Latest / Beyond The Horizon / Mega Edition: Breaking Down The April 9th 2025 Kohberger Hearings (9/20/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. Brian
- 0:03Speaker 1: Kohlberger made an appearance in court yesterday where both sides
- 0:07Speaker 1: were making their argument over the motions that they filed
- 0:10Speaker 1: in Limine. And while we expected it to be a
- 0:13Speaker 1: rather lengthy proceeding, it ended up running around seven hours.
- 0:17Speaker 1: So in this episode, we're going to recap what went
- 0:19Speaker 1: down during that proceeding and see where things stand as
- 0:23Speaker 1: of now. This article was published by the Daily Mail
- 0:28Speaker 1: and the Headline. Brian Kohlberger makes bombshell claim about two
- 0:31Speaker 1: Idaho murder killers as judge considers if family will testify.
- 0:36Speaker 1: This article was authored by Rachel Sharp. Brian Kohlberger plans
- 0:40Speaker 1: to claim that two killers and two murder weapons were
- 0:43Speaker 1: responsible for the brutal murders of four Idaho students. In
- 0:46Speaker 1: a bombshell revelation in court Wednesday, the accused killer's attorney,
- 0:50Speaker 1: Ann Taylor, said the defense will argue at trial that
- 0:53Speaker 1: more than one person slaughtered Ethan Chapin, Zanna Kernodle, Madison Mogan,
- 0:58Speaker 1: and Kaylee Gonsalves back on November 13th, 2022, in a
- 1:02Speaker 1: crime that shocked America. We have produced an expert that
- 1:05Speaker 1: believes it likely there were two people, two weapons, she revealed. Yeah, well,
- 1:11Speaker 1: if the experts are anything like your buddy Cy Ray,
- 1:14Speaker 1: you should probably go back to the drawing board. Because
- 1:18Speaker 1: the judge is not happy with your expert Cy Ray.
- 1:22Speaker 1: And we're going to get to that a little bit
- 1:24Speaker 1: later here in the article, but You should have seen
- 1:26Speaker 1: the judge's face yesterday. And in fact, he went so
- 1:29Speaker 1: far as to say that people could be disbarred over
- 1:32Speaker 1: the things that Cy Ray is claiming. He told the
- 1:36Speaker 1: defense that they better come correct and they better not
- 1:39Speaker 1: have any of these crazy ass weird conspiracy theories inside
- 1:42Speaker 1: of his courtroom. He's not going to have any time
- 1:44Speaker 1: for it and he's not going to put up with it.
- 1:47Speaker 1: And he was basically admonishing them, telling them, that everything
- 1:50Speaker 1: their boy Cy Ray was saying was not backed up
- 1:52Speaker 1: by truth. And for me, I think that was the
- 1:55Speaker 1: biggest takeaway yesterday. I know other people are talking about
- 1:58Speaker 1: how they can't use the word psychopath or, you know,
- 2:02Speaker 1: sociopath or whatever, but that was never a point of contention.
- 2:06Speaker 1: If you read the court documents like we did, you
- 2:08Speaker 1: know that the prosecution, they never planned on using those
- 2:11Speaker 1: words in the first place. So it was a non-starter.
- 2:15Speaker 1: And for me, I think my biggest takeaway is the
- 2:17Speaker 1: way the judge absolutely slapped down Cy Ray and his
- 2:21Speaker 1: work when it comes to the AT & T authentication records.
- 2:25Speaker 1: And I think that's going to loom large moving forward.
- 2:28Speaker 1: Because as much as Brian Kohlberger's team wants to talk
- 2:31Speaker 1: about how this isn't a battle of the experts, that's
- 2:33Speaker 1: exactly what it is. There's a lot of evidence that's
- 2:37Speaker 1: going to need to be broken down by experts, right?
- 2:41Speaker 1: By expert witnesses, by... you know, forensic people, etc. So really,
- 2:46Speaker 1: that's what it comes down to. And if Brian Kohlberger
- 2:49Speaker 1: is bringing these experts in that are using wonky science
- 2:53Speaker 1: and being admonished by the judge, it's not going to
- 2:55Speaker 1: play out so well for him in front of the jury.
- 2:59Speaker 1: And while I'm certainly open to whatever sort of evidence
- 3:01Speaker 1: Brian Kohlberger says he has about two people being responsible
- 3:05Speaker 1: for the murders, I have to tell you, I haven't
- 3:08Speaker 1: seen any evidence pointing in that direction. The defense attorney
- 3:12Speaker 1: provided no further details about the expert, the theory, or
- 3:15Speaker 1: the evidence pointing to this conclusion. Yeah, that's kind of crucial, right?
- 3:20Speaker 1: Gotta have some evidence of the stuff that you're saying happened. Now,
- 3:23Speaker 1: of course, again, the burden of proof is on the prosecution.
- 3:26Speaker 1: There's no doubt about it. But as the defense, if
- 3:29Speaker 1: you're going to say that Bigfoot showed up with a
- 3:31Speaker 1: chupacabra and they're responsible for the murders, you better have
- 3:35Speaker 1: some evidence of that. However, it comes after the defense
- 3:40Speaker 1: previously revealed plans to present alternate suspects at his murder
- 3:44Speaker 1: trial and to claim that he was framed by the
- 3:46Speaker 1: real killer planting his DNA at the crime scene. Yeah,
- 3:50Speaker 1: it was Mr. Mustard with a candlestick. Maybe it was
- 3:53Speaker 1: the Odinites. I mean, it won't be long now before
- 3:56Speaker 1: we hear that it was the Alberts and the McCabes
- 3:58Speaker 1: who killed these kids in Idaho too. I mean, that's
- 4:01Speaker 1: how absurd things are getting, right? But this is the
- 4:04Speaker 1: way it goes. Anytime you have a case like this
- 4:07Speaker 1: where you don't have anything to go on as a
- 4:09Speaker 1: defense attorney, you're stuck using the loopholes and technicalities strategy,
- 4:13Speaker 1: and that's where Brian Koberger is. We're talking about Hail
- 4:17Speaker 1: Mary territory here, folks. The latest shocking claim came during
- 4:22Speaker 1: a day-long hearing in Ada County, Idaho Wednesday, where the
- 4:26Speaker 1: defense and prosecution went head-to-head over critical evidence in the
- 4:30Speaker 1: high-profile murder case. The 30-year-old criminology PhD student is facing
- 4:35Speaker 1: the death penalty for the murders in Moscow, Idaho. The
- 4:39Speaker 1: four University of Idaho students were brutally stabbed to death
- 4:42Speaker 1: in the early hours of the morning in the off-campus
- 4:45Speaker 1: home the three women shared with two other roommates. The murders,
- 4:49Speaker 1: the first homicide in seven years for the small, tight-knit
- 4:52Speaker 1: college town, plunged the community into fear and sent shockwaves
- 4:56Speaker 1: across the country. Not just across the country, but the world.
