Latest / Crime Stories with Nancy Grace / Accused Killer Brian Kohberger Back in Court, After Waiving Speedy Trial
Transcript
- 0:05Speaker 1: Crime stories with Nancy Grease.
- 0:14Speaker 2: Brian Coberger heading back to court in about forty eight hours.
- 0:19Speaker 2: What will happen when he once again is face to
- 0:22Speaker 2: face with a judge. Will victim's families show up? Many
- 0:26Speaker 2: important details leading up to this moment. We now know
- 0:31Speaker 2: that Coburger's lawyer and Taylor, has waived her right to
- 0:37Speaker 2: a speedy trial. After all this, all this whining and
- 0:41Speaker 2: moaning and complaining about a speedy trial demand and now
- 0:46Speaker 2: they wave it. It was all just a game. It
- 0:51Speaker 2: was all just a ruse. This as they contested DNA
- 0:56Speaker 2: and they are questioning three unknown male DNA found at
- 1:01Speaker 2: the scene of this home where multiple co eds had lived.
- 1:06Speaker 2: People were in and out all the time. It was
- 1:08Speaker 2: the real party house. That could have been anybody. So
- 1:12Speaker 2: I'm trying to figure out which way the defense is headed,
- 1:16Speaker 2: because I guarantee you they're going to claim that they
- 1:20Speaker 2: had to waive their right to a speedy trial because
- 1:24Speaker 2: they didn't have enough time to review the state's DNA
- 1:28Speaker 2: evidence b S. That's total BS, the state has said,
- 1:34Speaker 2: and this can be confirmed that the crime lab hasn't
- 1:38Speaker 2: finished all the DNA analysis, so how can they turn
- 1:42Speaker 2: over what they don't have. I mean, as he Grace,
- 1:46Speaker 2: thanks for being with us. Joining me right now, two
- 1:49Speaker 2: special guests that are intimately familiar with the legal aspects
- 1:54Speaker 2: and the factual aspects of the Coburger prosecution. Deal Carson
- 1:58Speaker 2: is joining me. High profile lawyer out of Jacksonville, former
- 2:02Speaker 2: FBI agent, former cop in Miami Dade, author of Arrest
- 2:06Speaker 2: Proof Yourself. You can find him at Delcarsonlaw dot com.
- 2:10Speaker 2: He's been studying the legal angles, says this first broke
- 2:14Speaker 2: and I mean when the murders occurred. He's been on
- 2:18Speaker 2: the case also with me. Chris McDonough, you know him well.
- 2:22Speaker 2: He is the director of the Cold Case Foundation, former
- 2:25Speaker 2: homicide detective with around three hundred homicides under his belt,
- 2:32Speaker 2: twenty five years in law enforcement. I found him on
- 2:35Speaker 2: the YouTube channel, the Interview Room, when he was doing
- 2:39Speaker 2: a very slow drive through all around the King Road
- 2:45Speaker 2: murder scene. That's when I found Chris McDonough. Deal Carson.
- 2:49Speaker 2: Chris McDonough, thank you for being with us. First of all,
- 2:54Speaker 2: Deal Carson. How many times have defense attorneys file, including you,
- 3:00Speaker 2: filed speedy trial demands when you know more than the
- 3:05Speaker 2: man of the moon intend to take the case to
- 3:08Speaker 2: trial within six months total.
- 3:09Speaker 3: Bs is But the reason ostensibly is that the defense
- 3:17Speaker 3: hasn't had an opportunity to fully prepare for the case
- 3:19Speaker 3: as the prosecution already has. The prosecution has all the evidence,
- 3:24Speaker 3: right but.
- 3:28Speaker 2: In the first two minutes. But no, the state has
- 3:32Speaker 2: handed over all the evidence. It's not like they're hoarding
- 3:36Speaker 2: it or hiding it. Agreed, let me tell you a story.
- 3:39Speaker 2: I almost said a funny story, but it wasn't funny
- 3:41Speaker 2: to me. Dale and Chris, you know only too well
- 3:44Speaker 2: from being on the stand. I was preparing a death
- 3:47Speaker 2: penalty case where infants, several infants in their baby beds
- 3:58Speaker 2: were killed because of arrival. It was called Set Set
- 4:03Speaker 2: Set gang. All right, what this means is that the
- 4:08Speaker 2: women that were the girlfriends of the gang members got
- 4:12Speaker 2: into an argument with the women that were girlfriends of
- 4:16Speaker 2: the other gang members. I seem to call over some clothes. Yeah,
- 4:23Speaker 2: so one gang throws a Molotov cocktail into the home
- 4:31Speaker 2: of the victims and says, let's fry them babies, and
- 4:39Speaker 2: they did. The babies were burned to death instantly. Yeah.
