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Murder In Moscow: Scott Peterson's Former Lawyer And His Take On The Kohberger Case · Beyond The Horizon

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  Speaker 1: What's up, everyone, and welcome back to the program. Anytime
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  Speaker 1: you have a story that catches the headlines, like the
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  Speaker 1: murders in Moscow have, you're going to have a lot
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  Speaker 1: of people that come out and have some opinions about
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  Speaker 1: what went down. And a lot of those opinions, obviously
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  Speaker 1: are coming from ex lawyers or federal prosecutors or FBI agents,
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  Speaker 1: and it's interesting to see how each one of them,
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  Speaker 1: depending on what their background is, how they approach things.
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  Speaker 1: You have the defense attorneys who are always talking about
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  Speaker 1: how you can punch holes in this, that or the
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  Speaker 1: other thing, and then you have the former prosecutors or
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  Speaker 1: FBI agents who get out there and talk about how
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  Speaker 1: strong all of the evidence in the affidavit is. Well,
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  Speaker 1: it can't be both ways, right, It's either one or
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  Speaker 1: the other. Either that evidence is strong or they're going
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  Speaker 1: to be able to punch some holes in it. Now,
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  Speaker 1: my guess is they'll be able to punch some holes
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  Speaker 1: in certain pieces of evidence that get provide. However, we
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  Speaker 1: have to keep in mind that we have only seen
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  Speaker 1: just the very surface of what the investigators have cooking up,
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  Speaker 1: and even in this probable cause affid David that was released,
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  Speaker 1: they gave us more information than we usually get in
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  Speaker 1: one of those probable cause affid David's, So that leads
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  Speaker 1: me to believe that they have a lot more that
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  Speaker 1: they just didn't want to put in there yet. So
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  Speaker 1: with that in mind, we're going to hop into our
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  Speaker 1: article from Law and Crime where we're going to hear
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  Speaker 1: from Scott Peterson's former attorney who says that the Coburger
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  Speaker 1: defense can poke holes in every single piece of evidence
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  Speaker 1: against them. Now, I don't know how much advice I'd
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  Speaker 1: be taking from Scott Peterson's lawyer, considering Scott Peterson is
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  Speaker 1: never getting out of jail again. But here we are,
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  Speaker 1: once again hearing from a defense attorney who lost a
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  Speaker 1: major case talking about how somebody else is going to
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  Speaker 1: win theirs headlined Scott Peterson's former attorney says, Brian Coburger's
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  Speaker 1: defense can poll coles in every single piece of evidence
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  Speaker 1: against them. Yeah, you mean the evidence that you've seen.
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  Speaker 1: What about all of the evidence that hasn't been provided yet?
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  Speaker 1: And I wonder if she was this confident before Scott
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  Speaker 1: Peterson got sent to the clink for the rest of
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  Speaker 1: his life. It always cracks me up with these big
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  Speaker 1: talking defense attorneys who end up having their biggest clients
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  Speaker 1: lose their cases and go to prison forever. But yet
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  Speaker 1: they're gonna get out here and talk about how this
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  Speaker 1: one should punch holes in that piece of evidence.
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  Speaker 2: Okay.
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  Speaker 1: This article was authored by Colin Combocker, a former attorney
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  Speaker 1: for convicted murderer Scott Peterson says that Brian Coberger's defense
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  Speaker 1: counsel should be able to poll Coles in every single
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  Speaker 1: piece of this evidence law enforcement has publicly released in
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  Speaker 1: the case accusing the criminal justice graduate of the Grizzly
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  Speaker 1: quadruple homicide that took the lives of four University of
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  Speaker 1: Idaho's students late last Well, yeah, of course, any halfway
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  Speaker 1: competent attorney should be able to look at this evidence
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  Speaker 1: and try and punch some holes in it. The question
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  Speaker 1: is what strategy are you going to use to punch
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  Speaker 1: those holes? Is it gonna be all based on technical
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  Speaker 1: Oh well, this couldn't have happened or his phone pinged
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  Speaker 1: here because he lived ten miles away. That's all fine
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  Speaker 1: and well, and that's something that you can say, but
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  Speaker 1: you're gonna have to prove that in a court of law.
