Latest / The Vault: The Epstein Files / Murder In Moscow: The Experts Behind The case Against Bryan Kohberger (Part 10) (9/4/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. In
- 0:03Speaker 1: this episode, we're going to start taking a look at
- 0:05Speaker 1: the responses and rebuttals to the reports issued by the
- 0:09Speaker 1: experts lined up against Brian Koberger. And the first response
- 0:14Speaker 1: and rebuttal to report issued by Matthew Nodal on January 22nd, 2025.
- 0:21Speaker 1: Responses to rebuttal items in a report by Matt Nodal,
- 0:24Speaker 1: dated January 22nd, 2025. 1. Sutton Report, page 10. it
- 0:30Speaker 1: should be noted that there were no drip trails of
- 0:32Speaker 1: blood noted on the bedroom floor. Drip trails are indicative
- 0:35Speaker 1: of movement by a bleeding individual. Nodal comment. Drip trails
- 0:40Speaker 1: when present can represent movement of a bleeding person or
- 0:43Speaker 1: movement of an object with wet blood of sufficient volume
- 0:46Speaker 1: to continue to drip after blood acquisition, i.e. a bloody weapon,
- 0:50Speaker 1: can create a drip trail from the weapon being carried
- 0:53Speaker 1: away from a bloody source. Sutton response. Drip trails can
- 0:57Speaker 1: certainly indicate movement of an object with enough wet blood
- 1:00Speaker 1: to create drips, but this type of drip trail is
- 1:03Speaker 1: typically characterized by a small number of drips due to
- 1:07Speaker 1: the lack of a replenishing blood supply. In comparison, a
- 1:11Speaker 1: bleeding individual can create a longer, more continuous drip trail.
- 1:16Speaker 1: The comment made in my report was intended only to
- 1:18Speaker 1: address whether or not a continuous drip trail indicative of
- 1:22Speaker 1: bleeding individual was observed. 2. Sutton Report, page 22. A.
- 1:28Speaker 1: Marker 42 in image DSC 4585 and DSC 4587 depicts
- 1:34Speaker 1: a pattern transfer stain near the hinge side of the
- 1:37Speaker 1: exterior surface of the third level bedroom door. B. A
- 1:41Speaker 1: pattern transfer is created when a patterned object, which was
- 1:44Speaker 1: wet with liquid blood, made contact with the surface. The
- 1:48Speaker 1: appearance of this stain is consistent with diluted blood creating
- 1:51Speaker 1: this pattern transfer. Diluted blood is created when blood is
- 1:55Speaker 1: mixed with another liquid. C. Subsequent testing at marker 42
- 2:00Speaker 1: showed the DNA of Kelly Gonsalves. Notal comment. A. This stain,
- 2:05Speaker 1: as depicted in the Sutton report, image 4587, is an
- 2:09Speaker 1: altered blood stain. The appearance depicted in this image represents
- 2:12Speaker 1: what was left of the stain after the initial sampling
- 2:15Speaker 1: conducted by Detective Talbott. B. Original images of this stain
- 2:21Speaker 1: show it to be smaller spatter, black and white numbered
- 2:24Speaker 1: placard 42 of Talbott. The sample was then collected, likely
- 2:29Speaker 1: with excessive water applied to the swab, altering the original
- 2:32Speaker 1: appearance of the stain. Days later, when ISPFS laboratory processed
- 2:37Speaker 1: the scene, a yellow sticker, 42, was placed and the
- 2:41Speaker 1: after-collection appearance photographed C-figure 26, C. The stain was never
- 2:46Speaker 1: DNA tested and therefore it cannot be attributed as originating
- 2:51Speaker 1: from any specific individual. The misidentification of this sample may
- 2:55Speaker 1: be associated with with the renumbering system employed by Detective Payne.
- 3:00Speaker 1: Sutton response. Regarding alteration of stain 42. My description of
- 3:05Speaker 1: stain 42 was based on its appearance in image 4587. Mr.
- 3:10Speaker 1: Nodal had the advantage of seeing stain 42 in SITU.
- 3:15Speaker 1: If the original stain was in fact collected using excess water,
- 3:19Speaker 1: I agree with Mr. Nodal's opinion of it being an
- 3:21Speaker 1: altered spatter stain. Regarding the DNA profile of stain 42.