- 5:00Speaker 1: And I think a lot of that has to do
- 5:01Speaker 1: with this being so relatable. How many people have college-age kids?
- 5:06Speaker 1: And how many of those kids are away at college?
- 5:08Speaker 1: So people could relate no matter where they were in
- 5:10Speaker 1: the world. And when a story like this happens where
- 5:13Speaker 1: there's no rhyme or reason to it, people certainly pay attention.
- 5:17Speaker 1: Then you add to the fact that you have four
- 5:19Speaker 1: young people murdered with a knife in a town like this.
- 5:23Speaker 1: And yeah, not just the country, but the whole entire
- 5:25Speaker 1: world was drawn into this horrible situation. And when things
- 5:29Speaker 1: are more relatable to you, they're a lot more real.
- 5:32Speaker 1: So I think that's one of the things that drew
- 5:34Speaker 1: people to this case. And then of course there's always
- 5:37Speaker 1: the morbid factor. People are just interested in things that
- 5:40Speaker 1: are absolutely insanely morbid. So there's a lot of that too.
- 5:44Speaker 1: Around six weeks later on December 30th, 2022, police swooped
- 5:48Speaker 1: on Kohlberger at his parents' home in the Poconos region
- 5:51Speaker 1: of Pennsylvania and charged him with the murders. A not
- 5:55Speaker 1: guilty plea was entered on his behalf at his arraignment.
- 5:58Speaker 1: Now staring down the prospect of the firing squad, The
- 6:01Speaker 1: two sides are sparring over what evidence jurors should be
- 6:04Speaker 1: allowed to see at trial this summer. The evidence at
- 6:08Speaker 1: issue includes DNA found on a knife sheath at the
- 6:10Speaker 1: scene and under the fingernails of one of the victims,
- 6:14Speaker 1: the relevance of Kohlberger's autism, the testimony of one of
- 6:17Speaker 1: the surviving roommates, the panic 911 call, and the use
- 6:21Speaker 1: of terms including bushy eyebrows, murderer, sociopath, and psychopath. And
- 6:26Speaker 1: there was a lot made of the term psychopath and
- 6:29Speaker 1: murderer and and sociopath, and I think that was all overblown.
- 6:34Speaker 1: The prosecution isn't going to use language like that and
- 6:38Speaker 1: throw their whole case into jeopardy. That would be crazy.
- 6:43Speaker 1: And there's rules that bar them from doing so. And
- 6:45Speaker 1: Ann Taylor knows that. So what this was was nothing
- 6:48Speaker 1: more than narrative building, right? With the gag order in place,
- 6:53Speaker 1: they can't go out and do a, you know, media blitz,
- 6:57Speaker 1: but they can make these sorts of statements inside the courtroom.
- 7:00Speaker 1: and they could put them in court filings, and then
- 7:02Speaker 1: that creates a narrative in the public sphere. And in
- 7:06Speaker 1: my opinion, that's certainly what Brian Kohlberger's team was attempting
- 7:09Speaker 1: to do here. Dressed in a pale shirt, the suspected
- 7:14Speaker 1: mass killer sat silently at the defense table next to
- 7:17Speaker 1: his legal team including lead attorney Ann Taylor and new
- 7:20Speaker 1: addition DNA expert Bicca Barlow in her first day of
- 7:23Speaker 1: a two-day hearing. During the hearing, Judge Stephen Hippler said,
- 7:27Speaker 1: weighed up what role Kohlberger's own family members will play
- 7:30Speaker 1: at his trial after they were listed as possible witnesses
- 7:33Speaker 1: for the prosecution. Attorney Alyssa Massoth told the judge that
- 7:37Speaker 1: the suspect's family has no interest in helping the prosecution
- 7:40Speaker 1: in its case against the 30-year-old, as the defense argued
- 7:44Speaker 1: they should be allowed to be present for the duration
- 7:47Speaker 1: of the trial, even if being called to state witnesses.
- 7:51Speaker 1: Brian's family has no desire to be used as witnesses
- 7:53Speaker 1: against him, Massoth said. Well, when it comes to the
- 7:57Speaker 1: Amazon stuff, unfortunately, Brian Koberger's lawyers have put Koberger's family
- 8:03Speaker 1: directly in the crosshairs. They're saying that the knife was
- 8:06Speaker 1: purchased on a family account. So that means that it
- 8:09Speaker 1: was somebody else who purchased the knife? Okay, cool. We
- 8:13Speaker 1: have to subpoena everybody and we have to see. And
- 8:16Speaker 1: that was one of the points that the judge brought up. Now,
- 8:19Speaker 1: there's no doubt that I don't think Brian Koberger's family
- 8:22Speaker 1: should be manipulated as a tool here. But if there
- 8:25Speaker 1: is something relevant that they might be able to offer, well, hey,
- 8:29Speaker 1: so be it. But the prosecution was pretty adamant that
- 8:32Speaker 1: they have no plans on using Brian Korberger's family against
- 8:36Speaker 1: him as witnesses. His family loves him and supports him.
- 8:40Speaker 1: He is absolutely dependent on them having been in isolation
- 8:43Speaker 1: for almost two and a half years since his arrest,
- 8:45Speaker 1: she said. She said that if it wasn't for financial
- 8:49Speaker 1: reasons due to the need to travel from Pennsylvania, they
- 8:52Speaker 1: would be in attendance for every court hearing. Well, I
- 8:55Speaker 1: don't know about you folks, but if my kid was
- 8:58Speaker 1: charged with murdering four people and I thought he was innocent,
- 9:02Speaker 1: there isn't a financial barrier that would stop me from
- 9:04Speaker 1: going up to wherever the trial was being held. If
- 9:08Speaker 1: that means I have to get a job while I'm
- 9:10Speaker 1: up there, so be it. but I'm going to be
- 9:12Speaker 1: around to support my kid, especially if I think he's innocent.
