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Mega Edition: Bryan Kohberger And The Bouncing Trial Date (10/13/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. On Thursday,
• 0:04
  Speaker 1: Brian Kohlberger had a hearing in front of Judge John
• 0:07
  Speaker 1: Judge where Brian Kohlberger was able to present a witness.
• 0:12
  Speaker 1: And this witness's name is Cy Ray, we've talked about
• 0:15
  Speaker 1: him previously, and his job is to analyze cell phone
• 0:19
  Speaker 1: tower data. Whether that's the data from the tower itself,
• 0:23
  Speaker 1: you know, the phones pinging off that tower, all of it.
• 0:27
  Speaker 1: So this is the man that they're hoping can pitch
• 0:29
  Speaker 1: their narrative and pitch it in a way that the
• 0:32
  Speaker 1: jury buys it and that the judge accepts it. So
• 0:35
  Speaker 1: today we have two articles talking about the topic and
• 0:39
  Speaker 1: the first one's from NBC News. Headline, Cell Phone Expert
• 0:43
  Speaker 1: Testifies Missing Data Benefits University of Idaho Murder Suspect. This
• 0:48
  Speaker 1: article was authored by Eric Ortiz. A cell phone analyst
• 0:52
  Speaker 1: suggested at a pretrial hearing on Thursday... that he has
• 0:56
  Speaker 1: been stymied by law enforcement's disorganized data collection and record-keeping
• 1:01
  Speaker 1: in the case against Brian Kohlberger, the graduate student accused
• 1:05
  Speaker 1: in the fatal stabbings of four Idaho college students. Cy Ray,
• 1:10
  Speaker 1: whom Kohlberger's defense team plans to call as an expert
• 1:13
  Speaker 1: witness at trial, said his review of the evidence provided
• 1:16
  Speaker 1: by the FBI and the police so far shows not
• 1:20
  Speaker 1: all of the cell phone data extracted from Kohlberger's phone
• 1:23
  Speaker 1: around the time of the murders was mapped. And obviously,
• 1:26
  Speaker 1: the idea here is to punch as many holes in
• 1:29
  Speaker 1: the prosecution's evidence as possible. And remember, it was all
• 1:33
  Speaker 1: of this cell phone data that helped build the case. Now,
• 1:36
  Speaker 1: it's not the be-all end-all, obviously. It's not DNA or
• 1:40
  Speaker 1: something like that. But there is no doubt about it.
• 1:43
  Speaker 1: When you have this kind of cell phone data and
• 1:45
  Speaker 1: this kind of digital data, it's not good for the accused.
• 1:50
  Speaker 1: Take a look at Murdaugh. We can go down the list.
• 1:53
  Speaker 1: And when you have this sort of digital data that's
• 1:55
  Speaker 1: compiled against you, especially when it's buttressed by other strong
• 2:01
  Speaker 1: information or strong evidence such as DNA on a knife sheath, yeah,
• 2:05
  Speaker 1: pretty difficult to deal with that. So that's why you
• 2:08
  Speaker 1: see them going so crazy to try to get this
• 2:10
  Speaker 1: stuff thrown out. He further testified that it's crucial that
• 2:14
  Speaker 1: he receives all of the AT & T source data
• 2:17
  Speaker 1: and related information for him to verify, given that prosecutors
• 2:20
  Speaker 1: in Latah County are pinning Kohlberger to the location of
• 2:24
  Speaker 1: the killings in part by a cell phone use and
• 2:27
  Speaker 1: cell tower records. It's terrible practice to justify probable cause
• 2:31
  Speaker 1: with these very detailed called detail records and give breadcrumb-like
• 2:36
  Speaker 1: trails for individuals and then not map it, Ray said.
• 2:39
  Speaker 1: Because of the piecemealing of the data, because of the
• 2:42
  Speaker 1: missing data, because of the data I'm reviewing that is
• 2:45
  Speaker 1: incredibly inaccurate, Everything that's missing is absolutely in benefit of
• 2:50
  Speaker 1: the defense right now, Ray testified, adding, There are other
• 2:53
  Speaker 1: reports that are missing that I can't tell you are
• 2:56
  Speaker 1: benefiting of Mr. Kohlberger or the state. He added that
• 2:59
  Speaker 1: it's unclear why certain data is unavailable. Is this human error?
• 3:04
  Speaker 1: Is it accidental? Is it intentional? And all of that's valid.
• 3:08
  Speaker 1: And the state better be prepared to challenge that or
• 3:11
  Speaker 1: answer to that. What he has seen so far, he said,
• 3:14
  Speaker 1: appears to be exculpatory to Kohlberger. Ray, a former police
• 3:18
  Speaker 1: detective in Arizona, testified that he typically has been an
• 3:21
  Speaker 1: expert witness for prosecutors in criminal cases. His expertise has
• 3:26
  Speaker 1: previously come under scrutiny, and we talked about this earlier.
• 3:31
  Speaker 1: His process and the way he goes about his investigations
• 3:34
  Speaker 1: has come under scrutiny inside the courtroom previously. So there's
• 3:38
  Speaker 1: no doubt that we have to keep that in mind, right?
• 3:41
  Speaker 1: If his work has come under scrutiny previously inside the courtroom,
• 3:45
  Speaker 1: you know that the prosecution is going to bring that up.
• 3:47
  Speaker 1: So once again, the defense better be prepared to counter that.
• 3:51
  Speaker 1: Earlier in Thursday's hearing, a lead investigator with the Moscow
• 3:54
  Speaker 1: Police Department testified that thousands of hours of video were
• 3:58
  Speaker 1: collected in relation to a Hyundai Elantra that prosecutors say
• 4:02
  Speaker 1: Kohlberger was driving when he left his apartment in Washington State,
• 4:06
  Speaker 1: nine and a half miles from where the murders took
• 4:08
  Speaker 1: place in Moscow, Idaho. Thursday's testimony was part of an
• 4:12
  Speaker 1: ongoing attempt by the defense to ask the judge to
• 4:15
  Speaker 1: compel prosecutors to turn over Certain evidence in the discovery phase.
• 4:20
  Speaker 1: DNA experts were expected to be called during a later
• 4:23
  Speaker 1: hearing close to the public. Prosecutors have argued that they
• 4:26
  Speaker 1: aren't purposefully withholding information. And this is pretty common. I've
• 4:31
  Speaker 1: said this once. I'll say it again. Both sides are
• 4:33
  Speaker 1: going to play games. They're both going to maneuver. And
• 4:36
  Speaker 1: if they can slow walk some evidence because it's helpful
• 4:39
  Speaker 1: for them without facing sanction, they're going to do it.
• 4:42
  Speaker 1: But you better toe the line. Look what happened with
• 4:45
  Speaker 1: Lori Vallow. It's all because of the discovery phase that
• 4:48
  Speaker 1: she ended up getting off on the death penalty. So
• 4:52
  Speaker 1: you better be very careful and you better toe the line.
