Latest / Beyond The Horizon / Mega Edition: Bryan Kohberger And Washington State University (9/28/26)
Transcript
- 0:01Speaker 1: What's up everyone and welcome back to the program. In
- 0:05Speaker 1: this episode, we're going to take a look at the
- 0:08Speaker 1: newly unsealed search warrant for Brian Kohlberger's apartment in Pullman, Washington.
- 0:15Speaker 1: So let's dive right in. In the Superior Court of
- 0:20Speaker 1: the State of Washington, in and for the County of Whitman,
- 0:24Speaker 1: in the matter of application for search warrant, motion passed.
- 0:29Speaker 1: an order to unseal warrant return. Case number 12-29-2022A.
- 0:38Speaker 2: Motion. Comes now.
- 0:40Speaker 1: The state of Washington, by and through Dennis Tracy, Whitman
- 0:45Speaker 1: County Prosecuting Attorney, and moves the court for an order
- 0:49Speaker 1: to unseal the return of service of search warrant numbered
- 0:53Speaker 1: SW number 12-29-2022A pursuant to GR 15 basis. These warrants
- 1:04Speaker 1: were issued and served in Washington State because the suspect
- 1:08Speaker 1: in the crimes resided and worked here during the time
- 1:12Speaker 1: of the murders. The warrants and associated applications were sealed
- 1:17Speaker 1: due to the sensitive nature of the investigation at the time.
- 1:21Speaker 1: Since then, an extensive probable cause affidavit has been unsealed
- 1:25Speaker 1: in Latah County, Idaho, which has alleviated the need for
- 1:29Speaker 1: the sealing of the return service here in Washington. This
- 1:34Speaker 1: order was presented by a prosecuting attorney, Dennis P. Tracy,
- 1:39Speaker 1: and it was signed by Judge Gary Libby. In the
- 1:47Speaker 1: matter of application for search warrant, motion and order for
- 1:51Speaker 1: original search warrant and search warrant application to remain sealed
- 1:55Speaker 1: but redacted version be provided immediately public's release. The state
- 2:00Speaker 1: of Washington, by and through Dennis Tracy, Whitman County prosecuting attorney,
- 2:05Speaker 1: and moved the court for an order to keep sealed
- 2:08Speaker 1: the search warrant and search warrant application numbered SW number 12-29-2022A,
- 2:13Speaker 1: but to allow the state to file a Redacted versions
- 2:22Speaker 1: which replace the victim witnesses' names with initials pursuant to GR-15.
- 2:29Speaker 2: Basis.
- 2:30Speaker 1: The Washington State Constitution recognizes that victims of crimes have
- 2:35Speaker 1: rights and states that effective law enforcement depends on cooperation
- 2:40Speaker 1: from victims of crime. The Washington State Legislature has recognized
- 2:46Speaker 1: that there is severe evidence detrimental impact on crime victims,
- 2:50Speaker 1: survivors of victims, and witnesses of crime, and, yet, there is,
- 2:55Speaker 1: the civic and moral duty of victims, survivors of victims,
- 2:59Speaker 1: and witnesses of crimes to fully and voluntarily cooperate with
- 3:04Speaker 1: law enforcement and prosecutorial agencies. In a criminal proceeding, the
- 3:10Speaker 1: law requires that a reasonable effort is made to ensure
- 3:13Speaker 1: that victims, survivors of victims, and witnesses of crimes Washington
- 3:18Speaker 1: courts have long acknowledged that a victim's.
- 3:19Speaker 2: Initials can be substituted for their name.
- 3:21Speaker 1: The basis for this motion is that the two surviving victims,
- 3:24Speaker 1: witnesses of a now notorious crime, and much-publicized murder burglary
- 3:44Speaker 1: in Moscow, Idaho, whose full names are listed in this
- 3:48Speaker 1: search warrant and search warrant application. These warrants were issued
- 3:52Speaker 1: and served in Washington state because the suspect in the
- 3:56Speaker 1: crimes resided and worked here during the time of the murders.
- 4:00Speaker 1: These warrants and associated applications were sealed due to the
- 4:03Speaker 1: sensitive nature of the investigation at that time. Since then,
- 4:08Speaker 1: an extensive probable cause affidavit has been unsealed in Latah, Idaho,
- 4:13Speaker 1: which has alleviated much of the need for sealing here
- 4:15Speaker 1: in Washington. But the documents filed in Latah County have
- 4:20Speaker 1: not disclosed the surviving.
- 4:21Speaker 2: Victims' names, only their initials.
- 4:24Speaker 1: These victims should have the level of protection that can
- 4:27Speaker 1: be provided by having their initials substituted for their full
- 4:32Speaker 1: names in the search warrants and search warrant applications which
- 4:36Speaker 1: become publicly available from this court. The state is asking
- 4:40Speaker 1: the court to consider the usual factors. One, showing the
- 4:45Speaker 1: need for sealing the records and where that need is
- 4:48Speaker 1: based on a right other than the accused right to
- 4:52Speaker 1: a fair trial, a serious and eminent threat to the right. Two,
- 4:57Speaker 1: anyone present when motion is made must be given an
- 5:00Speaker 1: opportunity to object to the closure. Three, The proposed method
- 5:05Speaker 1: for curtailing open access must be the least restrictive means
- 5:09Speaker 1: available for protecting the threatened interests. Four, the court must
- 5:14Speaker 1: weigh the competing interests of the proponent of closure and
- 5:18Speaker 1: the public. And five, the order must be no broader
- 5:24Speaker 1: in its application or duration than necessary to serve its purpose.
