Latest / Beyond The Horizon / Mega Edition: Judge Judge Warns Kohberger And The State About Contacting Potential Jurors (10/14/26)

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Mega Edition: Judge Judge Warns Kohberger And The State About Contacting Potential Jurors (10/14/26) · 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 spin back up to Idaho,
• 0:06
  Speaker 1: and we're going to check in on what's going on
• 0:08
  Speaker 1: with Brian Koberger and his trial, as Judge Judge has
• 0:13
  Speaker 1: now banned both sides from contacting prospective jurors. Now, I
• 0:17
  Speaker 1: would think that that wouldn't be something that either side
• 0:20
  Speaker 1: would try to do anyway, but I guess that's something
• 0:23
  Speaker 1: that the judge has to be involved in. And it's
• 0:27
  Speaker 1: a good thing, in my opinion. Let's get all of
• 0:29
  Speaker 1: the rules laid out now. Let's make sure that there's
• 0:31
  Speaker 1: no confusion. That way, later on down the road, there's
• 0:35
  Speaker 1: none of this nonsense where you have people complaining that
• 0:38
  Speaker 1: they didn't know what the score was or that they
• 0:40
  Speaker 1: were getting a bad deal. Because, in my opinion, Judge
• 0:43
  Speaker 1: Judge has done a very good job here managing a
• 0:47
  Speaker 1: very difficult case. And as you all know, I'm not
• 0:52
  Speaker 1: usually too friendly to the system, right? I'm not a
• 0:54
  Speaker 1: big fan of the DOJ system. Certainly not a big
• 0:57
  Speaker 1: fan of the court system. So when a judge does
• 1:01
  Speaker 1: something the right way, I want to make sure that
• 1:03
  Speaker 1: we give him his props, right? And in my opinion,
• 1:07
  Speaker 1: Judge Judge is doing everything in his power to keep
• 1:09
  Speaker 1: things moving here. And if he tries to, you know,
• 1:13
  Speaker 1: finagle it and push things through without the proper adjudication,
• 1:17
  Speaker 1: then later on down the road, Brian Kohlberger is going
• 1:20
  Speaker 1: to be up for an appeal for And the chances
• 1:22
  Speaker 1: of him having a successful appeal, they increase tremendously if
• 1:26
  Speaker 1: there was some kind of screw-up as far as the
• 1:29
  Speaker 1: judge goes or as far as the process goes. So
• 1:32
  Speaker 1: it's very important to get everything right. But with that said,
• 1:35
  Speaker 1: I agree that the time frame should be sped up
• 1:38
  Speaker 1: a bit here. I think waiting until 2025, it's a
• 1:42
  Speaker 1: very long time. And I always thought that the summer
• 1:46
  Speaker 1: of this year would be a proper time for this
• 1:48
  Speaker 1: trial to kick off. but obviously with the amount of
• 1:51
  Speaker 1: evidence that they still have to go through, that's not
• 1:54
  Speaker 1: going to take place. So we have to deal with
• 1:57
  Speaker 1: the cards that we were dealt, and unfortunately we'll just
• 1:59
  Speaker 1: have to hold those cards until we play the hand
• 2:02
  Speaker 1: when the trial gets here. But until then, why don't
• 2:06
  Speaker 1: we dive into this article from Fox News, and let's
• 2:08
  Speaker 1: get caught up. Headline, Brian Koberger case, Idaho judge, bans
• 2:14
  Speaker 1: both sides from contacting prospective jurors. This article was authored
• 2:18
  Speaker 1: by Michael Ruiz. The judge overseeing the murder case against
• 2:24
  Speaker 1: University of Idaho stabbing suspect Brian Kohlberger has barred prosecutors
• 2:29
  Speaker 1: and the defense from contacting potential jurors without express permission
• 2:33
  Speaker 1: from the court. And with the gag order and all
• 2:36
  Speaker 1: of the other restrictions that are in place here, you
• 2:38
  Speaker 1: would think that both sides already know not to speak
• 2:41
  Speaker 1: to potential jurors, but the judge is just reiterating here
• 2:45
  Speaker 1: by dropping this order onto the docket. That way there
• 2:48
  Speaker 1: is no confusion. It comes as the 29-year-old criminologist's defense
• 2:53
  Speaker 1: is hoping for a change of venue from Idaho's Latah County,
• 2:57
  Speaker 1: a community of about 40,000, where Kohlberger allegedly barged into
• 3:01
  Speaker 1: an off-campus rental house and massacred four students at 4 a.m.
• 3:06
  Speaker 1: on a Saturday night in November 2022. The attack killed
• 3:11
  Speaker 1: 21-year-old Madison Mogan and Kaylee Gonsalves and 20-year-old Zanna Carnodle
• 3:17
  Speaker 1: and Ethan Chapin. in a six-bedroom house on King Road,
• 3:20
  Speaker 1: steps off of the campus. Two other housemates survived, including
• 3:25
  Speaker 1: the only publicly known eyewitness. And while I think that
• 3:28
  Speaker 1: the testimony is going to be strong, I don't think
• 3:33
  Speaker 1: that the testimony is going to send Brian Kohlberger to
• 3:35
  Speaker 1: prison one way or the other. I do, however, think
• 3:38
  Speaker 1: that it's going to reinforce the other evidence that they
• 3:41
  Speaker 1: already have. And when you have all of the building
• 3:44
  Speaker 1: blocks that we see here, I don't think it's going
• 3:47
  Speaker 1: to be too difficult for the prosecution to get this
• 3:49
  Speaker 1: ball over the goal line. Now, does that mean that
• 3:53
  Speaker 1: they're not going to have any missteps along the way?
• 3:55
  Speaker 1: Of course not. I can't see the future. But from
• 3:58
  Speaker 1: what we have seen so far and the evidence that's
• 4:01
  Speaker 1: been presented, I haven't seen one single thing that would
• 4:04
  Speaker 1: lead me to believe that Brian Koberger is not being
• 4:07
  Speaker 1: treated fairly, that he's not being given every chance in
• 4:11
  Speaker 1: the world to provide the evidence that's needed to get
• 4:14
  Speaker 1: his name clear. And thus far, he's failed at that task.
• 4:19
  Speaker 1: Prosecuting attorney Bill Thompson requested the judge's order in a
• 4:23
  Speaker 1: motion filed under seal. Kohlberger's defense team, led by Kootenai
• 4:27
  Speaker 1: County Public Defender Ann Taylor, objected in another filing under seal.
• 4:32
  Speaker 1: And this is what I'm talking about. Everything is pretty
• 4:35
  Speaker 1: much being done under seal. And with the gag order,
• 4:38
  Speaker 1: you can't get clarification from either side. And that's because
• 4:42
  Speaker 1: of the gag order, right? The defense and the prosecution,
• 4:45
  Speaker 1: neither side can provide any context besides what's going on
• 4:49
  Speaker 1: in the court documents. So besides following along with those
• 4:53
  Speaker 1: court documents and trying to make heads or tails of
• 4:56
  Speaker 1: things that are filed under seal, it's almost impossible to
• 4:59
  Speaker 1: know what the deal is. Both parties are prohibited from
• 5:03
  Speaker 1: contacting potential jurors about this case. including via third parties,
• 5:07
  Speaker 1: until further order of this court. Judge John Judge wrote
• 5:10
  Speaker 1: in a short order on March 22nd, but made public
• 5:14
  Speaker 1: Monday evening. A hearing on this issue will be held
• 5:17
  Speaker 1: as soon as practicable. And there have been several documents
• 5:21
  Speaker 1: to hit the docket, but none of them of consequence,
• 5:24
  Speaker 1: and all of them very short, sweet, and to the point.
• 5:28
  Speaker 1: So once we have more documents, obviously, that are of consequence,
• 5:32
  Speaker 1: we'll get them added to the catalog. But until then,
• 5:34
  Speaker 1: we're pretty much in a holding pattern. David Gelman, a
• 5:38
  Speaker 1: New Jersey-based defense attorney and former prosecutor who has been
• 5:42
  Speaker 1: following the case, told Fox News Digital the judge's order
• 5:46
  Speaker 1: is unusual. Jury contact has long been forbidden, and attorneys
• 5:51
  Speaker 1: should not have to be ordered to abide by this rule,
• 5:53
  Speaker 1: he said. By way of example, there are a litany
• 5:56
  Speaker 1: of cases where criminal cases had to be moved to
• 5:59
  Speaker 1: different venues because of pretrial publicity sometimes caused by the litigants.
