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Murder In Moscow: Judge Hippler Hits Bryan Kohberger With Another Disastrous Ruling · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. Ever
• 0:03
  Speaker 1: since the state of Idaho announced that it was going
• 0:05
  Speaker 1: to be looking for capital punishment, if Brian Kohlberger was
• 0:09
  Speaker 1: found guilty, Brian Kohlberger and his team have done everything
• 0:13
  Speaker 1: humanly possible to get the death penalty taken off the table.
• 0:19
  Speaker 1: And at every single turn, Brian Kohlberger has been denied
• 0:22
  Speaker 1: by the judge. And that continues to be the case
• 0:26
  Speaker 1: as we creep ever closer to trial. So today we
• 0:29
  Speaker 1: have an article from Daily Mail talking about Judge Hippler
• 0:33
  Speaker 1: and his resounding denial of Brian Kohlberger and Brian Kohlberger's
• 0:38
  Speaker 1: request to get the death penalty and ultimately the firing
• 0:42
  Speaker 1: squad taken off the table. Headline, Idaho murders trial judge
• 0:48
  Speaker 1: damning one word response to Brian Kohlberger's bid to dodge
• 0:51
  Speaker 1: the firing squad. This article was authored by Rachel Sharp.
• 0:57
  Speaker 1: A judge has issued a damning response to Brian Kohlberger's
• 0:59
  Speaker 1: latest bid to dodge the firing squad if he's convicted
• 1:03
  Speaker 1: of the brutal stabbing murders of four University of Idaho students.
• 1:08
  Speaker 1: Kohlberger is due to go on trial this August charged
• 1:11
  Speaker 1: with the murders of Zanna Kernodle, Ethan Chapin, Kaylee Gonsalves,
• 1:15
  Speaker 1: and Madison Mogan in a crime that shocked the nation.
• 1:19
  Speaker 1: The four students were slaughtered in a horrific knife attack
• 1:22
  Speaker 1: in the early hours of November 13, 2022. inside an
• 1:26
  Speaker 1: off-campus student home in Moscow, Idaho. The 30-year-old criminology PhD student,
• 1:32
  Speaker 1: who was living just over the state border while studying
• 1:35
  Speaker 1: at Washington State University, is facing the death penalty if convicted. Well, yeah,
• 1:41
  Speaker 1: that's usually the case if you kill four people. Now,
• 1:44
  Speaker 1: I'm not saying that Brian Kohlberger is guilty yet. We
• 1:47
  Speaker 1: haven't seen all of the evidence one way or the other.
• 1:50
  Speaker 1: But if you're found guilty of this crime, bro, it's
• 1:53
  Speaker 1: time to cook. And you're lucky that I'm not in
• 1:56
  Speaker 1: charge because it wouldn't be the firing squad. It would
• 1:58
  Speaker 1: be helicopters and volcanoes. We'd strap a GoPro to his
• 2:02
  Speaker 1: bitch ass. We'd take him up in a helicopter over
• 2:05
  Speaker 1: an active volcano. And then we let the parents push
• 2:08
  Speaker 1: him out. And the whole entire operation? Available on live streaming. Instead, unfortunately,
• 2:15
  Speaker 1: what we're going to get, even if Brian Koberger is
• 2:17
  Speaker 1: convicted and given the death penalty, is somebody that ends
• 2:21
  Speaker 1: up sitting on death row for quite some time. until
• 2:24
  Speaker 1: at least he exhausts all of his appeals. That's how
• 2:27
  Speaker 1: the system is set up. So when people get the
• 2:29
  Speaker 1: death penalty, it's not like they get it, and then
• 2:32
  Speaker 1: they're taken directly to the chamber, where that punishment is administered. Instead,
• 2:37
  Speaker 1: it's a drawn-out process. With this high-profile trial looming, Koberger's
• 2:41
  Speaker 1: defense team has made a string of moves, trying to
• 2:45
  Speaker 1: get the capital punishment taken off the table. Now in
• 2:48
  Speaker 1: a new court order this week, Judge Stephen Hippler struck
• 2:51
  Speaker 1: down his latest attempt, and blasted Kohlberger's complaints that the
• 2:55
  Speaker 1: prosecution failed to hand over evidence in a timely and
• 2:58
  Speaker 1: accessible manner as hollow. And that's what I've been saying
• 3:02
  Speaker 1: from the beginning. There is not even a hint of
• 3:05
  Speaker 1: Brady-Gilio violations here. You want to talk about a shitshow?
