Latest / Beyond The Horizon / Mega Edition: Bryan Kohberger's Legal Team And The Push To Change The Narrative (9/9/26)

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Mega Edition: Bryan Kohberger's Legal Team And The Push To Change The Narrative (9/9/26) · Beyond The Horizon

0:00
Speaker 1: What's up everyone and welcome back to the program. The
0:04
Speaker 1: state of Idaho turned over all of the DNA evidence
0:08
Speaker 1: to the judge by the deadline. Now the judge has
0:11
Speaker 1: his hands on it and he's going to do a
0:14
Speaker 1: review of all of this information and he's going to
0:17
Speaker 1: make a determination about who's entitled to what according to
0:22
Speaker 1: the statutes of the state of Idaho. Now we know
0:25
Speaker 1: that Brian Koberger's team has went absolutely bananas trying to
0:29
Speaker 1: get this DNA thrown out. And that's because it's the
0:32
Speaker 1: linchpin to everything that's happening here. Without this DNA, their
0:37
Speaker 1: whole entire case would hinge on nothing more than circumstantial evidence.
0:42
Speaker 1: And while the totality of that circumstantial evidence is very strong,
0:46
Speaker 1: without the DNA to glue it all together, you're going
0:50
Speaker 1: to run into problems. And that's why you see this
0:52
Speaker 1: DNA issue being such a contentious one for both sides.
0:56
Speaker 1: For the prosecutors, they understand that everything hinges on this
1:00
Speaker 1: as well. Their whole entire case is basically based on
1:04
Speaker 1: this DNA that was found on the knife sheath. Because
1:08
Speaker 1: without that DNA, obviously, how do they tie Brian Kohlberger
1:12
Speaker 1: to these crimes?
1:13
Speaker 2: They can't.
1:14
Speaker 1: So if you're a juror and Brian Kohlberger's team gets
1:18
Speaker 1: up there and they start, you know, pitching a separate narrative,
1:22
Speaker 1: an alternate narrative, and they have some good evidence to
1:25
Speaker 1: back it up, A juror might bite on that. But
1:28
Speaker 1: when you have the DNA evidence, a lot more difficult
1:32
Speaker 1: to pitch a narrative. Because there is no way to
1:35
Speaker 1: explain that DNA on the knife sheath. So unless you
1:39
Speaker 1: can get that DNA thrown out, you're basically a one-armed
1:43
Speaker 1: man engaging in the 400-meter butterfly against Michael Phelps. That's
1:47
Speaker 1: basically what you're doing here. That's the odds of beating
1:51
Speaker 1: a case when the DNA... And the underlying evidence is
1:55
Speaker 1: as strong as we see here. This is very solid stuff.
1:59
Speaker 1: So that's why you see all of this contention when
2:01
Speaker 1: we're talking about the DNA. And for Koberger's team, they're
2:07
Speaker 1: going to look for any possible way to get it
2:09
Speaker 1: thrown out. Was the chain of custody respected? Are all
2:13
Speaker 1: of the officers who were involved, were they trained correctly?
2:15
Speaker 1: They're going to look for any kind of lifeline that
2:17
Speaker 1: they could possibly throw out there for Brian Koberger. But
2:21
Speaker 1: all of it's basically an exercise in futility, unless, of course,
2:24
Speaker 1: they can get that DNA somehow discounted and thrown out
2:29
Speaker 1: as exculpatory evidence. So in today's episode, we're going to
2:32
Speaker 1: keep the conversation going. And to do that, we have
2:35
Speaker 1: an article from Fox News. But before we dive into
2:38
Speaker 1: that article, we have a very short order that was
2:42
Speaker 1: filed by Judge Judge on the 30th of November. And
2:45
Speaker 1: this order is the notice of in-camera submission. Case number
2:50
Speaker 1: CR 29-22-2805. State of Idaho plaintiff versus Brian Christopher Koberger,
2:57
Speaker 1: the defendant.
2:58
Speaker 2: Comes now.
2:59
Speaker 1: The state of Idaho, by and through the Latah County
3:02
Speaker 1: prosecuting attorney, and hereby gives notice that pursuant to this
3:06
Speaker 1: court's October 25th, 2023 order addressing IgG DNA and order
3:12
Speaker 1: for in-camera review, the state has submitted the IgG information
3:17
Speaker 1: in its possession, custody, or control to the court for
3:21
Speaker 1: in-camera review. This was dated on the 30th of November
3:25
Speaker 1: of 2023, and it was signed by William Thompson. All right,
3:30
Speaker 1: cruising over to Fox News now. Headline, Idaho prosecutors submit
3:34
Speaker 1: disputed Brian Kohlberger DNA evidence to the judge for review.
3:39
Speaker 1: This article was authored by Michael Ruiz. Idaho prosecutors have
3:45
Speaker 1: submitted disputed DNA evidence to the court that student stabbing
3:49
Speaker 1: suspect Brian Kohlberger wants handed over to him as he
3:53
Speaker 1: hopes to beat four first-degree murder charges and the burglary
3:56
Speaker 1: count in the November 2022 massacre in of four university students.
4:02
Speaker 1: And keep in mind, Because this stuff was turned over,
4:05
Speaker 1: that doesn't mean that Kohlberger and his team are definitely
4:08
Speaker 1: going to get a look. Judge Judge is meticulously going
4:10
Speaker 1: to go through this line by line and look at
4:13
Speaker 1: all of this evidence, and then he's going to make
4:15
Speaker 1: that determination. But just because this was submitted doesn't mean
4:19
Speaker 1: that Kohlberger's team is going to.
4:21
Speaker 2: Get all of it.
4:22
Speaker 1: My guess is that Judge Judge will split the baby
4:25
Speaker 1: once again, just like we saw with the cameras.
4:27
Speaker 2: Give both sides a bit of a victory and keep
4:30
Speaker 2: it moving.
4:31
Speaker 1: Prosecutors say that police used investigative genetic genealogy, IgG evidence,
4:37
Speaker 1: to generate leads but not to obtain any warrants in
4:40
Speaker 1: the case. They allegedly confirmed a match between a DNA
4:44
Speaker 1: sample on a knife sheath found at the crime scene
4:47
Speaker 1: to Kohlberger's cheek swab. And remember, they got that cheek
4:50
Speaker 1: swab right at the scene. When Brian Kohlberger was arrested,
4:54
Speaker 1: that was in the warrant, the buccal swab. Now, if
4:57
Speaker 1: you flip the script and you look over at Rex Ureman, Remember,
5:01
Speaker 1: they didn't get a buccal swab from Heuermann until he
5:04
Speaker 1: was in jail already, and they had to get a
5:06
Speaker 1: court order to do so. But the prosecutors here, they
5:10
Speaker 1: knew that they had this genetic information, and they wanted
5:13
Speaker 1: it to pop hot. So once they had Brian Kohlberger,
5:16
Speaker 1: and they had him in their sights, it was a wrap.