• 4:55
  Speaker 1: The slow pace of the pretrial hearings and the discussions
• 4:59
  Speaker 1: hanging over such a high-profile case have only delayed the
• 5:02
  Speaker 1: trial and pushed the trial date back to the spring
• 5:05
  Speaker 1: or summer of 2025, frustrating family members of the victims
• 5:09
  Speaker 1: who say their ability to heal has been impeded. Documents
• 5:13
  Speaker 1: filed Friday also showed that a hearing on whether to
• 5:16
  Speaker 1: move the trial out of Latah County, initially scheduled for
• 5:19
  Speaker 1: late June, has been further delayed to August 29th. Just
• 5:23
  Speaker 1: what we need, huh? More delays. One thing's for damn sure, though.
• 5:27
  Speaker 1: When all is said and done here, I don't want
• 5:28
  Speaker 1: to hear anything from Brian Kohlberger about not getting a
• 5:31
  Speaker 1: fair shake. Bro is getting all the time in the
• 5:33
  Speaker 1: world to defend himself. So once the trial rolls around,
• 5:37
  Speaker 1: and after there's a conviction, if there's a conviction, I
• 5:40
  Speaker 1: don't want to hear about how he got railroaded. The
• 5:43
  Speaker 1: family of Kaylee Gonsalves, one of the murdered students, mocked
• 5:46
  Speaker 1: Thursday's hearings as business as usual. The defense claiming they
• 5:50
  Speaker 1: haven't received all the evidence in the case and the
• 5:52
  Speaker 1: prosecution stating, we can't give it if we don't have it,
• 5:56
  Speaker 1: the Gonsalves family said in a statement. The hearings have
• 5:59
  Speaker 1: become a wild west of statements, witness issues, hand-holding of
• 6:02
  Speaker 1: the attorneys, and excuses for continued delay, they said. Adding
• 6:07
  Speaker 1: that the victim's families want justice, but just as importantly,
• 6:10
  Speaker 1: We want the case to move forward, and how can
• 6:12
  Speaker 1: you really blame them? Imagine it was your daughter or
• 6:14
  Speaker 1: your loved one, and all these delays keep happening and
• 6:17
  Speaker 1: popping up, and while I can sit here and say, look,
• 6:20
  Speaker 1: I get it, it's the process, I'm not the one
• 6:22
  Speaker 1: who's being affected. If it was my daughter, you better
• 6:26
  Speaker 1: believe my fat-ass yap would be running even louder than
• 6:30
  Speaker 1: Steve Gonsalves, so I have a lot of respect for Mr.
• 6:33
  Speaker 1: Gonsalves and the way the Gonsalves family has went about
• 6:36
  Speaker 1: this whole entire tragedy. Three of the victims, Gonsalves... Mogan
• 6:41
  Speaker 1: and Zanna Kernodle lived in an apartment house near the
• 6:43
  Speaker 1: University of Idaho where they were students. Kernodle's boyfriend, Ethan Chapin, 20,
• 6:49
  Speaker 1: had been staying over and was also killed early November 13, 2022.
• 6:53
  Speaker 1: In an affidavit following Kohlberger's arrest weeks after the killings,
• 6:58
  Speaker 1: prosecutors said he was linked to the scene through male
• 7:01
  Speaker 1: DNA discovered on a knife sheath left at the victim's
• 7:04
  Speaker 1: apartment house. Investigators also said his cell phone use and
• 7:09
  Speaker 1: video surveillance connected him to the crime. Kohlberger's alibi defense
• 7:13
  Speaker 1: maintains that he would go for nighttime drives and that
• 7:17
  Speaker 1: they would only increase during the school year. And as
• 7:20
  Speaker 1: kind of a follow-up to that article, we have another
• 7:23
  Speaker 1: article from Newsweek. Headline, Kohlberger lawyers say getting evidence like
• 7:28
  Speaker 1: we are living in a snow globe. This article was
• 7:32
  Speaker 1: published by Newsweek, and the author of this article is
• 7:36
  Speaker 1: Jenna Sundell. Defense attorneys for Brian Kohlberger, the man suspected
• 7:41
  Speaker 1: of murdering four University of Idaho students, are accusing the
• 7:45
  Speaker 1: prosecution of withholding evidence and being disorganized. Kohlberger, 29, is
• 7:51
  Speaker 1: charged with four counts of murder and one count of
• 7:53
  Speaker 1: burglary related to the deaths of Kaylee Gonsalves, Madison Mogan,
• 7:57
  Speaker 1: Zanna Kernodle, and Ethan Chapin. The students, known as the
• 8:01
  Speaker 1: Idaho Four, were found dead in their off-campus home in
• 8:05
  Speaker 1: Moscow on November 13, 2022. Kohlberger pleaded not guilty to
• 8:10
  Speaker 1: all charges. He is eligible for the death penalty if convicted.
• 8:14
  Speaker 1: During Thursday's pretrial hearing, Kohlberger's legal team alleged that prosecutors
• 8:18
  Speaker 1: are withholding evidence found during the discovery process, including video
• 8:22
  Speaker 1: footage and cell phone records. Prosecutors have repeatedly denied this claim.
• 8:28
  Speaker 1: And if they are withholding anything, they're going to get
• 8:31
  Speaker 1: smacked for it. And chances are Brian Kohlberger will get
• 8:35
  Speaker 1: off as far as the death penalty like Lori Vallow did. Remember,
• 8:38
  Speaker 1: there's a roadmap for that already, and precedent already set,
• 8:42
  Speaker 1: considering what happened with Valo. So the prosecution better have
• 8:46
  Speaker 1: all of their ducks in a row here, and they
• 8:49
  Speaker 1: better be on their game, and they better not be
• 8:51
  Speaker 1: slow-walking evidence to a point where Judge Judge decides to
• 8:55
  Speaker 1: slap him. The defense called another witness, Cy Ray, who
• 8:59
  Speaker 1: said up to 3% of the cell phone data in
• 9:01
  Speaker 1: the case is missing. Ray founded ZX Corporation, a company
• 9:06
  Speaker 1: specializing in cellular geolocation mapping, analysis, and training. Some of
• 9:12
  Speaker 1: the most significant locations in the case are missing data,
• 9:15
  Speaker 1: Ray said, and that could prove troublesome, there's no doubt
• 9:18
  Speaker 1: about it. Every little thing matters. And when it comes
• 9:22
  Speaker 1: to a battle of the experts, when we're talking about
• 9:24
  Speaker 1: cell phone data, we're talking about pings, everything matters. So now,
• 9:30
  Speaker 1: we've heard from Brian Koberger's expert, well, we still haven't
• 9:33
  Speaker 1: heard from the state. Keep that in mind. We might
• 9:36
  Speaker 1: have heard a little bit from Koberger's guy here, but
• 9:38
  Speaker 1: we haven't heard from the state expert yet. So as
• 9:41
  Speaker 1: of now, we have one-way traffic, right? Defense attorneys claim
• 9:45
  Speaker 1: they are not receiving evidence in an organized manner, saying
• 9:48
  Speaker 1: discovery is being given to us like we're living in
• 9:50
  Speaker 1: a snow globe. Latah County Deputy Prosecutor Ashley Jennings said
• 9:55
  Speaker 1: prosecution has given the defense a 50 terabyte hard drive,
• 9:59
  Speaker 1: more than 13,000 photographs, more than 15,000 video clips from businesses,
• 10:04
  Speaker 1: and more than 8,000 video clips from residences. She claimed
• 10:08
  Speaker 1: that the FBI and the U.S. Attorney's Office have not
• 10:11
  Speaker 1: given prosecution all of the evidence the defense is requesting.
