Latest / The Epstein Chronicles / Murder In Moscow: Bryan Kohberger Is Appointed Legal Counsel By The Court (7/30/26)

Transcript

Murder In Moscow: Bryan Kohberger Is Appointed Legal Counsel By The Court (7/30/26) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up everyone, and welcome back to the program. Yesterday,
• 0:04
  Speaker 1: when we were talking about Brian Colberger and his new appeal,
• 0:08
  Speaker 1: I said that if they appointed a new lawyer to
• 0:11
  Speaker 1: the case, then that might mean that it's game time.
• 0:15
  Speaker 1: Well that's exactly what has occurred. Brian Colberger has a
• 0:20
  Speaker 1: lawyer now overseeing this appeal, and while I still think
• 0:24
  Speaker 1: that there's literally zero chance that he gets a new trial,
• 0:28
  Speaker 1: will do what we always do and follow the evidence.
• 0:31
  Speaker 1: So today we have an article from the Idaho Statesman
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  Speaker 1: headline Brian Colberger seeks new trial in Idaho. Now what
• 0:38
  Speaker 1: credibility could be key? This article was authored by Alex Breezy.
• 0:46
  Speaker 1: Whether Brian Colberger's request for a trial is granted will
• 0:49
  Speaker 1: be decided by the same judge who condemned him the
• 0:52
  Speaker 1: four consecutive life sentences, calling him the worst of the worst.
• 0:58
  Speaker 1: Making his first media statement since he was convicted of
• 1:01
  Speaker 1: the first degree murders of four University of Idaho students,
• 1:05
  Speaker 1: Coberger has claimed that he's innocent, and in court filings
• 1:08
  Speaker 1: has blamed as defense team for leading him to a
• 1:11
  Speaker 1: false confession. Imagine this dude saying that he was misled.
• 1:15
  Speaker 1: Bro was going to school to be a criminologist. He's not.
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  Speaker 1: You know, somebody that's stupid, you would think, right, maybe degenerate,
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  Speaker 1: may be deranged, but certainly somebody that's capable of cleaning
• 1:27
  Speaker 1: up a crime scene, and certainly somebody who's capable of
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  Speaker 1: understanding what his lawyers are telling him. And now, when
• 1:35
  Speaker 1: all said and done and he got a little taste
• 1:38
  Speaker 1: of what the rest of his life's going to be like, well,
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  Speaker 1: he has other ideas. He has to be granted a
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  Speaker 1: new trial as part of a petition for a post
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  Speaker 1: conviction relief, even though that could return the death penalty
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  Speaker 1: to the table. But what's the likelihood a trial happens
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  Speaker 1: and what comes next? To understand how this legal practice works,
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  Speaker 1: the Daho Statesman reviewed state law, recent church prior court rulings,
• 2:01
  Speaker 1: and spoke with two local defense attorneys. And here's what
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  Speaker 1: we learned. When he admitted to killing Madison Mogan, Kelly Gonsalvez,
• 2:09
  Speaker 1: Zana Kernodle, and Ethan Chapin. As part of his plea agreement,
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  Speaker 1: Coberger waived his right to appeal, But that doesn't include
• 2:17
  Speaker 1: a petition for a post conviction relief. There's always hoops
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  Speaker 1: to jump through. And this is what I said back
• 2:23
  Speaker 1: in the day. Why the fuck are they going into
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  Speaker 1: a plea deal with Brian Kolberger. Now I get it,
• 2:30
  Speaker 1: you know, you want to save people the sadness reliving it.
