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Murder In Moscow: Bryan Kohberger And His "Throw Spaghetti Against The Wall" Defense Strategy · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. Brian
• 0:04
  Speaker 1: Kolberger and his team are throwing everything they can at
• 0:08
  Speaker 1: the prosecution hoping that something sticks. However, so far they
• 0:13
  Speaker 1: have not been very lucky when it comes to getting
• 0:16
  Speaker 1: the judge to buy into their narrative. And when I
• 0:19
  Speaker 1: say the judge, I mean multiple judges, not just the
• 0:22
  Speaker 1: one right now, but previously Megan Marshall and Judge John
• 0:26
  Speaker 1: Judge as well. But Colberger's team they're not given up.
• 0:30
  Speaker 1: They're not going to quit, and they're certainly not going
• 0:33
  Speaker 1: to stop trying to get their client out from underneath
• 0:35
  Speaker 1: these charges. The problem that they keep running into, however,
• 0:39
  Speaker 1: is that the evidence that has been built against Brian
• 0:42
  Speaker 1: Colberger is very strong, and when you have that kind
• 0:46
  Speaker 1: of evidence, it's very difficult to get out from underneath
• 0:48
  Speaker 1: it unless you have something to counter it. And so far,
• 0:52
  Speaker 1: they have not come to the table with anything that
• 0:55
  Speaker 1: even looks like it's going to counter what the prosecution
• 0:58
  Speaker 1: has presented. And I think that's why you see a kitchen,
• 1:01
  Speaker 1: sink and everything else approach being taken by Anne Taylor
• 1:04
  Speaker 1: in company here, because they understand the stakes obviously, and
• 1:08
  Speaker 1: they understand that the evidence is built against them, and
• 1:11
  Speaker 1: when you have that kind of evidence that you're staring
• 1:13
  Speaker 1: at as a defense attorney, you know it has to
• 1:15
  Speaker 1: be all gas and no breaks. And that's where Anne
• 1:18
  Speaker 1: Taylor and company are at now. It's all gas, no breaks.
• 1:21
  Speaker 1: But at some point they're going to have to put
• 1:23
  Speaker 1: up and if they're going to make allegations about the
• 1:27
  Speaker 1: prosecution with holding discovery, with holding information, they better have
• 1:31
  Speaker 1: the evidence to back that up for the judge. And
• 1:33
  Speaker 1: if they don't, they're going to be in big trouble.
• 1:36
  Speaker 1: So today we have an article from Fox News and
• 1:39
  Speaker 1: the headline Brian Coberger defense aims to create illusion with
• 1:43
  Speaker 1: renewed bid to toss evidence. According to a former FBI agent,
• 1:49
  Speaker 1: this article was authored by Adam Sabs, Brian Colberger's defense
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  Speaker 1: team is trying to create an illusion for future jurors
• 1:58
  Speaker 1: with a new effort to get certain evidence tossed. A
• 2:00
  Speaker 1: former FBI special agent said, yeah, no doubt about it.
• 2:04
  Speaker 1: Anyone who follows cases knows they were building a narrative
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  Speaker 1: with these filings because they can't do it in the
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  Speaker 1: public because of the gag order, you know, the gag
• 2:12
  Speaker 1: order they wanted, by the way, Yeah, because of that.