• 10:15
  Speaker 1: And that could be troublesome moving forward. I know people
• 10:18
  Speaker 1: don't want to hear it, but look, The prosecution has
• 10:21
  Speaker 1: to do the right thing. And if they're not turning
• 10:24
  Speaker 1: over the evidence that is needed to be turned over
• 10:27
  Speaker 1: during the discovery phase, there is going to be sanctions.
• 10:30
  Speaker 1: We can't give over what we don't have, Jennings said.
• 10:33
  Speaker 1: Newsweek reached out to Jennings for comment but did not
• 10:36
  Speaker 1: hear back immediately. Both sides are depending on evidence from
• 10:40
  Speaker 1: cell phone data to help make their case. The defense
• 10:43
  Speaker 1: claims the data will prove Koberger was out driving when
• 10:46
  Speaker 1: the victims were killed while prosecution maintains the data will
• 10:49
  Speaker 1: place Kohlberger at the scene of the crime during the killings.
• 10:52
  Speaker 1: Newsweek reached out to Kohlberger's attorneys for comment, but did
• 10:56
  Speaker 1: not hear back immediately. At another hearing on Thursday that
• 10:59
  Speaker 1: was closed from the public, the prosecution and defense discussed
• 11:03
  Speaker 1: DNA evidence. The defense was expected to call two witnesses,
• 11:07
  Speaker 1: genealogist expert Leah Larkin and forensic DNA consultant Bicca Barlow.
• 11:12
  Speaker 1: A date for the trial has not yet been set.
• 11:15
  Speaker 1: During a hearing on June 27th, the judge will decide
• 11:18
  Speaker 1: whether whether to move the trial to a different venue
• 11:20
  Speaker 1: to ensure a fair trial. And as we said in
• 11:22
  Speaker 1: the earlier article, that has already been postponed now. So
• 11:27
  Speaker 1: another postponed hearing. The prosecution has been vocal about their
• 11:31
  Speaker 1: opposition to a change in location while the defense is
• 11:34
  Speaker 1: conducting phone surveys of potential jurors in the area. And
• 11:39
  Speaker 1: I don't think they're going to get this change of venue.
• 11:41
  Speaker 1: But you know what? Maybe that's going to be a
• 11:43
  Speaker 1: sanction if they are slow walking the discovery. So like usual,
• 11:46
  Speaker 1: we'll keep an eye on what's going on. And when
• 11:48
  Speaker 1: we have some more information and we have some updates,
• 11:51
  Speaker 1: we'll get it added to the catalog. All of the
• 11:53
  Speaker 1: information that goes with this episode can be found in
• 11:56
  Speaker 1: the description box. What's up, everyone, and welcome back to
• 12:00
  Speaker 1: the program. Prosecutors in Moscow have decided that they're targeting
• 12:06
  Speaker 1: this summer for Brian Koberger's trial to kick off and
• 12:10
  Speaker 1: get underway. And when this trial was originally delayed, that's
• 12:14
  Speaker 1: what I said to you folks then. That, to me,
• 12:18
  Speaker 1: the summer would be the perfect time to have this trial.
• 12:21
  Speaker 1: And there's a whole litany of reasons why. You have
• 12:24
  Speaker 1: school that's out. You know, there's a bunch of different
• 12:26
  Speaker 1: reasons why the summer just seemed like the best time
• 12:30
  Speaker 1: for this trial to occur. And it looks like the
• 12:33
  Speaker 1: prosecution agrees. So what we're going to do today is
• 12:36
  Speaker 1: we're going to talk about this decision by the prosecution.
• 12:39
  Speaker 1: to try to get this trial scheduled for the summer.
• 12:42
  Speaker 1: And before we dive into the article, we're going to
• 12:44
  Speaker 1: go over the order itself. And the order is pretty short.
• 12:48
  Speaker 1: So let's just get started. Case number CR 29-22-2805. Motion
• 12:56
  Speaker 1: for scheduling order. State of Idaho plaintiff. First Brian C. Koberger,
• 13:00
  Speaker 1: the defendant. Comes now. The state of Idaho by and
• 13:05
  Speaker 1: through the Latah County prosecuting attorney and respectfully moves the
• 13:09
  Speaker 1: court for a scheduling order addressing, without limitation, the following. 1.
• 13:14
  Speaker 1: Scheduling a trial jury to run for approximately six weeks,
• 13:18
  Speaker 1: including penalty phase. The state proposes that the court schedule
• 13:22
  Speaker 1: trial for the summer of 2024, and that the trial
• 13:26
  Speaker 1: dates avoid times when Moscow High School and our area
• 13:29
  Speaker 1: universities are in session. As the court is aware, Moscow
• 13:34
  Speaker 1: High School is directly adjacent to the courthouse, and already
• 13:37
  Speaker 1: the significantly increased amount of media attention and other vehicles
• 13:41
  Speaker 1: related to this case has strained available parking, as well
• 13:45
  Speaker 1: as safety and convenience for pedestrians, including students. The court
• 13:50
  Speaker 1: is also aware that when the local universities are in session,
• 13:54
  Speaker 1: it is not infrequent for area lodging to become unavailable
• 13:57
  Speaker 1: due to university-related activities such as sporting events, graduation, etc.
• 14:03
  Speaker 1: The state also requests that the court set a daily
• 14:06
  Speaker 1: trial schedule of 8.30 a.m. to approximately 3 p.m. for
• 14:10
  Speaker 1: a trial of this length. It is appropriate to afford
• 14:13
  Speaker 1: jurors some amount of time to tend to their personal affairs. Additionally,
• 14:18
  Speaker 1: having more time in the afternoon allows for better preparation
• 14:21
  Speaker 1: by the parties and allows for reasonable opportunities and time
• 14:25
  Speaker 1: for the court and counsel to address any motions or
• 14:28
  Speaker 1: other matters that routinely arise during the course of jury trials.
• 14:33
  Speaker 1: In the state's experience, this type of daily trial is
• 14:36
  Speaker 1: typically appreciated by jurors as well as the court staff
• 14:40
  Speaker 1: and counsel. 2. Deadlines for completion of discovery for both
• 14:44
  Speaker 1: the state and defense. 3. Deadlines for both parties to
• 14:48
  Speaker 1: make expert disclosures pursuant to I.C.R. 16B, 7, and C. 4. 4.