• 3:10
  Speaker 1: Go and take a look at what's going on in Canton.
• 3:12
  Speaker 1: Go take a look at what's going on, or what
• 3:14
  Speaker 1: went on, I should say, in Indiana. That's a shitshow.
• 3:18
  Speaker 1: What we see here is a very methodical approach by
• 3:21
  Speaker 1: the prosecution and the state to make sure that there
• 3:24
  Speaker 1: is no rock left unturned and no way out for
• 3:27
  Speaker 1: Brian Kohlberger if he is convicted. And that's the way
• 3:31
  Speaker 1: it should go. You should not be rushing to judgment
• 3:35
  Speaker 1: and you should not be taking something to trial if
• 3:37
  Speaker 1: you don't have the goods. But we see down in
• 3:40
  Speaker 1: Canton how things are all screwed up and how there's
• 3:43
  Speaker 1: a whole bunch of questions about the investigation itself and
• 3:46
  Speaker 1: the judge and everybody else involved. Whereas here, that shit's
• 3:50
  Speaker 1: going to ring hollow. If anybody starts that nonsense up
• 3:53
  Speaker 1: here in Idaho, I would ignore them. Honestly, they're not
• 3:56
  Speaker 1: even worth talking to because the court documents make it very,
• 3:59
  Speaker 1: very clear what's been going on here. And we've read
• 4:02
  Speaker 1: them all. Now, if you want to take issue with
• 4:04
  Speaker 1: the state law and you want to take issue with
• 4:06
  Speaker 1: some of the precedent, then that's another thing entirely. But
• 4:09
  Speaker 1: to say that Brian Kohlberger hasn't been given a fair
• 4:11
  Speaker 1: shake here is absolutely absurd. And if you're somebody that's
• 4:15
  Speaker 1: taken that approach, you should do yourself a favor and
• 4:18
  Speaker 1: smack yourself directly in the face. Defendant's complaints of being
• 4:23
  Speaker 1: unable to meaningfully review the discovery ring hollow, the judge wrote,
• 4:27
  Speaker 1: defendant has been receiving discovery in the same manner for
• 4:30
  Speaker 1: over two years. And there's no doubt about that either.
• 4:34
  Speaker 1: Nothing has changed. Brian Kohlberger has received a ton of
• 4:38
  Speaker 1: discovery here. And unfortunately, with a complex crime like this,
• 4:42
  Speaker 1: there's going to be a ton of discovery. But let's
• 4:45
  Speaker 1: remember that the prosecution has to be overly concerned with that,
• 4:49
  Speaker 1: because if not, Brian Kohlberger and Ann Taylor, they're going
• 4:51
  Speaker 1: to make a big thing out of it and say
• 4:53
  Speaker 1: that there's prosecutorial misconduct, when in reality, there obviously has
• 4:58
  Speaker 1: not been any. Dismissing the idea that there had been
• 5:01
  Speaker 1: any misconduct by prosecutors, the judge pointed out that Kohlberger
• 5:05
  Speaker 1: had asked for everything and everything is what he received.
• 5:09
  Speaker 1: Defendant cannot demand everything under the sun and then complain
• 5:12
  Speaker 1: about the weight of all the planets. He scolded the defense. 1000%.
• 5:18
  Speaker 1: You want all this discovery? Well, you now have it.
• 5:20
  Speaker 1: So what are you going to do with it? And
• 5:22
  Speaker 1: if you don't have enough people to go through it,
• 5:24
  Speaker 1: that sounds like an Ann Taylor problem. And she should
• 5:26
  Speaker 1: petition the court for more money so she can bring
• 5:29
  Speaker 1: on some more paralegals and other staffers to help her
• 5:32
  Speaker 1: go through all of this evidence. And it's not like
• 5:34
  Speaker 1: she hasn't had an ample amount of time. We're talking about, what,
• 5:37
  Speaker 1: three years now? So Brian Koberger has had plenty of
• 5:40
  Speaker 1: time to bring on other help if he's needed to
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  Speaker 1: get it. But we all know that this whole entire
• 5:46
  Speaker 1: process has been a delay tactic by Ann Taylor. And look,
• 5:50
  Speaker 1: I'm not mad at her for it. I get it.