- 5:29Speaker 1: The state contends that that the need to protect victim
- 5:32Speaker 1: identities is important for their safety, health, and well-being, and
- 5:36Speaker 1: that victims' and witnesses' rights should be protected vigorously, just
- 5:41Speaker 1: as the legislature and the state founders intended. The proposed
- 5:46Speaker 1: method is to file a complete search warrant and application
- 5:50Speaker 1: for warrant with only the surviving victims' names redacted and
- 5:54Speaker 1: replaced with initials. This is a very minor closure of
- 5:58Speaker 1: a court document in order to protect An important victim interest. Finally,
- 6:04Speaker 1: the order will be no broader in application than necessary
- 6:08Speaker 1: to serve its purpose. And the public will still have
- 6:11Speaker 1: the pertinent information at its disposal in order to understand
- 6:16Speaker 1: the proceedings of the court. And this was signed and
- 6:21Speaker 1: dated on January 17th of 2023 by Dennis Tracy, the
- 6:24Speaker 1: prosecuting attorney. and Judge Gary Libby. To any peace officer
- 6:36Speaker 1: in the state of Washington, search warrant for a residence,
- 6:41Speaker 1: state of Washington, county of Whitman. Upon the sworn complaint
- 6:46Speaker 1: made before me, there is probable cause to believe that
- 6:50Speaker 1: the crimes of murder in the first degree and burglary
- 6:54Speaker 1: per Idaho code has been committed in Idaho and and
- 6:57Speaker 1: that evidence of that or those crimes, or contraband, the
- 7:02Speaker 1: fruits of a crime, or things otherwise criminally possessed, or weapons,
- 7:08Speaker 1: or other things by means of which a crime has
- 7:10Speaker 1: been committed or reasonably about to be committed, is concealed
- 7:15Speaker 1: in or on certain premises. In making this determination, the
- 7:20Speaker 1: court did not consider the information in the Supplemental Disclosure
- 7:24Speaker 1: DNA test as evidence supporting the existence of probable cause.
- 7:30Speaker 1: This court also does not consider the information in that
- 7:34Speaker 1: supplemental disclosure to be exculpatory. You are commanded to 1.
- 7:41Speaker 1: Search within 10 days of this date the premises described
- 7:44Speaker 1: as follows. Apartment located at 1630 Northeast Valley Road, apartment
- 7:51Speaker 1: number G201, Pullman, WA. 1630 Northeast Valley Road is a
- 7:58Speaker 1: three-story multiple occupancy apartment building in Pullman, Washington, which is
- 8:04Speaker 1: tan and white in color. Apartment G201 is located on
- 8:08Speaker 1: the northeast corner of the second story of the building.
- 8:12Speaker 1: The door to G201 is located on the east side
- 8:17Speaker 1: of the second story landing and is designated by the
- 8:20Speaker 1: number 201 on the door. The door is white, with
- 8:25Speaker 1: a swinging screen door on the outside of the main
- 8:27Speaker 1: door to the residence.
- 8:29Speaker 2: Number two.
- 8:30Speaker 1: Seize, if located, evidence of the above listed crimes, including one, blood,
- 8:37Speaker 1: or other bodily fluid, or human tissue, or skin cells,
- 8:41Speaker 1: or items with blood, or other bodily fluid, or human tissue,
- 8:46Speaker 1: or skin cells, on the items.
- 8:48Speaker 2: Number two.
- 8:50Speaker 1: Knives, sheaths, or any other sharp tools, including any dagger, dirk,
- 8:55Speaker 1: or sword, or any written indica of ownership of same,
- 9:00Speaker 1: including sales receipts. Any images, whether digital or on paper,
- 9:06Speaker 1: or any other format, which show Ethan Chapin, Kaylee Gonsalves,
- 9:11Speaker 1: Zanna Carnotel, or Madison Mogan, or BF and or D.M.,
- 9:16Speaker 1: and or the house at 1122 King Road in Moscow, Idaho,
- 9:21Speaker 1: and or the surrounding neighborhood. 4. Clothing, including, but not
- 9:27Speaker 1: limited to, dark shirts, dark pants, masks, shoes with diamond-patterned sole. 5.
- 9:34Speaker 1: Trace evidence, including DNA from blood or skin cells or
- 9:39Speaker 1: other source, footprints, fingerprints, hair, whether human or animal dog. 6.
- 9:46Speaker 1: Data compilations, whether digital, electronic, or on paper or other format,
- 9:51Speaker 1: showing an interest in or planning of murder, violent assault,
- 9:56Speaker 1: stabbing or cutting of people, and data compilations showing the
- 10:00Speaker 1: details of the 1122 King Road house, its location and
- 10:04Speaker 1: or any information about Ethan Chapin, Kaylee Gonsalves, Zanna Kernodle,
- 10:10Speaker 1: Madison Mogan, BF and or DM and data compilations showing
- 10:16Speaker 1: the location of Brian Koberger, or the cell phone with
- 10:20Speaker 1: the number 509-592-8458 on November 13, 2022, including Wi-Fi logs
- 10:29Speaker 1: and data or metadata associated with photos, social media posts,
- 10:34Speaker 1: or applications on cell phone or computer towers, laptops, tablets.
- 10:40Speaker 1: As example, but not intended, to be an exclusive list
- 10:43Speaker 1: of data compilations being sought. Ledgers, papers, lists, books, notes, letters, calendars,
- 10:53Speaker 1: address books, contact lists, diaries, tapes, photographs, videos, emails, text messages,
- 11:01Speaker 1: social media posts, messages, and metadata associated therewith. Number seven,
- 11:09Speaker 1: electronic digital devices or digital storage devices, which may contain
- 11:15Speaker 1: any of the above data compilations. including cell phones, computer towers, tablets,
- 11:20Speaker 1: external hard drives, CD, DVD, thumb drive, or other data
- 11:25Speaker 1: storage devices. This includes any device which may contain evidence
- 11:30Speaker 1: of other accounts associated with this device, including email addresses,
- 11:36Speaker 1: social media accounts, messaging app accounts, and other accounts that
- 11:40Speaker 1: may be accessed through the digital device that will aid
- 11:44Speaker 1: in in determining the possessor or user of the device, photographs, images, videos, documents,
- 11:51Speaker 1: and related data created, accessed, read, modified, received, stored, sent, moved, deleted,
- 11:58Speaker 1: or otherwise manipulated between the above dates. Evidence of the
- 12:04Speaker 1: use of the device to conduct Internet searches relating to
- 12:08Speaker 1: a review of other murders or violent assault, stabbing, and
- 12:13Speaker 1: or cutting of people, as well as how to avoid
- 12:16Speaker 1: detection after the commission of such crimes, details of the
- 12:21Speaker 1: 1122 King Road house, its location, neighborhood, and or information
- 12:26Speaker 1: about one or more of the victims, Ethan Chapin, Kaylee Gonsalves,
- 12:30Speaker 1: Zanna Kernodal, Madison Mogan, BF, and or DM. Information that
- 12:36Speaker 1: can be used to calculate the position of the device
- 12:40Speaker 1: between the above dates, including location data, GPS satellite data,
- 12:45Speaker 1: GPS coordinates for routes and destination queries between the above-listed dates,
- 12:51Speaker 1: app data or usage information, and related location information, IP
- 12:57Speaker 1: logs or similar internet connection information, and images created, accessed,
- 13:03Speaker 1: or modified between the above-listed dates together with their metadata
- 13:09Speaker 1: and EXIF tags. Evidence of the identity of the person
- 13:14Speaker 1: in possession of the device on or about any times
- 13:18Speaker 1: that item of evidentiary value located pursuant to this warrant
- 13:24Speaker 1: were created, modified, accessed, or otherwise manipulated. Such evidence may
- 13:30Speaker 1: be found in digital communications, photos, and video, and associated metadata,
- 13:37Speaker 1: IP logs, documents, social media activity, and similar data.