• 6:04
  Speaker 1: So definitely not something that is normal, right? This is
• 6:09
  Speaker 1: just pretty much the way it goes. Usually you don't
• 6:12
  Speaker 1: talk to potential jurors. But for whatever reason, Judge Judge
• 6:17
  Speaker 1: feels like he has to reiterate here that neither side
• 6:20
  Speaker 1: should be doing it. So that leads me to believe
• 6:23
  Speaker 1: that one side or both was attempting to talk to
• 6:27
  Speaker 1: potential jurors perhaps. Judges often try to avoid potential damage
• 6:32
  Speaker 1: to the jury pool by keeping information about the case
• 6:35
  Speaker 1: under wraps, and a gag order has been in place
• 6:38
  Speaker 1: since almost the moment prosecutors announced Kohlberger as their suspect.
• 6:43
  Speaker 1: Most of the case's filings have also been made under seal,
• 6:46
  Speaker 1: and that's what I'm talking about. There's just a lot
• 6:49
  Speaker 1: going on here behind the scenes still, and it might
• 6:52
  Speaker 1: look like things are stuck in the mud, but that's
• 6:54
  Speaker 1: not the case. We have a lot going on behind
• 6:57
  Speaker 1: the scenes. The problem is we're just not privy to it.
• 7:02
  Speaker 1: Judges want to avoid jurors being given information about the
• 7:04
  Speaker 1: case that could impact their ability to hear the case
• 7:07
  Speaker 1: fairly and impartially, Gelman said. Even the reasoning behind the
• 7:12
  Speaker 1: prosecution's request for the order was filed under seal. Gelman
• 7:16
  Speaker 1: said it may contain clues as to what is going
• 7:19
  Speaker 1: on behind the scenes. Oh, 100%. There is no doubt
• 7:20
  Speaker 1: that There is a lot of jockeying going on that
• 7:26
  Speaker 1: we're just not hip to, like I said a second ago.
• 7:29
  Speaker 1: Both sides have their secrets. Both sides have their strategy.
• 7:32
  Speaker 1: And it's going to be up to the judge to
• 7:34
  Speaker 1: maintain order here and not let one side run roughshod
• 7:37
  Speaker 1: over the other. I can't help but think that something
• 7:41
  Speaker 1: happened which prompted the judge's order, and he is probably
• 7:44
  Speaker 1: defining contact to include some type of behavior that he's
• 7:48
  Speaker 1: concerned about, he said. For instance, some type of juror
• 7:51
  Speaker 1: research that might result in some type of social media contact. So,
• 7:56
  Speaker 1: they're just covering their bases, and I think once again
• 7:59
  Speaker 1: it points directly at Judge Judge being the right man
• 8:02
  Speaker 1: for the job here. For me, the whole entire point
• 8:05
  Speaker 1: is to make sure that there is nothing that is
• 8:08
  Speaker 1: able to be appealed. So if it takes a little
• 8:11
  Speaker 1: bit longer, as frustrating as that might be, so be it.
• 8:15
  Speaker 1: Let's make sure that we have it right. It's not
• 8:17
  Speaker 1: about being first. It's about being right. So the prosecution
• 8:21
  Speaker 1: has to make sure that everything is locked in. Earlier
• 8:25
  Speaker 1: this year, Kohlberger's defense filed a motion for a change
• 8:28
  Speaker 1: of venue. to take the case outside of Latah County,
• 8:31
  Speaker 1: where they argued the tight-knit small community would be biased
• 8:35
  Speaker 1: against them. And I don't buy that, considering the way
• 8:38
  Speaker 1: we're all connected as far as social media. I don't
• 8:41
  Speaker 1: think anybody out there who's from Latah County or anywhere
• 8:45
  Speaker 1: hasn't heard about Brian Koberger. So we know that the
• 8:49
  Speaker 1: Supreme Court has already said that pretrial publicity doesn't mean
• 8:53
  Speaker 1: that it's prejudicial. So we'll have to see how it
• 8:56
  Speaker 1: all breaks, right? There's nothing saying that what's going on
• 8:59
  Speaker 1: is prejudicial to Brian Kohlberger. And certainly no evidence that
• 9:03
  Speaker 1: jurors from Latah County can't do the right thing here.
• 9:05
  Speaker 1: A fair and impartial jury cannot be found in Latah County.
• 9:09
  Speaker 1: Owing to the extensive inflammatory pretrial publicity, allegations made about Mr.
• 9:14
  Speaker 1: Kohlberger to the public, by the media, that will be
• 9:17
  Speaker 1: inadmissible at his trial. The small size of the community,
• 9:21
  Speaker 1: the salacious nature of the alleged crimes, and the severity
• 9:24
  Speaker 1: of the charges Mr. Kohlberger faces, Taylor wrote in late January.
• 9:29
  Speaker 1: Kohlberger of Pennsylvania was attending Washington State University in pursuit
• 9:33
  Speaker 1: of a criminology Ph.D. at the time of the murders.
• 9:37
  Speaker 1: And Ann Taylor's contention, obviously, is that, this being such
• 9:40
  Speaker 1: a small town, that Brian Koberger can't get a fair shake,
• 9:44
  Speaker 1: and that the only way for Brian Koberger to get
• 9:46
  Speaker 1: a fair trial is to move that trial. However, we
• 9:50
  Speaker 1: have seen in the past that fail miserably, and I
• 9:53
  Speaker 1: expect it to fail miserably here as well. The campus
• 9:57
  Speaker 1: is in Pullman, Washington, a 10-minute drive from Moscow, Idaho,
• 10:01
  Speaker 1: where the students were killed. Moscow is the seat of
• 10:04
  Speaker 1: the Latah County and home to about half of its population,
• 10:08
  Speaker 1: not including students at the university. Changes of venue can
• 10:11
  Speaker 1: be rare but can happen in high-profile cases, such as
• 10:15
  Speaker 1: the double murder trials of Idaho's cult mom Lori Vallow
• 10:19
  Speaker 1: and California's Scott Peterson. Thompson, the lead prosecutor, has countered
• 10:23
  Speaker 1: that the case has already received global attention and media
• 10:27
  Speaker 1: coverage and that a change of venue would not be necessary.
• 10:31
  Speaker 1: And I fall into that category. I don't think a
• 10:34
  Speaker 1: change of venue is necessary here. I don't think that
• 10:37
  Speaker 1: it's going to change one single thing. And in fact,
• 10:39
  Speaker 1: all I think it'll do is gum things up a
• 10:41
  Speaker 1: little bit more. So if they want to bring a
• 10:44
  Speaker 1: jury in from a different county, like we're seeing down
• 10:46
  Speaker 1: in Delphi, okay, I get that. but moving the trial?
• 10:50
  Speaker 1: No shot. And that's because it'll cause a logistical nightmare.
• 10:54
  Speaker 1: So I hope that they decide to keep it in
• 10:56
  Speaker 1: Latah County. But either way, we're going to be here
• 10:59
  Speaker 1: the whole entire time and we'll see how it all breaks.
• 11:02
  Speaker 1: But until then, that's going to do it for this one.
• 11:04
  Speaker 1: All of the information that goes with this episode can
• 11:07
  Speaker 1: be found in the description box. What's up everyone and
• 11:10
  Speaker 1: welcome back to the program. After many delays and much
• 11:14
  Speaker 1: back and forth, We finally have a trial date for
• 11:18
  Speaker 1: Brian Koberger up in Moscow. And this all occurred yesterday
• 11:22
  Speaker 1: during the hearing when he appeared before Judge John Judge
• 11:26
  Speaker 1: in hopes that they could come to some sort of agreement,
• 11:28
  Speaker 1: some sort of decision when it comes to a trial date.
• 11:33
  Speaker 1: And it looks like they finally have. And if you're
• 11:36
  Speaker 1: the family members, you have to be over the moon
• 11:38
  Speaker 1: about this. Finally, the train has left the station and
• 11:41
  Speaker 1: that means that hopefully justice is on the way. Now,
• 11:45
  Speaker 1: we still are a long way off from any convictions
• 11:49
  Speaker 1: or anything like that, obviously. But to know that we
• 11:52
  Speaker 1: have a trial date, to know that things are moving
• 11:54
  Speaker 1: in the right direction, that's a big deal. And it's
• 11:57
  Speaker 1: an even bigger deal for the families. All of us
• 12:00
  Speaker 1: are sitting here on the sidelines and we're all outraged, right?