5:19
Speaker 1: They were going to get that DNA no matter what,
5:21
Speaker 1: and he couldn't even dispute it. Like, Heuermann tried to
5:24
Speaker 1: dispute it in the courtroom, but the judge told him
5:27
Speaker 1: to pound sand, right? Bro, you're over here under the
5:30
Speaker 1: suspicion of murdering three, possibly four, possibly, who knows, 20 women,
5:36
Speaker 1: you're going to give us that cheek swab. And the
5:38
Speaker 1: idea behind that cheek swab is to get that final
5:41
Speaker 1: confirmation that this is the person that you're looking for.
5:46
Speaker 1: Police recovered a K-Bar knife sheath under the body of
5:49
Speaker 1: 21-year-old Madison Mogan, who they found with stab wounds in
5:53
Speaker 1: an upstairs bedroom alongside her best friend, Kaylee Gonsalves, 21.
5:58
Speaker 1: Their housemate, Zanna Kernodle, 20, and her boyfriend, Ethan Chapin,
6:03
Speaker 1: were also killed. Two other housemates survived, including one who
6:07
Speaker 1: saw a masked man matching Koberger's description walk out the
6:10
Speaker 1: back door, according to court documents. In a filing dated
6:15
Speaker 1: November 30th and released over the weekend, Latah County Prosecutor
6:19
Speaker 1: Bill Thompson wrote that his office had submitted the IGG
6:23
Speaker 1: information in its possession, custody, or control. And of course,
6:27
Speaker 1: they had no other option. This was an order that
6:30
Speaker 1: was put out by the judge. So they could have
6:33
Speaker 1: disputed it. But in a courtroom like life, you have
6:37
Speaker 1: to pick the battles that you're going to wage. And
6:39
Speaker 1: the prosecution knows that even if they get this information,
6:43
Speaker 1: it's not really going to help out Brian Kohlberger when
6:46
Speaker 1: all is said and done. And that's because the evidence
6:49
Speaker 1: is what it is. And unless you can explain that
6:52
Speaker 1: DNA on the knife sheath, the rest of this stuff
6:55
Speaker 1: is just BS. Because that knife sheath and the DNA
6:59
Speaker 1: on that knife sheath, that's where the whole entire case
7:02
Speaker 1: hangs in the balance. The fight over whether IgG evidence
7:07
Speaker 1: should be disclosed has been a sticking point for the
7:09
Speaker 1: defense as it demands more information through the discovery process.
7:14
Speaker 1: Judge John Judge gave Kohlberger's defense a minor victory in October,
7:18
Speaker 1: ordering the prosecution to share the evidence with him for
7:22
Speaker 1: an in-camera review and inspection by the judge done in private.
7:27
Speaker 1: And for my money, I think Judge Judge has done
7:29
Speaker 1: a relatively good job here. He's been able to navigate
7:33
Speaker 1: all of this, and he's been able to keep things
7:36
Speaker 1: rolling at a fairly decent clip. And I think that
7:40
Speaker 1: him ordering this stuff turned over for him to get
7:42
Speaker 1: a look is the right way to go. How's he
7:44
Speaker 1: supposed to know what's going on if he doesn't have
7:46
Speaker 1: a look? And for anybody who's interested in justice... This
7:50
Speaker 1: is the right way to get there. Because remember, we're
7:53
Speaker 1: going to be thinking about an appeal later on if
7:55
Speaker 1: he's convicted, right? So all the steps have to be
7:58
Speaker 1: done in the correct manner. Everything has to be done right.
8:02
Speaker 1: Everything has to be done to ensure that the process
8:05
Speaker 1: is fair. And I think that Judge Judge is doing
8:08
Speaker 1: a great job at exactly that. The state's argument is
8:12
Speaker 1: that the IGG investigation is wholly irrelevant since it was
8:16
Speaker 1: not used in obtaining any warrants and will not.
8:19
Speaker 2: Be used at trial. is well supported.
8:22
Speaker 1: Judge wrote previously, nonetheless, Koberger is entitled to view at
8:26
Speaker 1: least some of the IGG information in preparing for his defense,
8:30
Speaker 1: even if it might ultimately be found to be irrelevant.
8:34
Speaker 2: And again, I agree with Judge Judge here.
8:36
Speaker 1: I like to give these people like Brian Koberger, who
8:39
Speaker 1: are fighting for their life, really, as much room as
8:43
Speaker 1: we possibly can for them to show us that they're
8:46
Speaker 1: not the person that the government's telling us that they are.
8:50
Speaker 1: Who the hell wants the state to put somebody to death?
8:53
Speaker 1: I'm certainly not somebody that sits around and gets happy
8:56
Speaker 1: about it. Unless, of course, you deserve it. But the
9:00
Speaker 1: bar is high. So I'm all for a judge going
9:04
Speaker 1: the extra step to make sure that everything is on
9:07
Speaker 1: the up and up. When we're talking about somebody facing
9:09
Speaker 1: the death penalty especially, things have to be done in
9:13
Speaker 1: the proper manner. All four victims were undergrad students at
9:17
Speaker 1: the University of Idaho, Koberger, who attended the neighboring Washington
9:21
Speaker 1: State University in pursuit of a PhD in criminology, drove
9:25
Speaker 1: a white Hyundai Elantra, the same type of car investigators
9:28
Speaker 1: identified as the suspect vehicle, and allegedly turned his phone
9:32
Speaker 1: off before heading to and from the crime scene, according
9:36
Speaker 1: to the affidavit. So all of that stuff adds up, right?
9:40
Speaker 1: We're not going to beat the dead horse here, but
9:42
Speaker 1: when you have all of that added up, It usually
9:45
Speaker 1: spells big trouble for the person sitting in the defendant's chair.