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  Speaker 1: So instead, what they're going to do is build that
• 2:17
  Speaker 1: narrative by filing these motions. Even if these motions are
• 2:21
  Speaker 1: out to lunch, and we already seen the judge call
• 2:25
  Speaker 1: them out for the siree Affidavid and if you recall,
• 2:28
  Speaker 1: Judge Hitler wasn't very happy with the defense over that
• 2:32
  Speaker 1: whole entire ordeal. So they better be very very cautious
• 2:36
  Speaker 1: moving forward with their approach here and with the throw
• 2:39
  Speaker 1: all the spaghetti you can at the wall and hope
• 2:42
  Speaker 1: some sticks kind of strategy. Coburger is charged with first
• 2:46
  Speaker 1: degree murder in the deaths of four students at the
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  Speaker 1: University of Idaho, including Kaylee Gonsalvez, Zani Kernlodl, Madison Mogan,
• 2:53
  Speaker 1: and Ethan Chapin. The former Washington State University student was
• 2:58
  Speaker 1: also charged with one film any account of burglary. During
• 3:02
  Speaker 1: an April ninth hearing, Judge Stephen Hipler issued several rulings
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  Speaker 1: on motions filed by the defense. Hipler agreed partially to
• 3:09
  Speaker 1: a motion from a defense attorney that would have blocked
• 3:12
  Speaker 1: prosecutors from using such words as psychopath and sociopath during
• 3:16
  Speaker 1: the trial. That's not a victory nobody was going to
• 3:19
  Speaker 1: use those words anyway. Now I know the weird Brian
• 3:22
  Speaker 1: Colberger stands out there. We'll try and make this as
• 3:25
  Speaker 1: like some kind of big victory for him, but it's not.
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  Speaker 1: It's basically just the judge giving everyone a reminder that
• 3:30
  Speaker 1: they have to follow the Idaho rules of evidence. And
• 3:33
  Speaker 1: I think it's telling when you see the kind of
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  Speaker 1: thing that people are hanging their hat on when it
• 3:37
  Speaker 1: comes to Coburger and his defense, like this is some
• 3:40
  Speaker 1: sort of big victory for them. But you know what
• 3:42
  Speaker 1: they say, A drowning man will grab on to any
• 3:45
  Speaker 1: kind of life preserver he can. He cautioned, however, that
• 3:49
  Speaker 1: the defense request is similar to asking for an order
• 3:52
  Speaker 1: that says the state shall not commit prosecutorial misconduct. Bang
• 3:55
  Speaker 1: right there. There is no sort of order that's needed
• 4:00
  Speaker 1: for those words. Everybody knows they can't use those words
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  Speaker 1: in court when they're trying to explain who Coburger is,
• 4:06
  Speaker 1: and nobody even planned on doing it. But once again,
• 4:09
  Speaker 1: it's part of the narrative building, right, Let's build this narrative.
• 4:12
  Speaker 1: Let's make it look like Brian Colberger is being absolutely railroaded.
• 4:16
  Speaker 1: And then a couple of jerkofs will pick up on
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  Speaker 1: it and they'll try and be turtle boy. That's basically
• 4:21
  Speaker 1: what you have. You have people looking to benefit here,
• 4:23
  Speaker 1: people drifting, and people trying to get some money by
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  Speaker 1: being contrarian, even though the evidence is pointing us somewhere else.
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  Speaker 1: So I'm not going to make pretend that we have
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  Speaker 1: some kind of, you know, groundbreaking evidence here or that
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  Speaker 1: Brian Colberger's team is making moves because they're not, and
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  Speaker 1: anybody telling you that they are is lying to you,
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  Speaker 1: either trying to feed your bias or trying to get
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  Speaker 1: some clicks on their shit to get that ad revenue.
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  Speaker 1: Because I have a hard time believing some of these
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  Speaker 1: people even believe the things that they're saying. A doctor
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  Speaker 1: being used as a witness by the defense also agreed
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  Speaker 1: to hand over her findings on Brian Colberger's psychological state
• 5:00
  Speaker 1: following a motion to preclude the death penalty based on
• 5:03
  Speaker 1: the former Washington State University students autism diagnosis. All of
• 5:08
  Speaker 1: a sudden, they want us to believe that Brian Coberger
• 5:10
  Speaker 1: is neurodivergent like Gus Wall's sun or something that autism
• 5:14
  Speaker 1: sure didn't stand in the way of him getting that
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  Speaker 1: PhD or getting close to it. Did it? He got
• 5:19
  Speaker 1: a college degree, didn't he? So please stop with the
• 5:21
  Speaker 1: autism stuff. The autism didn't cause him to kill anybody allegedly.
• 5:26
  Speaker 1: If he did it, it's because he's a piece of shit.