• 12:03
  Speaker 1: But how do you think the family members feel? And
• 12:06
  Speaker 1: I know that we've heard from the Gonsalves family a lot,
• 12:09
  Speaker 1: but I'm sure that the other family members of the
• 12:11
  Speaker 1: other victims, they have a lot to say about this too.
• 12:14
  Speaker 1: They just might be a little more reserved. They don't
• 12:16
  Speaker 1: want the attention. They don't want the spotlight. They just
• 12:19
  Speaker 1: want to get on with the trial phase of this
• 12:22
  Speaker 1: and hold somebody to account for murdering their loved ones.
• 12:25
  Speaker 1: And thankfully, it looks like we're getting to that point. Now,
• 12:28
  Speaker 1: with that said, we always have to keep in mind
• 12:30
  Speaker 1: that things can change. There can be another delay. Something
• 12:34
  Speaker 1: could pop up that throws everything into chaos. You know,
• 12:37
  Speaker 1: there's a lot of variables and a whole lot of
• 12:39
  Speaker 1: time between now and then. So we always have to
• 12:42
  Speaker 1: keep in mind that things can rapidly change. Maybe the
• 12:45
  Speaker 1: defense is successful with some of their, you know, inquiries here.
• 12:50
  Speaker 1: Maybe they get something thrown out. Maybe they show that
• 12:52
  Speaker 1: there was prosecutorial misconduct. And obviously all of those are
• 12:56
  Speaker 1: just scenarios that could happen, but they're all possible. So
• 13:01
  Speaker 1: I wouldn't get too excited and start marking my calendars
• 13:04
  Speaker 1: just yet. However, I think with Judge Judge putting this
• 13:09
  Speaker 1: date on the books... and both sides being down with it,
• 13:13
  Speaker 1: I think the likelihood of this being the kickoff date
• 13:16
  Speaker 1: is pretty strong. But like everything else, I always leave
• 13:19
  Speaker 1: that headroom. We've seen things change rapidly way too many times,
• 13:22
  Speaker 1: and that certainly could be the case here at some point.
• 13:25
  Speaker 1: But for now, we have a trial date, and today
• 13:28
  Speaker 1: we're going to talk about it using the Spokesman Review. Headline,
• 13:33
  Speaker 1: Judge Sets Murder Trial Date for Brian Koberger, the Suspect
• 13:36
  Speaker 1: in the Moscow College Student Deaths. This article was authored
• 13:40
  Speaker 1: by Kevin Fixler. The trial date for Brian Koberger, the
• 13:45
  Speaker 1: suspect in the University of Idaho student homicides, is set.
• 13:49
  Speaker 1: But where the trial may be held is still undecided.
• 13:52
  Speaker 1: I can't believe that argument's still happening. It's one of
• 13:55
  Speaker 1: my biggest gripes with this whole thing. Why are we
• 13:57
  Speaker 1: wasting time talking about venue changes? Everybody in Idaho knows
• 14:02
  Speaker 1: who Brian Koberger is. I don't care where you go.
• 14:06
  Speaker 1: I mean, at this point, Nanook of the North knows
• 14:09
  Speaker 1: who Brian Kohlberger is. Never mind some guy living in
• 14:12
  Speaker 1: some small town in Idaho. Everybody has the internet. Everybody has,
• 14:16
  Speaker 1: you know, satellite TV or whatever. It's not like the
• 14:20
  Speaker 1: old days. And this is still a point of contention.
• 14:23
  Speaker 1: This is still gumming things up. So my one big
• 14:26
  Speaker 1: gripe with all of these delays has been this whole
• 14:29
  Speaker 1: change of venue BS. This is nothing more than a
• 14:32
  Speaker 1: stall tactic and another way for the defense to stretch
• 14:35
  Speaker 1: things out. Judge John Judge of Idaho's 2nd Judicial District
• 14:39
  Speaker 1: in Latah County at a hearing Thursday scheduled Kohlberger's murder
• 14:42
  Speaker 1: trial for June next year and planned for a three-month-long trial.
• 14:46
  Speaker 1: That timeline would carry that trial through most of August
• 14:50
  Speaker 1: of 2025. And can you imagine what kind of circus-like
• 14:53
  Speaker 1: atmosphere is going to be up there in Idaho? I mean,
• 14:55
  Speaker 1: look at what's going on with Karen Reed. Take a
• 14:58
  Speaker 1: look at what's going on in Delphi. And can you
• 15:01
  Speaker 1: imagine what this is going to be like? There's going
• 15:03
  Speaker 1: to be a lot of people up here, folks. A
• 15:05
  Speaker 1: lot of people. And a lot of those people are
• 15:08
  Speaker 1: going to have main character syndrome. Have you seen what's
• 15:10
  Speaker 1: going on with that Karen Reid trial? Talk about a
• 15:13
  Speaker 1: bunch of ingrates. All those people who have inserted themselves
• 15:17
  Speaker 1: into the story really have no business ever following a
• 15:20
  Speaker 1: case ever again. And the people that are supporting those
• 15:24
  Speaker 1: sorts of folks, I mean, for real, for real, it's
• 15:27
  Speaker 1: all just absurd. You have like factions forming and treating
• 15:31
  Speaker 1: it like it's some kind of football game or something.
• 15:34
  Speaker 1: A man lost his life, and a woman's on trial
• 15:36
  Speaker 1: for hers. And you're gonna get out here and try
• 15:39
  Speaker 1: and make it about you? Competing factions? Get a grip already.
• 15:43
  Speaker 1: And as we move closer to the trial portion here,
• 15:46
  Speaker 1: I expect the same sort of thing. You know there's
• 15:48
  Speaker 1: gonna be people out there that are acting the fool.
• 15:50
  Speaker 1: As I look through all of this, there's going to
• 15:52
  Speaker 1: be a lot of motions, a lot of hearings, a
• 15:54
  Speaker 1: lot of work, judge told the court on Thursday. And
• 15:57
  Speaker 1: I tried to balance this out, and I do think
• 15:59
  Speaker 1: it's a pretty fair balance. And I hope that it's realistic.
• 16:03
  Speaker 1: And I think it is. I think that's plenty of
• 16:05
  Speaker 1: time for this trial, honestly. We're talking about roughly three months.
• 16:09
  Speaker 1: And with how complex this is and how much evidence
• 16:12
  Speaker 1: there is here, yeah, I think three months is the
• 16:15
  Speaker 1: right way to go. And then obviously, if you need
• 16:17
  Speaker 1: to change it, then I'm sure that you can get
• 16:19
  Speaker 1: both sides to the table. And you can figure something
• 16:22
  Speaker 1: out from there. But I think that three months is
• 16:24
  Speaker 1: going to be sufficient with the amount of evidence that
• 16:26
  Speaker 1: we're going to see in this case. Remember, this is complex.
• 16:29
  Speaker 1: We're talking about four people being murdered. And not only that,
• 16:32
  Speaker 1: but you have federal agencies working with state agencies. So
• 16:36
  Speaker 1: there's a lot going on. And there's going to be
• 16:39
  Speaker 1: a lot of evidence presented come trial time. After the hearing,
• 16:43
  Speaker 1: Judge issued his written order for the trial to begin
• 16:45
  Speaker 1: on June 2nd, 2025 and run through August 29th, 2025.
• 16:50
  Speaker 1: The filing lists a slew of other motions and hearing
• 16:54
  Speaker 1: deadlines leading up to the closely watched case. Judge said
• 16:58
  Speaker 1: he expected it to take two weeks to see the
• 17:00
  Speaker 1: jury and eight weeks for the trial. And all of
• 17:03
  Speaker 1: that seems to add up like I was just saying.
• 17:05
  Speaker 1: When you look at these other big trials, these other
• 17:07
  Speaker 1: trials of note, that's usually what goes down. And I
• 17:11
  Speaker 1: think that our best blueprint here is to look at
• 17:13
  Speaker 1: what went down with Chad Daybell and Lori Vallow. Very
• 17:17
  Speaker 1: high profile cases located right in Idaho under the same rules, right?