9:50
Speaker 1: Police citing cell phone records also allege that he stalked
9:53
Speaker 1: the victim's home on a dozen occasions before the murders
9:57
Speaker 1: and drove by once more after hours. Koberger is being
10:00
Speaker 1: held without bail, and Judge entered not guilty pleas on
10:04
Speaker 1: his behalf at his arraignment in May. He could face
10:07
Speaker 1: the death penalty if convicted. So this is where the
10:10
Speaker 1: battle is. This is exactly where the front line of
10:14
Speaker 1: the Brian Koberger fight is at. The question is, what's
10:18
Speaker 1: Judge Judge going to decide? And while we don't know
10:21
Speaker 1: when that will be, one thing I can tell you
10:24
Speaker 1: is that we'll be here to report on it when
10:27
Speaker 1: it happens. All right, folks, that's going to do it
10:29
Speaker 1: for this one. All of the information that goes with
10:32
Speaker 1: this episode can be found in the description box. What's up, everyone,
10:37
Speaker 1: and welcome back to the program. As Brian Koberger and
10:42
Speaker 1: his legal team continue to try to navigate the minefield
10:46
Speaker 1: of strong evidence against Brian Kohlberger, one of the key
10:49
Speaker 1: things that his defense is going to try to do
10:52
Speaker 1: is try and come up with a different scenario where
10:55
Speaker 1: somebody else is responsible for these murders. And back during
10:59
Speaker 1: the initial phases of all of this, when we were
11:02
Speaker 1: hearing that this was a quote-unquote party house, when we
11:05
Speaker 1: were hearing that people were at this house when the
11:08
Speaker 1: roommates weren't even home, I said then, that this is
11:12
Speaker 1: going to become an issue for the defense later on
11:15
Speaker 1: down the road.
11:16
Speaker 2: And well, here we are.
11:18
Speaker 1: Criminal defense attorney Jack Rice, in this article that we're
11:21
Speaker 1: about to dive into, is talking about this very scenario
11:25
Speaker 1: being utilized by Brian Kohlberger's team as kind of a
11:29
Speaker 1: fulcrum for them to try and say that somebody else
11:33
Speaker 1: is responsible for that knife sheath being there. But that
11:37
Speaker 1: still doesn't answer the question of why Brian Kohlberger's DNA
11:41
Speaker 1: would be on that knife sheath. So, let's dive into
11:44
Speaker 1: this article from the Daily Mail and let's get caught up. Headline,
11:49
Speaker 1: Idaho murder suspect Brian Kohlberger could claim in his trial
11:53
Speaker 1: that home where four students were murdered was a party house,
11:56
Speaker 1: which would explain why his DNA was found there. Yeah,
12:00
Speaker 1: not so much. Why was it found on the knife sheath?
12:02
Speaker 1: Why was the knife sheath under a dead body? Why
12:05
Speaker 1: did that bed where that dead body was found have
12:08
Speaker 1: another dead body in it? Can somebody explain that to me?
12:11
Speaker 1: Because party house or not, none of it matters. The
12:15
Speaker 1: only DNA that was found on that knife sheath, as
12:18
Speaker 1: far as we know, is Brian Kohlberger's. And unless they
12:22
Speaker 1: can explain that, all this other stuff is just background noise.
12:27
Speaker 1: This article was authored by Kamal Sultan. Idaho murder suspect
12:32
Speaker 1: Brian Kohlberger could claim in his upcoming trial that that
12:35
Speaker 1: the home where the four students were killed was a
12:38
Speaker 1: party house, to explain why his DNA was found there.
12:42
Speaker 1: Now look, if it was found on a wall, or
12:45
Speaker 1: it was found down in the kitchen, then that's a
12:47
Speaker 1: whole different conversation. This shit was found on a knife
12:50
Speaker 1: sheath that was allegedly the home, meaning the knife sheath,
12:55
Speaker 1: to a weapon that killed these four kids. So unless
12:58
Speaker 1: you can explain how this knucklehead's DNA got onto that
13:02
Speaker 1: knife sheath, onto that button, Then, like I said a
13:05
Speaker 1: second ago, all this other stuff is just nothing more
13:09
Speaker 1: than garnish.
13:10
Speaker 2: The former criminology.
13:12
Speaker 1: PhD student is accused of stabbing four University of Idaho
13:16
Speaker 1: students to death in their home off campus on November 13th.
13:21
Speaker 1: Kaylee Gonsalves, 21, died alongside her best friend Maddie Mogan, 21,
13:27
Speaker 1: housemate Zanna Kernodle, 20, and Kernodle's boyfriend Ethan Chapin, 20.
13:32
Speaker 1: He has been held at the Latah County Jail in Moscow,
13:35
Speaker 1: Idaho since January while awaiting trial, which has been pushed
13:39
Speaker 1: back after he waived his right to a speedy trial.
13:44
Speaker 1: Criminal defense attorney Jack Rice says Koberger's defense team could
13:48
Speaker 1: claim that the off-campus property where the murders took place
13:52
Speaker 1: was a wild party house where plenty of students would go.
13:55
Speaker 1: And again, look, there's no doubt they're going to make
13:57
Speaker 1: that claim. I said that Way back in the beginning,
14:01
Speaker 1: the second it came out that this was a quote-unquote
14:03
Speaker 1: party house, they were going to try and use that
14:06
Speaker 1: to their advantage. But the problem for them is the
14:09
Speaker 1: DNA on the knife sheath. If it was DNA anywhere else,
14:13
Speaker 1: I'd be much more inclined to listen to what they
14:15
Speaker 1: have to say. But they're going to have to explain
14:18
Speaker 1: how his DNA got on that knife sheath. It comes
14:22
Speaker 1: after FBI agents return to the scene to collect more evidence,
14:26
Speaker 1: taking precise measurements of each room, for 3D modeling that
14:31
Speaker 1: can be presented to the jury when the Grizzly case
14:34
Speaker 1: eventually goes to trial. One of the most important parts
14:38
Speaker 1: of this case is that DNA, and we know that
14:41
Speaker 1: this is a party house, Attorney Rice said in new
14:45
Speaker 1: documentary clips obtained by the New York Post. We know
14:48
Speaker 1: that there are hundreds of kids in the house. It
14:51
Speaker 1: could have even included him, and that's something we've talked
14:54
Speaker 1: about too. Very possible that Brian Koberger was at some
14:58
Speaker 1: party here at some point. I mean, look, if there's
15:01
Speaker 1: a bunch of people going in and out of this
15:03
Speaker 1: house for a party and Koberger's hip to it, why
15:06
Speaker 1: wouldn't he want to go there and check it out?
15:09
Speaker 1: Walk in, blend in, act like he's just somebody else
15:11
Speaker 1: going to the party. Very possible. And I said that
15:15
Speaker 1: from the beginning too, that it's very possible that he
15:18
Speaker 1: went kind of like as a recon mission to a
15:22
Speaker 1: party there or a kickback, whatever, so that he can
15:25
Speaker 1: get a feel for the layout of the house.
15:27
Speaker 2: That way, later on.
15:28
Speaker 1: When he comes back to do what he allegedly did,
15:31
Speaker 1: he has a better idea of what the layout of
15:34
Speaker 1: the house looks like so that he can put his
15:36
Speaker 1: plan into motion and then try to make his escape. Well,
15:40
Speaker 1: unfortunately for Brian Kohlberger, that didn't allegedly work out so well,
15:44
Speaker 1: did it? Considering that he allegedly left his knife on
15:47
Speaker 1: that sheath. And you see, that's the big problem for
15:50
Speaker 1: Koberger's team. That DNA on that sheath is unexplainable. Nobody
15:56
Speaker 1: else could have put that DNA there. It didn't magically appear.