- 9:16Speaker 1: But at the same time, we have to remember that
- 9:18Speaker 1: not everybody is built that way. Maybe his family just
- 9:21Speaker 1: doesn't want to deal with all the nonsense, right? The
- 9:23Speaker 1: whole circus that's certainly kicking off. I get that. And
- 9:27Speaker 1: I certainly don't hold any animosity toward Brian Kohlberger's family.
- 9:31Speaker 1: So I'm just speaking from a personal perspective. There's no
- 9:34Speaker 1: way that I'd be able to sit home while these
- 9:37Speaker 1: hearings are happening, especially if I think my kid's innocent.
- 9:43Speaker 1: Kohlberger's lawyers urged the judge to find some humanity for
- 9:46Speaker 1: the accused killer's father, mother, or two sisters. Massoth also
- 9:50Speaker 1: argued that due to his autism, Kohlberger needs his family
- 9:53Speaker 1: here to support him. And I have to tell you,
- 9:55Speaker 1: Alyssa Massoth was throwing a little bit of sass at
- 9:58Speaker 1: the judge, and it's not going to work out for her.
- 10:01Speaker 1: It is not going to work out for her at all.
- 10:04Speaker 1: She better rein that shit in real quick, because I'll
- 10:07Speaker 1: tell you what, the hammer is coming. You could see
- 10:10Speaker 1: the judge getting visibly annoyed yesterday with her, bringing his
- 10:14Speaker 1: hand up to his face. At one point, it looked
- 10:17Speaker 1: like he was blinking his eyes in Morse code. hoping
- 10:19Speaker 1: somebody would rescue him. Prosecutors said they plan to call
- 10:23Speaker 1: some of the suspects family members, but not all. It's
- 10:26Speaker 1: not clear which family members or for what reasons. Actually,
- 10:29Speaker 1: it is clear. They said so yesterday during the hearing.
- 10:32Speaker 1: It has to do with the Amazon stuff. The shared
- 10:35Speaker 1: account that Brian Kohlberger is saying was shared with his
- 10:38Speaker 1: family members. That's what they'd be bringing them up to
- 10:41Speaker 1: to testify about, at least according to the hearing yesterday.
- 10:45Speaker 1: Of course, that's fluid, and things might change, but as
- 10:48Speaker 1: of yesterday, that's what they were talking about. But the
- 10:53Speaker 1: defense told the court that all of his immediate family
- 10:55Speaker 1: members were interviewed at the time of his arrest, and
- 10:58Speaker 1: at best, they believed the state would only call one
- 11:00Speaker 1: of them as a witness. The defense also did not
- 11:04Speaker 1: reveal who they were referring to. The judge seemed to
- 11:07Speaker 1: be swayed by the defense's plea to find a level
- 11:10Speaker 1: of humanity for Koberger's family, but said he would rule
- 11:13Speaker 1: at a later date. I can only imagine what the
- 11:16Speaker 1: family of Mr. Kohlberger is devastated by these things. It's
- 11:20Speaker 1: nothing that they did, and their ability to be here
- 11:23Speaker 1: to see the trial is important, he said. And I
- 11:25Speaker 1: agree with that. There should not be any kind of
- 11:28Speaker 1: impediment holding Brian Kohlberger's family back from going to the trial. Remember,
- 11:33Speaker 1: this man is still innocent. The evidence might be stacked
- 11:36Speaker 1: up against him, but as of right now, he's still innocent.
- 11:40Speaker 1: So he needs to be afforded those rights. And I
- 11:44Speaker 1: think that when Judge Hippler does make his ruling, it
- 11:46Speaker 1: will be favorable to Kohlberger and his family when it
- 11:49Speaker 1: comes to them attending the different proceedings that are going
- 11:52Speaker 1: to pop up. The Kohlberger family has been silent about
- 11:56Speaker 1: the case for the past two years. The only public
- 11:59Speaker 1: comments ever made in a statement released in the days
- 12:02Speaker 1: after his arrest were where they said they care deeply
- 12:05Speaker 1: for the four families who have lost their precious children,
- 12:08Speaker 1: that they were cooperating fully with the investigation, and that
- 12:12Speaker 1: as a family, we will love and support our son
- 12:15Speaker 1: and brother. Exclusive Daily Mail photos captured his father, Michael Koberger, 69,
- 12:21Speaker 1: tending to the garden at the family home in Albrightville,
- 12:23Speaker 1: Pennsylvania in late March. His wife, Mary Ann, 65, remained
- 12:28Speaker 1: inside their home. In Wednesday's hearing, the judge heard arguments
- 12:32Speaker 1: on a string of other motions after the two sides
- 12:35Speaker 1: have submitted a flurry of court documents and requests with
- 12:38Speaker 1: the trial date looming. Brian Koberger's Autism Diagnosis During the hearing,
- 12:43Speaker 1: Koberger's defense brought up his autism diagnosis, something that the
- 12:47Speaker 1: team has argued as a reason for the death penalty
- 12:49Speaker 1: being struck from the case. Koberger's defense told the judge
- 12:53Speaker 1: that if convicted and facing capital punishment, the team will
- 12:57Speaker 1: seek to use his diagnosis as a mitigating factor that
- 13:00Speaker 1: means he should not be sentenced to death. I don't
- 13:04Speaker 1: buy that for a second. If he had the capability
- 13:08Speaker 1: to go after his Ph.D., then he certainly has the
- 13:11Speaker 1: capability to feel the wrath of the people of Idaho
- 13:15Speaker 1: if he's convicted of this, and also with the Dunlap
- 13:18Speaker 1: ruling in Idaho. They've already addressed this sort of issue,
- 13:23Speaker 1: and the Idaho Supreme Court basically laughed it out of court.