- 13:43Speaker 2: Also, passwords, phrases, codes, patterns.
- 13:47Speaker 1: Fingerprints, and or usernames to operate any such device. 8.
- 13:55Speaker 1: Indicia of residence in or ownership or possession of the
- 14:00Speaker 1: premises and any of the above items, including mail, receipts, identification, bills,
- 14:08Speaker 1: rental agreements, licensing documents, and other personal property. whose owner-possessor
- 14:14Speaker 1: may be readily determined. Assistance from law enforcement agencies for
- 14:19Speaker 1: the state of Idaho or the federal government or any
- 14:22Speaker 1: other technical specialist associated with or employed by or contracted
- 14:27Speaker 1: with such law enforcement agencies, including but not limited to
- 14:32Speaker 1: Moscow Police Department, Idaho State Police, FBI, Idaho State Police
- 14:37Speaker 1: Forensic Services, is authorized. Assistance from A technical specialist is
- 14:43Speaker 1: also authorized to review any digital devices and digital media
- 14:48Speaker 1: for the best and least intrusive method for securing digital
- 14:51Speaker 1: evidence that the warrant authorizes for seizure and to assist
- 14:56Speaker 1: in securing such evidence. Promptly return this warrant to me
- 15:01Speaker 1: or the clerk of this court. The return must include
- 15:05Speaker 1: an inventory of all property seized, a copy of the warrant,
- 15:09Speaker 1: And receipt for the property taken shall be given to
- 15:12Speaker 1: the person from whom or from the premises property is taken.
- 15:17Speaker 1: If no person is found in possession, a copy and
- 15:20Speaker 1: receipt shall be conspicuously posted at the place where the
- 15:24Speaker 1: property is found. And this is signed by Judge Gray Libby.
- 15:32Speaker 2: Whitman County, Washington. State of Washington.
- 15:35Speaker 1: County of Whitman. Application for search warrant. Declaration. I, Don Daniels,
- 15:41Speaker 1: Assistant Chief of Washington State University Police Department, declare that
- 15:47Speaker 1: I have personal knowledge of the matters herein and or
- 15:51Speaker 1: am relying on witness statements, information provided by my fellow officers,
- 15:56Speaker 1: including fellow officers from the state of Idaho, reports, and
- 16:00Speaker 1: other materials I have gathered in my investigation, and that
- 16:04Speaker 1: I am competent to testify to the matters stated herein.
- 16:08Speaker 2: On the basis of the.
- 16:09Speaker 1: Following, I believe there is probable cause that Brian Koberger
- 16:14Speaker 1: has committed the crime of murder, first degree, Idaho Code
- 16:18Speaker 1: IC 18-4001, 4002, 4003, and 4004, and burglary IC 18-1401,
- 16:20Speaker 1: 1403 in Moscow, Idaho, and that evidence of those crimes
- 16:23Speaker 1: is Weapons or other things by means of which a
- 16:41Speaker 1: crime has been committed or reasonably appears to be committed
- 16:46Speaker 1: is located in or about the following described premises, vehicle,
- 16:52Speaker 1: or person. Apartment located at 1630 Northeast Valley Road, apartment
- 16:58Speaker 1: number G201 Pullman, Washington, 1630 Northeast Valley Road is a
- 17:04Speaker 1: three-story multiple occupancy apartment building. in Pullman, Washington, which is
- 17:09Speaker 1: tan and white in color. Apartment G201 is located on
- 17:15Speaker 1: the northeast corner of the second story of this building.
- 17:19Speaker 1: The door of G201 is located at the east side
- 17:24Speaker 1: of the second story landing and is designated by the
- 17:28Speaker 1: numbers 201 on the door. The door is white with
- 17:32Speaker 1: a swinging screen door on the outside of the main
- 17:35Speaker 1: door to the residence. Number one, I am a police
- 17:41Speaker 1: officer at Washington State University Police Department and have been
- 17:45Speaker 1: so employed since July 20th of 1998. I attended and
- 17:51Speaker 1: successfully completed the 440 hour Washington State Criminal Justice Training
- 17:57Speaker 1: Commission's Basic Law Enforcement Academy while at the academy. I
- 18:02Speaker 1: completed courses in criminal law, criminal procedure, and other investigative courses.
- 18:08Speaker 1: Since the academy, I have continued my education in various
- 18:12Speaker 1: law enforcement related fields, including officer involved shooting evidence collection
- 18:17Speaker 1: and threat assessment. I have investigated and assisted in the
- 18:23Speaker 1: list service of over 50 search warrants.
- 18:26Speaker 2: Persons providing information. Number one.
- 18:30Speaker 1: Moscow, Idaho Police Officer Sergeant Dustin Blaker. Sergeant Blaker's sworn
- 18:36Speaker 1: statement is attached here too as Exhibit A and is
- 18:39Speaker 1: hereby incorporated in this application for the search warrant. Sergeant
- 18:44Speaker 1: Blaker identifies his experience and training in his statement and
- 18:48Speaker 1: two other officers and witnesses are identified in Sergeant Blaker's
- 18:53Speaker 1: sworn statement.
