. I have no
• 20:33
  Speaker 1: idea how they plan to hit that targeted date. With
• 20:36
  Speaker 1: all of the information coming in, including outstanding forensic results,
• 20:41
  Speaker 1: I just don't know how they're going to hit this
• 20:43
  Speaker 1: October 2nd date. The state's motion is an attempt to
• 20:46
  Speaker 1: force the defense to open its work product files and
• 20:50
  Speaker 1: let the state peek inside, Taylor wrote. The state continually
• 20:54
  Speaker 1: uses those opportunities to attempt to force a waiver of
• 20:58
  Speaker 1: speedy trial. That is a decision left to Mr. Koberger
• 21:02
  Speaker 1: and Mr. Koberger alone. Koberger has pleaded not guilty to
• 21:07
  Speaker 1: the November 2022 murders of Maddie Mogan, Kaylee Gonsalves, Zanna Kernodle,
• 21:13
  Speaker 1: and Ethan Chapin. The four were stabbed to death in
• 21:17
  Speaker 1: a house in Moscow near the U of I's campus.
• 21:20
  Speaker 1: Some were sleeping when they were stabbed. He will be
• 21:23
  Speaker 1: in court August 18th for a hearing on several motions.
• 21:28
  Speaker 1: He's being held in Latah County Jail without bail. So
• 21:31
  Speaker 1: we've had a few perspectives now on Brian Koberger's alleged alibi,
• 21:36
  Speaker 1: and just about everybody comes to the same conclusion, that
• 21:40
  Speaker 1: it is a very, very flimsy alibi, and one that's
• 21:43
  Speaker 1: not going to stand up to the rigors of cross-examination.
• 21:47
  Speaker 1: All right, folks, that's going to do it for this one.
• 21:49
  Speaker 1: All of the information that goes with this episode can
• 21:52
  Speaker 1: be found in the description box. What's up, everyone, and
• 21:57
  Speaker 1: welcome back to the program. In this episode, we're flying
• 22:01
  Speaker 1: back up to Moscow, and we're going to check in
• 22:04
  Speaker 1: on Brian Kohlberger and his alibi. Now, we're learning that
• 22:08
  Speaker 1: Brian Kohlberger is going to have an expert witness named
• 22:12
  Speaker 1: Cy Ray speak on his behalf to try and convince
• 22:16
  Speaker 1: the jury that his alibi is what he says it was.
• 22:20
  Speaker 1: So in this episode, we're going to take a look
• 22:22
  Speaker 1: at Brian Koberger's response to the state's alibi demand, and
• 22:26
  Speaker 1: we're going to take a look at the profile of
• 22:29
  Speaker 1: the expert that they're bringing on board to try and
• 22:32
  Speaker 1: punch home their narrative. So let's get right to it.
• 22:36
  Speaker 1: Case number CR29-22-2805, the state of Idaho plaintiff versus Brian C. Koberger,
• 22:45
  Speaker 1: the defendant. The notice of defendant's supplemental response to the
• 22:49
  Speaker 1: state's alibi demand. Comes now, Brian C. Koberger by and
• 22:54
  Speaker 1: through his attorney of record, Ann C. Taylor, public defender,
• 22:58
  Speaker 1: and hereby files a supplemental response to the demand for
• 23:02
  Speaker 1: alibi in compliance with Idaho Code Section 19-519 and Idaho
• 23:08
  Speaker 1: Criminal Rule 12.1. Mr. Koberger moved to Pullman, Washington in
• 23:14
  Speaker 1: June of 2022. As an avid runner and hiker, he
• 23:18
  Speaker 1: explored many areas of the Palouse. Of note, he explored
• 23:22
  Speaker 1: Wawa Wai Park in July of 2022, and this became
• 23:27
  Speaker 1: a favorite location. After the school year began, Mr. Kohlberger
• 23:31
  Speaker 1: was busy with classes and work at Washington State University,
• 23:35
  Speaker 1: and his running and hiking decreased but did not stop. Instead,
• 23:39
  Speaker 1: his nighttime drives increased. This is supported by data from Mr.