• 17:22
  Speaker 1: The state rules that they have to follow for Daybell
• 17:25
  Speaker 1: and Vallow. Same rules they have to follow with Koberger.
• 17:28
  Speaker 1: So I think that the blueprint is there. And I
• 17:31
  Speaker 1: think that we can take a lot from those trials,
• 17:33
  Speaker 1: Vallow and Daybell, and extrapolate that and move it over
• 17:37
  Speaker 1: to Koberger's trial, logistically speaking. Kohlberger, 29, faces four first-degree
• 17:43
  Speaker 1: murder charges in the stabbing deaths of the U of
• 17:45
  Speaker 1: I students in November of 2022. The victims were seniors
• 17:50
  Speaker 1: Kaylee Gonsalves and Madison Mogan, both 21, junior Zanna Kernodle,
• 17:54
  Speaker 1: and freshman Ethan Chapin. Sentencing, if Kohlberger is convicted, could
• 17:59
  Speaker 1: take up to two weeks, Judge said, including arguments for
• 18:02
  Speaker 1: and against execution. prosecutors intend to seek the death penalty
• 18:07
  Speaker 1: for Kohlberger. And keep in mind, the burden of proof
• 18:10
  Speaker 1: is knocked to another level when you're looking for that
• 18:13
  Speaker 1: death penalty. So you're going to have to prove everything.
• 18:16
  Speaker 1: You can't leave anything on the table. And as prosecutors,
• 18:19
  Speaker 1: you better make sure you have everything tied in and
• 18:21
  Speaker 1: locked up because Ann Taylor, who is a competent lawyer,
• 18:25
  Speaker 1: as we've all seen, is going to challenge every single motion,
• 18:29
  Speaker 1: every step of the way. So the prosecution better have
• 18:32
  Speaker 1: everything tied up and ready to go, because if not,
• 18:35
  Speaker 1: they could face serious issues. We've seen it with Lori Vallow.
• 18:39
  Speaker 1: We've seen it time and time again. Prosecutors and Koberger's
• 18:43
  Speaker 1: public defense team offered no objections to Judge's proposed timeline.
• 18:47
  Speaker 1: The scheduled date met the prosecutor's prior request for a
• 18:50
  Speaker 1: trial over the summer to avoid conflicts with the local
• 18:53
  Speaker 1: high school and the academic calendar for UI in Moscow,
• 18:57
  Speaker 1: where the four victims attended college. Ann Taylor, Koberger's lead
• 19:01
  Speaker 1: public defender, called the trial schedule reasonable, but noted she
• 19:05
  Speaker 1: had yet to present evidence over her push to move
• 19:07
  Speaker 1: the trial out of Latah County over concerns of local
• 19:11
  Speaker 1: juror bias against her client. The prosecution opposes moving the
• 19:15
  Speaker 1: trial elsewhere in the state, and a hearing over the
• 19:18
  Speaker 1: issue is scheduled for August 29th. If that motion is granted,
• 19:22
  Speaker 1: the court anticipates that the trial dates will not change,
• 19:25
  Speaker 1: although the location of the trial would, Judge said in
• 19:28
  Speaker 1: his written order. The hearing Thursday, which Koberger attended, wearing
• 19:32
  Speaker 1: a navy blue suit and tie, lasted less than 15 minutes.
• 19:35
  Speaker 1: Seated next to Taylor, he stood up at its conclusion,
• 19:39
  Speaker 1: was directed by a bailiff, and shuffled out of sight
• 19:41
  Speaker 1: of the court's live web stream wearing shackles around his ankles. Well,
• 19:46
  Speaker 1: get used to that, buddy. That's going to be your
• 19:49
  Speaker 1: attire for quite some time if this evidence holds. At
• 19:52
  Speaker 1: the time of the homicides, Koberger was a graduate student
• 19:55
  Speaker 1: at Washington State University in nearby Pullman. He was arrested
• 19:59
  Speaker 1: about seven weeks after the homicides in December 2022 while
• 20:03
  Speaker 1: visiting his parents in eastern Pennsylvania during the winter break
• 20:06
  Speaker 1: from school. Koberger was arraigned in May 2023 and stood
• 20:10
  Speaker 1: silent when asked for his plea to the charges, which
• 20:13
  Speaker 1: also includes one felony burglary count. Judge entered a plea
• 20:17
  Speaker 1: of not guilty on Koberger's behalf and set a trial
• 20:20
  Speaker 1: date of October of 2023. Until Thursday, that initial date
• 20:24
  Speaker 1: was indefinitely postponed after Koberger later waived his right to
• 20:28
  Speaker 1: a speedy trial within six months of his arraignment. And
• 20:31
  Speaker 1: in high profile cases like this with a lot of evidence,
• 20:34
  Speaker 1: that's pretty common. Because there's so much evidence to get through,
• 20:37
  Speaker 1: people want to give their defense team time to go
• 20:39
  Speaker 1: through that evidence properly and make sure that they're not
• 20:42
  Speaker 1: missing anything. So you'll see people like this wave their
• 20:45
  Speaker 1: right to a speedy trial and it could knock things
• 20:48
  Speaker 1: into a different century almost. We're about 13 months from
• 20:52
  Speaker 1: the arraignment and I think at this point, this is
• 20:54
  Speaker 1: my opinion, that we're getting the point of diminishing returns.
• 20:58
  Speaker 1: Judge said Thursday. He then proposed June 2025 for the
• 21:02
  Speaker 1: high-profile murder trial. The parents of Kaylee Gonsalves have been
• 21:06
  Speaker 1: some of the biggest proponents of scheduling a trial date
• 21:10
  Speaker 1: and also criticized the perceived slow pace of the legal
• 21:13
  Speaker 1: process to this point. In a statement to the statesman
• 21:16
  Speaker 1: on Thursday through their attorney, the Gonsalveses said they hope
• 21:20
  Speaker 1: that the trial remained in Latah County to help avoid
• 21:23
  Speaker 1: any further delays. And I think most people feel that way.
• 21:27
  Speaker 1: Anybody who was involved or affected People who live in Moscow,
• 21:31
  Speaker 1: Leyta County, they want it there. If you commit the
• 21:34
  Speaker 1: crime in the county that I live in, then I
• 21:36
  Speaker 1: want you to face the punishment in that same county.
• 21:40
  Speaker 1: That's how it's all set up. That's how our system works.
• 21:43
  Speaker 1: And I don't think Brian Koberger should be allowed to dip, duck,
• 21:46
  Speaker 1: and dodge and get out of it. It was a
• 21:49
  Speaker 1: good day today. We were able to get a trial
• 21:51
  Speaker 1: date set and things appear to be moving forward. The
• 21:53
  Speaker 1: Gonsalves family said, We moved a little closer to justice
• 21:57
  Speaker 1: today for Kaylee, Maddie, Zanna, and Ethan. Thank you again
• 22:01
  Speaker 1: for all of your support and prayers. It means a
• 22:03
  Speaker 1: lot to our family. If Kohlberger is convicted, the jury
• 22:07
  Speaker 1: would have to reach a unanimous decision to sentence him
• 22:10
  Speaker 1: to death per Idaho law. And I don't think that'll
• 22:13
  Speaker 1: be a problem. I mean, again, considering what we just
• 22:16
  Speaker 1: saw with Chad Daybell. I highly doubt that if Brian
• 22:19
  Speaker 1: Kohlberger is convicted of murdering four people with his own hands,
• 22:23
  Speaker 1: that he's not going to get the death penalty. I
• 22:26
  Speaker 1: have a very, very hard time believing that. But if
• 22:28
  Speaker 1: I learned one thing when it comes to following along
• 22:31
  Speaker 1: with these trials, it's that anything can happen, and that
• 22:34
  Speaker 1: you better have your seatbelt locked in because you're in
• 22:36
  Speaker 1: for a wild ride. The good news is, we're going
• 22:39
  Speaker 1: to be here every step of the way, breaking it
• 22:42
  Speaker 1: all down as it happens. As for this one, well,
• 22:45
  Speaker 1: that's going to do it. All of the information that
• 22:48
  Speaker 1: goes with this episode can be found in the description box.