- 18:56Speaker 2: The Investigation.
- 18:58Speaker 1: I was contacted by Moscow police officers and asked to
- 19:01Speaker 1: assist their investigation into the recent murder of four people
- 19:05Speaker 1: in Moscow, Idaho. Sergeant Blaker of the Moscow Police Department
- 19:10Speaker 1: has developed probable cause to believe that a resident of
- 19:13Speaker 1: Whitman County, Brian Kohlberger, committed the murders and burglary. I
- 19:18Speaker 1: agree with Sergeant Blaker's statement that there is probable cause
- 19:22Speaker 1: to believe that Kohlberger committed the murders and burglary. and
- 19:26Speaker 1: that there is probable cause to believe that evidence of
- 19:28Speaker 1: those crimes will be located in Koberger's apartment at 1630
- 19:33Speaker 1: Northeast Valley Road in apartment G201 in Pullman. I am
- 19:39Speaker 1: seeking the search warrant to search the apartment. The probable
- 19:42Speaker 1: cause is described in detail in the attached Exhibit A
- 19:46Speaker 1: sworn statement of Sergeant Blaker, which is hereby incorporated herein
- 19:51Speaker 1: by the reference, just as if fully set forth here.
- 19:56Speaker 1: Based on all the foregoing information, I believe that evidence
- 20:00Speaker 1: of the above listed crimes exist in the above described location,
- 20:04Speaker 1: and that there is probable cause to search that location
- 20:07Speaker 1: for evidence of the above listed crimes, including number one,
- 20:12Speaker 1: blood or other bodily fluid or human tissue or skin
- 20:17Speaker 1: cells or items with blood or other bodily fluid or
- 20:22Speaker 1: human tissue or skin cells on the items. Number two, knives,
- 20:28Speaker 1: sheaths or other sharp tools, including any dagger, dirk or sword,
- 20:33Speaker 1: or any written indicia of ownership of same, including sales receipts.
- 20:39Speaker 1: Number three, any images, whether digital or on paper or
- 20:45Speaker 1: any other format, which show Ethan Chapin, Kaylee Gonsalves, Zanna Kernodle,
- 20:50Speaker 1: Madison Mogan, BF and or DM, and or the house
- 20:54Speaker 1: at 1122 King Road, Moscow, Idaho, and or the surrounding neighborhood. 4. Clothing, including,
- 21:02Speaker 1: but not limited to, dark shirt, dark pants, mask, shoes
- 21:07Speaker 1: with diamond pattern soles. 5. Trace evidence, including DNA from
- 21:12Speaker 1: blood or skin, or other source, footprints, fingerprints, hair, whether
- 21:18Speaker 1: human or animal, dog. Data compilations, whether digital, electronic, or
- 21:24Speaker 1: on paper, or other format, showing an interest in or
- 21:27Speaker 1: planning of murder, violent assault, stabbing, and or cutting of people,
- 21:32Speaker 1: and data compilations showing details of the 1122 King Road house,
- 21:37Speaker 1: its location, and or any information about Ethan Chapin, Kaylee Gonsalves,
- 21:43Speaker 1: Zanna Kernodle, Madison Mogan, BF, and or DM, and data
- 21:48Speaker 1: compilations showing the location of Brian Koberger or the cell
- 21:53Speaker 1: phone with number 509-592-8458 on November 13th, 2022. including Wi-Fi
- 22:01Speaker 1: logs and data and metadata associated with photos, social media posts,
- 22:07Speaker 1: or applications on cell phones or computer towers, laptops, tablets.
- 22:13Speaker 1: As example, not but intended to be an exclusive list
- 22:17Speaker 1: of data compilations being sought, ledgers, papers, lists, books, notes, letters,
- 22:22Speaker 1: address books, contact lists, diaries, tapes, Photographs, videos, emails, text messages,
- 22:29Speaker 1: social media posts, messages, and metadata associated therewith. Number seven,
- 22:36Speaker 1: electronic digital devices or digital storage devices, which may contain
- 22:42Speaker 1: any of the above data compilations, including cell phones, computers, towers, laptops, tablets,
- 22:48Speaker 1: external hard drives, CDs, DVDs, thumb drives, or other data
- 22:53Speaker 1: storage devices. This includes any device which may contain evidence
- 22:59Speaker 1: of other accounts associated with this device, including email addresses,
- 23:04Speaker 1: social media accounts, messaging app accounts, and other accounts that
- 23:08Speaker 1: may be accessed through the digital device that will aid
- 23:11Speaker 1: in determining the possessor user of the device. Photographs, images, videos, documents,
- 23:18Speaker 1: and related data created accessed Read, modified, received, stored, sent, moved, deleted,
- 23:27Speaker 1: otherwise manipulated between the above dates. Evidence of use of
- 23:32Speaker 1: the device to conduct Internet searches relating to the review
- 23:36Speaker 1: of other murders or violent assaults, stabbing and or cutting
- 23:40Speaker 1: of people, as well as how to avoid detection after
- 23:44Speaker 1: the commission of such crimes. Details of the 1122 King
- 23:49Speaker 1: Road house, its location, neighborhood. and or information about one
- 23:54Speaker 1: or more of the victims, Ethan Chapin, Kaylee Gonsalves, Zanna Kernodle,
- 24:00Speaker 1: Madison Mogan, BF, and or DM. Information that can be
- 24:05Speaker 1: used to calculate the positions of the device between the
- 24:09Speaker 1: above dates, including location data, GPS satellite data, GPS coordinates
- 24:14Speaker 1: for routes and destination queries between the above listed dates,
- 24:19Speaker 1: app data or usage information and related location information. IP
- 24:25Speaker 1: logs or similar internet connection information and images created, accessed
- 24:30Speaker 1: or modified between the above listed dates together with their.
- 24:34Speaker 2: Metadata and exit tags.
