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Murder In Moscow: The Good And The Bad For Bryan Kohberger After The April 9th Hearing · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. On
• 0:04
  Speaker 1: Wednesday in Ada County, Brian Kohlberger was in court for
• 0:07
  Speaker 1: another appearance in front of Judge Hipler, and many crucial
• 0:11
  Speaker 1: issues were up for discussion during this proceeding, and most
• 0:15
  Speaker 1: of them had to do with evidence. Now, Brian Kohlberger's team,
• 0:19
  Speaker 1: they have tried to keep a lot of this evidence
• 0:22
  Speaker 1: out of the upcoming trial, and that's because a lot
• 0:25
  Speaker 1: of this evidence doesn't look good for Brian Kohlberger. And
• 0:29
  Speaker 1: on the flip side of that, the prosecution, they continue
• 0:32
  Speaker 1: to try to make the point that Brian Kohlberger is
• 0:35
  Speaker 1: the man that they're telling us he is. And of course,
• 0:38
  Speaker 1: it's going to be up to the jury in Ada
• 0:40
  Speaker 1: County to figure it all out. But before we get there,
• 0:43
  Speaker 1: we have to lay the groundwork. And that's the point
• 0:46
  Speaker 1: of these evidentiary hearings. And in today's episode, we're going
• 0:49
  Speaker 1: to talk a little bit more about what went down
• 0:52
  Speaker 1: on Wednesday. And to do that, we have an article
• 0:55
  Speaker 1: from Fox News. Headline. What went Brian Kohlberger's way and
• 0:59
  Speaker 1: what didn't at the evidence motions hearing? This article was
• 1:03
  Speaker 1: authored by Michael Ruiz. Brian Kohlberger's defense struggled with prosecutors
• 1:08
  Speaker 1: over what evidence should and shouldn't be allowed in his
• 1:11
  Speaker 1: upcoming quadruple murder trial at a full-day hearing in front
• 1:14
  Speaker 1: of Judge Stephen Hippler in Boise, Idaho on Wednesday. Kohlberger, 30,
• 1:19
  Speaker 1: faces four charges of first-degree murder in the deaths of
• 1:22
  Speaker 1: Madison Mogan, 21, Kaylee Gonsalves, 21, Zanna Kernodle, 20, and
• 1:27
  Speaker 1: Ethan Chapin, 20. He also faces a felony burglary count.
• 1:32
  Speaker 1: And the burglary count's still interesting. They haven't really explained
• 1:35
  Speaker 1: it as far as what Brian Kohlberger allegedly might have
• 1:39
  Speaker 1: taken from the house. Now, I know we've heard about
• 1:42
  Speaker 1: a vacuum being taken or allegedly being taken, but I'm
• 1:47
  Speaker 1: not sure if that's what he was charged with burglary for.
• 1:50
  Speaker 1: We haven't really seen that documentation, so that leads me
• 1:53
  Speaker 1: to believe that it was something else. Did he take
• 1:56
  Speaker 1: some sort of memento, allegedly? Some kind of, I don't know,
• 2:00
  Speaker 1: picture or ID, something like that? Who knows? But what
• 2:04
  Speaker 1: we do know is that he's charged with burglary, along
• 2:07
  Speaker 1: with the other charges he got slapped with. Hipler decided
• 2:11
  Speaker 1: some motions from the bench, but said that he would
• 2:14
  Speaker 1: announce other orders later in writing, including his findings on
• 2:17
  Speaker 1: defense motions, to strike the death penalty as a potential
• 2:21
  Speaker 1: punishment due to Kohlberger's diagnosis of autism. And defense claims
• 2:25
  Speaker 1: that prosecutors have miskeyed discovery deadlines. Now, the only thing
• 2:30
  Speaker 1: I could see Judge Hitler biting on here is if
• 2:33
  Speaker 1: the prosecution has been egregious when it comes to missing deadlines.