• 5:29
  Speaker 1: I know, breaking news, right. Coburger's defense team also asked
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  Speaker 1: for inflammatory evidence to be left out of the trial,
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  Speaker 1: such as excessive use of crime scene pictures, but Hipler
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  Speaker 1: said he expects the evidence to reflect the brutal and
• 5:44
  Speaker 1: horrific nature of the murders. Can you imagine even making
• 5:48
  Speaker 1: that ask, Well, we know we're here for a murder trial,
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  Speaker 1: but let's not show any of the pictures. Let's not
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  Speaker 1: show any of the evidence because you know it's discriminatory
• 5:56
  Speaker 1: towards our client. You know, the guy that's on trial
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  Speaker 1: for murdering four college kids who are in their beds. Yeah,
• 6:02
  Speaker 1: that dude. A request from defense attorneys to have Colberger's
• 6:07
  Speaker 1: twenty twenty de Sell's university essay about crime scene handling
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  Speaker 1: excluded from trial was denied. And I think that's a
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  Speaker 1: gigantic ruling that people aren't even talking about. That's going
• 6:17
  Speaker 1: to loom large Elay's foundation, and it shows the jurors
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  Speaker 1: that Brian Cohberger not only knew how to secure a
• 6:24
  Speaker 1: crime scene, but now how to clean one up. I know,
• 6:27
  Speaker 1: not a big deal, right, I guess if you're somebody
• 6:29
  Speaker 1: sending Brian Colberger love letters, it's not a big deal.
• 6:33
  Speaker 1: But for the rest of us, that is very, very
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  Speaker 1: damning evidence when added with all the other evidence that
• 6:39
  Speaker 1: has been collected. During the hearing on April ninth, defense
• 6:42
  Speaker 1: attorneys also pushed to have audio from the nine to
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  Speaker 1: one one call made by the victim's roommate excluded from
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  Speaker 1: the trial. Hipler said he'd consider only allowing a redacted
• 6:51
  Speaker 1: version of the call to be air during trial, but
• 6:54
  Speaker 1: said he'll likely allow the nine to one one call
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  Speaker 1: audio to be played. And I have no doubt that
• 6:59
  Speaker 1: Judge Hipler is going to admit that call, and we're
• 7:03
  Speaker 1: going to get to hear it, and we're going to
• 7:05
  Speaker 1: get to see it at trial. Now, it might be redacted,
• 7:09
  Speaker 1: there's some legal eas there that has to be addressed,
• 7:12
  Speaker 1: so we'll have to see what the final product is,
• 7:14
  Speaker 1: but some version of that nine to one one call
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  Speaker 1: will be admitted as evidence. Hitler said that he'd rule
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  Speaker 1: on some motions after the hearing. Former FBI Special Agent
• 7:24
  Speaker 1: Jonathan Gilliam told Fox News Digital that he thinks Colberger's
• 7:28
  Speaker 1: defense team is focused on creating doubt for future jurors. Well, yeah,
• 7:32
  Speaker 1: that's their job. That's exactly what they're doing. The idea
• 7:37
  Speaker 1: is to build this narrative, and to do that, you
• 7:40
  Speaker 1: have to have these kinds of motions, right, the so
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  Speaker 1: called bombshell motions that are going to get the Carnival
• 7:45
  Speaker 1: Barker's bargain and people talking about it. And they've done
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  Speaker 1: a pretty good job doing that, but it's not going
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  Speaker 1: to be enough. Former FBI Special Agent Jonathan Gilliam told
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  Speaker 1: Fox News Digital he thinks Coberger's defense team is focused
• 8:00
  Speaker 1: on creating doubt of future jurors. It's important to realize
• 8:04
  Speaker 1: that the defense are not focused on his guilt or innocence.
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  Speaker 1: They're focused on showing or creating the illusion that the
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  Speaker 1: prosecution does not have a strong enough case to convict.
