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Murder In Moscow: John Judge Says Allows Cameras To Remain With Conditions · 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: today's episode, we're going to talk about Judge John Judge
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  Speaker 1: and the hearing that he held on Friday, November 3rd.
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  Speaker 1: And while we've talked about the IGG ruling, we have
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  Speaker 1: to talk a little bit more about the cameras, because
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  Speaker 1: Judge Judge certainly looks like he's leaning towards having these
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  Speaker 1: cameras in the courtroom. However, that's going to come with
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  Speaker 1: a certain amount of responsibility for the legacy media. And
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  Speaker 1: hopefully they can handle their business like professionals and not
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  Speaker 1: try and fire off a bunch of salacious BS. Because
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  Speaker 1: if they don't follow Judge Judge's guidelines, forget it. He's
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  Speaker 1: going to remove those cameras. And then we're going to
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  Speaker 1: have to rely on people to give us a secondhand
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  Speaker 1: report about what went down. And the only silver lining
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  Speaker 1: in that is the fact that the reporter up there
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  Speaker 1: in Idaho, Nate Eaton, does a really good job when
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  Speaker 1: it comes to courtroom reporting. And he really hit it
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  Speaker 1: out of the park covering the Lori Vallow case. But
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  Speaker 1: even so, I want to be able to see what's
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  Speaker 1: going down for myself. And I'm sure that most of
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  Speaker 1: you out there want the same thing. Today's article is
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  Speaker 1: from Fox News and the headline. Brian Kohlberger case. Idaho
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  Speaker 1: judge allows cameras to remain in the courtroom. Judge John
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  Speaker 1: Judge has not yet issued a formal order on the matter.
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  Speaker 1: I'm sure he has, and it just hasn't hit the
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  Speaker 1: docket yet. Remember, there's always a delay. as far as
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  Speaker 1: court documents go, when they're getting filed, and when they
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  Speaker 1: actually hit the docket. And then if they're filed under seal,
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  Speaker 1: we're never going to see them. So there could be
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  Speaker 1: a bunch of stuff going on behind the scenes, as
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  Speaker 1: far as documents filed under seal, that we just don't
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  Speaker 1: have any information about. But if and when these orders
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  Speaker 1: hit the docket, obviously, we'll get them added to the catalog.
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  Speaker 1: This article was authored by Michael Ruiz. At a recent
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  Speaker 1: hearing for Idaho student murder suspect Brian Kohlberger, Latah County
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  Speaker 1: District Judge John Judge urged the media and other courtroom
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  Speaker 1: spectators to have some dignity and some restraint, while stating
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  Speaker 1: he was not going to ban cameras from the proceedings.
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  Speaker 1: So in other words, what he's saying is, I'm going
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  Speaker 1: to give you all enough rope to hang yourselves with,
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  Speaker 1: and if you act like a bunch of mutants, then
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  Speaker 1: cameras are gone. That's basically what the judge is telling
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  Speaker 1: the the media, and anybody else who decides that they're
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  Speaker 1: going to go up here and watch justice unfold. I
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  Speaker 1: haven't put a decision out yet, but what I'm going
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  Speaker 1: to do is take control of the cameras in the courtroom.
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  Speaker 1: I'm not going to ban cameras in the courtroom, he
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  Speaker 1: said at the start of the hearing on Friday, but
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  Speaker 1: I need to have more control over what the cameras
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  Speaker 1: are doing and what media or people who are not
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  Speaker 1: media are doing with the filming. That is a monumental task.
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  Speaker 1: Once those videos get out there, Once the pictures get
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  Speaker 1: out there, you can't really control what people on social
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  Speaker 1: media do. You can't control what people are, you know,
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  Speaker 1: photoshopping or using AI for nowadays, right? You don't know
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  Speaker 1: what's real or what's fake. Even videos now are altered
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  Speaker 1: to a point where it's very difficult to ascertain if
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  Speaker 1: it's real or not. That's how good some of these
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  Speaker 1: deep fakes are. So while the judge can control the
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  Speaker 1: cameras in the courtroom, no doubt about that, Once that
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  Speaker 1: video gets out there, once that content gets out there,
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  Speaker 1: then it's into a black hole, basically, and social media
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  Speaker 1: is going to do what social media is going to do.