• 2:37
  Speaker 1: If they're doing it on purpose to try and throw
• 2:39
  Speaker 1: a little bit of doubt at Brian Kohlberger to make
• 2:43
  Speaker 1: things more difficult for him, or they just don't want
• 2:46
  Speaker 1: to comply, then the judge is going to sanction them
• 2:49
  Speaker 1: and there's going to be penalties for that. And remember,
• 2:51
  Speaker 1: it was issues with the discovery process with Lori Vallow
• 2:54
  Speaker 1: that ended up getting her off the hook for capital punishment.
• 2:57
  Speaker 1: So that precedent has already been set in Idaho. That's
• 3:00
  Speaker 1: something we have to keep in mind. And I'm very
• 3:02
  Speaker 1: interested to see which way Judge Hipler is going to
• 3:04
  Speaker 1: rule here. I think this is going to obviously be
• 3:07
  Speaker 1: a key ruling. So it's going to be very interesting
• 3:10
  Speaker 1: to see which way Judge Hipler decides to go. Defense
• 3:13
  Speaker 1: attorney Ann Taylor cited the recent Lori Vallow case in
• 3:17
  Speaker 1: which the court threw out the death penalty over missed deadlines. Kohlberger, however,
• 3:21
  Speaker 1: has waived his right to a speedy trial and Hippler
• 3:24
  Speaker 1: asked Taylor why she hadn't raised the issue months ago
• 3:27
  Speaker 1: or requested more resources, like half a dozen additional paralegals,
• 3:31
  Speaker 1: to help her go through the discovery. Well, that was calculated.
• 3:35
  Speaker 1: In my opinion, they knew that they'd get to this
• 3:37
  Speaker 1: point and then they can make an issue of it. Oh,
• 3:40
  Speaker 1: we don't have enough people to go through this. The
• 3:43
  Speaker 1: table's tilted in the favor of the government. Well, breaking news,
• 3:46
  Speaker 1: the table is always tilted in the favor of the government.
• 3:49
  Speaker 1: even if you're rich, just as did he. So that's
• 3:53
  Speaker 1: a non-starter for me. And I think that the judge
• 3:56
  Speaker 1: is right. If Ann Taylor needed more help, she should
• 3:59
  Speaker 1: have requested that help previously. It's not like it's coming
• 4:03
  Speaker 1: out of her budget. The state would have had to
• 4:05
  Speaker 1: pick it up. And considering that the state has pretty
• 4:08
  Speaker 1: much given Kohlberger everything he's wanted throughout this whole thing,
• 4:12
  Speaker 1: I have no doubt that they would have given him
• 4:14
  Speaker 1: more paralegals. Because at this point, I'm convinced that the
• 4:17
  Speaker 1: state of Idaho wants to make sure that they only
• 4:20
  Speaker 1: do this once. They don't want to have to have
• 4:22
  Speaker 1: a retrial here, you know, an appeal, and go through
• 4:25
  Speaker 1: this all again. And I think that's why we see
• 4:28
  Speaker 1: them giving Brian Kohlberger so much as far as, you know,
• 4:31
  Speaker 1: venue changes and all the rest of it. The state
• 4:34
  Speaker 1: hasn't really fought against most of this stuff. And I
• 4:37
  Speaker 1: think it's because they know that they have a very
• 4:39
  Speaker 1: strong case. And when you have a very strong case,
• 4:43
  Speaker 1: it's going to be a strong case no matter what.
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  Speaker 1: So what you want to do is make sure you safeguard,
• 4:48
  Speaker 1: you know, the appeal process later on by doing everything correctly.