- 4:44Speaker 2: Now that's not a up on the case. I don't
- 4:46Speaker 2: know what it is, but my point is leading up
- 4:49Speaker 2: to it is that the defense kept saying and the
- 4:53Speaker 2: trial there was no speedy child a mand This trial
- 4:55Speaker 2: was long, long down the road. I'm talking at lea
- 5:00Speaker 2: another year. They said I did not hand over a file,
- 5:04Speaker 2: and I said, I've given you every single thing I've got.
- 5:09Speaker 2: So I finally handed my whole file everything I had
- 5:13Speaker 2: to the judge. Guess what it was. They were right,
- 5:17Speaker 2: and I was right. There was one thin file that
- 5:22Speaker 2: the homicide cops, for whatever reason, inadvertently I don't know,
- 5:27Speaker 2: had not given to me. So there was a stack
- 5:30Speaker 2: of I think about twenty pages the defense didn't have
- 5:34Speaker 2: and I didn't have. So I remember taking the stand
- 5:38Speaker 2: and saying, I've handed over everything I've got. It went
- 5:43Speaker 2: that far. I actually had to take the stand, and
- 5:45Speaker 2: then we found out where the missing pages were, and
- 5:52Speaker 2: that was a real blow to me to be accused
- 5:55Speaker 2: of withholding information. I want to win, but I want
- 5:59Speaker 2: to win fair, and I want to right people behind bars,
- 6:02Speaker 2: and I want to win the fair way because to me,
- 6:07Speaker 2: prosecutors have the duty not only to seek justice, but
- 6:11Speaker 2: to do it ethically.
- 6:14Speaker 4: Yep.
- 6:15Speaker 2: The defense is not bound by that. So when you say,
- 6:19Speaker 2: y'all Carson and the state's got it. They've had it
- 6:21Speaker 2: all this time. I don't know that they've had it
- 6:23Speaker 2: all this time. There's still DNA results the state doesn't have.
- 6:26Speaker 3: Well, they collected it, and it's an opportunity for the defense.
- 6:29Speaker 2: You mean the cops collected it and hand it in
- 6:33Speaker 2: the evidence. The prosecutors did not collect any evidence.
- 6:37Speaker 3: Well, no, not directly, not correctly. That's what I was
- 6:41Speaker 3: going to tell you, is said, Look, in a case
- 6:44Speaker 3: like this where the defense is not entered a plea,
- 6:47Speaker 3: of course, plea for the defense. And what that means
- 6:51Speaker 3: is there's no reciprocity. The government has to turn over
- 6:54Speaker 3: everything it's god, but the defendant does not. So that's
- 6:59Speaker 3: an interesting wants to what's going on here.
- 7:02Speaker 2: Well, let's talk about that for just one moment. And
- 7:05Speaker 2: Chris mcdonnah, you got to hear this, because one thing
- 7:10Speaker 2: the defense does have to hand over is notice of alibi.
- 7:14Speaker 2: Because in our jurisprudence system, which was brought over from
- 7:19Speaker 2: the common law of Great Britain, it's not trial by
- 7:23Speaker 2: ambush forever, the state has to hand over the evidence
- 7:29Speaker 2: to the defense. Not always true the other way around.
- 7:33Speaker 2: The defense doesn't always have to hand over everything to
- 7:35Speaker 2: the state. But if there's an alibi, the defense does
- 7:41Speaker 2: have to hand that over, so the state has a
- 7:43Speaker 2: right to investigate it to find out if it's a big,
- 7:46Speaker 2: fat lie. So get this, Chris mcdonnah Brian Coiberger's defense
- 7:52Speaker 2: hands over an alibi, but they won't say what the
- 7:55Speaker 2: alibi is. All they say is he likes to go
- 7:59Speaker 2: driving around eight at night alone. If that's not pervy enough,
- 8:06Speaker 2: what looking at everybody's windows? How many times did he
- 8:10Speaker 2: drive by the King Road murder scene that night according
- 8:15Speaker 2: to his cell phone or in the past according to
- 8:18Speaker 2: his cell phone conveely that night. I think he had
- 8:20Speaker 2: a cell phone on airplane motor turned off at the
- 8:24Speaker 2: time of the murders, but then it was quickly turned
- 8:28Speaker 2: back on for his circuitous route home. What kind of
- 8:31Speaker 2: an alibi is that, Chris McDonough speaking of having to
- 8:35Speaker 2: hand over evidence that you like to drive around late
- 8:39Speaker 2: at night by yourself.