- 13:26Speaker 1: So they're going to be very hard-pressed to push this
- 13:28Speaker 1: narrative and get it to hit home. His attorney Ann
- 13:32Speaker 1: Taylor argued some of Kohlberger's behavior, such as the way
- 13:36Speaker 1: he sits and how he talks for a long time,
- 13:39Speaker 1: And that these autism-related characteristics should not be used by
- 13:42Speaker 1: prosecutors as reasons he should get the death penalty. That's
- 13:46Speaker 1: all a moot point. The prosecution was never going to
- 13:48Speaker 1: use his autism as a factor when it comes to
- 13:53Speaker 1: the death penalty. So again, his team is just trying
- 13:56Speaker 1: to build a narrative here and trying to set things
- 13:58Speaker 1: up for later on down the road when it comes
- 14:00Speaker 1: to an appeal. According to Taylor, the state has hundreds
- 14:04Speaker 1: of hours of interviews with people Kohlberger knew at Washington
- 14:08Speaker 1: State University, and that many of them are saying unkind
- 14:11Speaker 1: things about him. Well, maybe that's because he's unkind, right?
- 14:16Speaker 1: I don't know. I've never met the dude. But if
- 14:18Speaker 1: you're going to say it's because of the autism, then
- 14:21Speaker 1: the defense is going to fire back and say, no,
- 14:23Speaker 1: that's just the kind of character that he has, and
- 14:25Speaker 1: he's a, you know, repugnant individual. And of course, it's
- 14:29Speaker 1: going to be up to the jury to decide what
- 14:31Speaker 1: they believe. Prosecutors told the judge they didn't plan to
- 14:36Speaker 1: do so, saying that the state has a lot better
- 14:38Speaker 1: evidence to argue that aggravating factors amount to capital punishment. However,
- 14:43Speaker 1: the prosecution argued that they should be able to respond
- 14:46Speaker 1: if the defense tries to bend Kohlberger's actions and behaviors
- 14:50Speaker 1: on his diagnosis 100%. If they open that door, then
- 14:55Speaker 1: the prosecution can walk through it, so they better tread
- 14:57Speaker 1: very lightly here. The judge went on to issue a
- 15:00Speaker 1: ruling around Kohlberger's autism, ordering the state cannot use his
- 15:04Speaker 1: diagnosis as an aggravating factor if he's convicted, and the
- 15:07Speaker 1: trial enters the death penalty phase, which again is a non-starter.
- 15:12Speaker 1: That's nothing more than clickbait as a headline for these outlets,
- 15:16Speaker 1: because the prosecution was never going to use that in
- 15:19Speaker 1: the first place. Due to changes to Idaho's death penalty procedures,
- 15:23Speaker 1: the 30-year-old could face the firing squad as a method
- 15:25Speaker 1: of execution, a prospect that has been welcomed by some
- 15:29Speaker 1: of the victim's families. Well, I'll tell you what, if
- 15:31Speaker 1: it was my family member, I would think that the
- 15:34Speaker 1: firing squad is too humane. Helicopters, volcanoes. Later in the hearing,
- 15:41Speaker 1: the defense and prosecution sparred over Kohlberger's team's argument that
- 15:44Speaker 1: they should be able to cite his autism as an
- 15:47Speaker 1: explanation for his demeanor in court. The state also hit
- 15:50Speaker 1: out that the defense claims in a recent filing that
- 15:53Speaker 1: he has a physical condition that would have made it
- 15:55Speaker 1: impossible for him to kill four in the roughly 13-minute
- 15:58Speaker 1: time frame. The defense, meanwhile, argued that jurors should hear
- 16:03Speaker 1: about his autism because they also offer an explanation for
- 16:06Speaker 1: some of his behaviors, both in and out of the courtroom.
- 16:10Speaker 1: That doesn't mean anything because those behaviors aren't being judged.
- 16:14Speaker 1: So again, moot point. For example, Kohlberger was allegedly wearing
- 16:19Speaker 1: gloves and placing trash in baggies when police raided his
- 16:22Speaker 1: parents' home and arrested him. The defense argued that rather
- 16:26Speaker 1: than trying to hide his DNA, Kohlberger was wearing gloves
- 16:29Speaker 1: to avoid germs due to his OCD. Come on, that
- 16:32Speaker 1: stuff is just ridiculous. So he's sitting around, putting stuff
- 16:36Speaker 1: in his neighbor's bin, wearing gloves because he has OCD?
- 16:40Speaker 1: Did he wear gloves in class? Was he wearing gloves
- 16:43Speaker 1: when he was doing his labs? To say that the
- 16:46Speaker 1: defense's arguments are thin is an understatement. Arguments were also
- 16:50Speaker 1: heard over whether his autism diagnosis means the death penalty
- 16:53Speaker 1: should be taken off the table. The defense claimed his
- 16:57Speaker 1: demeanor would place him at greater risk of being sentenced
- 17:00Speaker 1: to death, arguing that every move Kohlberger makes is scrutinized,
- 17:04Speaker 1: and claiming he has been presented in the media as
- 17:06Speaker 1: evil and soulless. Well, here's an idea. Petition the court
- 17:10Speaker 1: to drop the gag order. You want Brian Kohlberger to
- 17:13Speaker 1: get such great media? Well, here's your chance. They won't
- 17:16Speaker 1: do that though, right? Because again, it's all about the narrative.
- 17:20Speaker 1: They don't mean any of this stuff they're saying. The
- 17:24Speaker 1: state pushed back, arguing that the precedent previously set are
- 17:27Speaker 1: for intellectual disabilities, which autism is not. The judge plans
- 17:32Speaker 1: to rule on both of these matters at a later date.
- 17:35Speaker 1: All right, we're going to wrap up episode one right here.
- 17:37Speaker 1: And in the next episode, we're going to pick up
- 17:39Speaker 1: where we left off. and finish off our recap of
- 17:42Speaker 1: what went down during Brian Kohlberger's court appearance yesterday. All
- 17:47Speaker 1: of the information that goes with this episode can be
- 17:50Speaker 1: found in the description box. What's up everyone and welcome
- 17:53Speaker 1: back to the program. In this episode we're going to
- 17:56Speaker 1: get right back to the article from the Daily Mail
- 17:59Speaker 1: that was authored by Rachel Sharp detailing what went down
- 18:02Speaker 1: during Brian Kohlberger's appearance in front of Judge Hippler yesterday.
- 18:07Speaker 1: Banned words at trial. The hearing got underway with the
- 18:11Speaker 1: judge agreeing that the terms psychopath and sociopath should be
- 18:14Speaker 1: blocked from the trial, providing a minor win for the suspect.