• 4:53
  Speaker 1: And I think that's what's going on here in Idaho
• 4:55
  Speaker 1: when it comes to the prosecution. Now, with that said,
• 4:58
  Speaker 1: even though they've been meticulous, that doesn't mean there hasn't
• 5:01
  Speaker 1: been any missteps. So if there is prosecutorial misconduct, and
• 5:05
  Speaker 1: it's something that is, especially if it's a constitutional matter,
• 5:09
  Speaker 1: then yeah, the prosecution should be penalized for it. And
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  Speaker 1: if that means that the death penalty is taken off
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  Speaker 1: the table, Well, we'd have nobody to blame but the
• 5:18
  Speaker 1: prosecution at that point, right? So they gotta make sure
• 5:21
  Speaker 1: that they're doing the right thing. Deputy Latah County Prosecutor
• 5:26
  Speaker 1: Ashley Jennings also flat out denied Taylor's accusations that prosecutors
• 5:31
  Speaker 1: were slow-walking discovery and said everything the defense has asked
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  Speaker 1: for has been provided, a point that Taylor conceded in
• 5:38
  Speaker 1: front of the judge. So right there and then it
• 5:41
  Speaker 1: shows you and tells you that even Ann Taylor has
• 5:43
  Speaker 1: conceded that all of this has been turned over. Now,
• 5:47
  Speaker 1: has it been turned over in a manner or a
• 5:50
  Speaker 1: format that is the most helpful to the defense? Of
• 5:53
  Speaker 1: course not. What, they want the prosecution to do the
• 5:56
  Speaker 1: work for them? The only obligation that the prosecution has
• 6:00
  Speaker 1: is to turn over whatever they find that might be exculpatory.
• 6:04
  Speaker 1: And then they need to turn over whatever they're going
• 6:06
  Speaker 1: to use as evidence. But besides that, they're under no
• 6:09
  Speaker 1: obligations to help the defense in any manner. But I
• 6:14
  Speaker 1: will agree that there is a lot of slow walking
• 6:16
  Speaker 1: when it comes to documents from the federal government when you're,
• 6:20
  Speaker 1: you know, facing them at a trial. But this is
• 6:23
  Speaker 1: not the federal government. This is Idaho. And I think
• 6:26
  Speaker 1: that the prosecution is acutely aware of what happened with
• 6:29
  Speaker 1: Lori Vallow and they're trying not to walk into that trap.
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  Speaker 1: This motion is not about withheld discovery, she said. It
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  Speaker 1: was instead about a vast amount of data, dozens of terabytes,
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  Speaker 1: that she said will take years to go through. Hipler
• 6:43
  Speaker 1: told her that he expects most of it is irrelevant
• 6:46
  Speaker 1: surveillance video that doesn't need to be gone through, but
• 6:49
  Speaker 1: he said he would likely require the prosecution to certify
• 6:52
  Speaker 1: that it has disclosed all potentially exculpatory evidence that it
• 6:56
  Speaker 1: is aware of and that the defense has not already flagged,
• 6:59
  Speaker 1: and the prosecution is obligated to turn all of that over.
• 7:03
  Speaker 1: Anything that might help the case one way or the other,
• 7:05
  Speaker 1: even if it helps the defendant, they have to turn
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  Speaker 1: it over. And Ann Taylor is not saying that they
• 7:12
  Speaker 1: didn't do that, What she's saying is, there's just a
• 7:15
  Speaker 1: vast amount of data, and they can't go through it all.
• 7:17
  Speaker 1: And not to sound like a dick or anything, but
• 7:19
  Speaker 1: that sounds like a you problem, Ann Taylor. Like Judge
• 7:23
  Speaker 1: Hipler said, you should have hired some more paralegals. He
• 7:26
  Speaker 1: said that he would issue a written order later. After
• 7:29
  Speaker 1: arguments over Kohlberger's alibi, which prosecutors say cannot be corroborated
• 7:34
  Speaker 1: by anyone other than the defendant himself, the judge and
• 7:37
  Speaker 1: both sides appeared to agree that defense expert Cy Ray
• 7:40
  Speaker 1: could testify. About Kohlberger's whereabouts, at the time his phone
• 7:44
  Speaker 1: was shut off, more than an hour before the murders.