• 2:34
  Speaker 1: All of that I understand, But I also understand why
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  Speaker 1: people like the Gonsalves family were irate. I'd want Brian
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  Speaker 1: Colberger to stand trial as well if he murdered my kid,
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  Speaker 1: somebody I loved, and the fact that the DA let
• 2:51
  Speaker 1: him off, in my opinion, is unacceptable. Now people will
• 2:56
  Speaker 1: tell you that being in prison for the rest of
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  Speaker 1: your life is worse than the death sentence, and for
• 3:00
  Speaker 1: somebody like Brian Colberger, that's probably true. But the fact remains,
• 3:06
  Speaker 1: Brian Colberger murdered four kids while they were sleeping. And
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  Speaker 1: if that doesn't rise to the level of the death penalty,
• 3:13
  Speaker 1: then what does the legal avenue? Initiates a civil proceeding
• 3:18
  Speaker 1: where someone convicted of a crime can sue the state
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  Speaker 1: over allegations at their punishment. More than likely a prison
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  Speaker 1: sentence violated the law. Nothing like the people of Idaho
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  Speaker 1: picking up the tab for bitch ass coburger twice. Huh boy,
• 3:32
  Speaker 1: that's a great way to use funds. So far this year,
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  Speaker 1: twenty five people, including Coburger, have file petitions for post
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  Speaker 1: conviction relief in Aida County. According to a review of
• 3:43
  Speaker 1: court records by The Statesman. This includes a petition by
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  Speaker 1: Timmy Kinner Junior, a California man who killed a three
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  Speaker 1: year old girl at her birthday party and injured eight others,
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  Speaker 1: many of whom were children. Like, are these people for real?
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  Speaker 1: And this is another reason why if I was a prosecutor,
• 4:02
  Speaker 1: especially in a case like this, I wouldn't even think
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  Speaker 1: about entering a plea agreement. Sorry, we're going all the way.
• 4:10
  Speaker 1: I'm gonna take this over the finish line, and your
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  Speaker 1: bitch ass is about to get it. The petition isn't
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  Speaker 1: an appeal, but it could offer the defendant known as
• 4:20
  Speaker 1: the petitioner in these cases, a similar pathway to have
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  Speaker 1: a sentence or guilty police set aside. It's also the
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  Speaker 1: approach someone takes when questioning the effectiveness of their attorneys.
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  Speaker 1: Something Colberger has done boy talk about revisionist history, and
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  Speaker 1: the sad truth is, there's gonna be a lot of
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  Speaker 1: people that bite. There's gonna be a lot of people
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  Speaker 1: out there that take this degenerate at his word, and
• 4:43
  Speaker 1: that's because they like the entertainment. Oh well, did you
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  Speaker 1: hear what Colberger said? I don't really give a fuck
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  Speaker 1: what Colberger said. I saw the evidence, and the evidence
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  Speaker 1: told me that he was guilty. And if you get
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  Speaker 1: up an open court and you stand there and you
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  Speaker 1: tell the judge and the whole world that you're guilty,
• 5:00
  Speaker 1: guess what, bitch, you're guilty. In his handwritten after David
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  Speaker 1: that was filed with the state's court system, Coburger alleged
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  Speaker 1: that he was convicted or convinced the falsely confess to
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  Speaker 1: the burglary and for murder charges by coercion, disinformation, false promises,
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  Speaker 1: and the withholding of exculpatory discovery. Oh yeah, they withheld
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  Speaker 1: a whole bunch of discovery. Have you taken a look
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  Speaker 1: at the docket? You know how many files were transmitted
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  Speaker 1: to Coburger's team attact like Anne Taylor of all people ignored.
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  Speaker 1: It is crazy to me. We're not talking about some
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  Speaker 1: podunk lawyer, somebody that doesn't know her business. This is
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  Speaker 1: a seasoned lawyer who at the time, remember, fought tooth
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  Speaker 1: and nail for Brian Coberger, got the venue changed, got
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  Speaker 1: all kinds of concessions going his way, but all of
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  Speaker 1: a sudden he had ineffective counsel. Would ineffective counsel have
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  Speaker 1: had the venue changed? Ask yourself that he was convinced
• 6:03
  Speaker 1: that actual guilt was not an important factor in accepting
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  Speaker 1: his plea deal, as he could have faced the death penalty.
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  Speaker 1: He wrote, he was advised to lie to gain a
• 6:12
  Speaker 1: legal victory by entering a false plea. He added, I
• 6:16
  Speaker 1: don't buy that. Sorry. If anyone's a liar, it's Brian Colberger.