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  Speaker 1: Judge Judge has taken issue in the past with how
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  Speaker 1: the media and other spectators have recorded and used courtroom images.
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  Speaker 1: And both the prosecution and defense urged them in court
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  Speaker 1: filings to kick cameras out. And usually when you have
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  Speaker 1: the prosecution and the defense agreeing on something, especially in
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  Speaker 1: a capital punishment case, the court will defer to what
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  Speaker 1: they want and do what they want. But in this instance,
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  Speaker 1: Judge Judge recognizes how important it is for there to
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  Speaker 1: be some transparency here. Considering the shroud of secrecy that
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  Speaker 1: this has been covered in, as far as leading up
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  Speaker 1: to the trial, it's always good to have transparency when
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  Speaker 1: we get to the destination where we're trying to go.
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  Speaker 1: And that destination, obviously, is the trial. The move set
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  Speaker 1: the table for a constitutional balancing act as the court
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  Speaker 1: weighs the public's First Amendment rights alongside Koberger's Sixth Amendment
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  Speaker 1: and Fourteenth Amendment rights to a fair trial. And historically,
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  Speaker 1: this has been one of the most difficult balancing acts
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  Speaker 1: for judges who are put into situations like this. You
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  Speaker 1: have to respect everybody's rights, whether it's the public's rights
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  Speaker 1: to have a look at what's going on or especially
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  Speaker 1: the person who's on trial. Their rights, their Sixth Amendment rights,
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  Speaker 1: and their Fourteenth Amendment rights, they supersede our First Amendment
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  Speaker 1: rights in situations like this, and that's according to the
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  Speaker 1: Supreme Court. So the fact that Judge Judge is willing
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  Speaker 1: to balance on a knife's edge here is commendable. He
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  Speaker 1: could have just done the easy thing and banned cameras.
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  Speaker 1: There is also massive public interest in the case, and
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  Speaker 1: taxpayers are footing the bill all the way around, and
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  Speaker 1: they mean that literally. Kohlberger's attorneys are being paid for
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  Speaker 1: by the taxpayer as well. He didn't have any money
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  Speaker 1: to hire his own team, so they gave him and
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  Speaker 1: Taylor and the team that he has around him right now.
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  Speaker 1: So the state of Idaho is on the hook for
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  Speaker 1: the bill all the way around. And that's why you
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  Speaker 1: saw the governor give them that injection of money, that
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  Speaker 1: injection of cash down in Latah County, so that they
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  Speaker 1: can continue with their investigation and continue to meet their
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  Speaker 1: budgetary constraints. I know I can only control so much,
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  Speaker 1: and that's why I continue to urge people to be
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  Speaker 1: patient and have some dignity and some restraint, Judge said.
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  Speaker 1: The court has already issued a restrictive gag order on
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  Speaker 1: the case, barring lawyers for both sides, investigators, and even
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  Speaker 1: expert witnesses from discussing details beyond the public record. And
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  Speaker 1: that's what Shannon Gray was trying to challenge when he
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  Speaker 1: asked to be exempt from the gag order. And then
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  Speaker 1: obviously Judge Judge, in a 32-page ruling... denied that request
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  Speaker 1: and said that Shannon Gray has to act under the
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  Speaker 1: constraints of the Idaho rules and under the rules of
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  Speaker 1: the gag order. We don't want to have a trial
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  Speaker 1: in the media or in the public, Judge said during
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  Speaker 1: a June 27th hearing. We want it to be in
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  Speaker 1: the courtroom. In that hearing, he told photographers not to
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  Speaker 1: focus on the tabletops where lawyers place their notes and
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  Speaker 1: not to focus continually on the defendant. In his latest instructions,
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  Speaker 1: he also told photographers... not to take photos or video
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  Speaker 1: when the court is not on the record. So these
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  Speaker 1: are all pretty basic instructions that Judge Judge is giving
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  Speaker 1: to the media, and hopefully the media members who are
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  Speaker 1: present in court are going to take them seriously. Prosecutors
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  Speaker 1: have also asked to have cameras removed from the Kohlberger case,
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  Speaker 1: although court filings showed that they were also open to
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  Speaker 1: keeping them under certain restrictions, such as removing them during
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  Speaker 1: some sensitive witness testimony. And mainly, when the surviving roommates
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  Speaker 1: were testifying, that was their fear, that they'd clam up
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  Speaker 1: because there were cameras on, and they know that those
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  Speaker 1: cameras are going to broadcast their image around the world.