• 23:43
  Speaker 1: Kohlberger's phone showing him in the countryside late at night
• 23:47
  Speaker 1: and or in the early morning on several occasions. The
• 23:50
  Speaker 1: phone data includes numerous photographs taken on several different late
• 23:54
  Speaker 1: evenings and early mornings, including in November depicting the night sky.
• 24:00
  Speaker 1: And just to interject here, all of a sudden, we
• 24:02
  Speaker 1: should be relying on phone pings and what the phone
• 24:05
  Speaker 1: data tells us? I thought that that wasn't reliable. I
• 24:08
  Speaker 1: thought that we shouldn't rely on that information when we're
• 24:11
  Speaker 1: looking to build the case. Well, unless, of course, that
• 24:15
  Speaker 1: information helps you, right? Then, it's game on, and that's
• 24:19
  Speaker 1: what you see here. Brian Koberger's team looking to grab
• 24:22
  Speaker 1: onto whatever they possibly can, but the fact is, there
• 24:26
  Speaker 1: is no witness to corroborate his alibi, just like we suspected. Mr.
• 24:30
  Speaker 1: Koberger was out driving in the early morning hours of
• 24:33
  Speaker 1: November 13th, 2022, as he often did to hike and
• 24:37
  Speaker 1: run and or see the moon and stars. He drove
• 24:40
  Speaker 1: throughout the area south of Pullman, Washington, west of Moscow,
• 24:44
  Speaker 1: including Wauwai Park. Partial corroboration. Mr. Koberger intends to offer
• 24:50
  Speaker 1: testimony of Cy Ray, CSLI expert, cell tower, cell phone,
• 24:55
  Speaker 1: and other radio frequency curricula vitae as attached to show
• 24:59
  Speaker 1: that Brian Koberger's mobile device was south of Pullman, Washington
• 25:03
  Speaker 1: and west of Moscow, Idaho on November 13th, 2022. That
• 25:08
  Speaker 1: Brian Koberger's mobile device did not travel east on the
• 25:11
  Speaker 1: Moscow-Pullman Highway in the early morning hours of November 13th
• 25:16
  Speaker 1: and thus could not be the vehicle captured on video
• 25:19
  Speaker 1: along the Moscow-Pullman Highway near Floyd's Cannabis Shop. Additional information
• 25:24
  Speaker 1: as to Mr. Kohlberger's whereabouts as the early morning hours progressed,
• 25:29
  Speaker 1: including additional analysis by Mr. Ray, will be provided once
• 25:33
  Speaker 1: the state provides discovery requested and now subject to an
• 25:36
  Speaker 1: upcoming motion to compel If not disclosed, Mr. Ray's testimony
• 25:40
  Speaker 1: will also reveal that critical, exculpatory evidence further corroborating Mr.
• 25:45
  Speaker 1: Koberger's alibi was either not preserved or has been withheld.
• 25:51
  Speaker 1: This was dated April 17th of 2024 and it was
• 25:54
  Speaker 1: signed by Ann Taylor. So who is this expert that
• 25:59
  Speaker 1: they're bringing in? Well, here's his profile. Cy Ray, work history,
• 26:04
  Speaker 1: Burning Mountain Productions, DBA Socialite Crime Club, 2023 to the present,
• 26:10
  Speaker 1: Lexus Nexus Special Services Incorporated, Director, 2021 through 2023, ZX Incorporated,
• 26:15
  Speaker 1: President and Founder, 2013 through 2021, Gilbert Police Department, Sergeant,
• 26:20
  Speaker 1: Officer in SWAT, 1999 through 2014, Phoenix Training Council, Owner Trainer,
• 26:22
  Speaker 1: 2006 through 2013, Show Low Police Department, 1996 through 1999,
• 26:40
  Speaker 1: Military Professional Resources Incorporated, L3, June and December 2010, applicable experience,
• 26:49
  Speaker 1: 20 years of law enforcement experience, 5 years of patrol operations,
• 26:53
  Speaker 1: 13 years of criminal investigations, 7 years in violent crime,
• 26:58
  Speaker 1: sex crime, and narcotic investigations, 3 years as a detective
• 27:02
  Speaker 1: sergeant in violent crime investigations, 2 years on the criminal
• 27:06
  Speaker 1: apprehension team, one year in undercover operations in Afghanistan, eight
• 27:10
  Speaker 1: years SWAT tactical operations experience, seven years instructor operator of
• 27:16
  Speaker 1: law enforcement training company, 10 years of expert witness case
• 27:20
  Speaker 1: consultant experience, testified over 100 times state and federal courts.