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  Speaker 1: If I was fighting for my life, I'd want my
• 5:54
  Speaker 1: lawyer to go the extra mile too and do as
• 5:57
  Speaker 1: much as she could to obscure things and obfuscate and
• 6:00
  Speaker 1: make things difficult on the prosecution. But at some point,
• 6:04
  Speaker 1: the train comes rolling into the station and it's time
• 6:07
  Speaker 1: to get on. And folks, we're at that point. Brian
• 6:11
  Speaker 1: Kohlberger better come correct with some kind of evidence that
• 6:14
  Speaker 1: the prosecution is playing games here and they're not giving
• 6:17
  Speaker 1: him everything that he deserves because he's running out of
• 6:20
  Speaker 1: track and he's running out of track quickly. The damning
• 6:25
  Speaker 1: ruling marks the latest blow to Kohlberger's defense strategy coming
• 6:29
  Speaker 1: after the judge last week denied a separate request to
• 6:32
  Speaker 1: strike the death penalty due to his recent autism diagnosis.
• 6:36
  Speaker 1: The defense claimed his demeanor due to his diagnosis would
• 6:39
  Speaker 1: place him at a greater risk of being sentenced to death,
• 6:43
  Speaker 1: arguing that every move Koberger makes is scrutinized and claiming
• 6:47
  Speaker 1: he has been presented in the media as evil and soulless.
• 6:51
  Speaker 1: At this point, the prosecution should point out that there's
• 6:53
  Speaker 1: a whole cadre of people out there that are falling
• 6:56
  Speaker 1: all over themselves to make excuses for Brian Koberger. Now, look,
• 7:00
  Speaker 1: it's one thing to say, look, I don't believe that
• 7:02
  Speaker 1: the evidence is pointing to Koberger yet. That's totally valid.
• 7:06
  Speaker 1: What isn't valid, in my opinion, is just talking a
• 7:09
  Speaker 1: bunch of bullshit that never even came close to happening.
• 7:13
  Speaker 1: You have to have evidence, okay? And I'm talking about
• 7:16
  Speaker 1: evidence to be admitted at trial. Because you could talk
• 7:20
  Speaker 1: about this, that, or the other thing, hearsay. You can
• 7:23
  Speaker 1: bring up, oh, this was a drug hit, or whatever
• 7:25
  Speaker 1: you want. But there's one problem with all of that.
• 7:29
  Speaker 1: There is no evidence pointing to any of it. And
• 7:32
  Speaker 1: if you have that evidence, let's see it. I don't
• 7:35
  Speaker 1: want to hear about your theory either. Let's see the evidence.
• 7:39
  Speaker 1: Because when we're talking about cartels and we're talking about
• 7:42
  Speaker 1: drug organizations, trust me when I tell you, you're in
• 7:45
  Speaker 1: over your head. You got people who have never even
• 7:48
  Speaker 1: been in the streets here in the United States talking
• 7:51
  Speaker 1: about drug cartels like they understand what's going on. And
• 7:54
  Speaker 1: as far as a localized drug hit, really? You mean
• 7:57
  Speaker 1: to tell me that they got hit over a couple
• 8:00
  Speaker 1: of bags of dope? Stop it. Nobody's doing that. Not
• 8:03
  Speaker 1: in Moscow, Idaho. So that whole entire theory was never
• 8:06
  Speaker 1: anything more than just a bunch of nonsense. But yet,
• 8:09
  Speaker 1: still to this day, there's people out there that are
• 8:11
  Speaker 1: talking that BS. The state pushed back, arguing that the
• 8:14
  Speaker 1: precedent previously set to strike the death penalty are for
• 8:18
  Speaker 1: intellectual disabilities, which autism is not. Judge Hippler ruled that
• 8:22
  Speaker 1: Kohlberger's diagnosis can be used as a mitigating factor at
• 8:26
  Speaker 1: his sentencing. but does not mean the death penalty should
• 8:29
  Speaker 1: be removed from the case. This week's ruling now marks
• 8:32
  Speaker 1: the 13th time that the judge has dismissed Koberger's efforts
• 8:35
  Speaker 1: to stop a jury from potentially sending him to death row.