- 18:19Speaker 1: But not really. Maybe a Pyrrhic victory, but that's it,
- 18:23Speaker 1: considering the prosecution said they were never going to use
- 18:26Speaker 1: those words in the first place. And I don't mean
- 18:29Speaker 1: to keep bringing that up, but I keep seeing that
- 18:32Speaker 1: as if it's some kind of big victory for Brian
- 18:34Speaker 1: Kohlberger when it's certainly not. Kohlberger's defense began by arguing
- 18:38Speaker 1: that the terms murderer, psychopath, and sociopath, and so-called inflammatory evidence,
- 18:44Speaker 1: be struck from the trial. Taylor told the judge that
- 18:49Speaker 1: the defense wants to prevent excessive use of emotional phrasing
- 18:53Speaker 1: where it puts Mr. Kohlberger in a position where the
- 18:56Speaker 1: jury is already inflamed. I mean, we're talking about a
- 18:59Speaker 1: brutal quadruple homicide here, and the facts that are surrounding
- 19:03Speaker 1: this murder, or murders I should say, are absolutely brutal.
- 19:08Speaker 1: So the pictures are going to be brutal, and the
- 19:10Speaker 1: terminology is what it is, at least when it comes
- 19:13Speaker 1: to murderer. Now, I agree with psychopath and sociopath. Those
- 19:18Speaker 1: terms should not be uttered by the prosecution, unless, of course,
- 19:21Speaker 1: there's a medical diagnosis that says that's what Brian Kohlberger is.
- 19:26Speaker 1: But we haven't had any of those medical diagnosis, so
- 19:29Speaker 1: I don't think there is any place for that kind
- 19:32Speaker 1: of terminology anyway. And that's basically what the judge told
- 19:36Speaker 1: Ann Taylor. Judge Stephen Hippler quickly made clear that he
- 19:40Speaker 1: did not see the purpose of the defense motions because
- 19:43Speaker 1: they simply point to standard courtroom conduct that he expects
- 19:47Speaker 1: both sides to follow. And this is what I've been mentioning.
- 19:51Speaker 1: This is all baked in, right? You have certain rules
- 19:53Speaker 1: you have to follow as a lawyer. You can't just
- 19:55Speaker 1: come out and start, you know, popping off at the lip,
- 19:58Speaker 1: doing whatever you want. But I see people making this
- 20:01Speaker 1: big deal out of the terms not being used at
- 20:03Speaker 1: the trial like it was some kind of gigantic victory.
- 20:07Speaker 1: where Judge Hipler right here himself is telling you that
- 20:10Speaker 1: he expects both sides just to adhere to the Idaho
- 20:13Speaker 1: state rules of evidence. And of course those safeguards come
- 20:16Speaker 1: baked in. And that was the point that the judge
- 20:18Speaker 1: was making to Brian Koberger's team yesterday. I don't think
- 20:23Speaker 1: I need an order as the rules apply that they
- 20:25Speaker 1: are rules, which means they will be followed, he said.
- 20:29Speaker 1: Taylor argued that it was preventative, something that the prosecution
- 20:32Speaker 1: argued isn't necessary. When it comes to inflammatory evidence, such
- 20:36Speaker 1: as crime scene photos, Judge Hipler pointed out that the
- 20:39Speaker 1: crime scene photos are particularly graphic. And of course, that's
- 20:44Speaker 1: all part of what Brian Kohlberger is trying to avoid.
- 20:47Speaker 1: If he can get those photos not being shown in
- 20:49Speaker 1: the court, great, he'd love that. But that's never going
- 20:52Speaker 1: to happen. Now his team had to take the shot.
- 20:55Speaker 1: They have to do whatever they can to try and
- 20:57Speaker 1: get their guy off. But there's no way that the
- 21:00Speaker 1: judge is going to bar those photos from being in
- 21:03Speaker 1: the court. Now, we might not get to see them
- 21:06Speaker 1: as the public, just like in the Lori Vallow trial
- 21:09Speaker 1: and Chad Daybell trial. We didn't get to see a
- 21:11Speaker 1: lot of those photos. But they were shown to the jurors,
- 21:15Speaker 1: and they were shown inside the courtroom, and I have
- 21:17Speaker 1: no doubt that the same is going to occur here.
- 21:20Speaker 1: But make no mistake that these murders, whoever committed them,
- 21:23Speaker 1: were brutal and were horrific, and so I suspect that
- 21:26Speaker 1: the evidence reflects that. While the judge did agree that
- 21:30Speaker 1: the words psychopath and sociopath could not be used at trial,
- 21:33Speaker 1: he said this is because Kohlberger has not been given
- 21:36Speaker 1: a diagnosis as such, so it wouldn't be relevant to
- 21:39Speaker 1: the case. He told both sides he simply expects them
- 21:42Speaker 1: to follow the courtroom standards. So, a real big win, huh?
- 21:47Speaker 1: How is it a big win if you're told to
- 21:48Speaker 1: follow the standards? Doesn't seem like a gigantic win to me.
- 21:53Speaker 1: And in fact, I think the bigger issue that we
- 21:55Speaker 1: saw here was the back and forth between Elisa Massoth
- 21:59Speaker 1: and Judge Hipler. And I think that we're getting set
- 22:02Speaker 1: up for some possible fireworks come trial time. Because it's
- 22:06Speaker 1: obvious that Elisa Massoth is the attack dog for the defense.
- 22:11Speaker 1: And she went on the attack yesterday. But Judge Hipler
- 22:14Speaker 1: really wasn't having it. So she's going to have to
- 22:16Speaker 1: find a way to toe the line. Because if she doesn't,
- 22:19Speaker 1: she's going to run afoul of the judge. And that's
- 22:21Speaker 1: never a good situation. A shotgun approach to alternative suspects.
- 22:27Speaker 1: The two sides also sparred over the defense plan to
- 22:29Speaker 1: present alternative perpetrators to jurors at trial. Latah County Prosecutor
- 22:34Speaker 1: Bill Thompson told the judge that the defense plans to
- 22:37Speaker 1: throw out a shotgun variety of persons' names. He argued
- 22:41Speaker 1: that there must be a threshold for pointing the finger
- 22:44Speaker 1: at other potential suspects and that the information be shared
- 22:47Speaker 1: with the state so they can prepare for it at trial.