15:59
Speaker 1: Nobody else who was at the party did it. Nobody
16:02
Speaker 1: borrowed that knife sheath from Brian Koberger and put it
16:05
Speaker 1: in the bed with.
16:06
Speaker 2: Those two dead girls.
16:07
Speaker 1: So while this little story here is a nice diversion,
16:10
Speaker 1: it's not going to work out so well when the
16:12
Speaker 1: rubber hits the road. And the thing is, if he
16:15
Speaker 1: was in this house, are you suggesting that these four
16:18
Speaker 1: know everybody who's been there?
16:20
Speaker 2: I doubt that.
16:21
Speaker 1: All of a sudden, you might have a completely different trial,
16:24
Speaker 1: he added, in the case against Brian Kohlberger documentary, which
16:28
Speaker 1: airs on Court TV on Sunday. Yeah, I disagree one
16:32
Speaker 1: million percent. But he has to get people to watch
16:35
Speaker 1: his documentary, right? So he has to throw a little
16:37
Speaker 1: controversy out there. However, I don't believe that it's going
16:41
Speaker 1: to be that big of a deal when all is
16:43
Speaker 1: said and done. A knife sheath with Kohlberger's DNA was
16:48
Speaker 1: found by police alongside the bodies of the victims last year.
16:52
Speaker 1: But the suspect's defense team could say that because hundreds
16:56
Speaker 1: of students may have previously partied inside the house... The
16:59
Speaker 1: DNA could have been there before the murders, according to Rice.
17:03
Speaker 1: Oh yeah, and it's just conveniently in the bed with
17:06
Speaker 1: those girls while they're dead, and it happens to have
17:09
Speaker 1: Brian Kohlberger's DNA on it. By the way, as far
17:12
Speaker 1: as we know, nobody else's DNA was found on that
17:15
Speaker 1: knife sheath. Pretty important part, no? The defense previously revealed
17:21
Speaker 1: that they would be contesting the notion that Kohlberger's DNA
17:24
Speaker 1: was left at the scene on the knife sheath.
17:26
Speaker 2: Well, good luck.
17:28
Speaker 1: Good luck trying to contest that. And the home run
17:31
Speaker 1: for the prosecution is going to be the fact that
17:34
Speaker 1: Judge Judge is going to let the defense get a
17:37
Speaker 1: look at a lot of this stuff. And it's going
17:39
Speaker 1: to prove to be nothing that helps them. They also
17:42
Speaker 1: claim that DNA from three other unidentified men was also
17:46
Speaker 1: found at the Idaho crime scene. Neighbor Jeremy Reagan claimed
17:51
Speaker 1: there were constantly people in and out of the home. Yeah,
17:54
Speaker 1: it's a college house. Ever been to college? Ever been
17:57
Speaker 1: on campus? Ever been to fraternity row, sorority row? In
18:02
Speaker 1: and out, all day, people partying, having a good time.
18:05
Speaker 1: That's how this works. And again, all of this sounds
18:08
Speaker 1: great on Reddit. All of this sounds great in an article.
18:12
Speaker 1: But when it gets into that courtroom in front of
18:14
Speaker 1: the jury, well, that's when it really matters. That's when
18:17
Speaker 1: we're going to see if this sort of story works.
18:20
Speaker 1: holds any water, and for my money, I highly doubt
18:23
Speaker 1: it's going to, you're going to have to back all
18:25
Speaker 1: of that up. Okay, three male DNA patterns were found
18:29
Speaker 1: at the scene.
18:29
Speaker 2: So what?
18:30
Speaker 1: What does that mean? Were they on the knife sheath?
18:33
Speaker 1: You notice they didn't say anyone else's DNA is on
18:36
Speaker 1: that knife sheath, right? If there was any other DNA
18:39
Speaker 1: pattern on that knife sheath, we'd know about it, and
18:42
Speaker 1: they'd be making a whole big to-do about it.
18:46
Speaker 2: But that's not the case.
18:47
Speaker 1: The only DNA that has been found on that knife
18:50
Speaker 1: sheath is Brian Kohlberger's, at least according to the government.
18:55
Speaker 1: But he added that the parties had slowed down before
18:58
Speaker 1: the murders took place. They did have more stuff going
19:01
Speaker 1: on there, but they were definitely nowhere near as loud
19:05
Speaker 1: as crazy, Reagan said. And this guy complained from Jump Street, right? Bro,
19:09
Speaker 1: why are you living next to a sorority house? or
19:12
Speaker 1: a fraternity house, and then complaining that it's loud. Move
19:16
Speaker 1: your ass to the old folks' home and quit crying.
19:19
Speaker 1: Kohlberger's legal team have hinted at him having an alibi,
19:23
Speaker 1: but have not yet revealed what it is. Evidence corroborating Mr.
19:27
Speaker 1: Kohlberger being at a location other than the King Road
19:30
Speaker 1: address will be disclosed pursuant to discovery later. and evidentiary rules.
19:36
Speaker 1: His attorney, Ann Taylor, said in July, Koberger is believed
19:40
Speaker 1: to have meticulously planned the murders of Madison, Kaylee, Ethan,
19:44
Speaker 1: and Zanna with a probable cause affidavit, noting that he
19:47
Speaker 1: had repeatedly visited the area of around their home prior
19:51
Speaker 1: to the killings. The document also said that his DNA
19:56
Speaker 1: was found on a K-bar knife sheath found next to
19:58
Speaker 1: the bodies of Kaylee and Madison and that he was
20:01
Speaker 1: seen in the home by roommate Dylan Mortensen, 19. Kaylee
20:06
Speaker 1: and Madison were discovered dead in a bed next to
20:09
Speaker 1: each other While Ethan and Zanna were found on the
20:12
Speaker 1: floor below, was Zanna discovered slumped over on the floor
20:16
Speaker 1: of her bedroom. According to the document, survivors Mortensen and
20:20
Speaker 1: Bethany Funk heard something of what happened, with Mortensen telling
20:24
Speaker 1: cops she heard Gonsalves say, there's someone here at approximately
20:29
Speaker 1: 4 a.m. Ten minutes later, she heard a thud and
20:33
Speaker 1: crying from Zanna's room and a male voice saying, it's okay,
20:37
Speaker 1: I'm going to help you. So if Brian Koberger's found
20:40
Speaker 1: guilty of this, I hope that's what they say to
20:42
Speaker 1: him before they administer the death penalty. Don't worry, Brian Koberger.
20:46
Speaker 1: We're here to help you. Have yourself a little bit
20:49
Speaker 1: of this cocktail. Or maybe he gets the firing squad.