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  Speaker 1: So what does that tell you about what Judge Hippler
• 8:40
  Speaker 1: feels here as far as Brian Koberger standing tall before
• 8:44
  Speaker 1: the man? And I think that Hippler has it right.
• 8:46
  Speaker 1: The jury should be the ones to decide one way
• 8:49
  Speaker 1: or the other what the punishment is if Brian Koberger
• 8:52
  Speaker 1: is in fact found guilty. In the defense's latest move,
• 8:57
  Speaker 1: Kohlberger had accused the state of lengthy delays over handling
• 9:00
  Speaker 1: over evidence in the case. The legal team also argued
• 9:04
  Speaker 1: that when it had received the discovery, it found it
• 9:06
  Speaker 1: to be voluminous and unorganized, leaving them unable to prepare
• 9:11
  Speaker 1: properly for trial. And remember, if it was the other way,
• 9:14
  Speaker 1: and they didn't send them enough, or they didn't send something,
• 9:17
  Speaker 1: Brian Kohlberger would be making a whole entire scene about it.
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  Speaker 1: So that's why you see all of this discovery that
• 9:23
  Speaker 1: was handed over to Kohlberger and his team. The prosecution
• 9:27
  Speaker 1: was well aware of the tactic, and they were well
• 9:30
  Speaker 1: aware that Brian Kohlberger and his team were relying on
• 9:33
  Speaker 1: loopholes and technicalities here. As a result, the defense claimed
• 9:37
  Speaker 1: Kohlberger's rights had been violated and asked the judge to
• 9:40
  Speaker 1: strike the death penalty and impose organizational requirements on the
• 9:44
  Speaker 1: state to help with the review of evidence. prosecutors pushed
• 9:48
  Speaker 1: back on the allegations, arguing the state had complied with
• 9:52
  Speaker 1: all discovery obligations. The judge sided with the state and
• 9:55
  Speaker 1: pointed out that Kohlberger's team has had more than two
• 9:58
  Speaker 1: years to prepare for trial. since his arrest back on
• 10:01
  Speaker 1: December 30, 2022, just six weeks from the murders. While
• 10:06
  Speaker 1: defendant is currently incarcerated, he has a robust defense team
• 10:10
  Speaker 1: and he has not faced time constraints given his speedy
• 10:13
  Speaker 1: trial waiver, with this case well over two years old,
• 10:16
  Speaker 1: the judge wrote. Defendant has had nearly as much time
• 10:20
  Speaker 1: as the state to review discovery. This is not a
• 10:22
  Speaker 1: situation where the state has had the benefit of years-long
• 10:25
  Speaker 1: investigation compared to defendant, who has mere months to review
• 10:29
  Speaker 1: the investigative material. Judge Hippler also appeared to scold the
• 10:33
  Speaker 1: defense team, pointing out that lead attorney Ann Taylor has
• 10:36
  Speaker 1: chosen to take on another capital murder trial, while claiming
• 10:40
  Speaker 1: her team does not have the capacity to effectively prepare
• 10:43
  Speaker 1: for Kohlberger's. In more than two years since his arrest,
• 10:46
  Speaker 1: Kohlberger has not once sought remedy from this court to
• 10:50
  Speaker 1: regulate discovery, such as requiring the state to provide discovery
• 10:54
  Speaker 1: in a different format, the judge wrote. His lead counsel insisted,
• 11:08
  Speaker 1: that she be allowed to take on a second high-profile
• 11:11
  Speaker 1: capital case, despite the voluminous discovery in this case. So
• 11:17
  Speaker 1: Ann Taylor has another high-profile case that she's going to
• 11:20
  Speaker 1: be overseeing as the lead attorney, and she's over here
• 11:23
  Speaker 1: complaining about this one? Sorry, that's not going to work.
• 11:26
  Speaker 1: And not just for us, but obviously not for the
• 11:29
  Speaker 1: judge either. Taylor, he added, has indicated that our practice
• 11:32
  Speaker 1: is to personally review the discovery herself, and these actions
• 11:36
  Speaker 1: are not indicative of an overburdened defense team, the judge wrote.