• 27:25
  Speaker 1: All casework prior to 1123 was as prosecution witness, advised
• 27:31
  Speaker 1: peer review on over 2000 criminal investigations, U.S. federal cases,
• 27:36
  Speaker 1: state and local law enforcement cases, and international cases. Experience
• 27:42
  Speaker 1: Summary Criminal Investigations Over 1,000 death investigations including gang-related homicides,
• 27:50
  Speaker 1: murders by organized crime syndicates, investigations of officer use of
• 27:54
  Speaker 1: force and suspect use of force against officers, complex case designation,
• 27:59
  Speaker 1: over 150 robbery investigations including gang-related robberies, over 100 kidnapping investigations,
• 28:07
  Speaker 1: over 1,000 cases involving assault, sexual assault, organized crime, arson,
• 28:13
  Speaker 1: arson-related homicide, auto theft, narcotics, property crime, wildlife crimes, and
• 28:18
  Speaker 1: public corruption of funds investigations, supervision of investigations unit, supervise
• 28:25
  Speaker 1: and direct criminal investigations related to violent crime and narcotic investigations,
• 28:30
  Speaker 1: vice operations and undercover operations, provided direction of up to
• 28:34
  Speaker 1: 30 investigators during complex and dynamic cases, provided mentoring and
• 28:40
  Speaker 1: training in reference to investigations of violent crimes or other
• 28:43
  Speaker 1: crimes as needed, specialty training in reference to criminal investigations,
• 28:49
  Speaker 1: bullet trajectory and gunshot wound patterns, blood spatter interpretation, crime
• 28:54
  Speaker 1: scene management and processing, cell phone analysis, interviewing and interrogation,
• 28:59
  Speaker 1: provided instruction to military units in reference to to Tactical
• 29:03
  Speaker 1: Questioning and Interviewing Techniques, 10th Special Forces Group, Fort Carson, Colorado,
• 29:09
  Speaker 1: Statement Analysis, LSI, Terrorism Investigation of Response Terrorist Threats Activities,
• 29:15
  Speaker 1: Kidnapping Specifically as it Pertains to Organized Crime, Narcotics Investigations, Recruiting, Managing,
• 29:22
  Speaker 1: and Directing Confidential Informants, Undercover Clandestine Operations, assigned to DEA
• 29:29
  Speaker 1: Task Force in reference to investigations involving Mexican drug cartel
• 29:33
  Speaker 1: successfully dismantled operation. Assigned to DEA task force in reference
• 29:39
  Speaker 1: to investigation, Criminal Syndicates Outlaw Motorcycle Gangs, Investigation Resulted in
• 29:45
  Speaker 1: the Largest Seize of Precursor Chemicals Used to Produce Methamphetamine
• 29:50
  Speaker 1: in the U.S., High-Risk Surveillance and Street Jumps, Instructor in
• 29:54
  Speaker 1: Arizona for Both Tactical Elements and Investigative Elements, gang investigations,
• 29:59
  Speaker 1: criminal streets indicates, use of RF, radio frequency collection, and
• 30:04
  Speaker 1: targeting of mobile devices for both tactical operations and investigative sources,
• 30:10
  Speaker 1: over 1,000 missions in the field locating cellular devices, provides
• 30:14
  Speaker 1: instruction on the subject matter, provides expert testimony on the
• 30:18
  Speaker 1: subject matter, has consulted with private industry, Rode and Schwarz,
• 30:22
  Speaker 1: and Boeing on developing hardware and software solutions for law enforcement,
• 30:27
  Speaker 1: and military applications, specialty training, in reference to SWAT, basic
• 30:32