- 24:37Speaker 1: Evidence of the identity of the person in possession of
- 24:40Speaker 1: the device on or about the time's that the items
- 24:44Speaker 1: of evidentiary value located pursuant to this warrant were created, modified, accessed,
- 24:51Speaker 1: or otherwise manipulated. Such evidence may be found in digital communications,
- 24:56Speaker 1: photo and video, and associated metadata, IP logs, documents, social media, activity,
- 25:03Speaker 1: and similar data.
- 25:06Speaker 2: Also, passwords, phrases, codes, patterns.
- 25:09Speaker 1: Fingerprints, and or usernames to operate any such device. 8.
- 25:17Speaker 1: Ownership or possession of the premises and any of the
- 25:21Speaker 1: above items, including mail, receipts, identification, bills, rental agreements, licensing documents,
- 25:28Speaker 1: and other personal property whose owner-possessor may be readily determined.
- 25:33Speaker 1: In addition, I am asking the court to authorize in
- 25:36Speaker 1: the service of the search warrant The use of assistance
- 25:39Speaker 1: from law enforcement agencies from the state of Idaho or
- 25:43Speaker 1: the federal government or any technical specialist associated with or
- 25:48Speaker 1: employed by or contracted with such law enforcement agencies, including
- 25:54Speaker 1: but not limited to the Moscow Police Department, Idaho State Police, FBI,
- 26:00Speaker 1: Idaho State Police Forensic Services. I am also asking for authorization.
- 26:05Speaker 1: of assistance from a technical specialist to review any digital
- 26:09Speaker 1: devices and digital media for the best and least intrusive
- 26:13Speaker 1: method of securing digital evidence that the warrant authorizes for
- 26:17Speaker 1: seizure and to assist in securing such evidence. Supplemental Disclosure
- 26:24Speaker 1: of DNA Test I have been informed by Detective J.R.
- 26:28Speaker 1: Talbot of the Idaho State Police that, on November 13, 2022,
- 26:31Speaker 1: a sheath was recovered and at the King Road residence
- 26:36Speaker 1: under or next to the body of Madison Mogan. The
- 26:40Speaker 1: Idaho State Crime Lab obtained a male DNA profile, a
- 26:43Speaker 1: suspect profile, from the sheath. This is also referred to
- 26:48Speaker 1: in Sergeant Blaker's sworn statement.
- 26:51Speaker 2: Number two.
- 26:53Speaker 1: On December 27, 2022, law enforcement agents officers in Pennsylvania
- 26:58Speaker 1: recovered trash that originated from the Koberger family residence. The
- 27:03Speaker 1: trash was sent to the Idaho State Crime Lab for testing.
- 27:07Speaker 1: On December 28, 2022, the Idaho State Lab reported that
- 27:11Speaker 1: a DNA profile was obtained from the trash. It was
- 27:14Speaker 1: compared to the suspect DNA profile. The lab personnel concluded
- 27:19Speaker 1: that the source of the trash DNA profile was a
- 27:22Speaker 1: male and was not being excluded as the biological father
- 27:26Speaker 1: of the source of the suspect profile. At least 99.9998%
- 27:29Speaker 1: of the male population be expected to be excluded from
- 27:35Speaker 1: the possibility of being the biological father of the source
- 27:39Speaker 1: of the suspect profile. This information is being provided to
- 27:45Speaker 1: the court pursuant to my duty and obligation to be
- 27:48Speaker 1: fully candid with the court. I do not believe this
- 27:51Speaker 1: information is exculpatory for this suspect.
- 27:54Speaker 2: However, if the court believes it is.
- 27:56Speaker 1: Exculpatory, then the court should consider this supplemental disclosure in
- 28:01Speaker 1: its evaluation of the existence of probable cause or lack thereof.
- 28:06Speaker 1: But I am not specifically asking the court to not
- 28:09Speaker 1: consider this supplemental disclosure as evidence supporting the existence of
- 28:14Speaker 1: probable cause. The reason for this request is that if
- 28:17Speaker 1: the DNA test results are held inadmissible at some point,
- 28:21Speaker 1: such a ruling would not impact the finding of probable
- 28:24Speaker 1: cause for this warrant. so long as the court is
- 28:27Speaker 1: satisfied as to probable cause regardless of the DNA test result.
- 28:33Speaker 1: I certify under perjury under the laws of the state
- 28:36Speaker 1: of Washington that the foregoing is true and correct. And
- 28:40Speaker 1: this was signed by Don Daniels and then ordered by
- 28:45Speaker 1: Superior Court Judge Gary S.
- 28:48Speaker 2: Libby.
- 28:50Speaker 1: And now we get to the meat and potatoes of
- 28:52Speaker 1: it all, the return warrant.
- 28:56Speaker 2: State of Washington, County of Whitman.
- 29:00Speaker 1: SW number 12-29-2022A amended. Return of service of search warrant,
- 29:08Speaker 1: residence and storage closet.
- 29:11Speaker 2: Unsealed. Issued by Superior Court Judge Gary J. Libby. Date issued, 12-29.
- 29:17Speaker 1: Date served, 12-30. Served by Assistant Chief Don Daniels.
- 29:24Speaker 2: How served? In person. Items seized.
- 29:28Speaker 1: All seized from the residence and currently stored at Washington
- 29:32Speaker 1: State University PD.
- 29:34Speaker 2: Number one. One nitrate type black glove. Number two. One white.
- 29:40Speaker 2: receipt with one Dickies tag. Number three. Two Marshalls receipts.
- 29:45Speaker 2: Number four.
- 29:47Speaker 1: Dust container from Bissell Power Force vacuum. Number five. Eight
- 29:52Speaker 1: possible hair strands. Number six. One fire TV stick with
- 29:57Speaker 1: cord and plug. Number seven. One possible animal hair strand. 8.
- 30:03Speaker 1: One possible hair. 9. One possible hair. 10. One possible hair. 11.
- 30:11Speaker 1: One possible hair strand. 12. Computer tower. A. One collection
- 30:18Speaker 1: of dark red spot collected without testing. B. Two cuttings
- 30:23Speaker 1: from uncased pillow of reddish brown stain, larger stain tested. C.
- 30:29Speaker 1: two top and bottom of mattress cover, packaged separately, both
- 30:34Speaker 1: labeled C, multiple stains, one tested. This has been signed
- 30:39Speaker 1: by Don Daniels and the prosecuting attorney, D.