• 6:19
  Speaker 1: And if you want to believe him, cool, but understand
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  Speaker 1: that I think you're a fucking moron. He alleged that
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  Speaker 1: as attorneys grossly misrepresented death row by fabricating a story
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  Speaker 1: about the horrific experience towarding that portion of the state's
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  Speaker 1: maximum security prison. Oh yeah, I'm sure it's a cakewalk.
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  Speaker 1: Everybody wants to be on death row, Brian Colberger, and frankly,
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  Speaker 1: that's where you should be. So I'm almost at the
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  Speaker 1: point where I hope they give him a new trial
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  Speaker 1: and this time really stick it to his ass. I'm
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  Speaker 1: talking all the way. And then when they get that
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  Speaker 1: conviction again, his time with the firing squad should be
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  Speaker 1: broadcast live. But these types of cases, especially ones where
• 7:06
  Speaker 1: the petitioner claims ineffective assistance of counsel, are hard to win,
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  Speaker 1: two defense attorneys told The Statesman, Prior court decisions have
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  Speaker 1: found that there's a strong presumption that the attorney's actions
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  Speaker 1: fall within the wide range of their profession, and the
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  Speaker 1: petitioner bears the burden of proving that council's representation fell
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  Speaker 1: below an objective standard of reasonableness, according to a nineteen
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  Speaker 1: eighty nine ruling from the Idaho Supreme Court in Charboneau
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  Speaker 1: versus Idaho. On top of that, if someone is given
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  Speaker 1: an evidentiary hearing, the same attorneys who defended them could
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  Speaker 1: be called as witnesses to testify against the allegations made
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  Speaker 1: by their former client. How do you think that's going
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  Speaker 1: to work out? When Ann Taylor sits up there and
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  Speaker 1: tells everybody that Brian Kohlberger's bitch ass is a liar.
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  Speaker 1: Not going to look so great for mister White Snow,
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  Speaker 1: is it. It's going to come down to credibility. Adam Mondo,
• 8:01
  Speaker 1: a Bois based defense attorney, said, and again, who are
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  Speaker 1: you going to believe the attorney or the defendant who's
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  Speaker 1: accused of rape or murder or forgery. It isn't impossible
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  Speaker 1: to win an ineffective council defense, Hondo told The Statesman.
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  Speaker 1: But in Coberger's case, to keep the proceedings going, he'll
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  Speaker 1: need to amend his petition to provide more specific examples.
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  Speaker 1: He can't just make conclusionary statements like I was pressured
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  Speaker 1: into doing this, Ando said, or say that he was
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  Speaker 1: threatened because his attorneys informed them about the realities of
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  Speaker 1: death row. If the threats like if you don't sign this,
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  Speaker 1: you face the death penalty, Ando said, Well, that's not
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  Speaker 1: a threat, that's just like true. Yeah, that's reality. Either
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  Speaker 1: you go into the plea deal or you get tagged
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  Speaker 1: with the death penalty because you were guilty. Buddy, Okay.
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  Speaker 1: This was echoed by Boise based defense attorney Edwina Elcox.
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  Speaker 1: Having a conversation with clients about their life on death
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  Speaker 1: row if they don't take a plea deal and are
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  Speaker 1: sent to death is a routine part of those conversations.
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  Speaker 1: She said, well, yeah, council has to give you a
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  Speaker 1: full picture, right, Look, this is what you can expect.
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  Speaker 1: But if you plead guilty, you're going to go to
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  Speaker 1: a you know, regular high security facility, and your life
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  Speaker 1: will be a little bit better maybe. And when you
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  Speaker 1: have the preponderance of evidence lined up against you that
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  Speaker 1: we had against Coberger, forget it. That's the reason he
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  Speaker 1: pled guilty. He knew he was cooked. That's it. That's
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  Speaker 1: the whole reason. Colberger had a team of well respected
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  Speaker 1: attorneys who filed dozens of motions throughout his years long
• 9:36
  Speaker 1: legal battle, she said. She added that Ann Taylor's team
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  Speaker 1: was able to get the death penalty off the table,
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  Speaker 1: something el Cox called an incredible defense victory. Realistically, I
• 9:46
  Speaker 1: don't think that this is going to go anywhere, el
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  Speaker 1: Cox told The Statesman. And I don't think so either,
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  Speaker 1: But now that the attorney's been appointed, we have to
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  Speaker 1: take it a bit more seriously in my opinion. Now
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  Speaker 1: that Coburger has filed a petition for post conviction relief,
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  Speaker 1: what comes next. When someone files the petition, they'll typically
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  Speaker 1: request a public defender if they can't afford their own attorney.