- 3:26Speaker 1: I was unaware of the change in numbering system as
- 3:28Speaker 1: it correlated to the description of the agency number in
- 3:32Speaker 1: the ISPFS worksheet described by Mr. Nodal. Bates 003289 The
- 3:39Speaker 1: misidentification of this sample may be associated with the renumbering
- 3:42Speaker 1: system employed by Detective Payne. After further investigation, I removed
- 3:47Speaker 1: any DNA results from stain 42, as it appears not
- 3:51Speaker 1: to have been tested. 3. Sutton Report, page 16 ISP
- 3:56Speaker 1: 5149 depicts the underside of the shelf above the headboard
- 3:59Speaker 1: of the bed. Spatter associated with impact are noted on
- 4:03Speaker 1: the underside of the shelf. These spatters represent the termination
- 4:07Speaker 1: of the spatters associated with impact seen on the wall
- 4:10Speaker 1: above the bed over the head. Notal comment. This part
- 4:16Speaker 1: of the assessment should also be considered cast off from
- 4:19Speaker 1: a body object being swung upward and towards the northeast
- 4:23Speaker 1: corner of the bed. Sutton response. While I agree that
- 4:27Speaker 1: a cast-off pattern may be intermingled with the impact spatters
- 4:30Speaker 1: on the underside of the shelf above Mogan's bed, it's
- 4:33Speaker 1: my opinion that a simple call of impact spatter is
- 4:36Speaker 1: more conservative. Sutton report page 30. Zanaker Nodal was injured
- 4:41Speaker 1: in proximity to this table. Nodal comment. As a single
- 4:46Speaker 1: drop deposited with potential dilution, it cannot be determined when
- 4:49Speaker 1: this drop arrived or what specific mechanism generated it. The
- 4:54Speaker 1: Sutton Report incorrectly reported that stain F revealed the DNA
- 4:58Speaker 1: of Xanakernodal. However, no record of this stain having been
- 5:01Speaker 1: tested for source DNA was located in the provided data.
- 5:06Speaker 1: No additional or accompanying blood stains, patterns, or transfers from
- 5:09Speaker 1: Kernodal are demonstrated in this area, so there is no
- 5:13Speaker 1: data to suggest Kernodal was injured at or near this table.
- 5:17Speaker 1: Bates 003291 Sutton Response The incorrect data profile Originally attributed
- 5:24Speaker 1: to Stain F has been corrected in the body of
- 5:26Speaker 1: this amended report. The conclusion stating that the finding of
- 5:30Speaker 1: Kernodle's blood on the table in the living room was
- 5:33Speaker 1: the basis for my conclusion and that she suffered an
- 5:35Speaker 1: injury at or near this table. My original reporting of
- 5:38Speaker 1: DNA from Stain F as being blood from Xanakernodle was
- 5:42Speaker 1: the result of my mistaken belief that the description of
- 5:45Speaker 1: a stain as being collected from the second floor study table.
- 5:48Speaker 1: ISPFS 22 Wilth with an alternative description of what I
- 5:53Speaker 1: referred to as the beer pong table in the living room.
- 5:56Speaker 1: This error has been corrected, and the conclusion drawn as
- 5:59Speaker 1: a result of this error has been deleted. Sutton Report,
- 6:02Speaker 1: page 56. The appearance of the stains indicated by the
- 6:06Speaker 1: yellow oval in DSC 4562 is consistent with diluted blood.
- 6:11Speaker 1: Diluted blood is created when blood is mixed with another liquid.
- 6:15Speaker 1: The mouth and nose injuries of Xanacranodal As noted in
- 6:18Speaker 1: the autopsy report are potential sources of diluted blood. Nodal comment.
- 6:23Speaker 1: As occurred with the stain on the third floor door,
- 6:26Speaker 1: item 42, this stain was also diluted through the collection
- 6:29Speaker 1: process after it had been documented by Detective Talbot. The
- 6:33Speaker 1: original deposit was not diluted and therefore does not fit
- 6:36Speaker 1: with the source from any mouth or nose injury to
- 6:39Speaker 1: occur nodal. The dilution of this stain is an artificial
- 6:42Speaker 1: remnant of sampling. Bates 003291. Sutton response. Regarding the alteration
- 6:49Speaker 1: of stain depicted in DSC 4562. As occurred with the
- 6:54Speaker 1: stain on the third floor door, item 42, my description
- 6:58Speaker 1: of this stain was based on its appearance in image
- 7:00Speaker 1: DSC 4562. Mr. Nodal had the advantage of seeing this
- 7:05Speaker 1: stain in SITU. If it's confirmed that the original stain
- 7:09Speaker 1: was collected using excess water, I agree with Mr. Nodal's
- 7:12Speaker 1: opinion of it being altered spattered stain. Regarding the conclusion
- 7:16Speaker 1: that the mouth and nose injuries of Xenocernodal, as noted
- 7:19Speaker 1: in the autopsy report, are potential sources of diluted blood,
- 7:23Speaker 1: this statement does not imply a substitute for DNA testing.