• 22:51
  Speaker 1: What's up everyone and welcome back to the program. Brian
• 22:55
  Speaker 1: Koberger's legal team was attempting to get the training files
• 22:59
  Speaker 1: for three of the officers who played a key role
• 23:03
  Speaker 1: in investigating the murders in Moscow and interviewing witnesses and
• 23:08
  Speaker 1: Brian Koberger. Well, now Judge Judge has ruled that this
• 23:13
  Speaker 1: information has to be turned over to Brian Koberger's team.
• 23:17
  Speaker 1: The prosecution has been reticent to do so, saying that
• 23:21
  Speaker 1: these officers aren't going to be called as witnesses, so
• 23:25
  Speaker 1: their training records shouldn't have anything to do with this trial.
• 23:30
  Speaker 1: The court, however, disagrees, and Judge Judge's new ruling certainly
• 23:35
  Speaker 1: reflects that. Now, Judge Judge has made the ruling that
• 23:39
  Speaker 1: the prosecution has to turn over these training files. And
• 23:43
  Speaker 1: the judge also set a July 14th deadline for these
• 23:46
  Speaker 1: files to be handed over. So today we have an
• 23:50
  Speaker 1: article from Newsweek and the headline. Brian Koberger's team granted
• 23:55
  Speaker 1: access to officers' training records. And this article was authored
• 24:00
  Speaker 1: by Kalita Rockman. A judge has granted Brian Kohlberger's defense
• 24:05
  Speaker 1: team access to the training records of three police officers
• 24:09
  Speaker 1: involved in the investigation of the murders of four University
• 24:14
  Speaker 1: of Idaho students. And when we were talking about this
• 24:17
  Speaker 1: request initially, I said that I thought it was a
• 24:20
  Speaker 1: good idea to turn over the training records of Lawrence Mowry,
• 24:25
  Speaker 1: Brett Payne, and some of the other officers who were
• 24:28
  Speaker 1: involved in the investigation. Look, transparency is a good thing.
• 24:32
  Speaker 1: And there's no reason why the people who were key
• 24:35
  Speaker 1: in the investigation shouldn't want to turn over their records
• 24:39
  Speaker 1: so that people could take a look. Now, what's going
• 24:42
  Speaker 1: to happen, of course, is the defense, they're going to
• 24:45
  Speaker 1: try and use those records to impugn the credibility of
• 24:49
  Speaker 1: these officers. And that's fine. As long as these officers
• 24:53
  Speaker 1: have all of their ducks in a row and they
• 24:55
  Speaker 1: did everything on the up and up, they have nothing
• 24:57
  Speaker 1: to worry about. So that's certainly going to be the
• 25:00
  Speaker 1: strategy from Ann Taylor and Brian Koberger's team. Koberger, 28,
• 25:06
  Speaker 1: is accused of breaking into a rental house near the
• 25:08
  Speaker 1: university campus in Moscow, Idaho, in the early hours of
• 25:12
  Speaker 1: November 13th and fatally stabbing Kaylee Gonsalves, Madison Mogan, Zanna Kernodle,
• 25:18
  Speaker 1: and Ethan Chapin. Then a graduate student studying criminology at
• 25:23
  Speaker 1: Washington State University in nearby Pullman, Kohlberger was arrested at
• 25:28
  Speaker 1: his parents' home in Pennsylvania in late December. And it's
• 25:31
  Speaker 1: still hard for me to understand why a dude that's
• 25:34
  Speaker 1: a PhD student at Washington State University would throw his
• 25:38
  Speaker 1: whole life away to do some shit like this. You
• 25:42
  Speaker 1: studied hard for how long? How many years did you
• 25:44
  Speaker 1: go to school? How much did you sacrifice? All to
• 25:48
  Speaker 1: throw it away because you're a murderous lunatic? So none
• 25:52
  Speaker 1: of it makes sense. And I really can't wait until
• 25:55
  Speaker 1: we get into the weeds and learn a little bit
• 25:57
  Speaker 1: more about Brian Kohlberger's psyche. He was charged with four
• 26:01
  Speaker 1: counts of murder and one count of burglary in connection
• 26:04
  Speaker 1: with the deaths. Not guilty pleas were entered on Kohlberger's
• 26:08
  Speaker 1: behalf after he chose to stand silent during his arraignment
• 26:12
  Speaker 1: in May. And of course, Ann Taylor has explained that now.
• 26:15
  Speaker 1: And the standing silent part was Brian Kohlberger not accepting
• 26:20
  Speaker 1: the grand jury indictment. Basically him saying that this grand
• 26:24
  Speaker 1: jury indictment is a bunch of BS and I'm not
• 26:27
  Speaker 1: going to give a plea one way or the other.
• 26:29
  Speaker 1: I'll force the court to do it for me in
• 26:32
  Speaker 1: objection basically. So not that it's going to have any
• 26:36
  Speaker 1: effect really on the overall case, but that's why he
• 26:40
  Speaker 1: stood silent and that's why his team chose to take
• 26:43
  Speaker 1: that route. Latah County Prosecutor Bill Thompson filed the notice
• 26:48
  Speaker 1: of his intent to seek the death penalty in court
• 26:50
  Speaker 1: last week. Koberger's trial is scheduled to begin in early October.
• 26:56
  Speaker 1: And yesterday we were talking about that intent to go
• 26:59
  Speaker 1: after the death penalty and we added the filing to
• 27:03
  Speaker 1: the catalog. And it's going to be interesting to watch
• 27:06
  Speaker 1: how all of that evolves. How the whole entire case
• 27:10
  Speaker 1: continues to develop and develop into something that the prosecution
• 27:15
  Speaker 1: thinks is worthy of a capital case. Now look, the
• 27:18
  Speaker 1: crime certainly is worthy of a capital case. But a
• 27:22
  Speaker 1: lot of times you'll see the prosecution, they'll weigh their evidence, right?
• 27:27
  Speaker 1: And if the evidence doesn't meet a certain standard, then
• 27:30
  Speaker 1: a lot of times you'll see these prosecutors not even
• 27:33
  Speaker 1: go for the death penalty in the first place. They'll
• 27:36
  Speaker 1: just try and get the life sentence because the burden
• 27:39
  Speaker 1: of proof is a lot less that way. Kohlberger's attorneys
• 27:43
  Speaker 1: argued in court on June 27th that they needed the
• 27:47
  Speaker 1: training records of three officers who played a critical role
• 27:51
  Speaker 1: in the investigation and their training records were needed to
• 27:55
  Speaker 1: understand the methods they utilize. One officer interviewed witnesses at
• 28:00
  Speaker 1: the crime scene and worked on the search for a
• 28:02
  Speaker 1: car connected to the crimes. So look, it's going to
• 28:05
  Speaker 1: be Brett Payne, Officer Lawrence Mowry, and I'm not too
• 28:09
  Speaker 1: sure who the third officer is going to be, but
• 28:11
  Speaker 1: considering how often Officer Mowry's name was all over the
• 28:15
  Speaker 1: court documents and Brett Payne's name, you have to think
• 28:18
  Speaker 1: that those two especially are two of the people whose
• 28:22
  Speaker 1: records that the defense is looking to get their hands on.
• 28:26
  Speaker 1: Prosecutors argued that the three officers are not material to
• 28:30
  Speaker 1: the state's case and will not be called at trial.
• 28:33
  Speaker 1: They also said that the defense had not shown a
• 28:36
  Speaker 1: substantial need for the information that they requested. Look, again,
• 28:40
  Speaker 1: transparency is a big deal. And I don't see why
• 28:44
  Speaker 1: the training records of these officers, these three specific officers,
• 28:49
  Speaker 1: would be a big deal. Now, if you're trying to
• 28:51
  Speaker 1: get all of the training records from all of the
• 28:54
  Speaker 1: patrolmen and everybody else who was involved, the answer to
• 28:57
  Speaker 1: that should be a resounding no. But that's not what
• 29:00
  Speaker 1: they're looking for here. They have a very targeted request,
• 29:04
  Speaker 1: a very specific request, tailored to the nature of what
• 29:08
  Speaker 1: they're looking for. So, I don't see an issue with
• 29:11
  Speaker 1: them turning over these training records, and obviously the judge
• 29:15
  Speaker 1: didn't see an issue with it either. Judge John Judge
• 29:19
  Speaker 1: granted the defense motion, writing in an order that the
• 29:22
  Speaker 1: defense adequately articulated the role of each of these officers
• 29:26
  Speaker 1: played in interviewing witnesses and finding and collecting potential evidence.