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  Speaker 1: But Latah County Prosecuting Attorney Bill Thompson made clear that
• 7:51
  Speaker 1: it's not an alibi. Well, it's not an alibi. There's
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  Speaker 1: nobody to corroborate it. You can say whatever you want,
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  Speaker 1: but that doesn't mean we have to accept it. And
• 8:01
  Speaker 1: if you think we have a hard time buying it,
• 8:03
  Speaker 1: wait till you get a load of the jurors. They're
• 8:05
  Speaker 1: going to have all the evidence right there in front
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  Speaker 1: of them. So they're going to be able to piece
• 8:09
  Speaker 1: everything together, and they're going to be able to do
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  Speaker 1: it in a manner that really paints a bad picture.
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  Speaker 1: And when this is your only alibi, well, I don't
• 8:16
  Speaker 1: think anyone's going to buy it. Who is going to
• 8:19
  Speaker 1: say that he was out driving around looking at the stars,
• 8:21
  Speaker 1: Hippler asked Taylor. She said her client has a right
• 8:24
  Speaker 1: to remain silent. The question is whether you have a
• 8:27
  Speaker 1: witness who is going to testify to that, Hippler said.
• 8:30
  Speaker 1: And sure, he has a right to remain silent. But
• 8:32
  Speaker 1: if you're going to offer an alibi, you have to
• 8:35
  Speaker 1: have some corroboration for that alibi. We're not just going
• 8:38
  Speaker 1: to take your word for it, and neither is the court.
• 8:41
  Speaker 1: Trust me, bro, it's not a source. So if you
• 8:43
  Speaker 1: file a motion with the court saying you have an
• 8:45
  Speaker 1: alibi that you were driving around, they're going to ask
• 8:48
  Speaker 1: for a corroboration of that alibi. And if you don't
• 8:51
  Speaker 1: have that corroboration, well, you don't have corroboration. There's no
• 8:54
  Speaker 1: such thing as partial corroboration within the rules of evidence
• 8:59
  Speaker 1: in Idaho. Hipler partially agreed to defense motion to block
• 9:03
  Speaker 1: prosecutors from using the word murderer, psychopath, and sociopath in
• 9:07
  Speaker 1: the trial. but noted that what the defense had asked
• 9:10
  Speaker 1: for amounted to issuing an order that says the state
• 9:13
  Speaker 1: should not commit prosecutorial misconduct. That's all it is. This
• 9:17
  Speaker 1: is narrative building. They're trying to change the narrative in
• 9:20
  Speaker 1: the public sphere. And they can't do it with an
• 9:23
  Speaker 1: all-out assault, obviously, because of the gag order that Brian
• 9:26
  Speaker 1: Koberger requested, by the way. So what they'll do is
• 9:30
  Speaker 1: they'll throw little things like this out there. Oh, they
• 9:32
  Speaker 1: can't use the word murderer. They can't use the word psychopath.
• 9:35
  Speaker 1: They can't use the word sociopath. Nobody was using those words.
• 9:39
  Speaker 1: Not the prosecution. The prosecution hasn't said shit about Brian Kohlberger.
• 9:45
  Speaker 1: Now flip the script and look at the way they
• 9:47
  Speaker 1: were talking about Rex Heuermann in New York. I mean,
• 9:50
  Speaker 1: you had prosecutors calling the dude a demon and the
• 9:52
  Speaker 1: rest of it. Now I agree that he's guilty as
• 9:55
  Speaker 1: the day is long, meaning Rex Heuermann, and he is
• 9:58
  Speaker 1: a demon, but the prosecution saying that, not going to
• 10:01
  Speaker 1: play out well, right? The judge isn't going to like it.