• 11:40
  Speaker 1: In fact, it is evident defendant has been able to
• 11:43
  Speaker 1: capably navigate the discovery given his more than robust motion practice,
• 11:47
  Speaker 1: the scope and breadth of the experts retained, and the
• 11:50
  Speaker 1: disclosures filed. Bingo, 100%. If Kohlberger didn't have all the discovery,
• 11:56
  Speaker 1: how's he mounting such a defense? So all of that's
• 11:59
  Speaker 1: nothing more than a tactic and a way to do
• 12:02
  Speaker 1: an end around on the gag order when it comes
• 12:04
  Speaker 1: to trying to build a narrative about your client. And
• 12:07
  Speaker 1: that's exactly what we've seen Ann Taylor do time and
• 12:09
  Speaker 1: time again, while at the same time complaining about bad
• 12:13
  Speaker 1: press towards her client. So look, again, I'm not blaming
• 12:18
  Speaker 1: Ann Taylor because that's what she should be doing. But
• 12:21
  Speaker 1: it's nice to see the judge recognizes what's going on
• 12:24
  Speaker 1: here and he's not buying it. The family of Gonsalves
• 12:27
  Speaker 1: appeared to celebrate the judge's ruling on Wednesday, writing on
• 12:31
  Speaker 1: their Facebook page, Thank you, Judge Hippler. Without you, I
• 12:34
  Speaker 1: feel like we would still be years away from trial.
• 12:37
  Speaker 1: Gonsalves' father, Steve Gonsalves, has previously made it clear that
• 12:41
  Speaker 1: the family welcomes the death penalty in the case and
• 12:44
  Speaker 1: the possibility of the use of the firing squad. I'll
• 12:48
  Speaker 1: take it a step further. If I was her dad,
• 12:50
  Speaker 1: I'd want to be part of the firing squad. Firing
• 12:54
  Speaker 1: Squad became an alternative method of execution in Idaho last
• 12:58
  Speaker 1: year amid a shortage of lethal injection drugs. Just get
• 13:01
  Speaker 1: some fentanyl. Plenty of that going around. But it was
• 13:05
  Speaker 1: not the primary execution method, and so no inmate has
• 13:08
  Speaker 1: been put to death since it was introduced. Republican state
• 13:12
  Speaker 1: lawmaker Bruce Scogg has since put forward a bill to
• 13:16
  Speaker 1: change that, and Steve Gonsalves said earlier this year he
• 13:19
  Speaker 1: is personally pushing to help get it over the line. Look, again,
• 13:23
  Speaker 1: I get it, man. There's a lot of people out
• 13:25
  Speaker 1: there that have bad things to say about the family
• 13:28
  Speaker 1: members of these kids, and that shit is absurd. We're
• 13:31
  Speaker 1: talking about people who were murdered here. Take a step back,
• 13:34
  Speaker 1: look in the mirror, do some self-evaluating, because you've obviously
• 13:38
  Speaker 1: lost the plot. I'll be that person to stand in
• 13:40
  Speaker 1: front of the camera and drum up some support, he
• 13:42
  Speaker 1: told News Nation in February. There is no reason to
• 13:46
  Speaker 1: have capital punishment if this isn't the case for it.
• 13:49
  Speaker 1: The latest court order comes after the defense and prosecution
• 13:52
  Speaker 1: went head-to-head on April 9th in a high-stakes hearing about
• 13:56
  Speaker 1: the key evidence in the case. Both during the hearing
• 14:00
  Speaker 1: and in the weeks since, the judge has made several
• 14:02
  Speaker 1: rulings which have shaped what jurors will see and hear
• 14:05
  Speaker 1: at the trial. The orders have overall been blows to
• 14:08
  Speaker 1: Koberger's case, ruling that jurors will hear the harrowing 911 call.
• 14:13
  Speaker 1: made by victims, surviving roommates, and see their panicked texts
• 14:17
  Speaker 1: after one of them saw the masked killer inside the home.
• 14:21
  Speaker 1: Dylan Mortensen and Bethany Funk were also inside the home
• 14:24
  Speaker 1: at 1122 King Road at the time of the murders,
• 14:27
  Speaker 1: but escaped unscathed. Mortensen saw a man in a mask
• 14:31
  Speaker 1: and wearing all black walk past her bedroom door on
• 14:34
  Speaker 1: the second floor at around 4 a.m., court documents show.