20:52
Speaker 1: That would be preferable, honestly. I mean, if I can't
20:55
Speaker 1: have volcanoes and helicopters, might as well have the firing squad.
20:59
Speaker 1: At 4.17 a.m., a dog was captured barking loudly on
21:03
Speaker 1: a neighbor's security camera. Around the same time, Mortensen said
21:07
Speaker 1: she opened her bedroom door again and saw a tall
21:10
Speaker 1: male with bushy eyebrows leaving through the sliding glass doors
21:14
Speaker 1: at the back of the home. She described how she
21:16
Speaker 1: had been frozen in shock as the black-clad male walked
21:20
Speaker 1: towards her and she locked herself in her room after
21:23
Speaker 1: he left. A shoe print was later found outside her door.
21:27
Speaker 1: The affidavit also reveals that Koberger's white Hyundai Elantra was
21:32
Speaker 1: captured on camera near the scene before being seen driving
21:36
Speaker 1: rapidly away from the home towards Pullman at approximately 4.20 a.m. Well,
21:42
Speaker 1: that's a quality time, huh? At 4.20 a.m., you shouldn't
21:45
Speaker 1: be out murdering anybody. You know what you should be
21:47
Speaker 1: doing if you're not sleeping? That's right, hitting your bong.
21:52
Speaker 1: Police rapidly connected the vehicle to Kohlberger and noted the
21:55
Speaker 1: similarity between his appearance and Mortensen's description of the intruder
22:00
Speaker 1: at the rental home. So Brian Kohlberger's team might try
22:04
Speaker 1: and utilize this. They might try and bring this up
22:07
Speaker 1: as a fulcrum. But when all is said and done,
22:10
Speaker 1: I don't think it's going to work out for him. Now,
22:13
Speaker 1: there's always that headroom of the government hiding something. If
22:17
Speaker 1: there's other DNA on that knife sheath, Then I'll reevaluate
22:21
Speaker 1: my opinion. But until I hear that there's other DNA
22:25
Speaker 1: on that knife sheath, then they're still going to have
22:28
Speaker 1: to explain how his DNA got on that knife sheath.
22:31
Speaker 1: I don't care if he was at 10 parties at
22:34
Speaker 1: that house. How did his DNA get on the knife sheath?
22:37
Speaker 1: And until that is explained, Brian Koberger is up to
22:40
Speaker 1: his ears in big trouble. All of the information that
22:45
Speaker 1: goes with this episode can be found in the description box.
22:50
Speaker 1: What's up everyone and welcome back to the program. Brian
22:55
Speaker 1: Koberger's third request for Discovery was very, very interesting. And
23:00
Speaker 1: when we went over the document, we were talking a
23:03
Speaker 1: little bit about how interesting some of the requests were
23:06
Speaker 1: from Brian Koberger and his team. Today we have an
23:10
Speaker 1: article from Inside Edition talking a little bit more about
23:14
Speaker 1: that and about some of the requests made by Ann Taylor,
23:19
Speaker 1: Brian Koberger's lawyer. So let's take a look at this
23:22
Speaker 1: article from Inside Edition, and let's see what Chris Spargo
23:26
Speaker 1: has for us.
23:28
Speaker 2: Headline.
23:30
Speaker 1: Brian Koberger demands videos, DNA evidence. He claims state is withholding.
23:35
Speaker 1: That could prove his innocence. And this, of course, comes
23:39
Speaker 1: on the back of the report from the investigator that
23:42
Speaker 1: was hired by Brian Koberger's team, Rich Batanti. saying that
23:47
Speaker 1: he had information that led him to believe that Bethany
23:51
Speaker 1: Funk also had exculpatory evidence that would lead to Brian
23:55
Speaker 1: Kohlberger being let off here. And we're starting to see
23:59
Speaker 1: a little bit of a glimpse at the strategy that
24:02
Speaker 1: they're going to employ. Of course, we're still at the very,
24:05
Speaker 1: very start of all of this, but it most certainly
24:08
Speaker 1: signals that Brian Kohlberger and his defense team are gearing.
24:13
Speaker 2: Up for a fight.
24:16
Speaker 1: The accused murderer's public defender, Ann Taylor, filed a motion
24:20
Speaker 1: to compel discovery in Latah County Court last week, claiming
24:24
Speaker 1: that prosecutors have yet to turn over crucial evidence that
24:28
Speaker 1: she believes could help her client in the case. And
24:32
Speaker 1: it's crucial if you're a defense attorney to have all
24:35
Speaker 1: of the evidence possible, right? If you want to mount
24:39
Speaker 1: a plausible defense, a defense that has any chance of
24:43
Speaker 1: being successful, you have to have all of the evidence.
24:47
Speaker 1: And that's what Discovery is for. And according to Brian
24:50
Speaker 1: Koberger's team, they haven't received anything from Latah County or
24:55
Speaker 1: the prosecutor's office when it comes to Discovery requests. Brian
25:01
Speaker 1: Koberger wants to see the video footage from his arrest,
25:05
Speaker 1: notes from his interrogations, and details about how police and
25:09
Speaker 1: tested DNA, found at the scene of the University of
25:13
Speaker 1: Idaho murders. All pretty basic stuff. Pretty basic requests, right?
25:18
Speaker 1: I mean, if you were being charged with quadruple homicide,
25:21
Speaker 1: you'd want all of this stuff as well. And for
25:24
Speaker 1: the prosecution, they're going to try and slow walk as
25:26
Speaker 1: much evidence as they can. We saw the same thing
25:30
Speaker 1: with Ghislaine Maxwell when she was on trial. The prosecution
25:34
Speaker 1: had reams and reams and reams of documents. We're talking
25:37
Speaker 1: about documents in the millions. and they slow walked a
25:40
Speaker 1: lot of it. It's all part of the gamesmanship between
25:44
Speaker 1: the prosecution and the defense. The accused murderer's public defender,
25:49
Speaker 1: Ann Taylor, filed a motion to compel discovery in Latah
25:52
Speaker 1: County Court last week. In her motion, Taylor writes that
25:57
Speaker 1: despite filing two supplemental requests for discovery, prosecutors have yet
26:03
Speaker 1: to turn over crucial evidence in the case. including reports, notes, recordings,
26:08
Speaker 1: and photos that she believes contain exculpatory evidence. The defense
26:13
Speaker 1: team is now asking the judge to step in and
26:17
Speaker 1: compel prosecutors to turn over these items, many of which
26:20
Speaker 1: they say were included in the first request for discovery
26:24
Speaker 1: filed back on February 3rd. And that's why I added
26:28
Speaker 1: those to the catalog, meaning the discovery requests that have
26:32
Speaker 1: been made by Brian Koberger over the past couple of days.