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  Speaker 1: So I find all of this bombastic talk about how
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  Speaker 1: this is gonna get a hole punched in it, or
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  Speaker 1: that's gonna get a hole punched in it to be laughable, honestly,
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  Speaker 1: because all of this talk usually ends up fizzling out
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  Speaker 1: and turning into nothing. I remember Glenn Maxwell's lawyers popping
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  Speaker 1: off at the lip about this and that and the
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  Speaker 1: other thing, and about how they're experts are gonna come
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  Speaker 1: in and you'll see how innocent their client was. Yeah, okay,
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  Speaker 1: that worked out well for everybody involved, because guess what, folks,
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  Speaker 1: if you're not innocent, it doesn't matter what sort of
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  Speaker 1: histrionics your lawyer goes through, it doesn't matter what sort
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  Speaker 1: of pomp and circumstance he or she tries to create,
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  Speaker 1: because if there's no evidence to back that up, then
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  Speaker 1: it's nothing more than a dog and pony show put
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  Speaker 1: on by the defense team to try and sow some
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  Speaker 1: seeds of doubt in the minds of the jurs. But unfortunately,
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  Speaker 1: for a lot of these defense teams, the jurors are
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  Speaker 1: a lot smarter than that, and they take their time
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  Speaker 1: to go through the evidence, process the evidence and look
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  Speaker 1: at what the truth is not, what the spin is not,
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  Speaker 1: what the might have bins are what the actual facts
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  Speaker 1: in the case are. And of course the defense is
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  Speaker 1: going to try and use every single thing available to
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  Speaker 1: them to get their client off, and they should do that.
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  Speaker 1: But the hard part is getting the jerry to buy
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  Speaker 1: the bullshit that you're selling. During the early morning hours
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  Speaker 1: of November thirteenth, twenty twenty two, Ethan Chapin, Xanakernodle, Kaylee Gonsalves,
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  Speaker 1: and Madison Mogan were stabbed to death on the second
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  Speaker 1: and third floors of an off campus house in the
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  Speaker 1: college town of Moscow. Some of the victims were killed
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  Speaker 1: as they slept, according to the Leyta County Coroner. Notice
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  Speaker 1: how the narrative has shifted right to some of them
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  Speaker 1: have been killed while they slept. Remember when we first
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  Speaker 1: heard about the story, it was they were all killed
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  Speaker 1: while they were sleeping. But that's obviously not the case
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  Speaker 1: considering what we heard in that affid. David Coburger was
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  Speaker 1: arrested earlier this month at his parents' home in Pennsylvania
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  Speaker 1: after a cross country trek with his father in a
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  Speaker 1: white Hondai Lantra, the same make and model of a
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  Speaker 1: car that law enforcement identified as the subject of their investigation.
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  Speaker 1: In the aftermath of the shocking massacre. Lara Euretzian sat
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  Speaker 1: down for an interview with Long Crime Network reporter Annette
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  Speaker 1: Levee during a recent episode of Sidebar. Near the end
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  Speaker 1: of the interview, the one time member of Peterson's defense
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  Speaker 1: team took issue with the strength of some of the
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  Speaker 1: evidence marshaled against the defendant in a probable Cause affid. David, So,
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  Speaker 1: I always like to present both sides of the argument here,
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  Speaker 1: right because I want to follow the evidence wherever it
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  Speaker 1: leads us. However, so far, the evidence that I have seen,
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  Speaker 1: it's not looking good for Coburger. So all of these
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  Speaker 1: defense attorneys that get out here and talk about how
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  Speaker 1: all these holes are going to get punched in the
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  Speaker 1: Avid David, I have my doubts about that. Levy recounted
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  Speaker 1: perhaps the most dramatic account from that core document, an
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  Speaker 1: account by surviving roommate Dylan Mortensen. The probable Cause affid
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  Speaker 1: David reads. DM stated she opened her door for the
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  Speaker 1: third time after she heard the crying and saw a
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  Speaker 1: figure clad in black clothing and the mass that covered
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  Speaker 1: the person's mouth and nose, walking towards her. The figure
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  Speaker 1: as five foot ten or taller mail not very muscular,
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  Speaker 1: but athletically built, with bushy eyebrows. The male walked past
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  Speaker 1: DM as she stood in a frozen shock phase. The
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  Speaker 1: maile walked towards the back sliding glass door. Now this
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  Speaker 1: isn't going to be really a home run hit for
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  Speaker 1: the prosecution here. There's no doubt that this is something
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  Speaker 1: that can have some holes poked in it.
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  Speaker 2: She didn't see his face, she.
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  Speaker 1: Saw the bushy eyebrows and a general vague description of
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  Speaker 1: who she says was the person who committed these murders.
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  Speaker 1: So that's going to be something that the defense can
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  Speaker 1: certainly sink their teeth into, no doubt about that. But
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  Speaker 1: when you look at everything else that has been added
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  Speaker 1: to this, all of the other evidence, I just don't
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  Speaker 1: see a way out for Coburger.
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  Speaker 2: Here.