• 14:39
  Speaker 1: Following a series of frantic messages and calls to Funk,
• 14:42
  Speaker 1: and the other roommates, none of whom responded, she ran
• 14:45
  Speaker 1: down to Funk's bedroom on the first floor. Kernodel and
• 14:49
  Speaker 1: Chapin were dead in Kernodel's room on the second floor,
• 14:52
  Speaker 1: while Gonsalves and Mogan were dead in Mogan's bed on
• 14:55
  Speaker 1: the third floor. Just before midday, the two survivors and
• 14:58
  Speaker 1: their friends discovered the bloodbath and called 911. As the
• 15:03
  Speaker 1: sole survivor who came face-to-face with the masked killer inside
• 15:06
  Speaker 1: the home, Mortensen's testimony is expected to be crucial at trial.
• 15:11
  Speaker 1: as well as the 911 call and text messages the
• 15:14
  Speaker 1: judges ruled against Kohlberger in allowing Mortensen to describe the
• 15:17
  Speaker 1: man inside the home using the term bushy eyebrows. Prosecutors
• 15:23
  Speaker 1: plan to show jurors the chilling selfie of Kohlberger giving
• 15:27
  Speaker 1: a thumbs up to the camera just six hours on
• 15:30
  Speaker 1: from the murders as evidence of his eyebrows. In another ruling,
• 15:34
  Speaker 1: the judge also ruled that jurors will be able to
• 15:37
  Speaker 1: see Kohlberger's Amazon shopping history Prosecutors say the shopping history
• 15:42
  Speaker 1: reveals he bought a K-Bar knife, sheath, and sharpener from
• 15:46
  Speaker 1: Amazon back in March 2022. A K-Bar leather knife sheath
• 15:51
  Speaker 1: was left behind by the killer next to Mogan's lifeless body.
• 15:55
  Speaker 1: DNA found on the sheath came back as a match
• 15:57
  Speaker 1: to Kohlberger. The murder weapon itself has never been found.
• 16:02
  Speaker 1: And they're never going to find it. I mean, the
• 16:03
  Speaker 1: most remedial criminal knows to get rid of a weapon.
• 16:06
  Speaker 1: Never mind somebody studying for their PhD in criminology. Kohlberger
• 16:12
  Speaker 1: was arrested six weeks on from the slayings at his
• 16:15
  Speaker 1: family's home in Albrightville, Pennsylvania, and charged with four murders.
• 16:19
  Speaker 1: As well as the DNA evidence and the eyewitness testimony,
• 16:23
  Speaker 1: prosecutors say Kohlberger's white Hyundai Elantra also matches a car
• 16:27
  Speaker 1: scene leaving the crime scene at the time of the murders,
• 16:30
  Speaker 1: and that his cell phone records indicate he may have
• 16:32
  Speaker 1: stalked the King Road home at least a dozen times
• 16:35
  Speaker 1: in the lead-up to the murders. Kohlberger is next due
• 16:38
  Speaker 1: in court in mid-May for a pretrial hearing. And finally,
• 16:42
  Speaker 1: after what feels like forever, this trial is only a
• 16:45
  Speaker 1: few weeks away at this point. And before you know it,
• 16:48
  Speaker 1: it's going to be August, and we're going to be
• 16:50
  Speaker 1: talking about Brian Kohlberger's first day in court. And obviously,
• 16:54
  Speaker 1: until we get there, we're going to continue to lay
• 16:56
  Speaker 1: the foundation and follow along because a lot of things
• 16:59
  Speaker 1: can happen. But over the next few weeks, we're also
• 17:02
  Speaker 1: going to be focusing a lot more on Diddy as well.
• 17:05
  Speaker 1: That trial is getting ready to kick off with jury
• 17:08
  Speaker 1: selection in a few days. And as you can imagine,
• 17:10
  Speaker 1: the fireworks are gonna be insane. And on top of
• 17:14
  Speaker 1: all of that, right now we have the Karen Reid
• 17:16
  Speaker 1: trial going on we have plenty to yap about. But
• 17:19
  Speaker 1: as far as this one, well, that's gonna do it.
• 17:22
  Speaker 1: And all of the information that goes with this episode
• 17:25
  Speaker 1: can be found in the description box.