- 22:51Speaker 1: Kohlberger's attorney Massoth insisted that the defense will not take
- 22:55Speaker 1: a shotgun approach or throw spaghetti at the wall and
- 22:58Speaker 1: see what falls. What she means is what sticks, not
- 23:02Speaker 1: what falls. Judge Hipler said he would set a date
- 23:05Speaker 1: for a hearing to go into this matter more. And honestly,
- 23:09Speaker 1: I cannot wait to see what they come up with.
- 23:11Speaker 1: I cannot wait to see what sort of alternative narrative
- 23:15Speaker 1: they have about who did this. Now look, I'm receptive
- 23:19Speaker 1: to all evidence that's backed up by fact, that's based
- 23:22Speaker 1: in reality. So if they have something, I am more
- 23:25Speaker 1: than willing to take a look at it, and you
- 23:27Speaker 1: already know we're sharing it here on the podcast. However,
- 23:30Speaker 1: the problem is, I don't think they have anything. Just
- 23:33Speaker 1: like their ridiculous partial corroboration when it comes to Brian
- 23:37Speaker 1: Koberger's alleged alibi. Breaking news, there is nothing in the
- 23:41Speaker 1: Idaho Rules of Evidence that has to do with a
- 23:44Speaker 1: partial corroboration, okay? It's either corroborated or it's not. And
- 23:50Speaker 1: when we're talking about Brian Koberger's alleged alibi, well, it's not.
- 23:55Speaker 1: Prosecutors say DNA under victims' nails is not Brian Kohlberger's.
- 24:00Speaker 1: Prosecutors told a judge they do not believe the DNA
- 24:03Speaker 1: found under the fingernails of 21-year-old Mogan belongs to the
- 24:06Speaker 1: man on trial for her murder. Prosecutor Jeff Nye revealed
- 24:10Speaker 1: that the state's belief is actually that there would not
- 24:13Speaker 1: be DNA from the suspect on the victim. And that's
- 24:16Speaker 1: because of the way that the suspect was dressed. And
- 24:19Speaker 1: then you go back and you look at that DeSalle's
- 24:21Speaker 1: paper that Brian Kohlberger wrote, and it puts everything into context, right?
- 24:25Speaker 1: He obviously knew how to clean up a crime scene,
- 24:28Speaker 1: and he also knew how not to pollute one. And
- 24:31Speaker 1: that's not just circumstantial. We read it in his own
- 24:35Speaker 1: words in that essay. So that's going to come back
- 24:38Speaker 1: and play a big part when we're talking about building
- 24:41Speaker 1: the case against Kohlberger to the jury. The theory here
- 24:44Speaker 1: is we would not expect the perpetrator's DNA to be
- 24:48Speaker 1: under her fingernails due to what the surviving witness saw
- 24:50Speaker 1: a masked intruder inside the home wearing moments after the murders.
- 24:55Speaker 1: And that would certainly make sense if the killer knew
- 24:57Speaker 1: what they were doing. If they had a background in, oh,
- 25:01Speaker 1: I don't know, say criminal sciences, that might help out, huh?
- 25:06Speaker 1: The lack of defensive wounds and the toxicology results of
- 25:09Speaker 1: the victim also supported this, he said. We will actually
- 25:12Speaker 1: be arguing. You would not expect the perpetrator's DNA to
- 25:15Speaker 1: be under the fingernails, he added. The prosecutor made the
- 25:19Speaker 1: comments after Kohlberger's defense lawyer asked the judge to block
- 25:22Speaker 1: the use of the term inconclusive about the DNA, saying
- 25:26Speaker 1: it suggests that it could be Kohlberger's DNA. While it
- 25:30Speaker 1: might be technically true that Kohlberger cannot be excluded, it's
- 25:33Speaker 1: not an accurate statement, Barlow said. A court filing recently
- 25:38Speaker 1: revealed that DNA evidence from three unknown individuals was found
- 25:41Speaker 1: under Mogan's left fingernails. A DNA expert previously told DailyMail.com,
- 25:47Speaker 1: It's quite common for people to have a mixture of
- 25:49Speaker 1: DNA under their nails, especially from people they live with
- 25:53Speaker 1: or are close to. Forensic DNA expert and John Jay
- 25:57Speaker 1: College of Criminal Justice professor, Dr. Methchild Prins, explained that
- 26:01Speaker 1: people pick up unexplained DNA under their nails by simply
- 26:05Speaker 1: touching items. So there's really not much for the defense here.
- 26:09Speaker 1: They're going to say, well, Brian Kohlberger's DNA wasn't found
- 26:12Speaker 1: under her fingernails. How could it be him? But the
- 26:16Speaker 1: prosecution is going to counter and say because he was
- 26:18Speaker 1: dressed properly and he knew how to protect himself from
- 26:21Speaker 1: shedding those cells. And it's not like they're just going
- 26:24Speaker 1: to say he taught himself on the internet, right? They
- 26:27Speaker 1: can point to his whole entire background and his scholastic achievements. Separately,
- 26:33Speaker 1: the judge struck down a defense motion seeking to ban
- 26:35Speaker 1: the use of the term TouchDNA, a term that one
- 26:38Speaker 1: of the defense's own expert witnesses has used. Kohlberger was
- 26:43Speaker 1: allegedly tied to the murders through DNA on a brown
- 26:46Speaker 1: leather K-bar knife sheath found next to Mogan's lifeless body
- 26:50Speaker 1: in her bedroom on the third floor of the home.
- 26:53Speaker 1: Touched DNA on the sheath was traced back to Kohlberger
- 26:56Speaker 1: using investigative genetic genealogy, according to prosecutors. And of course,
- 27:01Speaker 1: that was a big point of contention because they knew
- 27:04Speaker 1: that it was a devastating piece of evidence against Brian Kohlberger.
- 27:09Speaker 1: So they went bananas trying to get that excluded from
- 27:11Speaker 1: the trial as well, and of course the judge ended
- 27:14Speaker 1: up admitting it. Surviving roommates for liability text a 911 call.
- 27:19Speaker 1: Other evidence in dispute in the hearing included the panic
- 27:22Speaker 1: texts and calls made by surviving roommate Dylan Mortensen and
- 27:26Speaker 1: Bethany Funk after Mortensen came face to face with an
- 27:29Speaker 1: intruder inside their home around the time of the murders.