- 30:44Speaker 2: Tracy. All right, folks, so there you have it.
- 30:47Speaker 1: That's the warrant, all of the return warrants, the back
- 30:49Speaker 1: and forth, and all of that jazz. So as these
- 30:53Speaker 1: filings make themselves available to us, We'll get them added
- 30:57Speaker 1: to the catalog as soon as they become available. That
- 31:01Speaker 1: way we have a baseline for what's going on and
- 31:03Speaker 1: we're not counting on rumors or speculation. And, you know,
- 31:07Speaker 1: that's all great, getting the takes from all of the
- 31:09Speaker 1: experts because they have a lot to offer, right? But
- 31:12Speaker 1: when you want to get down to the meat and
- 31:13Speaker 1: the potatoes of something, nothing's better than the court filings
- 31:17Speaker 1: to see where things currently stand. So we'll continue to
- 31:20Speaker 1: add these to the catalog without commentary and we'll see
- 31:24Speaker 1: where it all ends up. If you'd like to contact me,
- 31:27Speaker 1: you can do that at bobbycapucci at protonmail.com. That's B-O-B-B-Y-C-A-P-U-C-C-I
- 31:35Speaker 1: at protonmail.com.
- 31:38Speaker 2: You can also find me on.
- 31:39Speaker 1: Twitter at B-O-B-B-Y underscore C-A-P-U-C-C-I. The link that I discussed
- 31:46Speaker 1: can be found in the description box. What's up, everyone,
- 31:50Speaker 1: and welcome back to the program. Recently, News Nation reported
- 31:56Speaker 1: that Brian Koberger was fired from his teaching assistant position
- 32:00Speaker 1: at Washington State University. Well, there was some pushback to
- 32:05Speaker 1: that story, and there were some people out there who
- 32:08Speaker 1: were questioning if that letter was even real. And I
- 32:11Speaker 1: completely get it. When there's anonymous sources, it makes it
- 32:15Speaker 1: very frustrating to try and follow along and verify what's
- 32:18Speaker 1: going on. So there's going to be people who don't
- 32:21Speaker 1: believe any of the anonymous sources, no matter what. And
- 32:25Speaker 1: I can't say that I completely blame them for taking
- 32:28Speaker 1: that approach. How many times have we seen anonymous sources
- 32:33Speaker 1: give us garbage? But at the same time, we have
- 32:36Speaker 1: to understand that There are cases where there are anonymous
- 32:40Speaker 1: sources that are close to these situations that are giving
- 32:43Speaker 1: us the truth. The problem is that there has been
- 32:47Speaker 1: such an erosion of trust between the people and the
- 32:50Speaker 1: media that it's not even funny. And the legacy media
- 32:53Speaker 1: only has themselves to blame. Nobody told them to play
- 32:56Speaker 1: loose with the truth. Nobody told them to pick a side,
- 33:00Speaker 1: but that's what they've done. And when you do that,
- 33:03Speaker 1: obviously you're going to have a bunch of people who
- 33:05Speaker 1: aren't going to believe a word you say, no matter what.
- 33:09Speaker 1: And I think we're running into a lot of that, right?
- 33:11Speaker 1: There are a lot of people out there that aren't
- 33:13Speaker 1: going to believe anything that the media has to tell them.
- 33:16Speaker 1: And I'm in that same category. I'm a trust but
- 33:18Speaker 1: verify kind of person. But I don't just discount things
- 33:22Speaker 1: out of hand because it's a rumor per se. or
- 33:25Speaker 1: it's an anonymous source that's giving you the information. Remember,
- 33:28Speaker 1: when you're dealing with a gag order, there's going to
- 33:31Speaker 1: be a ton of anonymous sources. It comes down to
- 33:34Speaker 1: what do you believe, right? And for me, I'm not
- 33:38Speaker 1: a journalist. So my job isn't to make the news here.
- 33:41Speaker 1: My job is to curate it, present it to you,
- 33:44Speaker 1: and then you go and run with it and.
- 33:46Speaker 2: Do with it as you will.
- 33:48Speaker 1: My job is to present all of this stuff to
- 33:50Speaker 1: you so that you have the proper context when you're
- 33:53Speaker 1: taking a look at everything in the overall picture. So
- 33:56Speaker 1: with that said, let's jump into this article from Fox
- 33:59Speaker 1: News and let's see what's going on with this termination letter.
- 34:03Speaker 2: Idaho Murders.
- 34:05Speaker 1: Washington State University responds to report Brian Koberger was fired.
- 34:11Speaker 1: This article was authored by Michael Ruiz. Idaho student murder
- 34:16Speaker 1: suspect Brian Kohlberger is no longer enrolled at or employed
- 34:21Speaker 1: by Washington State University, where he was studying for a Ph.D.
- 34:25Speaker 1: in criminology as he sits in an Idaho jail cell
- 34:28Speaker 1: facing murder charges in the stabbing deaths of four undergrads.
- 34:33Speaker 2: Mr.
- 34:34Speaker 1: Kohlberger does not currently have a teaching assistantship and he
- 34:38Speaker 1: is not currently enrolled at Washington State University, said Phil Wheeler,
- 34:42Speaker 1: the school's vice president of marketing and communications. But he
- 34:47Speaker 1: used to, before police alleged he ambushed a group of
- 34:50Speaker 1: students at a house in Moscow, Idaho, just a few
- 34:53Speaker 1: miles away from the WSU campus. And as I've stated before,
- 34:58Speaker 1: this whole timeline seems to add up to me. He
- 35:01Speaker 1: starts having these altercations with his professor, things progress, and
- 35:06Speaker 1: he ends up losing it. Goes on his murdering spree,
- 35:10Speaker 1: and if Brian Koberger is the kind of person the
- 35:13Speaker 1: government alleges he is, It would make a lot of
- 35:16Speaker 1: sense that this incident or this series of incidents with
- 35:19Speaker 1: his professor could have led to him snapping and going
- 35:24Speaker 1: on this killing spree. I also think that the timing
- 35:28Speaker 1: of these murders was done on purpose for maximum impact.