• 10:04
  Speaker 1: And we haven't seen any of that here, especially considering
• 10:07
  Speaker 1: we've had the gag order draped over this from pretty
• 10:10
  Speaker 1: much the very beginning. So the state was never going
• 10:12
  Speaker 1: to use those terms anyway to describe Brian Kohlberger. But
• 10:17
  Speaker 1: now what happens is the defense shapes this up and
• 10:20
  Speaker 1: they frame it like it's some kind of victory. Well, okay,
• 10:24
  Speaker 1: I guess. I mean, enjoy your empiric victory. But in reality,
• 10:28
  Speaker 1: it's nothing. Because the prosecution was not even going to
• 10:32
  Speaker 1: use it as far as rhetoric goes. As for inflammatory
• 10:35
  Speaker 1: evidence that the defense wants to keep at a trial,
• 10:38
  Speaker 1: like overuse of gruesome crime scene photos, Hitler said the
• 10:42
  Speaker 1: murders were brutal and horrific. And he expected the evidence
• 10:45
  Speaker 1: to reflect that. And we talked about this a little
• 10:47
  Speaker 1: bit yesterday. These videos, these photos, unfortunately, they're going to
• 10:51
  Speaker 1: be shown in court. And the family members are going
• 10:54
  Speaker 1: to have to see them. Now, us as the public,
• 10:56
  Speaker 1: I doubt we're going to get a look at that stuff.
• 10:59
  Speaker 1: But the jurors, they're going to see all of it.
• 11:01
  Speaker 1: And there's no way that Brian Kohlberger is going to
• 11:03
  Speaker 1: be able to keep it out of trial. That's just
• 11:06
  Speaker 1: not reality. Whenever you have a brutal murder, unfortunately, you
• 11:11
  Speaker 1: have brutal evidence that comes along with it. And in
• 11:13
  Speaker 1: this situation, you can times that by four considering we
• 11:16
  Speaker 1: have four victims who were brutally murdered with a knife
• 11:20
  Speaker 1: by Kohlberger or somebody else. So that evidence has to
• 11:23
  Speaker 1: be admitted, those pictures have to be shown, and the
• 11:27
  Speaker 1: jury certainly needs to see it all. In one key moment,
• 11:31
  Speaker 1: Taylor claimed that the defense had uncovered a new lead
• 11:33
  Speaker 1: regarding a potential alternate suspect and was investigating. In another,
• 11:38
  Speaker 1: she said there are 100 hours of interviews with people
• 11:40
  Speaker 1: who knew Kohlberger from Washington State University, and many of
• 11:44
  Speaker 1: them had unkind things to say about him. Well, maybe,
• 11:47
  Speaker 1: just maybe, it's because he was a douche. Like, you
• 11:51
  Speaker 1: can't find a few people to have nice things to
• 11:53
  Speaker 1: say about you? I mean, I'm a curmudgeon and a
• 11:56
  Speaker 1: surly individual, but if I was accused of murdering four people,
• 12:00
  Speaker 1: plenty of folks would come out and say there's no
• 12:02
  Speaker 1: way that this dude did it. He might be a
• 12:05
  Speaker 1: sarcastic jerk-off sometimes, but murder? No way. Have we heard
• 12:09
  Speaker 1: anybody come out and say that about Brian Kohlberger? Like,
• 12:13
  Speaker 1: I'm sure that most of you out there, it would
• 12:14
  Speaker 1: be the same. If somebody said, hey look, so-and-so is
• 12:18
  Speaker 1: guilty of murdering four people, I'm sure your folk, all
• 12:21
  Speaker 1: your friends and family and people around you would be like,
• 12:24
  Speaker 1: no way. There's no way that this person could do it. Meanwhile,
• 12:28
  Speaker 1: when you got Brian Kohlberger over here, not one single
• 12:31
  Speaker 1: person has a nice thing to say about dude? What
• 12:34
  Speaker 1: does that say about his character? Now, of course, Ann
• 12:36
  Speaker 1: Taylor is going to say it's because he's, you know,
• 12:39
  Speaker 1: socially awkward, his autism, the rest of it. And that
• 12:42
  Speaker 1: might be true. But it's not a good look. And
• 12:46
  Speaker 1: when everybody that you come into contact with thinks you're
• 12:49
  Speaker 1: some kind of weirdo, well, are all of those people wrong?