- 8:40Speaker 4: Well that and Nancy, you've been on this from day
- 8:43Speaker 4: one in terms of really inside this guy's head. And
- 8:46Speaker 4: then the defense's positioning here that alibi in of itself
- 8:51Speaker 4: is going to be very problematic for them because I
- 8:54Speaker 4: think any you know, if we just applied common sense,
- 8:58Speaker 4: you know the fact that he now you know, presents
- 9:01Speaker 4: this alibi of well, you know, he's just out for
- 9:04Speaker 4: a nightly straw in his car. You know, of course
- 9:07Speaker 4: we all do that right at you know, three o'clock
- 9:11Speaker 4: in the morning, and he just happened to be driving
- 9:15Speaker 4: by that house twelve shepherd times, which.
- 9:17Speaker 2: I'll tell you what, Prince, if my husband, David Lynch
- 9:20Speaker 2: got up out of the bed and went for a
- 9:21Speaker 2: drive by himself at three am, I think my head
- 9:25Speaker 2: would blow off.
- 9:28Speaker 4: I agree.
- 9:29Speaker 2: My guess would be to begin up at five o'clock
- 9:31Speaker 2: in the morning and start feeding guinea pigs and cats
- 9:34Speaker 2: and dogs and grandmammies and twins and get everybody to
- 9:38Speaker 2: school in Oh he is not going for a drive
- 9:42Speaker 2: at three am and breathing in the fresh air. No, No,
- 9:47Speaker 2: go ahead, Yeah, I mean have do you go driving
- 9:50Speaker 2: in the middle of the night, Chris mcconno, because I'm
- 9:52Speaker 2: sure your wife would like to hear about that, do you.
- 9:55Speaker 4: Yeah, My wife would kill me. Literally. I would be
- 9:58Speaker 4: on the opposite side out a car.
- 10:00Speaker 2: Some you go driving around at three am in the morning,
- 10:04Speaker 2: what to get some nice freezing fresh air.
- 10:06Speaker 3: Well, that's an strange alibi because it's not.
- 10:09Speaker 4: Really an alibi.
- 10:10Speaker 3: All he's saying is I don't really know where I was,
- 10:14Speaker 3: which is not an alibi.
- 10:15Speaker 2: Yeah, you're right. An alibi is I was here at
- 10:17Speaker 2: this time, and these are the witnesses. So it's totally yes.
- 10:33Speaker 1: Time stories with Nancy Greece.
- 10:36Speaker 2: Chris McDonough, you and I have gone to the scene
- 10:42Speaker 2: many many times. It's freezing cold, cold, The roads are treacherous.
- 10:48Speaker 2: Their home was on an elevated slant and very tricky.
- 10:53Speaker 2: You know, the streets leading up to their home, the apartment,
- 10:58Speaker 2: saw the student apartments, barely two cars can cross and
- 11:02Speaker 2: they're going up these slick streets with covered in ice.
- 11:07Speaker 2: So why is he driving around in sub zero tempts
- 11:12Speaker 2: at three o'clock in the morning on a treacherous road.
- 11:16Speaker 3: But he can't Ernie right, So he's got no money.
- 11:19Speaker 3: Where's he got the money for gas?
- 11:21Speaker 4: Yeah, And to dovetail into what you're thinking, Nancy, the
- 11:25Speaker 4: only thing I can think, and this is, you know,
- 11:28Speaker 4: obviously just my opinion is either A they're going to
- 11:31Speaker 4: come up with some type of medical insomnia, you know,
- 11:35Speaker 4: connection through all the snow, problem.
- 11:38Speaker 2: Hold on, I got to write this down. Hold On,
- 11:40Speaker 2: I can see it coming that. Okay, okay, now what
- 11:44Speaker 2: did you say? Insomnia and what you know?
- 11:47Speaker 4: And they're going to connect it back to his condition,
- 11:49Speaker 4: uh you know, is the snow you know problem that
- 11:54Speaker 4: he was having, you know, a medical condition there, And
- 11:57Speaker 4: of course that opens up the timeline for the earlier
- 12:01Speaker 4: videos that have been floating around, you know, about an
- 12:05Speaker 4: hour before what the authorities have shed they believe is
- 12:11Speaker 4: the exact time the homicides go down.