• 14:56
  Speaker 1: Deadlines for filing of pretrial motions and responses and replies thereto,
• 15:01
  Speaker 1: including but not limited to motions in Lameen, motions relating
• 15:05
  Speaker 1: to the death penalty, and any motions under I.C.R. 12b. 5.
• 15:11
  Speaker 1: Deadlines for jury questionnaire proposals. 6. Deadlines for proposed jury instructions. 7.
• 15:18
  Speaker 1: Deadlines for proposed witness pursuant to I.C.R. 16b. 6 and C. 3. 8.
• 15:25
  Speaker 1: Deadlines for Rules 404B notices. 9. Dates for pretrial motions
• 15:31
  Speaker 1: to be heard. 10. Any other matters to facilitate the
• 15:34
  Speaker 1: orderly progress of this case toward trial. The state notes
• 15:38
  Speaker 1: that in this court's August 22, 2023 scheduling order, the
• 15:43
  Speaker 1: court set a date certain for sentencing disclosures, including witnesses, exhibits,
• 15:48
  Speaker 1: expert reports, and any other evidence. The state requests that
• 15:52
  Speaker 1: the court approve allow the parties further opportunity to supplement
• 15:55
  Speaker 1: their disclosures following receipt and review of the opposing party's
• 16:00
  Speaker 1: initial disclosures. The court's August 22, 2023 scheduling order also
• 16:06
  Speaker 1: directed the submission of trial exhibits and names of witnesses.
• 16:10
  Speaker 1: The state again requests that the court afford the parties
• 16:13
  Speaker 1: the opportunity to supplement those responses after they've had the
• 16:17
  Speaker 1: opportunity to review and consider the initial submissions of the
• 16:21
  Speaker 1: other party. In its August 22, 2023 scheduling order, the
• 16:26
  Speaker 1: court afforded the defendant an additional opportunity to provide notice
• 16:30
  Speaker 1: of alibi in accordance with court rule and statute. The
• 16:34
  Speaker 1: state submits that the defendant has already been afforded this
• 16:37
  Speaker 1: opportunity and the court heard argument on the motions relating
• 16:40
  Speaker 1: to such. The state submits the opportunity for the defendant
• 16:44
  Speaker 1: to disclose an alibi and notify the state of the
• 16:47
  Speaker 1: same has passed and asks the court not to reopen
• 16:50
  Speaker 1: the issue. If it would help in identifying dates and scheduling,
• 16:54
  Speaker 1: the state would recommend that the court schedule a status
• 16:57
  Speaker 1: conference on the record for the purpose of scheduling. Respectfully
• 17:01
  Speaker 1: submitted this 21st day of December, 2023, and it was
• 17:05
  Speaker 1: signed by Ashley Jennings. All right, now that we have
• 17:08
  Speaker 1: the order established, let's dive into this article from The
• 17:11
  Speaker 1: Independent and let's see what they have for us. Headline,
• 17:15
  Speaker 1: Idaho prosecutors seek new trial date for accused killer Brian Koberger.
• 17:19
  Speaker 1: This article was authored by Rachel Sharp. Prosecutors in Idaho
• 17:24
  Speaker 1: are seeking a new trial date for Brian Koberger, the
• 17:27
  Speaker 1: man accused of breaking into an off-campus home in Moscow
• 17:31
  Speaker 1: and stabbing four University of Idaho students to death. In
• 17:35
  Speaker 1: a new court filing on Thursday, Latah County prosecutors asked
• 17:39
  Speaker 1: Judge John Judge to schedule the high-profile murder trial for
• 17:43
  Speaker 1: summer of 2024 in a bid to avoid times when
• 17:47
  Speaker 1: university and high school students are in the swing of
• 17:50
  Speaker 1: the academic year. And I always thought that the summer
• 17:53
  Speaker 1: would be the perfect time for this trial. And it
• 17:56
  Speaker 1: looks like that's the way it's going to end up.
• 17:59
  Speaker 1: I mean, you don't have to be a genius to
• 18:01
  Speaker 1: figure that out, right? When you look at all of
• 18:03
  Speaker 1: the other circumstances surrounding the trial, all of the publicity
• 18:08
  Speaker 1: and the fact that school's in session when it's not summer,
• 18:12
  Speaker 1: it just made a lot of sense to me that
• 18:14
  Speaker 1: this would be a summer trial. And if that's the case,
• 18:17
  Speaker 1: we're going to have this trial basically running like concurrently
• 18:21
  Speaker 1: So it's going to be a pretty busy time up
• 18:23
  Speaker 1: in Idaho. As the court is aware, Moscow High School
• 18:27
  Speaker 1: is directly adjacent to the courthouse premises, and already the
• 18:30
  Speaker 1: significant increased amount of media and other vehicles related to
• 18:34
  Speaker 1: this case has strained available parking, as well as safety
• 18:38
  Speaker 1: and convenience for pedestrians, including students. No specific date was
• 18:43
  Speaker 1: recommended in the court filing. However, the University of Idaho's
• 18:47
  Speaker 1: spring commencement, which closes out the semester, is scheduled for
• 18:51
  Speaker 1: May 11th, 2024. And Moscow high school's classes end the
• 18:56
  Speaker 1: first week of June. So I always thought that it
• 18:59
  Speaker 1: would be a late June, early July type of trial.
• 19:02
  Speaker 1: It just makes the most sense. And now it looks
• 19:05
  Speaker 1: like that's exactly what's going to happen. I think at
• 19:08
  Speaker 1: this point, it's all about locking in the dates, right?
• 19:11
  Speaker 1: Because we know it's going to be a summer trial.
• 19:13
  Speaker 1: or at the very least looks like it's going to
• 19:15
  Speaker 1: be a summer trial. So all we're wondering now is
• 19:18
  Speaker 1: when that's going to occur. Is it going to be
• 19:21
  Speaker 1: late June, early July, end of July, whatever? But in
• 19:26
  Speaker 1: my opinion, I don't think that we're going to go
• 19:29
  Speaker 1: much further than the summer before Brian Koberger is on trial.