• 29:32
  Speaker 1: The judge said the training records must be turned over
• 29:34
  Speaker 1: to the defense by July 14th. So they're going to
• 29:38
  Speaker 1: look through all of these training records and they're going
• 29:41
  Speaker 1: to try and find something that they can utilize as
• 29:45
  Speaker 1: part of their defense. Oh, so-and-so officer was not trained
• 29:49
  Speaker 1: adequately in this field. So his work in this field
• 29:54
  Speaker 1: should be discounted. That's what they're going to try and do.
• 29:57
  Speaker 1: And remember what we've talked about from the very beginning.
• 30:00
  Speaker 1: the technicalities, and the loopholes. And when you're somebody who
• 30:04
  Speaker 1: has a mountain of evidence against them, like Brian Kohlberger,
• 30:07
  Speaker 1: this is the route that your lawyers are going to take.
• 30:10
  Speaker 1: They're going to look for that Hail Mary technicality. They're
• 30:13
  Speaker 1: going to look for whatever they can grab onto to
• 30:16
  Speaker 1: try and turn the tide of what the prosecution is
• 30:19
  Speaker 1: bringing towards them. Kohlberger's attorney, public defender Ann Taylor, petitioned
• 30:25
  Speaker 1: the judge for Kohlberger's cell phone location data and the
• 30:29
  Speaker 1: forensic analysis determination about the suspect's vehicle during the June
• 30:35
  Speaker 1: 27th hearing. The judge set a July 14th deadline for
• 30:39
  Speaker 1: the FBI records to be turned over. The Idaho statesman reported,
• 30:43
  Speaker 1: Newsweek has contacted Taylor's office and the Latah County Prosecuting
• 30:47
  Speaker 1: Attorney's office for comment. Well, remember, with the gag order
• 30:51
  Speaker 1: pared back, they can make general comments now. So they
• 30:55
  Speaker 1: can't just run and hide under the umbrella of the
• 30:58
  Speaker 1: gag order anymore, which is a good thing in my opinion.
• 31:01
  Speaker 1: There needs to be some answers to some of these
• 31:04
  Speaker 1: questions that people are asking about this investigation overall. And
• 31:09
  Speaker 1: as far as transparency goes, I don't think it should
• 31:11
  Speaker 1: even be an issue. I don't know why the investigators
• 31:15
  Speaker 1: or Latah County would even try and fight something like this.
• 31:18
  Speaker 1: Turn these records over and be done with it. Especially
• 31:21
  Speaker 1: the personnel records about training. There should be no issue
• 31:25
  Speaker 1: with turning that stuff over for these three specific officers
• 31:29
  Speaker 1: because of the nature of what happened here and the
• 31:31
  Speaker 1: complexity of the case. From my perspective, it not only
• 31:35
  Speaker 1: is a good thing for Brian Kohlberger, obviously, for the
• 31:38
  Speaker 1: world to know who these officers are and what their
• 31:40
  Speaker 1: training is, but it's good for these officers too. They
• 31:44
  Speaker 1: don't want to run around with, you know, that cloud
• 31:47
  Speaker 1: over their head. Oh, these guys didn't know what they
• 31:49
  Speaker 1: were doing. It was a sloppy investigation. They're not trained correctly.
• 31:53
  Speaker 1: So they turn over those training records. We all get
• 31:56
  Speaker 1: a good look at it. Then whatever the narrative craft
• 31:59
  Speaker 1: it is, well, it's going to go by the wayside
• 32:01
  Speaker 1: because people have seen for themselves what's going on. And
• 32:06
  Speaker 1: for me, I think that's a big deal. I think
• 32:09
  Speaker 1: that when there is transparency in a case like this,
• 32:11
  Speaker 1: especially the chances of getting to the truth of the matter,
• 32:16
  Speaker 1: they increase greatly. And when you try and hide stuff
• 32:19
  Speaker 1: and you try and be secretive about it, well, that's
• 32:22
  Speaker 1: when all kinds of crazy ass conspiracy theories pop up,
• 32:26
  Speaker 1: all kinds of wild thoughts about what's going on pop up.
• 32:29
  Speaker 1: And then, of course, you have people out there who
• 32:31
  Speaker 1: automatically say, look, this dude's getting railroaded by the government.
• 32:35
  Speaker 1: He didn't even do it. There's no evidence. There's always
• 32:38
  Speaker 1: going to be people like that because there's a lot
• 32:40
  Speaker 1: of people out there that just don't trust what the
• 32:43
  Speaker 1: government's up to. And I feel it. I understand. I'm
• 32:47
  Speaker 1: not somebody that's going to sit here and rubber stamp
• 32:50
  Speaker 1: a government investigation ever. I'm a trust but verify kind
• 32:54
  Speaker 1: of person. So I completely understand when people look at
• 32:58
  Speaker 1: what's going on here and they say to themselves, you
• 33:00
  Speaker 1: know what? I don't believe the government. But the government
• 33:03
  Speaker 1: can alleviate all of that by being transparent. Don't try
• 33:07
  Speaker 1: and hide things. Don't try and keep things under seal.
• 33:11
  Speaker 1: Be as transparent as possible. And then as this all progresses,
• 33:15
  Speaker 1: people are going to see the mountain of evidence that
• 33:17
  Speaker 1: has been compiled against Brian Kohlberger. And more importantly, a
• 33:22
  Speaker 1: jury is going to hear it. And from everything that
• 33:25
  Speaker 1: I've seen, everything that I've heard, the second the jury
• 33:28
  Speaker 1: gets this case in front of them, it's going to
• 33:30
  Speaker 1: be lights out for Brian Kohlberger. All right, folks, that's
• 33:34
  Speaker 1: going to do it for this one. All of the
• 33:36
  Speaker 1: information that goes with the episode can be found in
• 33:39
  Speaker 1: the description box. What's up, everyone, and welcome back to
• 33:42
  Speaker 1: the program. In this episode, we have two articles that
• 33:46
  Speaker 1: we're going to get to. The first one has to
• 33:48
  Speaker 1: do with Brian Kohlberger and that survey that's been the
• 33:52
  Speaker 1: topic du jour up there in Moscow for the past
• 33:55
  Speaker 1: couple of days. And to hammer home their point, the
• 33:58
  Speaker 1: prosecution has released a taped phone call that has to
• 34:02
  Speaker 1: do with that survey. In our second article, we're going
• 34:06
  Speaker 1: to spin down to Delphi and we're going to check
• 34:09
  Speaker 1: in on Richard Allen's trial and what's going on with
• 34:12
  Speaker 1: that circus. So, why don't we just dive into the
• 34:16
  Speaker 1: first article and get things started. This article was published
• 34:21
  Speaker 1: by Newsweek and the headline, Brian Koberger Prosecutors Release Tape
• 34:26
  Speaker 1: Phone Call. This article was authored by Sean O'Driscoll. Potential
• 34:32
  Speaker 1: jurors in the Brian Koberger murder trial were asked if
• 34:35
  Speaker 1: they knew that university students lived in fear until Koberger
• 34:39
  Speaker 1: was arrested, according to a transcript of a recently recorded
• 34:43
  Speaker 1: phone call. So, look, they're not just saying that this
• 34:47
  Speaker 1: survey was out of bounds. They're also providing some receipts
• 34:52
  Speaker 1: by releasing this transcript. So it's one thing to have
• 34:55
  Speaker 1: the prosecution or the defense tell you something. It's a
• 34:58
  Speaker 1: whole different ballgame to see it for yourself. Brian Koberger's
• 35:03
  Speaker 1: defense team asked nine reckless and outrageous questions to 400
• 35:07
  Speaker 1: people in the Idaho County where four students were murdered,
• 35:11
  Speaker 1: according to prosecutors. And this is all happening, remember, under
• 35:15
  Speaker 1: the auspices of that gag order. And considering the restrictive
• 35:19
  Speaker 1: nature of that gag order, you would think that this
• 35:22
  Speaker 1: is something that could be sanctionable by the court. Now,
• 35:25
  Speaker 1: is that going to happen? I don't think so. And
• 35:28
  Speaker 1: Taylor has already said she's not the one who put
• 35:31
  Speaker 1: the questionnaire together, and it was the company that they
• 35:35
  Speaker 1: hired to do this survey. But at the end of
• 35:37
  Speaker 1: the day, in my opinion, Ann Taylor and her office,
• 35:41
  Speaker 1: they should have checked the work, make sure everything's on
• 35:43
  Speaker 1: the up and up, make sure that all of the
• 35:45
  Speaker 1: questions are on the up and up, and make sure
• 35:48
  Speaker 1: that everything is running in conjunction with the parameters set
• 35:53
  Speaker 1: forth by the gag order. And that didn't happen here.