- 12:14Speaker 2: Wait, wait, wait, wait you know. Hold on, Chris mcdona,
- 12:19Speaker 2: I know you've got three hundred homicides under your belt
- 12:21Speaker 2: and you're the star of the interview room and Del Carson,
- 12:24Speaker 2: I know your former FBI and you've written a book
- 12:26Speaker 2: and your high profile, all your blah blah blah. But
- 12:29Speaker 2: Jackie is waving in Sydney or waving a sign visual snow.
- 12:34Speaker 2: There it is the condition visual snow. So he's about driving, guys.
- 12:41Speaker 2: I feel a little bit guilty as I've recounted the
- 12:42Speaker 2: story they're going to sleep in here because I know
- 12:45Speaker 2: what I'm about to say. Oh here she goes again.
- 12:47Speaker 2: But when I drove that route, I swear and you
- 12:51Speaker 2: can ask I think I had Kelly with me. Illy,
- 12:55Speaker 2: I don't know if you were with me or not.
- 12:57Speaker 2: The night we drove that route that he took and
- 13:00Speaker 2: the oh, you couldn't see a thing. When a Simmy
- 13:06Speaker 2: would come toward me, I would have to just pull
- 13:08Speaker 2: off the road because I could not see anything. I've
- 13:12Speaker 2: got twenty twenty and twenty eighteen, and it was so dark.
- 13:16Speaker 2: All I could see were big lights coming straight at
- 13:19Speaker 2: the car. So I just pull off and wait. And
- 13:22Speaker 2: I'm usually a much more aggressive driver that said, Chris,
- 13:26Speaker 2: did I interrupt you? Or did I interrupt deal? Carson?
- 13:29Speaker 2: Is there?
- 13:29Speaker 4: No, You're fine, Nancia, And you know we're always honored
- 13:32Speaker 4: to be here as your guest, and you were so
- 13:36Speaker 4: right on target here right. One of the things I've
- 13:38Speaker 4: been thinking about, you know, knowing that both you and
- 13:42Speaker 4: I have driven it, and this idea of Okay, why
- 13:46Speaker 4: are they going so far to say in the motion
- 13:51Speaker 4: that well, we'll figure out this alibi on the state's
- 13:54Speaker 4: witnesses through questioning right? Well, I'm thinking, well, how is
- 13:59Speaker 4: that them to play here? And the only thing I
- 14:02Speaker 4: can think of is this medical condition. But I could
- 14:05Speaker 4: be one hundred percent wrong.
- 14:06Speaker 2: However, that are you talking about insomnia? Because what the
- 14:11Speaker 2: perfect cure for insomnia you can't go to sleep is
- 14:13Speaker 2: to go out in the sub zero call Champs with
- 14:16Speaker 2: your windows down and the snow that's supposed to get
- 14:19Speaker 2: you sleepy.
- 14:19Speaker 4: Exactly. Yeah, that's kind of where I'm going in my head.
- 14:24Speaker 4: But that in of itself, if you take that night
- 14:29Speaker 4: for an example of all the activity, you know, just
- 14:32Speaker 4: hours before this tragedy goes down, there are kids everywhere
- 14:37Speaker 4: from the college. I mean, we know about the police
- 14:39Speaker 4: contact with the alcohol and that, and then there's these
- 14:43Speaker 4: videos that have surfaced where they're showing the cars, you know,
- 14:47Speaker 4: various cars pulling up and some people believing that's them.
- 14:52Speaker 4: The authorities haven't released that yet, but what that does
- 14:55Speaker 4: is it opens up a narrative, and you know this
- 14:58Speaker 4: more than anybody, for the fence to start saying some
- 15:01Speaker 4: other dude, some.
- 15:03Speaker 2: Others saw defense, some other dude did it, oh.
- 15:08Speaker 4: Yep, And then they create their theme around it and
- 15:12Speaker 4: they start projecting it into the public through these motions
- 15:16Speaker 4: and see what sticks. I think that's what's been going
- 15:20Speaker 4: on here. And you've been on top of this, you know,
- 15:24Speaker 4: from the from the beginning. We've talked about this multiple times.