• 19:35
  Speaker 1: In the filing, the state is also asking the judge
• 19:37
  Speaker 1: to set deadlines for the prosecution and the defense to
• 19:40
  Speaker 1: turn over all discovery in the case. to disclose any
• 19:43
  Speaker 1: expert witnesses who will be called to testify at trial
• 19:47
  Speaker 1: and to file any pre-trial motions, including motions about the
• 19:50
  Speaker 1: death penalty. Deadlines for jury questionnaire proposals, jury instructions, proposed witnesses,
• 19:56
  Speaker 1: and any other matters are also being sought. Once this
• 20:00
  Speaker 1: trial date gets set, then the reality is going to
• 20:03
  Speaker 1: really start setting in, that Brian Koberger is on a
• 20:07
  Speaker 1: collision course with justice. And I know it feels like
• 20:10
  Speaker 1: we've taken the scenic route to get here, but this
• 20:13
  Speaker 1: is how justice works. It's slow, and the gears, they
• 20:17
  Speaker 1: grind at an almost-snells pace. In calling for a trial date,
• 20:22
  Speaker 1: prosecutors argue that former Washington State University student Mr. Koberger
• 20:27
  Speaker 1: has had enough time to offer up an alibi for
• 20:29
  Speaker 1: the night of the murders, and so the matter should
• 20:32
  Speaker 1: be closed. There's no doubt this man has had ample
• 20:35
  Speaker 1: time to turn over his information about an alibi. And
• 20:41
  Speaker 1: I'm on the record saying, previously, I don't believe he
• 20:43
  Speaker 1: has one. I don't think we're going to get any
• 20:45
  Speaker 1: kind of alibi that's corroborated by anybody else. If he
• 20:50
  Speaker 1: had that, don't you think we'd see it already? Back
• 20:53
  Speaker 1: in August, the accused killer finally provided a vague alibi,
• 20:56
  Speaker 1: claiming he was driving around late at night on November
• 21:00
  Speaker 1: 12th and into the early hours of November 13th when
• 21:03
  Speaker 1: the killings took place. Oh yeah, I'm sure you were
• 21:06
  Speaker 1: out having a nice meander. Give me a break with
• 21:09
  Speaker 1: the stupid ass I was out having a drive shit.
• 21:11
  Speaker 1: Nobody's buying that. However, he admits that there are no
• 21:16
  Speaker 1: witnesses to back up his version of the events. The
• 21:19
  Speaker 1: trial is expected to last around six weeks, with the
• 21:22
  Speaker 1: state requesting that trial days run from 8.30 a.m. to
• 21:26
  Speaker 1: around 3 p.m. each day to allow jurors time to
• 21:30
  Speaker 1: see to their personal affairs. Prosecutors are asking the judge
• 21:34
  Speaker 1: to arrange a status conference so that the trial date
• 21:37
  Speaker 1: can be scheduled. Mr. Koberger's legal team has not yet
• 21:41
  Speaker 1: responded to the filing. His trial was originally due to
• 21:45
  Speaker 1: start on October 2, 2024, but was delayed indefinitely in
• 21:49
  Speaker 1: August when the accused killer abruptly waived his right to
• 21:53
  Speaker 1: a speedy trial. Last week, the judge threw out Mr.
• 21:56
  Speaker 1: Koberger's second bid to have his indictment dismissed. The 29-year-old
• 22:01
  Speaker 1: is facing the death penalty over the brutal murders of
• 22:04
  Speaker 1: the four University of Idaho students, Madison Mogan, Kaylee Gonsalves,
• 22:09
  Speaker 1: Zanna Kernodle, and Ethan Chapin. In the early hours of
• 22:13
  Speaker 1: November 13th, he is accused of breaking into an off-campus
• 22:17
  Speaker 1: student home on King Road in Moscow and stabbing the
• 22:20
  Speaker 1: four students to death with a large military-style knife. Two
• 22:25
  Speaker 1: other female roommates, lived with the three women at the
• 22:28
  Speaker 1: property and were home at the time of the massacre,
• 22:31
  Speaker 1: but they survived. One of the survivors, Dylan Mortensen, came
• 22:35
  Speaker 1: face to face with the mass killer, dressed in head
• 22:37
  Speaker 1: to toe black and with bushy eyebrows as he left
• 22:41
  Speaker 1: the home in the aftermath of the murders, according to
• 22:44
  Speaker 1: the criminal affidavit. And they're going to use that testimony
• 22:48
  Speaker 1: at the trial. Of course, she didn't see Brian Kohlberger's
• 22:51
  Speaker 1: face if it was Brian Kohlberger in the first place,
• 22:55
  Speaker 1: but she saw a likeness that matches Brian Kohlberger's likeness.
• 23:00
  Speaker 1: The bushy eyebrows, same kind of build, all the other stuff.
• 23:04
  Speaker 1: So again, that goes into the circumstantial pile. But when
• 23:07
  Speaker 1: you add everything up into its totality, it looks all
• 23:10
  Speaker 1: bad for Brian Kohlberger. For more than six weeks, the
• 23:14
  Speaker 1: college town of Moscow was plunged into the fear as
• 23:17
  Speaker 1: the accused killer remained at large with no arrests made
• 23:20
  Speaker 1: and no suspects named. Then, on December 30th, law enforcement
• 23:25
  Speaker 1: suddenly swooped on Mr. Kohlberger's family home in Albrightville, Pennsylvania,
• 23:30
  Speaker 1: and arrested him for the quadruple murders. Investigators said he
• 23:34
  Speaker 1: was tied to the murders through his DNA that was
• 23:36
  Speaker 1: found on a knife sheath on the bed next to
• 23:39
  Speaker 1: Mogan's butchered body. The motive remains unknown, and it's still
• 23:43
  Speaker 1: unclear what connection the WSU PhD student had to the
• 23:48
  Speaker 1: University of Idaho students, if any, prior to the murders.
• 23:52
  Speaker 1: The murder weapon, a fixed blade knife, has never been found.
• 23:57
  Speaker 1: And we know that there's a lot of rumors out
• 23:58
  Speaker 1: there that Brian Koberger was stalking at least one of
• 24:03
  Speaker 1: these victims. My opinion, it was Madison Mogan, but we
• 24:07
  Speaker 1: don't have confirmation one way or the other. All we
• 24:09
  Speaker 1: have is opinion, right? Speculation. But when you look at
• 24:14
  Speaker 1: all of the information that we do know, seems to
• 24:17
  Speaker 1: me that the likely target was Madison Mogan and Brian
• 24:20
  Speaker 1: Koberger probably got his first glimpse of her while she
• 24:25
  Speaker 1: was working at the Mad Greek. That has always been
• 24:28
  Speaker 1: my speculation, and I remain on that course. As a
• 24:33
  Speaker 1: criminal justice Ph.D. student at WSU, Mr. Koberger lived just
• 24:37
  Speaker 1: 15 minutes from the victims over the Idaho-Washington border in Pullman.
• 24:42
  Speaker 1: He had moved there from Pennsylvania and began his studies
• 24:45
  Speaker 1: there that summer, having just completed his first semester before
• 24:49
  Speaker 1: his arrest. Before this, he studied criminology at DeSalas University
• 24:54
  Speaker 1: under renowned forensic psychologist Catherine Ramsland, who interviewed the BTK
• 24:59
  Speaker 1: serial killer and co-wrote the book Confession of a Serial Killer,
• 25:03
  Speaker 1: the untold story of Dennis Rader, the BTK killer, with him.
• 25:08
  Speaker 1: He also carried out a research project to understand how
• 25:11
  Speaker 1: emotions and psychological traits influence decision-making when committing a crime.