- 35:33Speaker 1: To murder these kids right around the holidays to really
- 35:36Speaker 1: make their families feel it.
- 35:39Speaker 2: Mr.
- 35:39Speaker 1: Koberger received an appointment as a teaching assistant at Washington
- 35:43Speaker 1: State University and During the fall 2022 semester, Wheeler explained,
- 35:48Speaker 1: it is typical for students to receive a teaching assistantship
- 35:51Speaker 1: or similar appointment as part of their PhD program. So
- 35:56Speaker 1: when Brian Koberger lost this job, he lost the funding
- 36:00Speaker 1: that he was using to go to school. Without this job,
- 36:03Speaker 1: what was he going to do? He didn't have a
- 36:05Speaker 1: backup gig, right? He wasn't working down at the local
- 36:09Speaker 1: Piggly Wiggly. So without this gig, things really got real
- 36:13Speaker 1: for Brian Koberger. And he knew he wasn't going to
- 36:15Speaker 1: be able to stay in school without this TA job.
- 36:18Speaker 1: So what would make him get to a point where
- 36:21Speaker 1: he thinks it's a good idea to have this kind
- 36:24Speaker 1: of altercation with a professor who's literally in control of
- 36:27Speaker 1: your whole entire future? What else was going on in
- 36:30Speaker 1: your life? Obviously, there was other things going on. And
- 36:35Speaker 1: when we look at the totality of everything, and if
- 36:38Speaker 1: we go on what the government is telling us, it
- 36:40Speaker 1: looks like Brian Koberger was so caught up in his
- 36:43Speaker 1: fantasies that it was seeping into his regular life and
- 36:47Speaker 1: his work performance and his performance overall at work and
- 36:50Speaker 1: school suffered for it. Koberger previously had a graduate student
- 36:56Speaker 1: office in the Wilson Short Hall building and as part
- 36:59Speaker 1: of his studies was working as a teaching assistant. In
- 37:02Speaker 1: response to a report of a letter stating Koberger was
- 37:05Speaker 1: fired after a meeting on December 19th, Wheeler declined to
- 37:09Speaker 1: go into specifics about the timing. citing the Family Educational
- 37:13Speaker 1: Rights and Privacy Act, which protects students' records from public disclosure.
- 37:19Speaker 1: Washington State University has not publicly released any information regarding Mr.
- 37:24Speaker 1: Kohlberger's experience as a teaching assistant, Wheeler said. And this
- 37:30Speaker 1: is all in response to what News Nation is reporting
- 37:33Speaker 1: about the termination letter, and the New York Times, in fact,
- 37:37Speaker 1: picked up on it, and they ran it as well.
- 37:39Speaker 2: So for the people out there that.
- 37:41Speaker 1: Were saying that NewsNation was BSing, the Times picked it up.
- 37:45Speaker 1: So who else is out there that you would look
- 37:47Speaker 1: at as a credible source?
- 37:50Speaker 2: Now, I get it.
- 37:51Speaker 1: Once again, I'm not going to sit here and tell
- 37:53Speaker 1: you that the Times is infallible because that's bullshit. But
- 37:57Speaker 1: usually when there's a situation like this, they're pretty stringent
- 38:01Speaker 1: when it comes to running information like this.
- 38:03Speaker 2: So with NewsNation.
- 38:05Speaker 1: end the time saying that this occurred, this letter was sent,
- 38:08Speaker 1: I'm inclined to believe them. But like everything else, we
- 38:11Speaker 1: have to leave that headroom here, folks. We have to
- 38:14Speaker 1: leave the headroom for these sources not to be correct.
- 38:17Speaker 1: And we can't just dive in and buy all of
- 38:19Speaker 1: this stuff 100% and look at it as gospel. We
- 38:23Speaker 1: have to remember that this stuff is coming from sources
- 38:25Speaker 1: that they say are close to the case. And while
- 38:28Speaker 1: those sources might be solid and those sources might have
- 38:31Speaker 1: good information, We can't verify it ourselves. So it's always
- 38:36Speaker 1: a good idea to have a healthy dose of skepticism
- 38:39Speaker 1: when you're hearing from sources that are not named or confirmed.
- 38:43Speaker 1: So ultimately, it's going to come down to.
- 38:46Speaker 2: What you believe.
- 38:47Speaker 1: Do you believe that the outlets that are sourcing this
- 38:49Speaker 1: information are truthful and they have nothing but the truth
- 38:53Speaker 1: in mind? Or do you believe that these outlets are
- 38:57Speaker 1: just trying to put out any information to try and
- 38:59Speaker 1: get some clicks? And me personally, I think it's a
- 39:02Speaker 1: mixture of both, right? I think that they do have
- 39:05Speaker 1: solid sources, but obviously this is a story that's getting
- 39:09Speaker 1: them a lot of clicks. So they're going to want
- 39:11Speaker 1: to keep pumping out information. And again, that's where the
- 39:15Speaker 1: gag order and my issues come into play as well.
- 39:19Speaker 1: Without any transparency here, it's going to be a fertile
- 39:22Speaker 1: ground for all kinds of rumors and BS to sprout
- 39:25Speaker 1: up and not only sprout up, but grow like a
- 39:27Speaker 1: chia pet. Former students have said he seemed preoccupied after
- 39:33Speaker 1: the slayings and became an easier grader. Following a quadruple
- 39:37Speaker 1: homicide just seven miles away near the University of Idaho,
- 39:41Speaker 1: a crime that police alleged Koberger committed, he continued classes
- 39:45Speaker 1: and finished out the semester as both a student and
- 39:48Speaker 1: a TA. So there's a lot of varying reports about
- 39:52Speaker 1: Brian Kohlberger's behavior around this time from students and people
- 39:56Speaker 1: who were around him. And like everything else, we have
- 39:59Speaker 1: to take that with a grain of salt as well.
- 40:01Speaker 1: But for me, a lot of it tracks considering we've
- 40:04Speaker 1: heard the same story, basically, or the same kind of
- 40:07Speaker 1: story from multiple people at this point about Brian Kohlberger
- 40:11Speaker 1: being a bit of a creep. In mid-December, with investigators
- 40:15Speaker 1: looking for evidence against him, he drove home to Pennsylvania.