- 27:33Speaker 1: The two sides also battled over the gut-wrenching 911 call
- 27:37Speaker 1: made by the surviving roommates and friends after Colonel's body
- 27:41Speaker 1: was discovered just before midday that fateful day, as well
- 27:45Speaker 1: as the reliability of Mortensen's crucial testimony. The defense wants
- 27:50Speaker 1: to block the term bushy eyebrows from the trial, the
- 27:52Speaker 1: term used by Mortensen to describe the masked intruder she
- 27:56Speaker 1: saw in the house. Kohlberger's defense reeled off a list
- 27:59Speaker 1: of factors that they argued shows Mortensen is not reliable
- 28:03Speaker 1: as a witness, including that she admitted she was drunk
- 28:06Speaker 1: at the time, told police she was in a dreamlike state,
- 28:09Speaker 1: and had drawings of people with prominent eyebrows on her walls,
- 28:13Speaker 1: and that she had not separated from other witnesses following
- 28:16Speaker 1: the discovery of the murders. They also argued that Mortensen
- 28:20Speaker 1: did not mention eyebrows at all during the first three
- 28:23Speaker 1: police interviews, only mentioning them when asked by officers. The linchpin,
- 28:28Speaker 1: the reliability, is not there, the defense said, and I
- 28:32Speaker 1: think they're going to have a hard time with that. Now,
- 28:34Speaker 1: they're going to be able to cross-examine her when she
- 28:36Speaker 1: gets on the stand. but I highly doubt that the
- 28:38Speaker 1: judge is going to exclude her testimony altogether. That doesn't
- 28:42Speaker 1: sound very likely, does it? Prosecutors, however, argued that her
- 28:46Speaker 1: account and description of the intruder had been consistent in
- 28:49Speaker 1: every interview. The man was white, a few inches taller
- 28:52Speaker 1: than her, dressed in all black, wearing a mask, was skinny,
- 28:56Speaker 1: and had a voice she did not recognize. The state
- 29:00Speaker 1: also argued that the focus on eyes and eyebrows was natural,
- 29:03Speaker 1: given that was the only facial feature that she could
- 29:06Speaker 1: see beneath the mask. Dylan Mortensen is the only living
- 29:10Speaker 1: individual who saw the person who was responsible for these homicides,
- 29:14Speaker 1: the prosecutor said, adding that makes her relevant to identify
- 29:18Speaker 1: the killer. And look, 100%. However, I don't think her
- 29:22Speaker 1: testimony is going to be a home run. There are
- 29:26Speaker 1: factors here, but it's up to the jury to decide, right?
- 29:30Speaker 1: And I think the jury should hear what she has
- 29:32Speaker 1: to say. A chilling selfie captured by Kohlberger around six
- 29:38Speaker 1: hours after the murders has been presented. by prosecutors as
- 29:41Speaker 1: evidence of the suspect's bushy eyebrows at the time of
- 29:44Speaker 1: the murders. The defense is also looking to ban the
- 29:48Speaker 1: 911 call from the trial, claiming it is hearsay and
- 29:52Speaker 1: pointing to the eight-hour gap between Mortensen's encounter with the
- 29:55Speaker 1: intruder and the call. Taylor argued that a whole lot
- 29:59Speaker 1: more went on between those two moments, arguing that Mortensen
- 30:03Speaker 1: was editing photos on her phone, using Snapchat, and calling
- 30:06Speaker 1: family members. She pointed to the cell phone records of
- 30:10Speaker 1: the two survivors, something that the defense wants to include
- 30:13Speaker 1: at trial. This is not someone who was asleep and
- 30:16Speaker 1: woke up startled, Taylor said. The judge agreed that some
- 30:20Speaker 1: of the 911 call could be hearsay, and that not
- 30:22Speaker 1: all of it would be allowed to be presented at trial.
- 30:25Speaker 1: And while certainly confusing, I don't see the 911 call
- 30:29Speaker 1: playing a big part here moving forward. And if pieces
- 30:32Speaker 1: of it are kept out as hearsay, then so be it.
- 30:35Speaker 1: I don't think it's going to affect things one way
- 30:37Speaker 1: or the other for either side. Munin stars alibi in
- 30:41Speaker 1: cell phone data. Prosecutors, meanwhile, want to ban Kohlberger's team
- 30:46Speaker 1: from presenting his vague alibi for the night of the murders.
- 30:49Speaker 1: claiming he was driving around alone looking at the moon
- 30:53Speaker 1: and stars unless the accused killer takes the stand to
- 30:56Speaker 1: testify to it himself. In the hearing, Thompson said the
- 30:59Speaker 1: only person who can testify to an alibi, if there
- 31:02Speaker 1: is an alibi, is the defendant himself. He argued that
- 31:06Speaker 1: a cell phone expert put forward by the defense, Cy Ray,
- 31:09Speaker 1: cannot show Koberger's whereabouts at the time of the murders
- 31:12Speaker 1: because his cell phone was turned off. The judge ruled
- 31:16Speaker 1: that Ray could offer a partial corroboration by presenting evidence
- 31:20Speaker 1: of where the cell phone was before and after it
- 31:22Speaker 1: was turned off. In a testy moment, Judge Hippler scolded
- 31:26Speaker 1: the defense for suggesting that the prosecution had not handed
- 31:30Speaker 1: over cell phone evidence, AT & T timing advance records,
- 31:33Speaker 1: from November 2022. And this is a lot more than
- 31:38Speaker 1: they're letting on here. I couldn't believe what I was watching, honestly.