26:35
Speaker 1: It's pretty significant to what's going on overall. So I
26:39
Speaker 1: wanted us to have that blueprint already in the catalog
26:42
Speaker 1: that we could refer to. The evidence defense counsel believes
26:46
Speaker 1: could prove Koberger is not guilty was part of the
26:49
Speaker 1: defense's second request for discovery filed on March 24th. Koberger
26:55
Speaker 1: is charged with four counts of first-degree murder in the
26:58
Speaker 1: stabbing deaths of four University of Idaho students, Madison Mogan,
27:03
Speaker 1: Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin. Koberger has entered
27:09
Speaker 1: a plea of not guilty to all four murders, and
27:12
Speaker 1: we know now that he'll be making a court appearance
27:15
Speaker 1: this month a few days earlier than was originally scheduled.
27:20
Speaker 1: So he was originally scheduled to make a court appearance
27:23
Speaker 1: on May 25th, and instead now he'll be making that
27:27
Speaker 1: appearance on May 22nd. And that has to do with
27:30
Speaker 1: the gag order and the challenge to that gag order
27:33
Speaker 1: by the Gonsalves family. In total, there are seven items
27:37
Speaker 1: that the defense is asking prosecutors to turn over, all
27:40
Speaker 1: of which had previously been requested during the discovery process.
27:45
Speaker 1: According to the court filing obtained, by Inside Edition Digital.
27:49
Speaker 1: And again, a lot of gamesmanship is going on. And
27:52
Speaker 1: sometimes you'll see the prosecution or the defense wait until
27:56
Speaker 1: they're compelled by a judge to turn things over. And
27:59
Speaker 1: that's all because they don't want to reveal their game plan.
28:02
Speaker 1: And when you're turning over Discovery, if you have a
28:06
Speaker 1: lawyer who knows what they're doing, they can kind of
28:08
Speaker 1: get an idea of what your strategy is going to
28:11
Speaker 1: be from Discovery. The items that were requested include... all
28:16
Speaker 1: body cam and dash cam footage from officers involved in
28:20
Speaker 1: the search and arrest of Koberger in Pennsylvania. So they'll
28:24
Speaker 1: go through that body camera footage and they'll make sure
28:26
Speaker 1: that everything was on the up and up with this raid,
28:29
Speaker 1: with the search warrant. And if anything wasn't on the
28:32
Speaker 1: up and up and there was some sort of constitutional malfeasance,
28:36
Speaker 1: they'll make sure that the court is aware of that.
28:40
Speaker 1: Copies of lab reports... detailing the forensic evidence collection and
28:45
Speaker 1: analysis of items recovered at Brian Koberger's parents' home, trash cans,
28:50
Speaker 1: and other receptacles, and Koberger's Hyundai Elantra. So again, they
28:55
Speaker 1: want to go through all of this evidence that was
28:58
Speaker 1: taken by the government, and they want all of it
29:02
Speaker 1: turned over for discovery so that they have an idea
29:05
Speaker 1: of what they're up against. And for me, looking at
29:07
Speaker 1: their request tells us a whole lot. the fact that
29:11
Speaker 1: they're very interested in the Hyundai Elantra, the trash cans,
29:14
Speaker 1: other receptacles, tells me that there might have been something
29:18
Speaker 1: very significant found in those places. Of course, that's just
29:22
Speaker 1: my speculation. I have nothing to back that up. But
29:26
Speaker 1: if you follow along with the court filings, you're certainly
29:30
Speaker 1: going to see a pattern here of what's going on
29:33
Speaker 1: as far as behind the scenes. All recordings and notes
29:37
Speaker 1: from the interrogation of Mr.
29:39
Speaker 2: Kohlberger.
29:40
Speaker 1: Detective Brett Payne of the Moscow Police Department. All police reports,
29:46
Speaker 1: audio video evidence and any recorded statements related to Koberger's
29:51
Speaker 1: arrest and incarceration in Pennsylvania. training records for multiple officers
29:57
Speaker 1: whose names have been redacted from the filing, all reports, notes, recordings,
30:03
Speaker 1: and photos from a redacted event which contains exculpatory evidence
30:08
Speaker 1: according to Kohlberger's lawyer. And all of this sounds very,
30:12
Speaker 1: very interesting, right? But remember, we don't really know what
30:16
Speaker 1: Ann Taylor is even talking about here because this evidence
30:20
Speaker 1: has not been introduced yet. So it could be consequential
30:24
Speaker 1: or it could be just a big, gigantic nothing burger.
30:28
Speaker 1: Judge has yet to respond to the motion, which was
30:31
Speaker 1: filed on Thursday. The defense team is requesting a 10
30:35
Speaker 1: minute hearing on the matter before the preliminary hearing, which
30:39
Speaker 1: is scheduled for the last week of June. And you
30:42
Speaker 1: would have to think that they really want to get
30:44
Speaker 1: their hands on some of this discovery material at the
30:47
Speaker 1: very least before the prelim hearing. And as far as
30:51
Speaker 1: the prosecution goes, my guess is if they don't get
30:54
Speaker 1: off their hands and start handing it over, the judge
30:57
Speaker 1: is going to compel them to do so. A hearing
31:00
Speaker 1: has already been scheduled for later this month to address
31:04
Speaker 1: two requests to lift the gag order on the case.
31:07
Speaker 1: And the media, the coalition that was put together to
31:10
Speaker 1: challenge the gag order, well, that failed in the Supreme Court.
31:14
Speaker 1: But it didn't fail on merit. It failed on procedural grounds.
31:19
Speaker 1: So they kicked it back down to the state level.
31:22
Speaker 1: And now the coalition, the media coalition, has refiled in
31:27
Speaker 1: Judge Marshall's court. So they're following the proper steps now.
31:32
Speaker 1: They're following the proper procedure. And we'll see how that
31:34
Speaker 1: all goes. But before we get there, we have the
31:37
Speaker 1: hearing on May 22nd, where the Gonsalves family and their lawyer,
31:42
Speaker 1: Shannon Gray, is also challenging the gag order. First challenge
31:46
Speaker 1: comes from Shannon Gray. the lawyer representing the Gonsalves family,
31:50
Speaker 1: and the second comes from over 25 news organizations. Koberger
31:56
Speaker 1: and his legal team previously stated in court filings that
32:00
Speaker 1: the gag order in the case should stay in place,
32:03
Speaker 1: arguing that it would make it harder for the murder
32:06
Speaker 1: suspect to get a fair trial. And as much as
32:08
Speaker 1: I'm not a fan of this gag order, I can
32:11
Speaker 1: understand why Judge Marshall would want it instituted, because it's
32:15
Speaker 1: all about later on down the road. Nobody wants to
32:18
Speaker 1: have a mistrial declared. Nobody wants to hear any nonsense about, oh, well,
32:23
Speaker 1: you didn't do this or that. And Brian Koberger is
32:25
Speaker 1: going to get off on a loophole or a technicality.