• 35:57
  Speaker 1: A concerned member of the public recorded one of the
• 36:00
  Speaker 1: phone calls and contacted the local district attorney's office to
• 36:03
  Speaker 1: make a complaint, a prosecutor revealed in court. Koberger, 29,
• 36:09
  Speaker 1: has been charged with four counts of first-degree murder and
• 36:12
  Speaker 1: one count of felony burglary in connection with the fatal
• 36:15
  Speaker 1: stabbings of Kaylee Gonsalves, Madison Mogan, Zanna Kernodle, and Ethan Chapin.
• 36:21
  Speaker 1: The bodies of the four University of Idaho students were
• 36:24
  Speaker 1: found in an off-campus residence on November 13th, 2022. Koberger
• 36:30
  Speaker 1: has maintained innocence in the case, previously standing silent during
• 36:34
  Speaker 1: his arraignment. Judge John Judge, who is overseeing the case,
• 36:38
  Speaker 1: entered not guilty pleas for each of the charges against
• 36:41
  Speaker 1: him in response. Koberger's defense team had hired a polling
• 36:46
  Speaker 1: company to assess if people in Latah County, Idaho had
• 36:49
  Speaker 1: a negative opinion of Koberger, who is being charged with
• 36:52
  Speaker 1: the murders. And that's pretty standard, right? and it's not
• 36:56
  Speaker 1: the survey that the prosecutors have a problem with, it's
• 36:59
  Speaker 1: the content of that questionnaire. So it's not so much
• 37:03
  Speaker 1: the survey, it's the content of the survey. The defense
• 37:07
  Speaker 1: team was hoping that the calls would prove that the
• 37:09
  Speaker 1: local people were prejudiced against their client, and that the
• 37:13
  Speaker 1: trial should, therefore, be moved to another county. And while
• 37:17
  Speaker 1: I understand the attempt, I think it's a losing proposition
• 37:20
  Speaker 1: for Koberger and his team. I highly doubt that Judge
• 37:23
  Speaker 1: Judge or the state of Idaho has any desire to
• 37:26
  Speaker 1: move this proceeding. Especially considering that the people of Latah
• 37:32
  Speaker 1: County are the ones who were wronged, and they should
• 37:34
  Speaker 1: be the ones who sit in judgment of Brian Kohlberger.
• 37:37
  Speaker 1: So I think that when all is said and done,
• 37:40
  Speaker 1: this does not get moved. However... there is a possibility
• 37:43
  Speaker 1: that Judge Judge brings in a jury from a different county,
• 37:46
  Speaker 1: like we've seen down in Delphi. I think that's certainly
• 37:50
  Speaker 1: a possibility. But to move the proceedings to a different county,
• 37:53
  Speaker 1: I just don't see that being in the cards. In
• 37:56
  Speaker 1: asking the questions, they have planted negative opinions of Koberger
• 38:00
  Speaker 1: in potential jurors' minds, according to the prosecutors. A transcript
• 38:05
  Speaker 1: of the recorded phone call reveals that pollsters asked nine
• 38:08
  Speaker 1: questions about the case to potential jurors. They include, have
• 38:13
  Speaker 1: you read, seen, or heard if Brian Kohlberger was arrested
• 38:16
  Speaker 1: at his parents' home in Pennsylvania? Two, have you read, seen,
• 38:20
  Speaker 1: or heard if police found the knife sheath on the
• 38:22
  Speaker 1: bed next to one of the victims? Three, have you read, seen,
• 38:26
  Speaker 1: or heard that DNA found on the knife sheath was
• 38:29
  Speaker 1: later matched to Brian Kohlberger? Four, have you read, seen,
• 38:33
  Speaker 1: or heard If Brian Koberger owned the same type of
• 38:36
  Speaker 1: car reported seen driving in the neighborhood where the killings occurred? 5.
• 38:41
  Speaker 1: Have you read, seen, or heard if the cell phone
• 38:44
  Speaker 1: tower data showed that Brian Koberger made several trips near
• 38:48
  Speaker 1: the victim's home in the months before the killing? 6.
• 38:52
  Speaker 1: Have you read, seen, or heard if the university students
• 38:55
  Speaker 1: in Moscow and their parents lived in fear? until Brian
• 38:58
  Speaker 1: Koberger was arrested for the murders? 7. Have you read, seen,
• 39:02
  Speaker 1: or heard if Brian Koberger said that he was out
• 39:05
  Speaker 1: driving alone on the night of the murders? 8. Have
• 39:08
  Speaker 1: you read, seen, or heard that Brian Koberger stopped one
• 39:11
  Speaker 1: of the victims? I think they mean stalked here and
• 39:13
  Speaker 1: they made a typo, but it says stopped in the article. 9.
• 39:18
  Speaker 1: Have you read, seen, or heard that Brian Koberger had
• 39:21
  Speaker 1: followed one of the victims on social media? So what
• 39:24
  Speaker 1: I take away from these questions is that these are
• 39:27
  Speaker 1: the things that they're concerned about as far as as
• 39:30
  Speaker 1: evidence being provided that sinks their client. So they're looking
• 39:34
  Speaker 1: for ways to find a technicality or a loophole to
• 39:37
  Speaker 1: get out from underneath the things that we hear about
• 39:40
  Speaker 1: in this survey. And I think it also shows a
• 39:43
  Speaker 1: bit of the desperation by Koberger's team that they're revealing
• 39:47
  Speaker 1: their hands. Latah County Prosecutor Bill Thompson told Judge at
• 39:52
  Speaker 1: a hearing last Thursday that the highly prejudicial questions have
• 39:55
  Speaker 1: now been embedded with 400 potential jurors. He said that
• 40:00
  Speaker 1: some of the information in the questions is not even
• 40:02
  Speaker 1: true and some of it is not admissible in court.
• 40:06
  Speaker 1: So how are they getting away with a survey like
• 40:08
  Speaker 1: this with the gag order being as restrictive as it is?
• 40:12
  Speaker 1: It's reckless conduct and it's outrageous, he said. Thompson said
• 40:16
  Speaker 1: he's not accusing Koberger's lawyer and Taylor of drafting these
• 40:20
  Speaker 1: questions verbatim and then saying go out and give these
• 40:24
  Speaker 1: to the public. He said Taylor instructed the polling company
• 40:27
  Speaker 1: who then drafted the questions. So she hired the company though.
• 40:32
  Speaker 1: So at the end of the day, I think that
• 40:34
  Speaker 1: she has to be responsible for what that company does
• 40:37
  Speaker 1: in her name, right? Newsweek reached out to Taylor's office
• 40:41
  Speaker 1: via email for comment on Monday. Last month, Judge... issued
• 40:45
  Speaker 1: an order barring both sides in the case from communicating
• 40:49
  Speaker 1: with potential jurors in the homicide case. At Thursday's hearing,
• 40:53
  Speaker 1: Judge said the polling was a total shock to him,
• 40:56
  Speaker 1: and it's never a good idea to drop a surprise
• 40:59
  Speaker 1: in a judge's lap. Because this is a big deal,
• 41:02
  Speaker 1: and I take it very, very seriously, and I was surprised, okay,
• 41:06
  Speaker 1: that this was happening behind our backs, behind my back,
• 41:09
  Speaker 1: he said. He said that the jury may now have
• 41:12
  Speaker 1: been contaminated by the questions. Judge said that further hearings
• 41:16
  Speaker 1: are due to decide how to remedy the jury contamination problem.
• 41:20
  Speaker 1: So we're going to have to wait and see what
• 41:22
  Speaker 1: Judge Judge comes up with as far as a decision here.
• 41:26
  Speaker 1: But my guess is that Judge Judge is going to
• 41:29
  Speaker 1: have some heavy words for Ann Taylor and the prosecution.
• 41:35
  Speaker 1: All right, spinning down to Delphi for our second article.
