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Murder In Moscow: The Order Appointing A Lawyer To Defend Bryan Kohberger · Beyond The Horizon

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  Speaker 1: What's up everyone and welcome back to the program. In
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  Speaker 1: this episode, we have another court document dump where we're
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  Speaker 1: going to update the catalog on some of the other
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  Speaker 1: court orders that have already been filed. And to do that,
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  Speaker 1: our first document is the order appointing a public defender.
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  Speaker 1: State of Idaho Plaintiff vs. Brian Koberger. 1630 Northeast Valley Road,
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  Speaker 1: apartment number G201, Pullman, Washington, 99163. The court finds defendant
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  Speaker 1: indigent pursuant to IC 19-852 and 19-854. The public defender
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  Speaker 1: is ordered to represent defendant in all matters pertaining to
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  Speaker 1: this action. Defendant may be required to to reimburse the
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  Speaker 1: county for all or portions of the cost of representation.
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  Speaker 1: Court appointed counsel, Ann Taylor. It is ordered by Megan E. Marshall,
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  Speaker 1: the magistrate judge who is overseeing the case. The next
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  Speaker 1: document we have is the limited notice to appear. State
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  Speaker 1: of Idaho plaintiff versus Brian Koberger, the defendant. Case number?
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  Speaker 1: CR 29-22-2805. This limited notice of appearance comes now, Ann C. Taylor,
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  Speaker 1: public defender, and pursuant to court appointment, hereby appears on
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  Speaker 1: a limited basis until an agreement is reached between Latah County,
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  Speaker 1: Kootenai County, and Ann Taylor for and on behalf of
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  Speaker 1: Brian C. Koberger, the above-named defendant. Notice is given that
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  Speaker 1: the defendant herewith asserts all rights accorded to him or
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  Speaker 1: her under the 5th, 6th, and 14th Amendments to the
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  Speaker 1: Constitution of the United States and under Articles 1 and
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  Speaker 1: 13 of the Constitution of the State of Idaho and
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  Speaker 1: all prophylactic measures imposed upon the state pursuant to said
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  Speaker 1: constitutional provisions, including, but not necessarily limited to, the right
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  Speaker 1: to remain silent and the right to counsel. No agent
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  Speaker 1: of the state or person acting in such capacity is
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  Speaker 1: to question the defendant regarding any act, whether charged or uncharged.
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  Speaker 1: And this was signed by Ann Taylor, the public defender
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  Speaker 1: who is defending Brian Kohlberger in this case. The next
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  Speaker 1: filing we have is the motion to preserve crime scene evidence.
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  Speaker 1: State of Idaho, plaintiff. Brian Kohlberger, defendant. comes now, Brian C. Koberger,
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  Speaker 1: by and through his attorney, Anne C. Taylor, public defender,
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  Speaker 1: and hereby moves this court for an order directing the
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  Speaker 1: Latah County Prosecutor's Office to preserve the crime scene located
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  Speaker 1: at 1122 King Road, Moscow, Idaho, including the home and outbuildings, vehicles,
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  Speaker 1: and curtilage. Further, Mr. Coburger requests the court to order
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  Speaker 1: the Latah County Prosecutor's Office to preserve all evidence in
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  Speaker 1: its custody or under its control or in the control
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  Speaker 1: of their agents. Further, Mr. Coburger requests the court to
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  Speaker 1: order the prosecution to notify defense counsel prior to any
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  Speaker 1: potentially destructive testing and or examinations. This motion is made
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  Speaker 1: so the defense council may take a view of the
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  Speaker 1: scene in order to effectively and constitutionally represent Mr. Koberger
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  Speaker 1: and is made pursuant to Idaho criminal rule 16, the fifth,
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  Speaker 1: the sixth and 14th amendments to the United States constitution
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  Speaker 1: and up on article one, one, 13 and 18 of
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  Speaker 1: the constitution of the state of Idaho. And this order
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  Speaker 1: was also signed by Ann Taylor, public defender. This next
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  Speaker 1: filing is the court ordering the state to preserve that
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  Speaker 1: evidence and preserve the crime scene. State of Idaho, plaintiff.
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  Speaker 1: Brian Koberger, defendant. Case number, CR 29-22-2805. Order to preserve
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  Speaker 1: crime scene and evidence. The court, having before it the
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  Speaker 1: defendant's motion to preserve crime scene and evidence, there being
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  Speaker 1: no objection by the state and good cause appearing, now, therefore,
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  Speaker 1: it is hereby ordered that the crime scene located at
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  Speaker 1: 1122 King Road, Moscow, Idaho, including the home and outbuildings, trailers, vehicles,
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  Speaker 1: and curtilage shall be preserved, which means the house will
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  Speaker 1: be locked, crime tape will remain, on-site police presence is
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  Speaker 1: not required. The crime scene will remain preserved until February 1,
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  Speaker 1: 2023 or until further order of the court. It is
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  Speaker 1: further ordered that all samples and evidence collected or generated
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  Speaker 1: by the state in this matter, including but not limited
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  Speaker 1: to bodily fluids, blood, tissues, notes, slides, photographs, or other
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  Speaker 1: relevant information, be held and preserved by the state for
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  Speaker 1: the defense. It is further ordered that this order shall
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  Speaker 1: remain in effect until further order of this court. So
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  Speaker 1: ordered on the 30th of December at 3.59 p.m. And
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  Speaker 1: this order was also signed by Judge Megan Marshall. This
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  Speaker 1: next filing is the stipulation for the non-dissemination order, meaning
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  Speaker 1: the gag order. State of Idaho plaintiff versus Brian Koberger,
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  Speaker 1: the defendant. Case number CR29-22-2805. Stipulation for non-dissemination order comes now.