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  Speaker 1: So not everybody's comfortable in front of a camera, and
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  Speaker 1: the prosecution wants to make sure that there are some
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  Speaker 1: restraints in place for them to use, or for the
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  Speaker 1: judge to use, in case they have sensitive testimony that
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  Speaker 1: they don't want the public to hear. And from what
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  Speaker 1: Judge Judge is saying earlier in the hearing here, It
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  Speaker 1: seems like that's the way he's going to go. If
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  Speaker 1: he has control over those cameras, then he's obviously going
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  Speaker 1: to make the call on what's going to be broadcast
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  Speaker 1: and what's not going to be broadcast. And I think
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  Speaker 1: that's the right way to do it. The judge should
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  Speaker 1: make the decision, have him be in total control here,
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  Speaker 1: and then all sides are just going to have to
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  Speaker 1: live with it. Koberger is accused of fatally stabbing four
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  Speaker 1: University of Idaho students in the early morning hours of
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  Speaker 1: November 13th, 2022. Kaylee Gonsalves and Madison Mogan, 21-year-old best friends,
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  Speaker 1: were discovered dead in the same third-story bedroom of their
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  Speaker 1: off-campus rental house in Moscow. On the second floor, police
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  Speaker 1: found the bodies of housemate Zanna Kernodle and her boyfriend
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  Speaker 1: Ethan Chapin, both 20. On the knife sheath under Mogan's body,
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  Speaker 1: investigators allegedly recovered a DNA sample that led them to Kohlberger,
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  Speaker 1: according to a probable cause affidavit. Authorities have said that
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  Speaker 1: at least some of the victims were sleeping at the
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  Speaker 1: start of the ambush. A surviving housemate told police that
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  Speaker 1: after overhearing the struggle, she saw a masked man with
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  Speaker 1: bushy eyebrows walk out the back door. And that's still
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  Speaker 1: just so crazy. We're going to need to hear that
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  Speaker 1: whole entire story, and I think we're going to, once
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  Speaker 1: the trial starts. Because there's no doubt that we're missing...
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  Speaker 1: A bunch of details, we're missing a bunch of key
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  Speaker 1: pieces of information, and we're certainly missing a lot of context.
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  Speaker 1: Judge entered not guilty pleas on Kohlberger's behalf to four
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  Speaker 1: charges of first-degree murder and a felony count of burglary
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  Speaker 1: at his arraignment in May. He also denied Kohlberger's attempt
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  Speaker 1: to dismiss the indictment last week. Kohlberger said through an
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  Speaker 1: attorney after his arrest in Pennsylvania that he looked forward
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  Speaker 1: to being exonerated. You know, that's funny that he says that.
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  Speaker 1: As a New York Jets fan, I look forward to
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  Speaker 1: the New York Jets winning the Super Bowl every year.
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  Speaker 1: And then guess what? Every year, I'm disappointed. And I
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  Speaker 1: have a funny feeling that's going to be the fate
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  Speaker 1: of Brian Kohlberger as well. Unless there's some kind of
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  Speaker 1: huge change here, folks, and there's something introduced, or we
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  Speaker 1: find out about prosecutorial misconduct, or something along those lines,
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  Speaker 1: I have zero idea how Brian Kohlberger and his team
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  Speaker 1: think they're going to get off. When you have all
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  Speaker 1: of the evidence that we see here, whether it's the
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  Speaker 1: circumstantial evidence or the DNA evidence that ties all that
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  Speaker 1: circumstantial evidence together, it all leads to the same place,
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  Speaker 1: in my opinion. And that place is Brian Kohlberger being
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  Speaker 1: found guilty. All of the information that goes with this
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  Speaker 1: episode can be found in the description box.