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  Speaker 1: Gilliam said, whether or not these defense attorneys believe that
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  Speaker 1: Brian Coberger didn't murder these four individuals or not is
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  Speaker 1: irrelevant to the defense. That's true, one hundred percent. Their
• 8:25
  Speaker 1: job is to create enough reasonable doubt that one or
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  Speaker 1: two jurors decide that Brian Coberger is not the man
• 8:31
  Speaker 1: that they're looking for. The problem for the defense is
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  Speaker 1: there nowhere near being at that point. In my opinion,
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  Speaker 1: the defense is trying to influence the court so that
• 8:41
  Speaker 1: the court ends up creating a barrier or a hurdle
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  Speaker 1: for the prosecution. He added. During the April ninth hearing,
• 8:48
  Speaker 1: defense attorney and Taylor attempted to argue that the prosecution
• 8:52
  Speaker 1: is intentionally slow walking discovery, but later admitted that all
• 8:55
  Speaker 1: requests from the defense have been provided. So this is
• 8:59
  Speaker 1: the game that Ann Taylor has been playing for quite
• 9:01
  Speaker 1: some time, and it's what the little carnival barking jerkoffs
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  Speaker 1: pick up on and start yapping about. Unfortunately for Ann
• 9:07
  Speaker 1: Taylor and the defense, rational people just go and look
• 9:10
  Speaker 1: at the core documents for themselves and see that the
• 9:13
  Speaker 1: narrative being pitched is well, not exactly truthful. Gilliam said
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  Speaker 1: this was another attempt from Taylor to try and delay
• 9:20
  Speaker 1: the process even more. They've been able to stall it
• 9:24
  Speaker 1: over and over again, Gilliam said of Taylor's court room tactics,
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  Speaker 1: and I wonder if they're trying to do that to
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  Speaker 1: put distance enough where they can get a more sympathetic
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  Speaker 1: jury where they hope that some of the evidentiary stuff
• 9:35
  Speaker 1: can be thrown out because it's not as crystal clear
• 9:38
  Speaker 1: as the prosecution wants. There's a little bit of that
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  Speaker 1: going on, for sure. The longer the time period, the
• 9:44
  Speaker 1: more chance things go wrong for the prosecution. Evidence can
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  Speaker 1: get lost, people can die, you know how it goes.
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  Speaker 1: So yeah, for Brian Kolberger, the more delays the better.
• 9:56
  Speaker 1: Former homicide detective and Fox News contributor Ted Williams told
• 9:59
  Speaker 1: Fox is Digital that Coburger's defense team is trying to
• 10:03
  Speaker 1: do everything they can to pull calls in the prosecutor's arguments.
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  Speaker 1: What they're doing is they're throwing any and everything they
• 10:11
  Speaker 1: can against the wall and they're hoping that something will stick.
• 10:13
  Speaker 1: William said, But there's overwhelming evidence that put Brian Coolberger
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  Speaker 1: not only in the house, but evidence that show that
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  Speaker 1: it's more likely than not that he is the killer
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  Speaker 1: of these four young students. A jury trial is scheduled
• 10:26
  Speaker 1: for August eleventh, So look, it's going to be a long,
• 10:30
  Speaker 1: arduous road till we get there, and you can expect
• 10:33
  Speaker 1: a very fiery back and forth from both sides. The
• 10:37
  Speaker 1: problem for Ann Taylor in company is they really don't
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  Speaker 1: have anything to go on. They can make all of
• 10:42
  Speaker 1: these allegations, and they can make all of these statements
• 10:45
  Speaker 1: with these motions, but once we get into the courtroom,
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  Speaker 1: none of it's held up. And we're not talking about
• 10:50
  Speaker 1: just once or twice. We're talking about pretty much every
• 10:53
  Speaker 1: single time they've made a big allegation. But I don't
• 10:56
  Speaker 1: think that's going to stop them from employing this strategy
• 10:59
  Speaker 1: as they continue to look for any way to try
• 11:01
  Speaker 1: and get Brian Kolberger off from these charges. All Right, folks,
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  Speaker 1: that's gonna do it for this one. All of the
• 11:08
  Speaker 1: information that goes with this episode can be found in
• 11:11
  Speaker 1: the description box.