- 15:27Speaker 2: Dale, Carson, Chris mc donna, and I are dragging you
- 15:30Speaker 2: by your toenails. You can bring your wife, just bring everybody,
- 15:32Speaker 2: the cat, the dog, to everybody. You've got to go
- 15:36Speaker 2: out there and you've got to wait like we did
- 15:39Speaker 2: around midnight and take that route that he took about
- 15:43Speaker 2: a fortese of sid Wasn't it a forty five minute
- 15:45Speaker 2: route from the murder scene to his apartment and it's
- 15:51Speaker 2: actually about a nine to twelve minute drive. He was
- 15:55Speaker 2: out on this long, circuitous route getting himself as far
- 15:59Speaker 2: away from the murder scene as possible home. It was
- 16:02Speaker 2: like his how his apartment at Pullman is here, the
- 16:05Speaker 2: murder scene is here, So he goes all the way
- 16:10Speaker 2: around in the dark, no street lights to right here
- 16:13Speaker 2: instead of going boop, That's that's what happened. Now right there.
- 16:18Speaker 2: A jury is going to say, no way.
- 16:20Speaker 3: That's exactly right, that's exactly right, Nancia. Jury is going
- 16:25Speaker 3: to begin with this case with him surveilling in some
- 16:29Speaker 3: way or another that house where these young gals lived,
- 16:33Speaker 3: and then they're going to bring it right up to
- 16:35Speaker 3: the very end. Where is that sheet for the knife?
- 16:39Speaker 3: Is found with his DNA on it and a reasonable
- 16:42Speaker 3: jury is going to find him guilty. Clearly, they want
- 16:46Speaker 3: to postpone this trial as long as they can in
- 16:50Speaker 3: order for the hubbub if you will, to die down,
- 16:53Speaker 3: which it's not gonna because this is such a massive
- 16:56Speaker 3: killing in a rural area. There are forty four counties
- 17:00Speaker 3: in Idaho. They don't even have a public defender's office
- 17:03Speaker 3: per se. What they do is they engage the services
- 17:07Speaker 3: of attorneys who are in the areas because it's so
- 17:11Speaker 3: rural and there are different rules for every one of
- 17:15Speaker 3: those counties, so they don't have to have depositions day
- 17:18Speaker 3: they can.
- 17:19Speaker 2: Now, before you go off on depositions, isn't it true?
- 17:22Speaker 2: They never planned to try this case within this speedy
- 17:27Speaker 2: trial period at all. This is just to acrue to
- 17:31Speaker 2: drive this take crazy because I can tell you this much, Dale,
- 17:34Speaker 2: And I don't know if this happened to you, Chris,
- 17:35Speaker 2: when you would be a witness on the stand as
- 17:37Speaker 2: homicide detective. But I don't care if it was a shoplifting,
- 17:41Speaker 2: I don't care if it's a theft by receiving, if
- 17:44Speaker 2: somebody hit me with a speedy they're going out first.
- 17:49Speaker 2: I mean Monday morning, as quickly as I can put
- 17:52Speaker 2: that case together. And then when I do get a conviction,
- 17:56Speaker 2: I'm lucky enough to get a conviction, then they're getting
- 17:59Speaker 2: the max because.
- 18:01Speaker 3: Look, but speedy trial issue, at least from the public
- 18:05Speaker 3: the defense side, is this, you set it for speedy
- 18:08Speaker 3: trial when you know the state has to change its
- 18:12Speaker 3: behavior in order to give you a reduced sentence. That
- 18:15Speaker 3: was never going to happen in this case. And so
- 18:19Speaker 3: when you request speedy the government knows that you think
- 18:23Speaker 3: your client is provably innocent, and that's never been the
- 18:27Speaker 3: case here. So you know it was a tool.
- 18:30Speaker 2: Just a way to screw with the state. Yeah, they
- 18:32Speaker 2: never intended. And the outcome is if the state didn't
- 18:36Speaker 2: try it on time, there would be an automatic acquittal
- 18:39Speaker 2: and there is no retrial that jeopardy attaches.
- 18:47Speaker 3: Yeah, but if the jury panels not born in jeopardy
- 18:51Speaker 3: doesn't attach.
- 18:52Speaker 2: Guys, I was just handed this. It's highly complicated and
- 18:56Speaker 2: it's very tech oriented. It's perfect. Sidney drew this, Okay,
- 19:01Speaker 2: ten minutes. I love holding up any type of a
- 19:05Speaker 2: visual apartment to house. As I mentioned earlier, I thought
- 19:11Speaker 2: it was not it's ten minutes from the apartment to
- 19:12Speaker 2: the house. But the route he took that night is
- 19:16Speaker 2: from the house twenty minutes this way, twenty minutes that way.