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  Speaker 1: She says she saw a man clad in black walked
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  Speaker 1: toward her door, going out the sliding glass door, and
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  Speaker 1: she said he had bushy eyebrows. The host prompted her guest.
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  Speaker 1: To our knowledge, she hasn't said yeah, that was him,
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  Speaker 1: but she gives a description. And I said this earlier
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  Speaker 1: when we first got this information. While I think it's
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  Speaker 1: a decent bit of evidence to have. It's not truly
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  Speaker 1: an eyewitness account of what went down, So I don't
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  Speaker 1: know how strong that's going to be. As far as
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  Speaker 1: testimony in the courtroom. I don't know if this is
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  Speaker 1: going to be like a home run for the prosecution,
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  Speaker 1: but it will add a little bit of flavor to
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  Speaker 1: the sauce. She can't say that it was him because
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  Speaker 1: his face is covered, you're etsy, and replied again, all
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  Speaker 1: of this is circumstantial evidence, and I would expect the
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  Speaker 1: defense to be attacking every single piece of evidence that
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  Speaker 1: they had at least mentioned in that Affidavid, because there
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  Speaker 1: are ways to poke holes in every single of these pieces, right, Well,
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  Speaker 1: of course there is if you're doing it in a
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  Speaker 1: singular manner, but in the totality of everything we know,
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  Speaker 1: it makes it a lot more difficult. You have to
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  Speaker 1: take a lot of leaps and go to a lot
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  Speaker 1: of places where you're giving Coburger a big time benefit
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  Speaker 1: of the doubt in the face of some pretty strong evidence. Now,
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  Speaker 1: obviously dude hasn't been convicted yet, so we can't run
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  Speaker 1: around and say, oh, he definitely did it. But when
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  Speaker 1: you look at everything and the totality of it all
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  Speaker 1: I don't know how any of these defense attorneys consider
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  Speaker 1: and say, oh, yeah, this is gonna be an easy one.
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  Speaker 2: We can poke a lot of holes in all of this.
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  Speaker 1: It's real easy to be confident when you're sitting on
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  Speaker 1: a TV show talking about this. I don't think that
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  Speaker 1: Ann Taylors lawyer shares your confidence. The defense attorney then
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  Speaker 1: went on to analyze how Coburger's own lawyers might dispute
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  Speaker 1: the DNA evidence found that the scene on a sheath
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  Speaker 1: for a knife believed to be the murder weapon. The
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  Speaker 1: Moscow Police Department alleges the DNA on the sheath leads
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  Speaker 1: back to Coburger through a genealogical test based on the
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  Speaker 1: suspects father's DNA. So very strong stuff here. This is
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  Speaker 1: stuff that's been used in court forever. It's like basically
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  Speaker 1: a paternity test, right, So the accuracy is pretty staggering.
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  Speaker 1: On December twenty eighth, twenty twenty two, Idaho State Lab
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  Speaker 1: reported that a DNA profile obtained from the Coburger family's
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  Speaker 1: trash and the DNA profile obtained from the sheath identified
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  Speaker 1: a male as not being excluded as the biological father
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  Speaker 1: of the suspect.
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  Speaker 2: The affidavit says at.
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  Speaker 1: Least ninety nine point nine nine nine eight percent of
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  Speaker 1: the male population would be expected to be excluded from
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  Speaker 1: the possibility of being the suspect's biological father. Euretzian was
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  Speaker 1: less than impressed. Wait a minute, hold on a defense
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  Speaker 1: attorney who's not impressed with forensic evidence. This could have
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  Speaker 1: been something that maybe he touched it at some other time,
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  Speaker 1: transfer type DNA. It could have happened on a previous night,
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  Speaker 1: on a previous date, she mused. Or there may be
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  Speaker 1: issues with the DNA test itself, and I'm sure the
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  Speaker 1: defense will hire their own expert and do their own testing. Now, look,
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  Speaker 1: that sounds great. While you're sitting in a studio somewhere
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  Speaker 1: or in your house on a zoom call doing an interview,
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  Speaker 1: How do you think a jury is going to look
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  Speaker 1: at that? So, as a defense attorney, you mean to
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  Speaker 1: tell me you're gonna walk into a courtroom and you're
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  Speaker 1: going to allege that what there was a relationship between
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  Speaker 1: Brian Coberger and one of these girls, and the relationship
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  Speaker 1: was so deep and so heavy, and they loved him
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  Speaker 1: so much that they slept with the night sheath that
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  Speaker 1: he gave them I mean, how are you going to
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  Speaker 1: sell this to the jury. I just don't understand how
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  Speaker 1: you can do that without any receipts. And by receipts,
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  Speaker 1: I mean, if you're going to come out here and
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  Speaker 1: say that Brian Coberger knew them previously and that's how
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  Speaker 1: the touch DNA got on the knife sheath, you have
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  Speaker 1: to prove that. You just saying that to try and
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  Speaker 1: sew seeds of doubt in the minds of the jury.