• 12:52
  Speaker 1: I mean, maybe. But considering everything that we've heard and
• 12:55
  Speaker 1: everything that we've learned, chances are Brian Koberger was a
• 12:58
  Speaker 1: pretty weird guy. Now, of course, that doesn't make him
• 13:01
  Speaker 1: a murderer. Let's be very clear. That does not make
• 13:04
  Speaker 1: him a murderer. But when you have all this other evidence,
• 13:07
  Speaker 1: and then you have these people that knew him saying
• 13:09
  Speaker 1: bad things about him, it starts to build that foundation.
• 13:13
  Speaker 1: And that's why we have a trial, right? You build
• 13:15
  Speaker 1: all the evidence, the jury looks at everything, and then
• 13:18
  Speaker 1: they decide one way or the other what they think.
• 13:21
  Speaker 1: And of course that decision should be guided by the evidence.
• 13:24
  Speaker 1: Kohlberger was studying for a PhD in criminology there. The
• 13:28
  Speaker 1: campus is about 10 miles from the University of Idaho
• 13:31
  Speaker 1: crime scene. Prosecutors revealed that they do not expect any
• 13:35
  Speaker 1: of the inconclusive DNA samples under Mogan's fingernails to belong
• 13:39
  Speaker 1: to Kohlberger because they believe the attacker wore clothes to
• 13:43
  Speaker 1: sufficiently cover himself up. Remember the essay that we went through?
• 13:47
  Speaker 1: Remember how Brian Kohlberger was talking about the crime scene
• 13:51
  Speaker 1: and how to secure one and how to clean one up? Well,
• 13:54
  Speaker 1: that sure comes back into play, huh? The defense sought
• 13:59
  Speaker 1: unsuccessfully to have a 2020 college essay Kohlberger wrote about
• 14:03
  Speaker 1: crime scene handling for DeSales University, where he studied for
• 14:07
  Speaker 1: a master's degree in criminal justice excluded from the trial.
• 14:11
  Speaker 1: There was no way that that was going to be excluded.
• 14:13
  Speaker 1: It provides foundation, and it also shows the jury that
• 14:17
  Speaker 1: this man knows what he was doing, at least in concept,
• 14:21
  Speaker 1: when it comes to crime scenes. So I can see
• 14:23
  Speaker 1: why Kohlberger didn't want it in, but it's more than relevant.
• 14:27
  Speaker 1: and there was no way that the judge was not
• 14:29
  Speaker 1: going to allow this piece of evidence. Judge Hipler also
• 14:33
  Speaker 1: took issue with a defense expert witness who said the
• 14:36
  Speaker 1: accused prosecutors of severe misconduct involving discovery materials regarding Koberger's
• 14:41
  Speaker 1: phone tracking records without evidence. I don't want theatrics, he
• 14:45
  Speaker 1: told Koberger's defense. I don't want accusations that aren't supported.
• 14:49
  Speaker 1: And this is what I was talking about. I think
• 14:51
  Speaker 1: this was the most crucial part of the whole entire hearing.
• 14:54
  Speaker 1: And I think that Elisa Massoth needs to tread lightly
• 14:58
  Speaker 1: because she was throwing all kinds of sass and attitude
• 15:01
  Speaker 1: at the judge and you could tell that Judge Hipler
• 15:03
  Speaker 1: really wasn't into it. So I think that moving forward,
• 15:07
  Speaker 1: she's going to have to be very careful when it
• 15:09
  Speaker 1: comes to, you know, the theatrics in the courtroom. You
• 15:12
  Speaker 1: can only go so far. At issue are timing advance records,
• 15:16
  Speaker 1: detailed location data from a phone that is only preserved
• 15:19
  Speaker 1: for seven days. The prosecution's initial search warrant sought this
• 15:24
  Speaker 1: information in November. Kohlberger wasn't identified as a suspect until
• 15:28
  Speaker 1: December 19th. Jennings said she did not have the records.
• 15:32
  Speaker 1: Hipler asked Taylor what evidence she had that they even exist.
• 15:37
  Speaker 1: And they don't have any evidence, and that's the problem.