32:28
Speaker 2: Screw that.
32:29
Speaker 1: Make sure everything's buttoned up, just like in the investigation.
32:33
Speaker 1: That way, later on down the road, when it's conviction time,
32:37
Speaker 1: everything goes smoothly. The University of Idaho murders received national
32:42
Speaker 1: attention ever since the bodies of four students were found
32:45
Speaker 1: dead in a house in just off the school's Moscow campus.
32:50
Speaker 1: Interest in the case then grew during the six weeks
32:52
Speaker 1: it took police to arrest Koberger. He was apprehended in
32:56
Speaker 1: the early morning hours of December 30th at his childhood
33:00
Speaker 1: home in Pennsylvania. Officers secured a warrant to arrest the
33:04
Speaker 1: suspect after they say a lab-matched DNA found in trash
33:09
Speaker 1: pulled from Koberger's home to DNA found on a knife
33:12
Speaker 1: sheath discovered at the murder scene. And again, How did
33:16
Speaker 1: this dum-dum leave that knife sheath at the murder scene?
33:19
Speaker 1: Without that knife sheath, this is a whole different conversation, folks. Oh,
33:23
Speaker 1: they might have arrested Brian Koberger, but the evidence wouldn't
33:27
Speaker 1: be nowhere near as strong. And for me, the strongest
33:30
Speaker 1: part of that evidence that ties everything else up, meaning
33:33
Speaker 1: the digital evidence, is that touch DNA that was found
33:37
Speaker 1: on the button of that sheath. That is the glue
33:40
Speaker 1: that binds all of this together, in my opinion. A
33:44
Speaker 1: preliminary hearing in the murder trial will get underway on
33:47
Speaker 1: June 23rd and is expected to last that entire week.
33:52
Speaker 1: Koberger had previously told the public defender assigned to handle
33:56
Speaker 1: his extradition from Pennsylvania to Idaho that he expects to
34:00
Speaker 1: be exonerated of all charges at the trial. Well, I
34:04
Speaker 1: have my doubts about that, but we'll see. And barring
34:08
Speaker 1: some sort of gigantic bombshell from the defense, I don't
34:12
Speaker 1: see how Brian Kohlberger can be that confident that he's
34:15
Speaker 1: going to be exonerated for these murders. All right, folks,
34:19
Speaker 1: that's going to do it for this one. All of
34:20
Speaker 1: the information that goes with this episode can be found
34:24
Speaker 1: in the description box. Everyone and welcome back to the program.
34:28
Speaker 1: In this episode, we have some more court documents to
34:31
Speaker 1: dive into. And the first one we're going to look at.
34:34
Speaker 1: Is the stipulated motion to file Exhibit C attached to
34:39
Speaker 1: the defendant's fourth supplemental request for discovery under seal? Case
34:45
Speaker 1: number CR 29-22-0002805. State of Idaho Plaintiff vs. Brian C. Kohlberger,
34:56
Speaker 1: the defendant.
34:58
Speaker 2: Comes now. Brian C. Kohlberger buying through his attorney. and C.
35:02
Speaker 1: Taylor, public defender, and hereby moves the court for an
35:06
Speaker 1: order to file Exhibit C of Defendants, 4th Supplemental Request
35:11
Speaker 1: for Discovery, under seal. This motion is made pursuant to I.C.A.R. 32I, 2D,
35:17
Speaker 1: and E, and I.C., Section 74-124, 1, and.
35:19
Speaker 2: B, and C, because 1.
35:21
Speaker 1: The documents contain facts or statements, that might threaten or
35:33
Speaker 1: endanger the safety of individuals. Two, it is necessary to
35:37
Speaker 1: preserve the right to a fair trial. And three, disclosure
35:41
Speaker 1: would constitute an unwarranted invasion of personal privacy. The next
35:46
Speaker 1: document we have is the state's response to defendant's amended
35:50
Speaker 1: motion to stay proceedings. Case number CR 29-22-2805. State of
35:54
Speaker 1: Idaho plaintiff. Brian C.
36:00
Speaker 2: Koberger, the defendant. Comes now.
36:04
Speaker 1: The state of Idaho, by and through the Latah County
36:07
Speaker 1: prosecuting attorney, and responds to the defendant's amended motion to
36:11
Speaker 1: stay proceedings filed herein on June 15th, 2023. By incorporating,
36:18
Speaker 1: as if fully set forth at this point, the state's
36:21
Speaker 1: initial objection to motion to stay proceedings previously filed herein
36:26
Speaker 1: on June 15th, 2023. This document was signed by William
36:31
Speaker 1: Thompson Jr. The next document we have is the defendant's
36:35
Speaker 1: fourth supplemental request for discovery. Case number CR29-22-0002805. State of
36:40
Speaker 1: Idaho plaintiff.
36:41
Speaker 2: 1st Brian C. Kohlberger, the defendant.
36:51
Speaker 1: Please take notice that the undersigned pursuant to Rule 16
36:55
Speaker 1: of the Idaho Criminal Rules, the 4th, 5th, 6th, 8th,
36:59
Speaker 1: and 14th Amendments to the Constitution of the United States
37:03
Speaker 1: and Articles 1, 2, 13, and 17 of the Constitution
37:09
Speaker 1: of the State of Idaho request discovery and inspection of
37:13
Speaker 1: all materials discoverable by defendant per I.C.R. 16B1-8 And the
37:22
Speaker 1: aforementioned constitutional provisions, including, but not limited to, the following information, evidence,
37:30
Speaker 1: and materials outlined in the attached Exhibit C, dated the
37:34
Speaker 1: 16th day of June, 2023. And this document was signed
37:39
Speaker 1: by Ann Taylor. The next document we have is the
37:43
Speaker 1: state's response to the defendant's fourth supplemental request for discovery,
37:48
Speaker 1: case number CR29-22-20.
37:51
Speaker 2: Dash 2805.
37:51
Speaker 1: The state of Idaho plaintiff versus Brian C. Koberger, the defendant.
37:58
Speaker 1: To the defendant, Brian Christopher Koberger and counsel Ann Taylor.
38:03
Speaker 1: Comes now, the state of Idaho by and through the
38:05
Speaker 1: Latah County prosecuting attorney and submits the following response to
38:10
Speaker 1: defendant's fourth supplemental.
38:12
Speaker 2: Request for discovery. February 21st, 2023.
38:15
Speaker 1: State's response to defendant's First Supplemental Request for Discovery, March 29th, 2023,
38:24
Speaker 1: State's Response to Defendant's Second Supplemental Request for Discovery, May 12th, 2023,
38:31
Speaker 1: State's Response to Defendant's Third Supplemental Request for Discovery, May 12th, 2023,
38:38
Speaker 1: State's Response to Defendant's Motion to Compel Discovery, and June 8th, 2023,
38:43
Speaker 1: State's Supplemental Response to Defendant's First, Second, and third supplemental
38:48
Speaker 1: request for discovery as if fully set forth at this point.