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  Speaker 1: That's not going to cut It sounds all fine and
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  Speaker 1: well right now, and something to sink your teeth into
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  Speaker 1: if you're the defense. But when the rubber meets the
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  Speaker 1: road and we get down to it, I highly doubt
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  Speaker 1: any of that kind of nonsense that contrived BS is
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  Speaker 1: going to work.
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  Speaker 2: What's next? It was Bigfoot.
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  Speaker 1: If there's any issues, they're going to bring it up.
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  Speaker 1: The attorney went on in our most critical tone. Euretsian
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  Speaker 1: dismissively referred to the phone related information cited by law
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  Speaker 1: enforcement so far. According to MPD Corporal Brett Payne, Coberger's
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  Speaker 1: phone used the same cellular tower that provided coverage to
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  Speaker 1: the victim's house on at least twelve occasions prior to
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  Speaker 1: November thirteenth, twenty twenty two. He could have been anywhere,
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  Speaker 1: the defense attorney said. He lives eight to ten miles
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  Speaker 1: away from this location where the crime occurred. So how
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  Speaker 1: many other times did it ping Does a tower always
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  Speaker 1: pick up his phone while it's at his house? Pretty
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  Speaker 1: simple way to figure that out, right, Bring the phone
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  Speaker 1: that the police sees to his house and see what happens.
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  Speaker 1: So she talks about all these holes that can be
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  Speaker 1: punched in the evidence. Her arguments are pretty flimsy here,
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  Speaker 1: and I'm certainly not a prosecutor. He could have just
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  Speaker 1: been eight to ten miles away and the cell towers
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  Speaker 1: would have he would have his phone would have picked
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  Speaker 1: up the cell tower in the area of the residence
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  Speaker 1: where the students were. That's nothing strange, Okay, sure, I'm
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  Speaker 1: sure that Jerry is going to feel the same way
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  Speaker 1: as defense attorney for Scott Peterson here.
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  Speaker 2: And here's the censure for me.
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  Speaker 1: All of those houses that he was driving by, including
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  Speaker 1: the Moscow house, allegedly, did any of those Wi Fi
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  Speaker 1: routers pick up his cell phone? My guess is they
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  Speaker 1: might have, So the police definitely have that information. That
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  Speaker 1: was all part of the digital warrants that they were serving,
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  Speaker 1: and if they're using geofence warrants, forget it. This dude
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  Speaker 1: is as good as cooked. And for me, I expect
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  Speaker 1: the government to prove this case right. I'm not giving
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  Speaker 1: them a free pass here. They're gonna have to prove
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  Speaker 1: this case in a court of law. And so far,
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  Speaker 1: with what we have seen with probable cause and with
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  Speaker 1: the investigation up to this point, it looks like they're
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  Speaker 1: on the right path. Now, Coburger's gonna get his chance.
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  Speaker 1: He's gonna have his day in court. He's gonna get
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  Speaker 1: to present his evidence, and when that's presented, we'll certainly
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  Speaker 1: talk about it. But here, this is how the first
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  Speaker 1: stage works. This is the charging phase. This is when
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  Speaker 1: the prosecution is really on the offense. So that's why
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  Speaker 1: we're getting the information that we're getting, and that's why
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  Speaker 1: we're hearing what we're hearing so far. But Coburger's gonna
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  Speaker 1: get his chance as well. And that's why the gag
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  Speaker 1: order is crucial, because there's not gonna be any information
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  Speaker 1: from official sources. So all of the talk about him
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  Speaker 1: being prosecuted in public is a bunch of bs. The
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  Speaker 1: public's gonna do what the public's gonna do. No matter
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  Speaker 1: what our opinions are, that's not going to effect what
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  Speaker 1: a jury sees or hears in that courtroom. And that's
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  Speaker 1: where Brian Kope better make his arguments. All Right, folks,
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  Speaker 1: that's gonna do it for this one. If you'd like
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  Speaker 1: to contact me, you can do that at Bobby Kopuchi
• 15:08
  Speaker 1: at ProtonMail dot com. That's b O B B Y
• 15:12
  Speaker 1: c A p U c c I at proton mail
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  Speaker 1: dot com. You can also find me on Twitter at
• 15:18
  Speaker 1: b O B B y underscore c A p U
• 15:22
  Speaker 1: c c I. The link that I discussed can be
• 15:24
  Speaker 1: found in the description box.