- 19:19Speaker 2: In twenty minutes. It wasn't forty five sending your right,
- 19:22Speaker 2: It was more like an hour. He goes for an
- 19:25Speaker 2: hour drive. And how is he going to explain that
- 19:28Speaker 2: to a jury? I mean that just starts with Now, okay,
- 19:33Speaker 2: let's talk about what's going to happen to court. And again,
- 19:35Speaker 2: Chris mcdonnet dale please jump in.
- 19:38Speaker 4: Hey, Nancy, can we talk want to just go back
- 19:41Speaker 4: just for a second on the drive.
- 19:43Speaker 2: Yes, didn't he.
- 19:44Speaker 4: Show up that morning as well?
- 19:47Speaker 3: Yes?
- 19:47Speaker 4: Isn't there wasn't there evidence that they believed he potentially
- 19:52Speaker 4: went back, and there was reports of his vehicle in
- 19:56Speaker 4: the area that morning.
- 19:57Speaker 2: That's right, he went back, and it reminds you of
- 19:59Speaker 2: Scott Peterson going back after he murdered Lacy, his wife
- 20:05Speaker 2: and unborn child Connor. But go back and look out
- 20:08Speaker 2: of the San Francisco Bay and just look at it,
- 20:11Speaker 2: because there was a GPS tracker on his car, so
- 20:14Speaker 2: we know he went back over and over to look
- 20:16Speaker 2: out there. What was he looking to see? Her body
- 20:18Speaker 2: was going to pop up. But that's really common amongst
- 20:21Speaker 2: defendants is they go back to the scene to just
- 20:24Speaker 2: see what's going on.
- 20:25Speaker 3: They want to order you to live. It didn't mean
- 20:27Speaker 3: that's part of their conduct.
- 20:30Speaker 4: Typically, right, So how is this going to play into
- 20:33Speaker 4: the end?
- 20:34Speaker 3: Bundy did that. All of the major serial killers have
- 20:40Speaker 3: done that. And although we don't know that he is
- 20:42Speaker 3: a serial in the sense of having clearly click killed
- 20:45Speaker 3: other people previously, we do know that with a quad murder,
- 20:49Speaker 3: he certainly is a serial killer and he has all
- 20:53Speaker 3: of the we'll think about it. He is so in
- 20:56Speaker 3: the law enforcement that he tries to be a police officer,
- 21:00Speaker 3: to be a really well known, if you will, graduate
- 21:04Speaker 3: student in criminal justice. I mean, what other indications are
- 21:08Speaker 3: there that somebody's just involved terribly in law enforcement.
- 21:14Speaker 4: Yet he can't get into it.
- 21:16Speaker 3: Thank God.
- 21:30Speaker 1: Time stories with Nancy Grace.
- 21:34Speaker 2: There hasn't been a lot of discussion about this and
- 21:36Speaker 2: all because everyone is focused on the challenge to the
- 21:39Speaker 2: DNA on the knife sheath. And one thing I want
- 21:43Speaker 2: to point out, and I think you and I the
- 21:46Speaker 2: three of us have talked about this, maybe off camera.
- 21:50Speaker 2: They've got to have a way to fight that DNA.
- 21:53Speaker 2: It's his DNA on the knife sheath that he left
- 21:56Speaker 2: under the body of Maddie Mogen. His DNA, we believe,
- 22:02Speaker 2: is on the buckle the snap of that knife sheath.
- 22:06Speaker 2: Now they've got to come up with the way. They're
- 22:09Speaker 2: either going to say the DNA science is flawed, that
- 22:14Speaker 2: his DNA was there incidentally or accidentally, maybe he went
- 22:19Speaker 2: to a gun and knife show and opened up that
- 22:21Speaker 2: knife and left his DNA, or he can claim it
- 22:27Speaker 2: was planted. But think about it. The knife sheath was
- 22:35Speaker 2: collected from under Maddie's body before Brian Coburger became a suspect.
- 22:45Speaker 2: What I mean by that is significance. The knife sheath
- 22:48Speaker 2: was taken and handed over to the crime lab to
- 22:51Speaker 2: the scientists to try to find DNA or fingerprints, and
- 22:55Speaker 2: it was only weeks and weeks later that Brian Coburger
- 22:59Speaker 2: was ID So how could they have planted the DNA?