38:53
Speaker 1: The state has and will continue to provide discovery in
38:56
Speaker 1: accordance with I.C.R. 16 and applicable law. Dated the 16th
39:02
Speaker 1: day of June of 2023 and signed by William Thompson.
39:08
Speaker 1: The next document we have is the order to file
39:11
Speaker 1: defendants exhibit C attached to the defendants fourth supplemental request
39:16
Speaker 1: for discovery Under seal.
39:18
Speaker 2: Case number.
39:19
Speaker 1: CR 29-22-2805. State of Idaho Plaintiff. First Brian C.
39:26
Speaker 2: Koberger. The defendant. The court.
39:30
Speaker 1: Having before it the defendant's stipulated motion to file Exhibit
39:34
Speaker 1: C attached to defendant's 4th Supplemental Request for Discovery under
39:39
Speaker 1: seal and good cause appearing, now, therefore, it is hereby
39:43
Speaker 1: ordered that the defendant's Exhibit C attached to their 4th
39:47
Speaker 1: Supplemental requests for discovery shall be filed under seal pursuant
39:52
Speaker 1: to I.C.A.R.32I2DND and I.C.
39:53
Speaker 2: Section 74-124 1B and C. So ordered June 16th, 2023.
39:55
Speaker 1: And this order was signed by Judge John Judge. The
40:11
Speaker 1: next document we have is the temporary order sealing motion
40:15
Speaker 1: to amend and amended order allowing removal of evidentiary items
40:21
Speaker 1: for forensic evaluation pending a hearing. Case number CR 29-22-2805.
40:27
Speaker 1: State of Idaho plaintiff vs. Brian C. Kohlberger, the defendant.
40:35
Speaker 1: Based upon the motion of the state filed herein, the
40:38
Speaker 1: court does hereby confirm and order that the motion to
40:42
Speaker 1: amend order allowing removal of evidentiary items for forensic evaluation
40:48
Speaker 1: and amended order allowing removal of evidentiary items for forensic
40:52
Speaker 1: evaluation are exempt from disclosure and are sealed pursuant to
40:57
Speaker 1: Idaho Court Administrative Rule 32G1 for the reasons stated in
41:02
Speaker 1: the said motion and until a hearing can be held
41:05
Speaker 1: on the matter. So ordered this 14th day of June
41:09
Speaker 1: of 2023 and signed by Judge Judge. The next document
41:13
Speaker 1: we have is the temporary order sealing exhibits A and
41:17
Speaker 1: B of the state's supplemental response to defendants First, second,
41:21
Speaker 1: and third supplemental requests for discovery. Case number CR 29-22-2805.
41:27
Speaker 1: The state of Idaho plaintiff versus Brian Christopher Kohlberger, the defendant.
41:36
Speaker 1: Based upon the motion to temporarily seal exhibits A and
41:39
Speaker 1: B of the state supplemental response, to defendants' first, second,
41:43
Speaker 1: and third supplemental requests for discovery filed herein, the court
41:48
Speaker 1: does hereby confirm and order that exhibits A and B
41:52
Speaker 1: are confidential, exempt from disclosure, and are sealed pursuant to
41:56
Speaker 1: Idaho Court Administrative Rules 32G1 and for the reasons stated
42:02
Speaker 1: in the said motion and until a hearing can be
42:04
Speaker 1: held on the matter. so ordered this 8th day of June, 2023,
42:10
Speaker 1: and this was signed by Judge Judge. The next document
42:14
Speaker 1: we have is the protective order. Case number CR 29-22-2805.
42:20
Speaker 1: State of Idaho plaintiff versus Brian Christopher Kohlberger, the defendant.
42:28
Speaker 1: The above matter, having come before the court upon stipulation
42:33
Speaker 1: of the parties and good cause appearing, It is hereby ordered,
42:37
Speaker 1: pursuant to Idaho Criminal Rule 16-1, as follows. The protective
42:42
Speaker 1: order pertains to records obtained by the state from the
42:46
Speaker 1: University of Idaho during the course of the investigation of
42:49
Speaker 1: this case. A protective order is hereby entered limiting access
42:54
Speaker 1: of those records pertaining to students, faculty, and staff, and
42:58
Speaker 1: records from the University of Idaho's Office of Civil Rights Investigation.
43:03
Speaker 1: to direct review by defense counsel and with the provision
43:07
Speaker 1: that any further dissemination or use of those records is
43:11
Speaker 1: prohibited absent of specific court order or further stipulation of
43:16
Speaker 1: the parties. This was dated on June 8th of 2023
43:20
Speaker 1: and it was signed by Judge Judge. And the final
43:26
Speaker 1: document for this update. is the motion to temporarily seal
43:30
Speaker 1: exhibits A and B of the state's supplemental response to
43:34
Speaker 1: defendants' first, second, and third supplemental requests for discovery. Case
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Speaker 1: numbers CR 29-22-2805. State of Idaho plaintiff versus Brian Christopher Kohlberger,
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Speaker 1: the defendant. The state of Idaho, by and through the
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Speaker 1: Latah County prosecuting attorney, respectfully moves the court, Pursuant to
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Speaker 1: Idaho Court Administrative Rule 32G1 and Idaho Code 74-124 for
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Speaker 1: a temporary order, sealing exhibits A and B attached to
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Speaker 1: the states, supplemental response to defendants first. Second and third
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Speaker 1: supplemental requests for discovery herein because release or disclosure would 1.
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Speaker 1: Interfere with enforcement proceedings. 2. Deprive a person of a
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Speaker 1: right to a fair trial or impartial adjudication. 2. Constitute
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Speaker 1: an unwarranted invasion of personal privacy. 3. Disclose the identity
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Speaker 1: of a confidential source and or 4. Disclose investigative techniques
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Speaker 1: and procedures. The state seeks this protection.
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Speaker 2: Pending a hearing on the matter.
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Speaker 1: Wherefore, the state respectfully prays that the court seal from
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Speaker 1: public disclosure exhibits A and B attached to the state's
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Speaker 1: supplemental response to defendants' first, second, and third supplemental requests
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Speaker 1: for discovery herein under the provisions of Idaho Court Administrative
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Speaker 1: Rule 32G1 and Idaho Code 74-124. Respectfully submitted this 8th
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Speaker 1: day of June, 2023. And this was signed by William Thompson.
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Speaker 1: Alright folks, that's going to do it for this one.
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Speaker 1: All of the information that goes with the episode can
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Speaker 1: be found in the description box.