• 15:39
  Speaker 1: Cy Ray made all of these allegations, all of these
• 15:42
  Speaker 1: statements in that affidavit, and they really have no evidence
• 15:45
  Speaker 1: to back up what he was saying. And Judge Hipler
• 15:48
  Speaker 1: finds that to be a problem. The hearing touched on
• 15:51
  Speaker 1: other issues such as whether Kohlberger's immediate family has a
• 15:54
  Speaker 1: right to courtroom seating. Prosecutors noted that some relatives will
• 15:58
  Speaker 1: be on the witness list and as such shouldn't be
• 16:01
  Speaker 1: allowed to observe testimony in the case prior to taking
• 16:04
  Speaker 1: the stand themselves. While Kohlberger's defense attorney Alyssa Massoth said
• 16:09
  Speaker 1: the family has no interest in helping the prosecution and
• 16:12
  Speaker 1: predicted that prosecutors would only call one relative at best,
• 16:16
  Speaker 1: Jennings revealed that prosecutors intend to call a few. The
• 16:20
  Speaker 1: defense wanted the 911 audio block from being played before
• 16:23
  Speaker 1: the jury. Hipler said he would likely allow it, but
• 16:26
  Speaker 1: redact some statements that could be considered hearsay. Similarly, he
• 16:31
  Speaker 1: said he would consider redacting portions of a traffic stop
• 16:34
  Speaker 1: in which Kohlberger had a back-and-forth with the officer in
• 16:37
  Speaker 1: the months before the murders. Prosecutors said they intended to
• 16:41
  Speaker 1: use it to show his ownership of the white Hyundai Elantra.
• 16:45
  Speaker 1: So the defense, they're worried that they're going to try
• 16:48
  Speaker 1: and use it as a prior bad acts initiator, basically. Saying, look,
• 16:52
  Speaker 1: Brian Kohlberger's a bad guy because he got pulled over.
• 16:55
  Speaker 1: And the prosecution says that's hogwash. Their only plan is
• 16:59
  Speaker 1: to show that Kohlberger owned that kind of vehicle. So
• 17:02
  Speaker 1: the judge is going to redact the conversation that Kohlberger
• 17:06
  Speaker 1: had with the officer out of that video before it's
• 17:09
  Speaker 1: shown to the jury. Massoff took issue with referring to
• 17:13
  Speaker 1: Kohlberger's car. as a suspect vehicle. You don't get to,
• 17:16
  Speaker 1: and I don't get to, tell the state how to
• 17:18
  Speaker 1: try their case, unless they're violating the rules of evidence,
• 17:21
  Speaker 1: Hipler said. And keep an eye on this, it's going
• 17:23
  Speaker 1: to be an ongoing thing with Alyssa Massoth throughout this
• 17:26
  Speaker 1: whole trial. And like I was saying yesterday, I think
• 17:28
  Speaker 1: that she's going to be the attack dog for the
• 17:31
  Speaker 1: defense as this all unfolds, and certainly when we get
• 17:34
  Speaker 1: to the trial phase. Hippler appeared unsympathetic to the defense
• 17:38
  Speaker 1: opposition to including Kohlberger's Amazon records, which show the purchase
• 17:43
  Speaker 1: of a K-Bar knife and sheath set before the murders,
• 17:46
  Speaker 1: as well as searching the app for the same items
• 17:49
  Speaker 1: after the murders. So the whole argument that he made
• 17:52
  Speaker 1: about his family having access, BS. Nobody's buying that. And obviously,
• 17:58
  Speaker 1: with the knife being purchased from this account, then him
• 18:01
  Speaker 1: looking for it again allegedly after the murders, what does
• 18:04
  Speaker 1: that tell you? And look, if it was just that
• 18:06
  Speaker 1: on its own, I'd say circumstantial and it means nothing.
• 18:10
  Speaker 1: But when you add the fact that, you know, his
• 18:12
  Speaker 1: DNA was found on that knife sheath or a very
• 18:15
  Speaker 1: similar knife sheath, yeah, kind of a problem for Brian Kohlberger.