- 40:18Speaker 1: On the way, on December 15th, police body cam video
- 40:22Speaker 1: shows officers stopped him twice in Indiana. And that's when
- 40:26Speaker 1: the FBI says, well, we didn't lose him. What are
- 40:28Speaker 1: you guys talking about? We knew exactly what was going on.
- 40:32Speaker 1: And then there was the, well, we didn't tell the
- 40:34Speaker 1: Indiana police to pull him over. And then the Indiana
- 40:36Speaker 1: police told us, oh, wait, the FBI told us to
- 40:38Speaker 1: pull him over. So, yeah, a lot of confusion in
- 40:41Speaker 1: this case. And again, I understand why people are skeptical
- 40:45Speaker 1: when it comes to new information coming out. Because how
- 40:48Speaker 1: many times already since November have we heard one thing
- 40:52Speaker 1: for that to only be flipped on its head and
- 40:54Speaker 1: for us to hear something completely different? According to court documents,
- 40:59Speaker 1: Koberger's white Hyundai Elantra was recorded on surveillance video in
- 41:03Speaker 1: his hometown of Albrightville, Pennsylvania on December 16th. Two weeks later,
- 41:08Speaker 1: a tactical team involving state police and the FBI arrested
- 41:13Speaker 1: him at his parents' house there. And it's going to
- 41:15Speaker 1: be interesting what we get out of that warrant as well.
- 41:18Speaker 1: remember that warrant was sealed? And if Brian Koberger was fired,
- 41:22Speaker 1: then you would think that he took a bunch of
- 41:23Speaker 1: shit with him from his apartment. He might not have
- 41:27Speaker 1: told his parents, but he knew that he wasn't going
- 41:29Speaker 1: to be able to come back and afford school without
- 41:32Speaker 1: that TA position. And we see that confirmed by the
- 41:36Speaker 1: professor here who says Koberger wasn't even enrolled at Washington
- 41:39Speaker 1: State University after all of this. Police had been seeking
- 41:44Speaker 1: the same Elantra after they say they could place it
- 41:47Speaker 1: at the King Road house in Moscow, Idaho, where the
- 41:50Speaker 1: murders took place early on November 13th. A review of
- 41:54Speaker 1: footage from multiple videos obtained from the King Road neighborhood
- 41:58Speaker 1: showed multiple sightings of suspect vehicle one starting at 3.29 a.m.
- 42:02Speaker 1: and ending at 4.20 a.m. Moscow police corporal Brent Payne
- 42:07Speaker 1: wrote an improbable cause affidavit. These sightings show suspect vehicle
- 42:11Speaker 1: one makes an initial three passes by the 1122 King
- 42:15Speaker 1: Road residence and then leaves via Walenta Drive. And remember,
- 42:20Speaker 1: this is all circumstantial as hell. But when you put
- 42:23Speaker 1: it all together and you start piecing it from the
- 42:26Speaker 1: corners in, the picture that it's revealing is not one
- 42:30Speaker 1: that's favorable for Brian Koberger. On the fourth pass at 4.04 a.m.,
- 42:36Speaker 1: the car was seen making an awkward parking attempt and
- 42:39Speaker 1: a three-point turn in front of the house, according to
- 42:41Speaker 1: the filing. Minutes later, a neighbor's security camera picked up
- 42:45Speaker 1: sounds of a struggle, a barking dog, voices or a whimper,
- 42:49Speaker 1: and a loud thud. By 4.20 a.m., police said video
- 42:53Speaker 1: showed the car speeding away from the house. A surviving
- 42:57Speaker 1: housemate told police she saw a masked man with bushy
- 43:01Speaker 1: eyebrows making his way out through a rear sliding door.
- 43:05Speaker 1: Kohlberger is being held without bail at the Latah County
- 43:09Speaker 1: Jail on four counts of first-degree murder, and a burglary charge.
- 43:13Speaker 1: He's due back in court on June 26th. Well, folks,
- 43:18Speaker 1: what do you think? Do you think that the termination
- 43:20Speaker 1: letter that's making the rounds right now that the New
- 43:23Speaker 1: York Times reported on is actually legit? Or is it
- 43:27Speaker 1: more disinformation and more nonsense? Me personally, I think.
- 43:31Speaker 2: That the letter is legit as far as how they
- 43:34Speaker 2: received it, where it came from.
- 43:36Speaker 1: I'm not too sure about that, but it all tracks
- 43:38Speaker 1: with what we have heard previously. And NewsNation has been
- 43:41Speaker 1: catching a lot of crap lately from a lot of people,
- 43:44Speaker 1: mainly over on like Reddit, where the posters are going
- 43:47Speaker 1: hard in the paint, talking about how they don't believe
- 43:50Speaker 1: the NewsNation sources because there's a gag order on the case.
- 43:53Speaker 2: And it just makes me shake my head.
- 43:55Speaker 1: And honestly, it exposes the people who have not followed
- 43:58Speaker 1: along with things like this in the past. Gag order
- 44:01Speaker 1: or not, there's going to be leaks and there's going
- 44:03Speaker 1: to be sources and there's going to be people close
- 44:06Speaker 1: to the investigation who are talking to the media.
- 44:09Speaker 2: That's just how it goes. Gag order or not.
- 44:13Speaker 1: The difficult part is finding out which of those sources
- 44:17Speaker 1: are accurate and legit. And the only way that we
- 44:19Speaker 1: can do that is with time. We have to see
- 44:22Speaker 1: how things play out to see if these sources are
- 44:24Speaker 1: right or if they were just BSing us. So like usual,
- 44:28Speaker 1: for me anyway, it's trust but verify with these sources.
- 44:32Speaker 1: And the things that we can't verify, well, we just
- 44:34Speaker 1: can't verify. And we have to take with a grain
- 44:36Speaker 1: of salt. And that will continue to be the game
- 44:39Speaker 1: plan around these parts until the conclusion. Alright folks, that's
- 44:43Speaker 1: going to do it for this one. All of the
- 44:45Speaker 1: information that goes with this episode can be found in
- 44:49Speaker 1: the description box.