- 31:43Speaker 1: And when a judge says that people could be disbarred
- 31:45Speaker 1: for this, you better take notice. And if the prosecution
- 31:50Speaker 1: wants to take it a step further, and they can
- 31:52Speaker 1: try and claim that Ann Taylor committed fraud on the
- 31:54Speaker 1: court by allowing that affidavit to be filed, because that affidavit,
- 31:59Speaker 1: at least according to the judge, was nothing more than
- 32:02Speaker 1: a conspiracy theory and a bunch of nonsense. Judge Hippler
- 32:05Speaker 1: absolutely ripped that whole entire affidavit due to the fact
- 32:08Speaker 1: that he omitted a bunch of things, including the seven-day
- 32:11Speaker 1: rule that was discussed by the judge, by the prosecution,
- 32:16Speaker 1: and by AT & T. So the judge was not
- 32:18Speaker 1: happy at all with the defense here, and he let
- 32:21Speaker 1: them know it. And I think that if the defense
- 32:23Speaker 1: tries to go this route, they're going to find themselves
- 32:26Speaker 1: in big, big trouble with Judge Hippler. Koberger was not
- 32:30Speaker 1: a suspect at that point, and so the state claims
- 32:32Speaker 1: it does not have such evidence as the data is
- 32:35Speaker 1: only available for seven days after the fact. You've made
- 32:39Speaker 1: some serious allegations against the state about hiding evidence, yet
- 32:42Speaker 1: you've provided no evidence, zero, the judge warned Taylor, adding
- 32:46Speaker 1: that such allegations get people disbarred. This is what I'm
- 32:50Speaker 1: talking about. This is the kind of narrative building that
- 32:53Speaker 1: Ann Taylor's been doing this whole time. Firing off these
- 32:56Speaker 1: motions with nothing to back them up. And then there's
- 32:59Speaker 1: people out there that run with it, right? Oh, well,
- 33:02Speaker 1: Brian Kohlberger is obviously getting jobbed. Did you see what
- 33:05Speaker 1: Ann Taylor said? Meanwhile, everybody who understands what's what knows
- 33:09Speaker 1: that you can file whatever motion you want. Doesn't matter
- 33:13Speaker 1: until you argue in front of the judge. And well, folks,
- 33:16Speaker 1: how did that work out? The defense also argued that
- 33:20Speaker 1: body cam footage from a traffic stop carried out by
- 33:23Speaker 1: police on Kohlberger in the months prior to the murders
- 33:26Speaker 1: was should be struck from the trial claiming that the
- 33:29Speaker 1: state is trying to use it to show a pattern
- 33:32Speaker 1: of bad acts before the murders. The prosecution countered that
- 33:35Speaker 1: the body cam is evidence to show Korberger's ties to
- 33:39Speaker 1: the white Hyundai Elantra, which matches the vehicle seen speeding
- 33:43Speaker 1: away from the crime scene after the murders. The judge
- 33:46Speaker 1: said that he would watch the footage, but likely would
- 33:48Speaker 1: want to redact some of the footage but not exclude it.
- 33:51Speaker 1: The defense also argued against the use of surveillance footage
- 33:55Speaker 1: which captured a white Hyundai Elantra driving around the crime
- 33:58Speaker 1: scene at the time of the murders. So the interaction
- 34:02Speaker 1: between Kohlberger and the cop, that's going to be redacted.
- 34:05Speaker 1: But the actual stop itself, we're going to get to
- 34:08Speaker 1: see that, I think. Amazon purchase of K-Bar knife and sheath.
- 34:12Speaker 1: The defense also wants to block Kohlberger's Amazon records as evidence,
- 34:16Speaker 1: which allegedly show he bought a knife matching the murder
- 34:19Speaker 1: weapon months before the slayings. The records show that Kohlberger
- 34:23Speaker 1: bought a K-Bar knife, sheath, and sharpener from the site
- 34:26Speaker 1: back in March 2017. of 2022, eight months before the murders,
- 34:30Speaker 1: according to court documents. Kohlberger's Amazon history also reveals that
- 34:35Speaker 1: he searched for a replacement knife or sheath in the
- 34:38Speaker 1: days after the murders, according to prosecutors. His defense is
- 34:42Speaker 1: arguing that the account was used by multiple people, including
- 34:46Speaker 1: his family members, and that AI prompts people to purchase
- 34:49Speaker 1: certain items. Oh yeah, that's exactly what went down. What
- 34:53Speaker 1: a bunch of hooey. A whole bunch of nonsense. The
- 34:57Speaker 1: judge cast doubts on this argument and revealed that the
- 35:00Speaker 1: account had tracked the shipping of the item after the purchase.
- 35:06Speaker 1: Two days, Wednesday and Thursday, have been set aside by
- 35:08Speaker 1: the judge to hear arguments. The judge's rulings on the
- 35:11Speaker 1: matters will play a huge role in the evidence presented
- 35:14Speaker 1: by both sides at trial when it gets underway in August.
- 35:18Speaker 1: It's unclear when Judge Hippler will hand down the remainder
- 35:21Speaker 1: of the rulings. Family members of 21-year-old Gonsalves have traveled
- 35:26Speaker 1: to Boise for the hearing, facing their daughter's suspected killer
- 35:29Speaker 1: in the courtroom. Part of getting justice for you includes
- 35:32Speaker 1: being part of the court at hearings. We are heading
- 35:35Speaker 1: down to Boise in the morning for the next couple
- 35:37Speaker 1: of days. Please pray for us, the family wrote on
- 35:40Speaker 1: their Facebook page. Kohlberger's trial is expected to last around
- 35:44Speaker 1: three months. Alright, so that is a lot to digest.
- 35:48Speaker 1: And obviously, there's going to be some rulings coming our
- 35:51Speaker 1: way within the next few days or the next week
- 35:53Speaker 1: or two. And once we have those rulings, obviously, they'll
- 35:56Speaker 1: be added to the catalog. But all of these topics
- 36:00Speaker 1: that we discussed in this article are all topics that
- 36:03Speaker 1: have been discussed previously here in these motions in limine
- 36:07Speaker 1: that we've been going through. And that's why we've been
- 36:10Speaker 1: going through all of those documents the way we have been,
- 36:13Speaker 1: that way the foundation set, so that when we have
- 36:16Speaker 1: hearings like this, we all understand what the hell they're
- 36:18Speaker 1: talking about, instead of just relying on snippets and dumbass
- 36:21Speaker 1: headlines that don't do anything but just, you know, scratch
- 36:24Speaker 1: the surface. And if you do that, then well, you
- 36:27Speaker 1: only have a surface understanding of what's going on. So
- 36:31Speaker 1: we're going to continue to dive into the deep end
- 36:33Speaker 1: here on the podcast and swim through all of that
- 36:36Speaker 1: murk as we continue to look for some clarity. All
- 36:40Speaker 1: of the information that goes with this episode can be
- 36:43Speaker 1: found in the description box.