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  Speaker 1: Brian C. Kohlberger, by and through his undersigned attorneys, and C. Taylor,
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  Speaker 1: public defender, and J. Weston Logsdon Chief Deputy Litigation and
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  Speaker 1: Latah County Prosecutor William W. Thompson Jr. and hereby stipulate
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  Speaker 1: to the issuance of non-dissemination order prohibiting attorneys, investigators, and
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  Speaker 1: law enforcement personnel from making any extrajudicial statement written or
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  Speaker 1: oral concerning this case other than a quotation, form, or
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  Speaker 1: reference to without comment the public records of the court
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  Speaker 1: in this case. This stipulation is based on the Sixth
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  Speaker 1: Amendment and the defendant and state's interests under both the
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  Speaker 1: Idaho and U.S. Constitution. This court has both a constitutional
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  Speaker 1: duty and an inherent authority to minimize the effects of
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  Speaker 1: prejudicial pretrial publicity and to ensure the facious administration of justice.
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  Speaker 1: As this court is aware, this case involves matters that
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  Speaker 1: have received a great deal of publicity. The United States
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  Speaker 1: Supreme Court has identified non-dissemination orders as being properly, narrowly tailored,
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  Speaker 1: as well as the least restrictive means to ensure a
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  Speaker 1: fair trial in the view of the First Amendment protections. Therefore,
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  Speaker 1: the parties stipulate that a non-dissemination order be issued to
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  Speaker 1: protect against adversely affecting the integrity of the case and
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  Speaker 1: To be presented at trial. And this order was signed by.
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  Speaker 1: Anne C. Taylor. And William Thompson Jr. Who is the prosecutor.
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  Speaker 1: It was signed on January 3rd. Of 2023. This next filing.
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  Speaker 1: Is the actual non-dissemination order. By the court. State of Idaho. Plaintiff.
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  Speaker 1: Versus Brian C. Koberger. The defendant. Case number CR 29-22-2805,
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  Speaker 1: non-dissemination order. The court, by stipulation of the parties, enters
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  Speaker 1: its order as follows. It is hereby ordered that the
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  Speaker 1: parties to the above titled actions, including investigators, law enforcement personnel,
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  Speaker 1: Attorneys and agents for the prosecuting attorney or defense attorney
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  Speaker 1: are prohibited from making extrajudicial statements, written or oral, concerning
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  Speaker 1: this case other than a quotation from or reference to,
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  Speaker 1: without comment, the public records of the case. This order
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  Speaker 1: specifically prohibits any statements which a reasonable person would expect
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  Speaker 1: to be disseminated by means of public communication that relates
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  Speaker 1: to the following. 1. evidence regarding the occurrences or transactions
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  Speaker 1: involved in this case. 2. The character, credibility, or criminal
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  Speaker 1: record of a party. 3. The performance of results of
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  Speaker 1: any examinations or tests or the refusal or failure of
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  Speaker 1: a party to submit to such tests or examinations. 4.
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  Speaker 1: Any opinion as to the merits of the case or
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  Speaker 1: the claims of defense or 5. Any other matter reasonably
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  Speaker 1: likely to interfere with a fair trial of this case,
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  Speaker 1: such as, but not limited to, the existence or contents
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  Speaker 1: of any confession, submission, or statement given by the defendant,
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  Speaker 1: the possibility of a plea of guilt to the defendant.
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  Speaker 1: charged offense or a lesser offense, or any opinion as
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  Speaker 1: to the defendant's guilt or innocence. It is further ordered
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  Speaker 1: that no person covered by this order shall avoid its
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  Speaker 1: proscriptions by actions that indirectly but deliberately cause a violation
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  Speaker 1: of this order. It is further ordered that this order
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  Speaker 1: and all provisions thereof shall remain in full force and
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  Speaker 1: effect throughout these proceedings until such a time as a
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  Speaker 1: verdict has been returned unless modified by this court. So
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  Speaker 1: ordered on the 3rd of January at 4.58 p.m. And
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  Speaker 1: this order was also signed by the judge, Megan Marshall.
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  Speaker 1: All right, folks, that's going to do it for our
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  Speaker 1: second document dump. And in our third, you can expect
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  Speaker 1: the second amended order governing courthouse and courtroom conduct, the
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  Speaker 1: notice of hearing, and an order changing the time of
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  Speaker 1: the preliminary status hearing. And that will be for the
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  Speaker 1: third document dump. And once we have that document dump
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  Speaker 1: uploaded and into the catalog, that third part will be
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  Speaker 1: completely caught up as far as court filings. So I'm
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  Speaker 1: going to stay on top of these court filings like
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  Speaker 1: this and we're going to keep adding them to the
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  Speaker 1: catalog because it's going to be the only way we
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  Speaker 1: can follow along considering they have this gag order. So
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  Speaker 1: you can expect part three early tomorrow morning with tomorrow's updates.
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  Speaker 1: If you'd like to contact me, you can do that
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  Speaker 1: at bobbycapucci at protonmail.com. That's B-O-B-B-Y-C-A-P-U-C-C-I at protonmail.com. You can
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  Speaker 1: also find me on Twitter at B-O-B-B-Y underscore C-A-P-U-C-C-I. The
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  Speaker 1: link that I discussed can be found in the description box.