• 18:20
  Speaker 1: Maybe I'm completely out to lunch, but as I understand it,
• 18:23
  Speaker 1: to buy something on Amazon, you gotta put in your
• 18:26
  Speaker 1: shopping cart and hit purchase, the judge said. Hipler said
• 18:30
  Speaker 1: that he would take the defense motion to block surviving
• 18:32
  Speaker 1: roommate DM from using the phrase bushy eyebrows During her testimony,
• 18:37
  Speaker 1: Taylor also revealed that in addition to DM's text messages
• 18:41
  Speaker 1: and phone history that were released last month, the roommate's
• 18:44
  Speaker 1: phone data shows she was also editing photos, saving new contacts,
• 18:48
  Speaker 1: using social media, and a whole lot more. Hipler said
• 18:52
  Speaker 1: that while older adults may pick up the phone and
• 18:55
  Speaker 1: call someone, younger people are just as likely to reach
• 18:58
  Speaker 1: out over social media. And he's not wrong about that.
• 19:02
  Speaker 1: I mean, I'm not exactly what you would call a
• 19:04
  Speaker 1: younger person. Fuck, I'm 45. But I don't really like
• 19:08
  Speaker 1: to use the phone. Now, if it's an emergency and
• 19:11
  Speaker 1: I saw something like these girls stumbled into, obviously I'm
• 19:14
  Speaker 1: using the phone. But we have to remember that young
• 19:17
  Speaker 1: people are, you know, doing different things. They have a
• 19:21
  Speaker 1: different way of living life than you and me. And
• 19:25
  Speaker 1: a lot of that has to do with social media.
• 19:28
  Speaker 1: I'll be interested to hear the testimony of the two
• 19:30
  Speaker 1: young ladies, he said, referring to Diem and the other
• 19:33
  Speaker 1: surviving roommate identified in court documents as BF. Kohlberger could
• 19:37
  Speaker 1: face the death penalty if convicted, unless Hippler rules in
• 19:40
  Speaker 1: his favor on one of the motions to strike it.
• 19:43
  Speaker 1: A judge entered a not guilty plea on his behalf
• 19:46
  Speaker 1: in May of 2023, and the trial is expected to
• 19:49
  Speaker 1: begin on August 11th. And I expect there to be
• 19:52
  Speaker 1: some more curveballs on our way to getting to that portion.
• 19:56
  Speaker 1: We still have quite a ways to get there, and
• 19:58
  Speaker 1: a lot can happen. You got Brian Koberger and his
• 20:01
  Speaker 1: team saying that there is an alternative suspect, and I
• 20:05
  Speaker 1: won't just discount it out of hand. Let's see the evidence.
• 20:08
  Speaker 1: Let's see what you have. And if they have evidence
• 20:10
  Speaker 1: that's compelling, well, we'll reevaluate based on the evidence. But
• 20:14
  Speaker 1: as of now, it sure doesn't look good for Kohlberger.
• 20:17
  Speaker 1: And I don't think that there was too much light
• 20:19
  Speaker 1: at the end of the tunnel during this hearing either.
• 20:21
  Speaker 1: I don't think too many things went Brian Kohlberger's way.
• 20:25
  Speaker 1: And I don't think that when the judge makes the
• 20:27
  Speaker 1: rest of the rulings, it's going to be any different.
• 20:30
  Speaker 1: So over the next few days, we'll keep an eye
• 20:32
  Speaker 1: out for those rulings. And once we have some more information, obviously,
• 20:36
  Speaker 1: we'll get that added to the catalog. And as far
• 20:39
  Speaker 1: as the court documents go, we definitely have some more
• 20:41
  Speaker 1: of those on the way over the weekend. As for
• 20:44
  Speaker 1: this one, well, that's going to do it. All of
• 20:47
  Speaker 1: the information that goes with this episode can be found
• 20:51
  Speaker 1: in the description box.