- 7:27Speaker 1: It is only stated as a potential source and was
- 7:29Speaker 1: not intended to exclude other mechanisms. Other evidence demonstrated that
- 7:35Speaker 1: only Cernodal and the perpetrator were moving about her bedroom.
- 7:38Speaker 1: This statement was meant simply to caution the reader that
- 7:41Speaker 1: in this particular instance, An innocuous explanation for diluted blood
- 7:46Speaker 1: should be considered in comparison to the dilution of blood
- 7:49Speaker 1: discovered in the adjacent living room. I am in complete
- 7:52Speaker 1: agreement with Mr. Nodal that potential mechanism other than blood
- 7:56Speaker 1: originating from the mouth and nose of the victims should
- 7:59Speaker 1: be considered and never intended to imply otherwise. 6. Sutton Report,
- 8:04Speaker 1: page 58. The appearance of these spatters is consistent with
- 8:08Speaker 1: diluted blood, see DSC 4892 cropped. The mouth and nose
- 8:12Speaker 1: injuries of Xanacronodon, as noted in the autopsy report, are
- 8:16Speaker 1: potential sources of diluted blood. These spatter stains originated from
- 8:21Speaker 1: an impact to a source of exposed blood located approximately
- 8:25Speaker 1: 3 feet and 7 inches above the floor. As indicated
- 8:28Speaker 1: by the scale, an image DSC 4892 cropped. Nodal comment.
- 8:34Speaker 1: This pattern of diluted blood, sample number 29, is consistent
- 8:38Speaker 1: in color and appearance to the diluted blood seen on
- 8:41Speaker 1: the pony, half wall, and adjacent areas, without source testing.
- 8:46Speaker 1: This spatter cannot be assigned as originating from kernodal, nor
- 8:50Speaker 1: can it be associated with injuries to kernodal without DNA
- 8:53Speaker 1: source testing. Sutton response. The pattern of diluted blood, sample 29,
- 8:59Speaker 1: may indeed have been created by the same source as
- 9:02Speaker 1: the diluted blood seen on the half wall and adjacent
- 9:05Speaker 1: areas in the living room. As is stated in my
- 9:08Speaker 1: original report, though, the mouth and nose injuries of Zanacur
- 9:11Speaker 1: Notal should also be considered. Sutton Report, page 61. The
- 9:16Speaker 1: appearance of these stains indicates that the blood has been
- 9:19Speaker 1: diluted with another liquid altering their appearance. The mouth and
- 9:22Speaker 1: nose injuries of Zanacur Notal, as noted in the autopsy report,
- 9:26Speaker 1: are potential sources of diluted blood. Notal comment. The proximity, height,
- 9:31Speaker 1: and location of the deposit is similar to the deposit
- 9:34Speaker 1: at position number 29. This is a pattern similar to
- 9:38Speaker 1: what was deposited onto the pony half wall and that
- 9:42Speaker 1: already diluted blood was deposited onto the door at this location.
- 9:46Speaker 1: Without further testing of sample number 29 or area Q,
- 9:50Speaker 1: no specific assignment of source or mechanism can be identified.
- 9:55Speaker 1: Bates number 003292 Sutton response. My statement that the diluted
- 10:00Speaker 1: blood is potentially attributable to the mouth and nose injuries
- 10:04Speaker 1: of Xanacarnotl was not meant to imply a substitute for
- 10:08Speaker 1: DNA testing. This statement was meant simply to caution the
- 10:11Speaker 1: reader that an innocuous explanation for diluted blood should be considered.
- 10:16Speaker 1: I'm in complete agreement with Mr. Nodal. that potential mechanisms
- 10:20Speaker 1: other than blood originating from the mouth and nose of
- 10:23Speaker 1: the victim should be considered and never intended to imply otherwise.
- 10:27Speaker 1: All right, folks, we're going to wrap up right there.
- 10:29Speaker 1: And in the next episode, we're going to pick up
- 10:31Speaker 1: with rebuttal Matthew Nodal report. All the information that goes
- 10:35Speaker 1: with this episode can be found in the description box.