• 25:16
  Speaker 1: Now the student home where the murders took place is
• 25:19
  Speaker 1: scheduled for demolition next week, a decision that has divided
• 25:23
  Speaker 1: the families of the victims. So I'm not going to
• 25:27
  Speaker 1: rehash the whole demolition angle. I think I've made myself
• 25:31
  Speaker 1: pretty clear where I stand. But as far as the
• 25:33
  Speaker 1: trial being scheduled in the summer, I think that's the
• 25:36
  Speaker 1: right thing to do. I think that's the best way
• 25:38
  Speaker 1: to expedite justice. And I think it's the best way
• 25:41
  Speaker 1: to go for everybody involved. So we'll see what happens here.
• 25:44
  Speaker 1: We'll see what dates are eventually decided upon. And once
• 25:48
  Speaker 1: we have more information, obviously, we'll get it added to
• 25:51
  Speaker 1: the catalog. All of the information that goes with this
• 25:54
  Speaker 1: episode can be found in the description box. What's up, everyone,
• 25:59
  Speaker 1: and welcome back to the program. In this episode, we're
• 26:02
  Speaker 1: going to spin up the Moscow, and we're going to
• 26:04
  Speaker 1: get an update on what's going on with Brian Koberger
• 26:07
  Speaker 1: and his court appearance that's scheduled for today. Now, the
• 26:11
  Speaker 1: big argument right now has to do with Brian Koberger's
• 26:14
  Speaker 1: attire that he's wearing to these hearings. His team thinks
• 26:18
  Speaker 1: that he should be wearing street clothes, while the prosecutors
• 26:21
  Speaker 1: say he should be wearing a jumpsuit. Now, I'm of
• 26:25
  Speaker 1: the mind that until you're proven guilty, that you should
• 26:28
  Speaker 1: be able to wear street clothes to court, because at
• 26:30
  Speaker 1: that point, you're not considered guilty yet, right? So I
• 26:33
  Speaker 1: think that it could give the wrong idea to people
• 26:36
  Speaker 1: if you're brought out, shackled, and in a jumpsuit. So
• 26:41
  Speaker 1: I completely understand what Koberger's team's trying to do here,
• 26:44
  Speaker 1: as they're trying to change the narrative, and hopefully get
• 26:47
  Speaker 1: the public opinion on their side. This is what they
• 26:50
  Speaker 1: should be doing. So we have an article from Daily
• 26:52
  Speaker 1: Mail talking about this, but before we get into the article,
• 26:56
  Speaker 1: why don't we take a look at the actual motion itself.
• 27:00
  Speaker 1: Case number, CR01-24-31-665. State of Idaho plaintiff versus Brian C. Koberger,
• 27:10
  Speaker 1: the defendant. Motion for defendant to wear street clothing to
• 27:14
  Speaker 1: all public hearings. Comes now, Brian C. Koberger by and
• 27:17
  Speaker 1: through his attorneys of record, and hereby requests this court
• 27:20
  Speaker 1: to provide an order for Mr. Koberger to attend all
• 27:23
  Speaker 1: public hearings in street clothing. This motion is based on
• 27:27
  Speaker 1: the 5th, 6th, 8th, and 14th Amendment to the United
• 27:30
  Speaker 1: States Constitution and Article 1, Section 1, 6, 7, and
• 27:34
  Speaker 1: 13 of the Idaho Constitution. This request is owing to
• 27:38
  Speaker 1: the public nature of the case and vast dissemination of
• 27:41
  Speaker 1: images of Mr. Koberger. The United States Supreme Court and
• 27:45
  Speaker 1: Estelle Corrections Director v. Williams 425 U.S. 501 1976 recognized
• 27:52
  Speaker 1: that causing a person to appear in front of his
• 27:54
  Speaker 1: or her jury in jail clothing would impact the presumption
• 27:57
  Speaker 1: of innocence. Mr. Koberger respectfully requests all public hearings be
• 28:01
  Speaker 1: considered prejudicial similarly. In the years that have passed since
• 28:06
  Speaker 1: the Estelle case was decided, technology has changed public access
• 28:10
  Speaker 1: to the accused. The public has the ability to attend
• 28:13
  Speaker 1: public hearings through live stream hearings. Potential jurors are exposed
• 28:17
  Speaker 1: to every hearing. Mr. Koberger, having been recently granted a
• 28:21
  Speaker 1: change of venue due to the ongoing vast and prejudicial
• 28:24
  Speaker 1: pretrial publicity, recognizes the continued media coverage may impact his
• 28:29
  Speaker 1: right to a fair and partial jury. As such, avoiding
• 28:33
  Speaker 1: coverage in jail clothing is one thing that can reduce prejudice.
• 28:37
  Speaker 1: During the short time between Mr. Kohlberger's transport to Ada
• 28:40
  Speaker 1: County and the drafting of this motion, Mr. Kohlberger's defense
• 28:43
  Speaker 1: team is aware of at least 900 media stories, many
• 28:47
  Speaker 1: of which have focused on Mr. Kohlberger's recent booking photo
• 28:50
  Speaker 1: depicting facial hair. As was placed in the record at
• 28:53
  Speaker 1: the hearing to change venue, expert testimony in that public
• 28:57
  Speaker 1: interest will not wane. This testimony continues to be accurate
• 29:01
  Speaker 1: given the extensive nature of media coverage in the immediate
• 29:04
  Speaker 1: past five days. Much of the media coverage and social
• 29:07
  Speaker 1: media posts focus on Mr. Kohlberger's appearance. Authorizing Mr. Kohlberger
• 29:11
  Speaker 1: to wear street clothing to all public hearings is one
• 29:14
  Speaker 1: way to reduce potential for prejudice. Counsel for Mr. Kohlberger
• 29:19
  Speaker 1: has had the opportunity to speak with the Ada County
• 29:21
  Speaker 1: Sheriff Command staff about street clothing for hearings, and they
• 29:25
  Speaker 1: are able to accommodate this request if so ordered by
• 29:27
  Speaker 1: the court. This was dated on September 20th, and it
• 29:32
  Speaker 1: was signed by Ann Taylor. All right. So that's the
• 29:35
  Speaker 1: actual motion. Now we're going to dive into this article
• 29:38
  Speaker 1: from the Daily Mail. and add a little meat to
• 29:40
  Speaker 1: the bone. Headline, Brian Kohlberger is slammed for new request
• 29:45
  Speaker 1: in court. I want to look my best. This article
• 29:48
  Speaker 1: was authored by Alex Hammer. Brian Kohlberger's defense has asked
• 29:53
  Speaker 1: to be allowed to ditch the prison gear and wear
• 29:56
  Speaker 1: a suit and tie at his upcoming court appearance. And
• 29:59
  Speaker 1: that's today, by the way, Thursday. So obviously after he
• 30:02
  Speaker 1: goes to court and after we get some more information,
• 30:06
  Speaker 1: we'll definitely update the catalog. Families of the four students
• 30:09
  Speaker 1: who were brutally killed have opposed the allowance with one
• 30:12
  Speaker 1: mom saying it makes her sick to see the man
• 30:14
  Speaker 1: accused of murdering her daughter all dapper, dressed up, and
• 30:18
  Speaker 1: in a fresh haircut. And I understand 1000%. I'd probably
• 30:23
  Speaker 1: feel the same way. If it was my daughter who
• 30:25
  Speaker 1: was killed, I'd be pissed. I'd be looking for justice, right?