- 23:03Speaker 2: And it's very likely that some of the cops in
- 23:06Speaker 2: there processing the scene had on a shoulder camera body cam,
- 23:11Speaker 2: so there may even be video of when the knife
- 23:15Speaker 2: sheath was found. So just follow this through to its
- 23:18Speaker 2: logical conclusion. That means that someone would have to after
- 23:22Speaker 2: Coberger is named as a suspect, get his DNA, not
- 23:27Speaker 2: his father's DNA, but his DNA, and go to the
- 23:31Speaker 2: crime lab, get in to where they're holding all the evidence,
- 23:37Speaker 2: probably get someone to conspire with them and plant his
- 23:43Speaker 2: DNA Coburg's DNA on the knife sheet.
- 23:45Speaker 3: Nancy, that narrative is why you were a good prosecutor,
- 23:49Speaker 3: because that's exactly he's gonna tell the jury.
- 23:54Speaker 2: I mean, yeah, people love to hear about, oh, the
- 23:57Speaker 2: evidence was planted, but think about what it would have
- 24:00Speaker 2: required to plant his Coburger's DNA on that snap on
- 24:07Speaker 2: that sheet. That did not happen. Okay, so they got
- 24:11Speaker 2: to fall back on the other three attacks on the DNA.
- 24:14Speaker 2: But Jackie was holding up a sign and I agree,
- 24:17Speaker 2: because we're all focusing on the DNA and the unknown
- 24:20Speaker 2: male DNA that was found somewhere in the house. I
- 24:23Speaker 2: don't know it was in the kitchen, was it on
- 24:25Speaker 2: a doorknob, was it in a bathroom? Where was it?
- 24:28Speaker 2: Don't know? But they haven't been able to match that
- 24:32Speaker 2: other DNA to a single person. And we don't know
- 24:35Speaker 2: of any male DNA that was in the girl's bedrooms.
- 24:39Speaker 2: That said. No, one's been talking about the fact that
- 24:42Speaker 2: Coburger is fighting tooth and nail to keep cameras out
- 24:46Speaker 2: of the courtroom. To you, Chris McDonough, why do you
- 24:50Speaker 2: think Coburger doesn't want a camera in the courtroom?
- 24:53Speaker 4: Well, I think for him it's quite Frankly, I think
- 24:59Speaker 4: it's more about attorneys than it is for him. I
- 25:01Speaker 4: think he he probably wants them in there, but the
- 25:05Speaker 4: attorneys don't want them in there because they know that
- 25:08Speaker 4: the public will see what he is about through his
- 25:13Speaker 4: body language, not only how he reacts, you know, I
- 25:17Speaker 4: mean you you know, I can only imagine when you
- 25:20Speaker 4: would ask questions to a witness, to watch the defendant's reaction.
- 25:26Speaker 4: You know, Jerry's pay attention to that very closely, as
- 25:29Speaker 4: we all know. And you know, just to jump real
- 25:32Speaker 4: fast back to the DNA gap, I E. You know,
- 25:36Speaker 4: somebody planted it, i e. Law enforcement and or the government.
- 25:41Speaker 4: But it also if we were to try to think
- 25:44Speaker 4: through this a little bit deeper with the some other
- 25:47Speaker 4: dude theory, then they would have to find somebody that
- 25:51Speaker 4: had a direct correlated link to Covert somehow put that
- 25:58Speaker 4: sheet in his hand and during that time of that relationship,
- 26:04Speaker 4: and then of course that individual would be the suspect
- 26:06Speaker 4: who planted it up into that bedroom. And what's interesting
- 26:12Speaker 4: here is the fact that it's in the bedroom, and
- 26:17Speaker 4: that is a very personal approach. And Coberger would be
- 26:23Speaker 4: the most logical individual through his personality type and through
- 26:28Speaker 4: obviously all of the forensic diagnosis of this guy psychological. Yeah,
- 26:34Speaker 4: go ahead, remember following on that, Remember they were killed
- 26:38Speaker 4: with a.
- 26:38Speaker 3: Knife, a seat knife.
- 26:40Speaker 4: Probably, Yeah, well, and that's a very personal instrument, right, dell.
- 26:44Speaker 2: Y Again, Sydney and Jackie are waving frantically at me,
- 26:49Speaker 2: and they're right again. There is Coburgers and the state
- 26:54Speaker 2: has this purchase of the night a knife and a
- 26:58Speaker 2: sheep exactly like the one the sheet that was found.