  Speaker 1: SWAT entry school times three, advanced SWAT entry school countermeasures,
• 30:37
  Speaker 1: technical institute, hostage rescue tactics training, instructor certified for less lethal,
• 30:43
  Speaker 1: flash stun, distraction devices, and chemical agents, SCBE certified for
• 30:49
  Speaker 1: tactical environments, submachine gun qualified, tactical firearms, low light and
• 30:54
  Speaker 1: no light environments, Colt M4, Type 3 SWAT Training, THS
• 30:59
  Speaker 1: Office of Domestic Preparedness, Introduction to Worldwide Terrorism, Weapons of
• 31:04
  Speaker 1: Mass Destruction, Protection Levels and Operations, Scouting, Pre-Planning, Intelligence, Tactical Movements,
• 31:10
  Speaker 1: Tactical Breathing, Occupancy Control, IED and Explosive Materials, Citizen and
• 31:16
  Speaker 1: Team Member Recovery, Vehicle Assaults, Hostage Rescue, TikTok Operations, CBRNE Operations,
• 31:24
  Speaker 1: Tactical operation packets and briefings served as tactical team leader,
• 31:27
  Speaker 1: extensive experience in scouting and planning of tactical operations in
• 31:32
  Speaker 1: urban environments, cellular tracking and operations in a tactical environment, instructor,
• 31:38
  Speaker 1: development of training courses, trained tactical units, integration into high-risk
• 31:43
  Speaker 1: cellular tracking missions in the field. Undercover operations. Afghanistan. Mentored
• 31:50
  Speaker 1: 10-man undercover Afghan police team targeting IED cells operation in
• 31:55
  Speaker 1: a battlefield, the mission objective was to penetrate and exploit
• 31:58
  Speaker 1: improvised explosives used against coalition troops, created and executed action
• 32:04
  Speaker 1: plans in the battlefield targeting IED cells and equipment once identified,
• 32:09
  Speaker 1: mentored Afghan police on investigative techniques and rule of law applications,
• 32:14
  Speaker 1: advanced investigations into relation to IED detonation, including device mechanism identification,
• 32:21
  Speaker 1: Consulting of Rule and Law Concerning Policies and Procedures. This
• 32:25
  Speaker 1: covered all aspects from developments of basic legislation to formalizing
• 32:30
  Speaker 1: criminal investigations and courtroom procedures. Fields of Expertise Cell Phone
• 32:36
  Speaker 1: and Radio Frequency Devices Extensive Background and Cellular Devices In
• 32:41
  Speaker 1: Reference to Criminal Investigations Subject Matter Expert in Call Detail
• 32:46
  Speaker 1: Record Analysis historical tracking, real-time, physical tracking of mobile devices, geolocation,
• 32:52
  Speaker 1: site survey, and RF identification, extensive use of DRT tracking equipment,
• 32:58
  Speaker 1: digital receiver technology, technical applications of Rode and Schwarz, TSME,
• 33:04
  Speaker 1: TSMA scanning equipment, experience and denial of service, RF jamming,
• 33:09
  Speaker 1: data collection, black phone operations, identifying and targeting unknown cellular devices.
• 33:15
  Speaker 1: Provided expert court testimony and consulting as a subject matter
• 33:19
  Speaker 1: expert in the field. Recognized nationally by the International Chiefs
• 33:23
  Speaker 1: of Police and Parade Magazine for my work in this field.
• 33:27
  Speaker 1: Designed and developed radio frequency sensors that detect wireless devices.
• 33:32
  Speaker 1: Sensors were used by the NFL during the 2016 NFL
• 33:36
  Speaker 1: Super Bowl for drone protection. Provide expert testimony and court consultation.