• 30:29
  Speaker 1: Not for somebody to show up with a fresh new
• 30:32
  Speaker 1: fit and a new cut. But he's not guilty yet.
• 30:36
  Speaker 1: And we have to keep that in mind. I know
• 30:38
  Speaker 1: that I say that the evidence against him is strong
• 30:40
  Speaker 1: as hell, and I believe that. But that doesn't make
• 30:43
  Speaker 1: him guilty. We have to wait for the whole process
• 30:45
  Speaker 1: to play itself out. We have to wait for the trial, obviously.
• 30:49
  Speaker 1: We have to wait for all of the evidence to
• 30:50
  Speaker 1: be turned over and to be shown to us. Because
• 30:54
  Speaker 1: as of now... All we have are accusations. Sure, the
• 30:57
  Speaker 1: evidence is strong, but that doesn't make him guilty. So,
• 31:01
  Speaker 1: in my opinion, until you're guilty, you should be wearing
• 31:04
  Speaker 1: street clothes to whatever sort of hearing you go to.
• 31:07
  Speaker 1: The suspect in the 2022 stabbing deaths of University of
• 31:10
  Speaker 1: Idaho students will appear in court later this week after
• 31:13
  Speaker 1: repeatedly donning professional attire at pretrial court proceedings. And again,
• 31:18
  Speaker 1: today is the day that he is going to be
• 31:21
  Speaker 1: at court. And it's going to be his first appearance
• 31:23
  Speaker 1: in front of the new judge, Stephen Hippler. So very
• 31:26
  Speaker 1: interested to see how this all breaks today. And we
• 31:28
  Speaker 1: know that Judge Judge was willing to give Brian Koberger
• 31:32
  Speaker 1: and the defense a lot of rope. I wonder if
• 31:34
  Speaker 1: Judge Hippler is going to do the same thing. The
• 31:38
  Speaker 1: last time he wore a jail garb was at his
• 31:40
  Speaker 1: arraignment in May of 2023. In a motion filed Friday,
• 31:44
  Speaker 1: Koberger's attorney formally requested he continue to be permitted to
• 31:48
  Speaker 1: avoid wearing jail clothing in the public eye. During the
• 31:51
  Speaker 1: short time between Kohlberger's transport to Ada County and the
• 31:54
  Speaker 1: drafting of this motion, Kohlberger's defense team is aware of
• 31:58
  Speaker 1: at least 900 media stories which have focused on Kohlberger's
• 32:01
  Speaker 1: recent booking photo depicting facial hair. A section reads, And
• 32:05
  Speaker 1: I saw those stories, obviously, and I didn't feel like
• 32:08
  Speaker 1: it was worthy of adding it to the catalog. Why
• 32:11
  Speaker 1: should I care that Brian Kohlberger has facial hair? Means
• 32:14
  Speaker 1: nothing to me or the story overall. And when I'm
• 32:17
  Speaker 1: selecting these stories to share with you, I try to
• 32:19
  Speaker 1: pick stories that I feel are going to be beneficial
• 32:22
  Speaker 1: as far as understanding the story overall, not just adding
• 32:26
  Speaker 1: salacious nonsense that you can find yourself on Twitter. I mean,
• 32:29
  Speaker 1: there's a whole bunch of that if that's what you're
• 32:31
  Speaker 1: looking for. Me, I prefer to dig into the details
• 32:34
  Speaker 1: and do it in a long form conversation kind of
• 32:37
  Speaker 1: way where we're talking about the case each and every day,
• 32:40
  Speaker 1: especially when we're talking about expansive cases such as Brian Koberger.
• 32:45
  Speaker 1: I mean, we're talking about a lot of details, a
• 32:47
  Speaker 1: lot of evidence. Not the kind of case you can
• 32:49
  Speaker 1: cover one day and have a handle on it, right?
• 32:52
  Speaker 1: So there's a lot of context that has to be added.
• 32:55
  Speaker 1: And as we continue to move closer to the trial,
• 32:58
  Speaker 1: we're going to start to get the full picture in HD.
• 33:01
  Speaker 1: But as of now, still some jumbles, right? And still
• 33:04
  Speaker 1: a whole bunch of obstacles that have to be navigated
• 33:08
  Speaker 1: on our way to the truth. But for me, I
• 33:10
  Speaker 1: don't feel like it's beneficial to talk about that kind
• 33:12
  Speaker 1: of nonsense. Why do I care about his mugshot? Why
• 33:15
  Speaker 1: do I care that Brian Koberger has a mustache? Why
• 33:19
  Speaker 1: do you care? And in my opinion, considering the feedback
• 33:22
  Speaker 1: I get from a lot of you, you don't care
• 33:24
  Speaker 1: about that nonsense. So I'll leave the aesthetics and salaciousness
• 33:27
  Speaker 1: for other people. We're going to continue to dig into
• 33:30
  Speaker 1: the facts and try to get to the root of
• 33:32
  Speaker 1: the issue. As was placed in the record at the
• 33:35
  Speaker 1: hearing of Change of Venue, expert testimony is that public
• 33:39
  Speaker 1: interest will not wane. This testimony continues to be accurate
• 33:43
  Speaker 1: given the extensive nature of the media coverage in the
• 33:45
  Speaker 1: immediate past five days. Look, there is no doubt this
• 33:49
  Speaker 1: interest isn't going anywhere. People are very interested in what's
• 33:53
  Speaker 1: going on with this case. People want to know if
• 33:55
  Speaker 1: Brian Kohlberger is the man that the government's telling us
• 33:58
  Speaker 1: he is. And of course, the families, well, the families
• 34:01
  Speaker 1: want justice. And unfortunately, the way our system's set up,
• 34:05
  Speaker 1: the gears of justice grind slowly. So if you're a
• 34:08
  Speaker 1: victim or the family of a victim, a lot of
• 34:10
  Speaker 1: times there's a long wait between the actual event taking
• 34:14
  Speaker 1: place that changes your life up until the time where
• 34:18
  Speaker 1: you and your family finally get the sweet taste of
• 34:20
  Speaker 1: some justice. And you can add time to that whenever
• 34:23
  Speaker 1: you're talking about a complex case that has to do
• 34:25
  Speaker 1: with capital punishment. Much of the media coverage and social
• 34:29
  Speaker 1: media posts focus on Kohlberger's appearance. The documented demand continues.
• 34:35
  Speaker 1: Authorizing Kohlberger to wear street clothing to all public hearings
• 34:38
  Speaker 1: is one way to reduce potential for prejudice. The term
• 34:42
  Speaker 1: street clothes refers to suits in lieu of the traditional
• 34:45
  Speaker 1: jail jumpsuits. This request is owing to the public nature
• 34:49
  Speaker 1: of the case and vast dissemination of images of Mr. Kohlberger.