• 41:38
  Speaker 1: And this one is from Fox59. com. Headline, Delphi defense team
• 41:44
  Speaker 1: once again accuses police, investigators of lying, and omitting details.
• 41:49
  Speaker 1: This article was authored by Matt Christie. The attorneys for
• 41:53
  Speaker 1: accused Delphi killer Richard Allen are once again claiming that
• 41:57
  Speaker 1: police investigators lied to or deceived a judge in filing
• 42:01
  Speaker 1: for a search warrant that led to the arrest of
• 42:03
  Speaker 1: their client. And that's been their ongoing theme, right? If
• 42:07
  Speaker 1: it's not the Odinites, it's that the arrest was unlawful.
• 42:12
  Speaker 1: that Richard Allen's constitutional rights were trampled upon, and they
• 42:16
  Speaker 1: have the wrong guy. The only problem with that whole
• 42:19
  Speaker 1: line of thinking is how did that bullet from the
• 42:22
  Speaker 1: gun end up at the scene where these girls were found?
• 42:26
  Speaker 1: And until somebody can explain that to me, Richard Allen's
• 42:29
  Speaker 1: exactly where he belongs, and that's behind bars. Allen is
• 42:33
  Speaker 1: accused of killing Abby Williams and Libby German near the
• 42:36
  Speaker 1: Menon High Bridge in February of 2017. He faces multiple
• 42:41
  Speaker 1: counts of murder, in the high-profile case that has garnered
• 42:44
  Speaker 1: national attention. In the defense team's latest motion, Allen's attorneys
• 42:49
  Speaker 1: once more called on special judge Fran Gull to hold
• 42:52
  Speaker 1: a Franks hearing. The defense team has made a play
• 42:55
  Speaker 1: at requesting a Franks hearing in the past, calling on
• 42:58
  Speaker 1: evidence collected from Richard Allen's home to be thrown out
• 43:02
  Speaker 1: by claiming police investigators deceived a judge when filing for
• 43:05
  Speaker 1: a search warrant. And I just don't buy it, okay?
• 43:08
  Speaker 1: As much as I'm not comfortable with the prosecution and
• 43:12
  Speaker 1: the way that they're going about their business down here,
• 43:15
  Speaker 1: I think these claims being made by Richard Allen's team
• 43:18
  Speaker 1: are completely off base. And I find it a bit
• 43:21
  Speaker 1: ironic that dudes who would let evidence leak the way
• 43:24
  Speaker 1: these dudes let evidence leak have the audacity to talk
• 43:27
  Speaker 1: about anybody else not being a good investigator. The court
• 43:32
  Speaker 1: did not side with the attorneys, however, and no evidence
• 43:35
  Speaker 1: was thrown out. Gull called the search reasonable and legal
• 43:39
  Speaker 1: in her decision. And I have to tell you, reading
• 43:42
  Speaker 1: the arrest warrant, the affidavit, it seems to be on
• 43:45
  Speaker 1: the up and up. And the evidence that they were
• 43:47
  Speaker 1: talking about inside of that arrest warrant is evidence that
• 43:51
  Speaker 1: they collected at the scene. On Monday, attorneys Bradley Rossi
• 43:55
  Speaker 1: and Andrew Baldwin made a renewed push for a Frank's
• 43:58
  Speaker 1: hearing by once again claiming that police investigators weren't truthful
• 44:03
  Speaker 1: during the early stages of their investigation into Allen. The
• 44:07
  Speaker 1: defense team also roped in Carroll County Prosecutor Nicholas McLeland
• 44:11
  Speaker 1: into their allegations by claiming the prosecutor misled or lied
• 44:16
  Speaker 1: to the defense team. And these are all very serious allegations.
• 44:21
  Speaker 1: This is the kind of thing that can throw a
• 44:22
  Speaker 1: whole trial on its head. And hopefully that doesn't happen here.
• 44:26
  Speaker 1: But one thing that I have learned following along with
• 44:29
  Speaker 1: the Delphi murders is this is one of the most
• 44:33
  Speaker 1: winding roads we've ever been on. And even though the
• 44:36
  Speaker 1: trial is set to crack off in about a month's time,
• 44:40
  Speaker 1: considering the circus that's cracking off down here, that's plenty
• 44:43
  Speaker 1: of time for things to get screwy. And while I
• 44:45
  Speaker 1: don't think anything's going to come up that's going to
• 44:48
  Speaker 1: cause another delay, I've learned not to take anything for
• 44:51
  Speaker 1: granted when it comes to this Delphi investigation. Rossi and
• 44:55
  Speaker 1: Baldwin's latest motion contain accusations already leveled against police and
• 45:01
  Speaker 1: the prosecutor in previous motions and filings. These accusations... include
• 45:06
  Speaker 1: accusing the prosecutor of lying about police learning the identity
• 45:10
  Speaker 1: of a Purdue professor when the defense attorneys inquired about
• 45:14
  Speaker 1: the search for his identity, along with claims that investigators
• 45:18
  Speaker 1: misled a judge when filing for a search warrant that
• 45:21
  Speaker 1: led to Allen's arrest. Some examples of the alleged investigators'
• 45:26
  Speaker 1: misdeeds include an early witness supposedly telling police they spotted
• 45:31
  Speaker 1: a man with a muddy and bloody blue jacket. A
• 45:34
  Speaker 1: blue jacket was part of the evidence collected from Richard
• 45:37
  Speaker 1: Allen's home. But the defense team claims the witness never
• 45:41
  Speaker 1: said bloody when describing the jacket and never said blue,
• 45:45
  Speaker 1: instead saying the man wore a muddy tan jacket. The
• 45:48
  Speaker 1: attorneys accused the police investigators of changing those details when
• 45:52
  Speaker 1: filing for a search warrant. The defense team also claims
• 45:57
  Speaker 1: early witnesses described spotting a man as young as 20
• 46:00
  Speaker 1: years old who had brown, poofy hair. The attorney accused
• 46:04
  Speaker 1: investigators of omitting those details when filing for a search
• 46:08
  Speaker 1: warrant of Allen's home since the description didn't match up
• 46:11
  Speaker 1: with Allen. Yeah, guess what matched up, though? The bullet.
• 46:16
  Speaker 1: Please explain the bullet, and until you do, I don't
• 46:18
  Speaker 1: want to hear about any of this other stuff. While
• 46:22
  Speaker 1: the court has not yet weighed in on the defense
• 46:25
  Speaker 1: team's latest attempt to exonerate Allen by way of throwing
• 46:28
  Speaker 1: out evidence and or his charges, previously similar attempts have
• 46:32
  Speaker 1: failed to find footing with Gull, who has already sided
• 46:35
  Speaker 1: with the defense, in the search warrant. The defense team
• 46:40
  Speaker 1: also recently tried to have Allen's murder charges thrown out
• 46:43
  Speaker 1: over inadvertently deleted interviews from early in the investigations. The
• 46:48
  Speaker 1: attempt also failed with Gull deciding the interviews weren't destroyed
• 46:52
  Speaker 1: on purpose and weren't material to the case. All these
• 46:56
  Speaker 1: legal spats follow a very public battle between Gull and
• 47:00
  Speaker 1: Allen's attorneys that went all the way to the Indiana
• 47:03
  Speaker 1: Supreme Court after Gull threw the pair off the case
• 47:06
  Speaker 1: for negligence following an evidence leak. The high court reinstated
• 47:11
  Speaker 1: the attorneys. So when I say circus, this is what
• 47:14
  Speaker 1: I'm talking about. The whole entire thing has been a circus.
• 47:19
  Speaker 1: Since then, McLeeland has asked the court to hold Allen's
• 47:23
  Speaker 1: attorneys in contempt. Gull is still weighing the request. For now,
• 47:27
  Speaker 1: the case rolls on toward its May 13th trial date.
• 47:31
  Speaker 1: So that's where we're at down in Delphi, and that's
• 47:34
  Speaker 1: where things currently stand. But I expect a flurry of action.
• 47:39
  Speaker 1: in the coming weeks as this trial gets closer to
• 47:42
  Speaker 1: kicking off. So we'll see where things go, but one
• 47:45
  Speaker 1: thing's for damn sure, we'll be here every step of
• 47:48
  Speaker 1: the way. But that's going to do it for this one.
• 47:51
  Speaker 1: All of the information that goes with this episode can
• 47:53
  Speaker 1: be found in the description box.