- 27:02Speaker 2: They goes with the knife seven months before the murders.
- 27:07Speaker 2: He buys a knife and a sheath and it looks
- 27:11Speaker 2: just like the sheath found there with the matching knife.
- 27:13Speaker 2: The knife has never been recovered. So my question would be,
- 27:17Speaker 2: so where's that knife and that knife sheath? If this
- 27:20Speaker 2: isn't it, then where is it exactly?
- 27:23Speaker 4: And that's a very high bar that they're going to
- 27:25Speaker 4: have to try to get over just that piece alone.
- 27:28Speaker 2: Hey, listen to this, guys, the defense is I bet
- 27:33Speaker 2: they don't. They do not like cameras exclusively looking at
- 27:39Speaker 2: their client. And I just want to remind everybody of something.
- 27:42Speaker 2: And we went round and round about this when I
- 27:45Speaker 2: took a job at Court TV with the late great
- 27:48Speaker 2: Johnny Cochrane, God rest his soul. I didn't agree with
- 27:52Speaker 2: the thing he ever said, But man, he could win
- 27:55Speaker 2: a case. Jerry's love him, and I can see why,
- 28:00Speaker 2: just you know that kind of person. They walk in
- 28:02Speaker 2: the room and everybody wants to be with them. They's just,
- 28:05Speaker 2: you know, charismatic. Always with every case the defense did
- 28:11Speaker 2: not want cameras in the courtroom. Well, the majority of
- 28:14Speaker 2: the case is why and why did Court TV think
- 28:18Speaker 2: there should be cameras in the courtroom? And our Constitution,
- 28:23Speaker 2: the Founding Fathers there's something called the minutes. The minutes
- 28:28Speaker 2: are what's being said say on the floor in the
- 28:32Speaker 2: room when statutes are being passed, and our Constitution calls
- 28:38Speaker 2: for open courtrooms. And in the minutes, the Founding Fathers said,
- 28:46Speaker 2: we want the courthouses to be as big as it
- 28:48Speaker 2: takes for the whole community to watch a trial. We
- 28:52Speaker 2: are not Russia, we are not China, where proceedings happen
- 28:57Speaker 2: in secret. We're not being run by the Taliban, who
- 29:02Speaker 2: are jury, judge and executioner. Our proceedings are in the
- 29:09Speaker 2: open and in our world. That means we all see
- 29:16Speaker 2: justice unfold. Here, where Del Carson is, where Chris McDonough is,
- 29:26Speaker 2: we can watch justice unfold. That's what the founding fathers said.
- 29:33Speaker 2: And if the defense doesn't like it, well they shouldn't
- 29:37Speaker 2: done the crime.
- 29:38Speaker 3: Well. Listen, when you look at Brian Colbert's photographs lately,
- 29:42Speaker 3: he's been smiling. Now, what person charged with a quadrupful
- 29:47Speaker 3: homicide would be smiling in any event during the course
- 29:51Speaker 3: of any court appearance. You'd be absolutely mortified. But not
- 29:57Speaker 3: Brian Coberger. Why is that? And that's a question for
- 30:01Speaker 3: the psychologists, But I suspect it's because he's enjoying himself.
- 30:08Speaker 4: Yeah, And I asked the psychologist that same question Dale,
- 30:12Speaker 4: and his answer was because he's the punisher.
- 30:15Speaker 3: Yeah. All right, fair enough, guys.
- 30:17Speaker 2: We have our eyes on the courtroom as these proceedings
- 30:22Speaker 2: go forward, and we pray for justice. Dale Carson, high
- 30:28Speaker 2: profile lawyer joining that out of Jacksonville, former FBI, former cop,
- 30:33Speaker 2: Chris McDonough, former homicide detective director Cole case Foundation, star
- 30:39Speaker 2: of YouTube's The Interview Room. You know we're laughing at
- 30:44Speaker 2: certain points, but I can tell you some people that
- 30:47Speaker 2: aren't laughing. The families of Ethan Chapin, Xana Kernodle, Madison
- 30:55Speaker 2: Mogan aka Maddie, and Kelley gonsold Us because they will
- 31:03Speaker 2: never be at home for another Christmas, another party, another birthday,
- 31:12Speaker 2: another mother's day. It's all over. They are never to
- 31:19Speaker 2: be seen on this earth again, and their killer must
- 31:25Speaker 2: be brought to justice. Goodbye, Sai