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  Speaker 1: It's not a guarantee that the petitioner is given an
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  Speaker 1: attorney at public expense, as it's not a criminal case,
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  Speaker 1: so there's no constitutional right to council but it's a
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  Speaker 1: low standard. In two thousand and one, the Idaho Court
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  Speaker 1: of Appeals issued a decision that said, based on two statutes,
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  Speaker 1: the presiding judge must appoint the petitioner an attorney unless
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  Speaker 1: all the claims alleged in the petition are frivolous, and
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  Speaker 1: the petition filed pro say or on your own behalf
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  Speaker 1: is not frivolous unless it appears beyond doubt that the
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  Speaker 1: petitioner could prove no set of facts in support of
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  Speaker 1: his claim, and that would entitle him to relief, according
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  Speaker 1: to Brown Verus Idaho. As part of his petition, Coberger
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  Speaker 1: also filed a motion and that's David, in support of
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  Speaker 1: appointment of council. In the standardized form that he filled
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  Speaker 1: out and signed, he acknowledged that the issues presented in
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  Speaker 1: his case may become too complex for him to pursue
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  Speaker 1: and that he lacks the knowledge and skill needed to
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  Speaker 1: represent himself. If I'm forced to proceed without counsel being appointed,
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  Speaker 1: I will be unfairly handicapped in competing with trained and
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  Speaker 1: competent Council of the State. The sign motion read on Wednesday,
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  Speaker 1: his request was granted the Idaho State Public defender's office,
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  Speaker 1: possibly through its Alternate Council division, will be tasked with
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  Speaker 1: appointing him an attorney. According to an order signed by
• 11:27
  Speaker 1: Judge Stephen Hippler of Idaho's fourth Judicial District. Hippler oversaw
• 11:31
  Speaker 1: Coberger's criminal case and sentenced him. Once the attorney is assigned,
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  Speaker 1: they'll typically work with their client to amend the petition
• 11:39
  Speaker 1: with additional affid davids and evidence. At the same time,
• 11:43
  Speaker 1: the state will submit its response, which could include a
• 11:46
  Speaker 1: motion for summarydisposition. Under state law, prosecutors have thirty days
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  Speaker 1: to respond after the petition'submission, though the judge may extend
• 11:55
  Speaker 1: that timeframe, and if the prosecution files a motion for summarydisposition,
• 12:00
  Speaker 1: the presiding judge Hippler and Coberger's case will likely schedule
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  Speaker 1: a hearing. The judge would then issue a decision on
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  Speaker 1: the motion, and if the judge decides to grant a
• 12:10
  Speaker 1: request for a summarydisposition, the case could be closed. However,
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  Speaker 1: a petitioner can appeal the district court's judge decision to
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  Speaker 1: the Idaho Supreme Court, just like any other appeal, Hondo said,
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  Speaker 1: and I think that's where we're headed. Honestly, an appeal
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  Speaker 1: to the Supreme Court. I have a hard time believing
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  Speaker 1: that Judge Hipler is going to approve this request. Winning
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  Speaker 1: a petition for post conviction relief means getting your remedy
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  Speaker 1: on Tho explained, referring to the judge granting a petitioner
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  Speaker 1: a new trial or sentencing. So, look, we have a
• 12:42
  Speaker 1: long way to go still, right, we have a long
• 12:45
  Speaker 1: way to go when it comes to this situation with
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  Speaker 1: Brian Kolberger. Now, at this initial stage, I don't really
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  Speaker 1: see it going anywhere. But now that he has a lawyer,
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  Speaker 1: I think we have to take it a bit more seriously.
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  Speaker 1: And that's exactly what we'll do. All right, that's gonna
• 13:00
  Speaker 1: do it for this one. All the information that goes
• 13:03
  Speaker 1: with this episode can be found in the description box.