• 33:42
  Speaker 1: in Arizona, Utah, Montana, Colorado, Virginia, Florida, Texas, New York,
• 33:47
  Speaker 1: and California. ZX Corporation, development and implementation of a national
• 33:54
  Speaker 1: cell tower database for the United States, databases coverage areas
• 33:58
  Speaker 1: defined for each sector, over 3.1 million coverage overlays, extensive
• 34:03
  Speaker 1: RF mapping, and link budget analysis completed in multiple environments,
• 34:08
  Speaker 1: automated call detail record processing, responsible for the program development
• 34:13
  Speaker 1: and implementation, extensive research and coordination, required automating, and standardizing
• 34:19
  Speaker 1: call detail records sent by providers to law enforcement for
• 34:23
  Speaker 1: investigative purposes. Instructor for all training courses, including ZED, ex-40-hour
• 34:29
  Speaker 1: advanced certification course, the only 40-hour certification course offered in
• 34:34
  Speaker 1: the United States, instructing. over 15 years of experience in
• 34:38
  Speaker 1: developing training outlines, objectives, and PowerPoint presentations, implementation of training
• 34:44
  Speaker 1: concepts and debrief, after-action reports on programs impact, Arizona Peace
• 34:49
  Speaker 1: Officer and Standards Training Board Certified Instructor, extensive background and
• 34:53
  Speaker 1: reference in providing instruction and training all disciplines listed, guest
• 34:58
  Speaker 1: speaker for various conference and conventions in the United States
• 35:02
  Speaker 1: and Canada, Instructed for over 25,000 students nationally and internationally.
• 35:08
  Speaker 1: Law enforcement, prosecutors, judges, defense experts. Attributes. Coordination of training
• 35:14
  Speaker 1: exercise for 10th group special forces. Arranged training schedules, facilities, instructions,
• 35:19
  Speaker 1: and participation in training events that incorporated full mission profiles
• 35:24
  Speaker 1: for special force operations. The exercises were pre-mission training for
• 35:29
  Speaker 1: combat deployments in Operation Iraq Freedom. Six separate concepts completed
• 35:34
  Speaker 1: in 2003 and 2009. Training concepts mentioned above include sensitive
• 35:40
  Speaker 1: site exploitation, close quarters combat, and flat range exercises and
• 35:45
  Speaker 1: live fire scenarios. Alright, so there's the profile for the
• 35:50
  Speaker 1: gentleman that they're bringing in as far as an expert
• 35:54
  Speaker 1: witness when it comes to cell phone communications and where
• 35:58
  Speaker 1: Brian was supposedly at the night these murders took place.
• 36:02
  Speaker 1: And while there's no doubt that this man is well qualified,
• 36:05
  Speaker 1: that doesn't change the fact that none of the evidence
• 36:08
  Speaker 1: lines up with Brian Koberger's narrative. And it's just as
• 36:11
  Speaker 1: we thought. There wasn't going to be corroboration of that alibi.
• 36:15
  Speaker 1: If there was corroboration of that alibi, we would have
• 36:18
  Speaker 1: heard about it a whole lot sooner. And now when
• 36:21
  Speaker 1: we do hear about the alibi, there's no direct witness
• 36:24
  Speaker 1: corroborating Brian Koberger not being at the scene or not
• 36:28
  Speaker 1: doing this. It's an expert telling us that Brian Koberger
• 36:31
  Speaker 1: was here, there, or somewhere else using technology. Whereas on
• 36:36
  Speaker 1: the flip side of that, the prosecution is going to
• 36:39
  Speaker 1: tell us a completely different story. And as it always
• 36:43
  Speaker 1: ends up inside of the courtroom, it's going to come
• 36:46
  Speaker 1: down to a battle of the experts. And it'll be
• 36:48
  Speaker 1: up to the jury to decide what's true and what's not.
• 36:53
  Speaker 1: And when all is said and done, I think Brian
• 36:55
  Speaker 1: Koberger is going to need to come with something a
• 36:57
  Speaker 1: little bit stronger. than an expert who says that he
• 37:01
  Speaker 1: was driving around. But either way, we're going to be
• 37:03
  Speaker 1: here the whole entire time, breaking it down as the
• 37:06
  Speaker 1: information becomes available. But that's going to do it for
• 37:10
  Speaker 1: this one. All of the information that goes with this
• 37:13
  Speaker 1: episode can be found in the description box.