• 34:53
  Speaker 1: Ann Taylor, Kohlberger's lead attorney, wrote at one point, As such,
• 34:57
  Speaker 1: avoiding coverage in jail clothing is one thing that can
• 35:00
  Speaker 1: reduce prejudice. Suits for pretrial proceedings are typically in the
• 35:03
  Speaker 1: hands of the judge, a state court spokesperson confirmed. The
• 35:07
  Speaker 1: family of victim Kaylee Gonsalves, who was 21 when she
• 35:10
  Speaker 1: was killed, have publicly opposed the exemption that's allowed their
• 35:14
  Speaker 1: daughter's suspected killer to dress up in the past. And again, look,
• 35:17
  Speaker 1: I'm not going to criticize the Gonsalves family. These are
• 35:20
  Speaker 1: people that are going through it. And I see some
• 35:22
  Speaker 1: of the things that people say about them, and it
• 35:25
  Speaker 1: just blows me away. Like, have a little compassion. You
• 35:29
  Speaker 1: can be critical of the way that they conduct themselves
• 35:32
  Speaker 1: without being an asshole, right? But people don't know how
• 35:35
  Speaker 1: to do that. People don't know how to be critical
• 35:38
  Speaker 1: without being a dick. And it shows. All you have
• 35:41
  Speaker 1: to do is take a look at some of these
• 35:42
  Speaker 1: posts that people make about the Gonsalves family. I mean,
• 35:46
  Speaker 1: these people lost their daughter all these years later, and
• 35:49
  Speaker 1: they're still waiting for justice. You see the guy that
• 35:51
  Speaker 1: the government tells you is the person responsible running around
• 35:55
  Speaker 1: dressed like he's in a Calvin Klein ad. You're not
• 35:57
  Speaker 1: going to be pissed. I know I would be. So
• 36:00
  Speaker 1: it's all about context, right? And the context for the
• 36:03
  Speaker 1: Gonsalves family is most certainly different than it is for
• 36:06
  Speaker 1: the rest of us. No matter how invested you are
• 36:08
  Speaker 1: in this case, you'll never be as invested as Kaylee's parents.
• 36:12
  Speaker 1: Makes me sick that he sits there in his suit
• 36:14
  Speaker 1: and all dressed up in a fresh haircut. Christy Gonsalves,
• 36:17
  Speaker 1: her mother told News Nation in 2023. The Ada County
• 36:21
  Speaker 1: Sheriff's Office, which manages the Ada County Jail where Kohlberger
• 36:25
  Speaker 1: is being kept, does not offer clothing other than jail
• 36:28
  Speaker 1: attire for court appearances, a Sheriff's Office spokesperson told the
• 36:32
  Speaker 1: Seattle Times. And while the case is now under a
• 36:35
  Speaker 1: new judge in the county, it's likely the exceptions will continue,
• 36:39
  Speaker 1: the rep said. Kohlberger will appear at a status conference
• 36:42
  Speaker 1: in Boise on Thursday, and the hearing will be live-streamed
• 36:46
  Speaker 1: on YouTube. And we're definitely going to keep an eye
• 36:48
  Speaker 1: on this. And when we get some more information, As
• 36:51
  Speaker 1: far as what goes down at this hearing today in
• 36:53
  Speaker 1: front of Judge Hippler, we'll get it added to the catalog.
• 36:57
  Speaker 1: Prosecutors maintain the killer left the military knife sheath behind
• 37:01
  Speaker 1: that it was found next to one of the victim's
• 37:03
  Speaker 1: bodies on the third floor of the student home. DNA
• 37:06
  Speaker 1: allegedly present on the sheath was later matched to Koberger,
• 37:10
  Speaker 1: they claimed after the FBI checked the sample against genetic
• 37:13
  Speaker 1: genealogy databases and tipped off local cops. Days after, Koberger
• 37:18
  Speaker 1: was in cuffs. and has remained incarcerated since. After Koberger's
• 37:23
  Speaker 1: arrest on December 30th, it emerged that DNA samples were
• 37:27
  Speaker 1: taken directly from the suspect and came back a more
• 37:30
  Speaker 1: concrete statistical match. How he's going to beat that is
• 37:34
  Speaker 1: beyond me. All this other stuff, the pomp and circumstance,
• 37:37
  Speaker 1: the suits, the rest of it, whatever. But how he's
• 37:40
  Speaker 1: going to beat this DNA on the knife sheath, I
• 37:42
  Speaker 1: would love for somebody to explain that to me like
• 37:45
  Speaker 1: I'm five years old. Because from every angle I look
• 37:48
  Speaker 1: at it, Bro is cooked. And unless there's some kind
• 37:51
  Speaker 1: of prosecutorial misconduct that pops up, I truly have no
• 37:54
  Speaker 1: idea how he's going to defend himself from that DNA evidence.
• 37:59
  Speaker 1: In response, the defense has accused prosecutors of hiding its
• 38:02
  Speaker 1: entire case by trying to keep its method of genetic
• 38:05
  Speaker 1: genealogy under wraps. Koberger, meanwhile, has waived his right to
• 38:09
  Speaker 1: a speedy trial and a trial date has not been set.
• 38:12
  Speaker 1: He's accused of killing not only Kaylee, but her best
• 38:15
  Speaker 1: friend Maddie Mogan, 21, housemate Zanna Kernodle, 20, and Kernodle's
• 38:20
  Speaker 1: boyfriend Ethan Chapin, 20, in their University of Idaho off-campus
• 38:24
  Speaker 1: home on November 13th of 2022. And while we do
• 38:28
  Speaker 1: have a scheduled trial date that's supposed to crack off
• 38:31
  Speaker 1: in June of 2025, that could change. It's all going
• 38:36
  Speaker 1: to depend on Judge Hippler and what his timeline is
• 38:38
  Speaker 1: going to be. So we'll have to say that the
• 38:40
  Speaker 1: trial date as of now is tentative. I do expect
• 38:43
  Speaker 1: it to kick off in June of 2025, but we
• 38:47
  Speaker 1: don't have that confirmation from Judge Hippler yet. And until
• 38:51
  Speaker 1: Judge Hippler says so, then it's certainly up in the air.
• 38:54
  Speaker 1: But if I had to guess, if I was making
• 38:56
  Speaker 1: a wager, I would wager that the trial is going
• 38:59
  Speaker 1: to kick off at the scheduled time. But like usual,
• 39:03
  Speaker 1: there are a lot of twists in the road and
• 39:05
  Speaker 1: there's a lot of things that can happen between now
• 39:08
  Speaker 1: and the time that the trial is supposed to kick off.
• 39:12
  Speaker 1: All right, folks, that's going to do it for this one.
• 39:14
  Speaker 1: All of the information that goes with this episode can
• 39:17
  Speaker 1: be found in the description box.