Latest / Beyond The Horizon / Mega Edition: The Media Coalition In The Kohberger Case And Their Battle For Courtroom Access (9/14/26)

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Mega Edition: The Media Coalition In The Kohberger Case And Their Battle For Courtroom Access (9/14/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. In
• 0:03
  Speaker 1: this episode we're going to get to a bunch of
• 0:06
  Speaker 1: declarations in support of the supplemental memorandum on camera access
• 0:12
  Speaker 1: in the courtroom. And considering these declarations are not that long,
• 0:17
  Speaker 1: I've combined them all into one episode. That way they'll
• 0:20
  Speaker 1: all be in one place if you want to reference
• 0:23
  Speaker 1: them later on down the road. So let's dive into
• 0:26
  Speaker 1: the first of these declarations and this one Is the
• 0:30
  Speaker 1: declaration of Jillian Flackus in support of supplemental memorandum on
• 0:36
  Speaker 1: camera access in the courtroom? Case number CR 29-22-2805. State
• 0:43
  Speaker 1: of Idaho Plaintiff vs. Brian C. Koberger, the defendant. I,
• 0:51
  Speaker 1: Jillian Flackus, declare and state as follows. 1. I am
• 0:56
  Speaker 1: the Assistant News Director of for the Pacific, Northwest, Alaska,
• 1:00
  Speaker 1: and Hawaii for the Associated Press. As such, I have
• 1:05
  Speaker 1: personal knowledge of the facts and statements contained in this declaration. 2.
• 1:10
  Speaker 1: Before learning that there would be pool coverage of Mr.
• 1:14
  Speaker 1: Koberger's arraignment, the Associated Press intended to send two or
• 1:18
  Speaker 1: three representatives to cover the proceeding in person. When the
• 1:23
  Speaker 1: Associated Press learned that there would be pool coverage of
• 1:26
  Speaker 1: the arraignment, It decided to instead send zero representatives to
• 1:31
  Speaker 1: attend the arraignment in person because the Associated Press knew
• 1:35
  Speaker 1: the pool coverage would provide all the information needed to
• 1:38
  Speaker 1: accurately and fairly report on the arraignment. I declare under
• 1:43
  Speaker 1: the penalty of perjury under the laws of the state
• 1:45
  Speaker 1: of Idaho that the foregoing is true and correct. This
• 1:49
  Speaker 1: was dated on June 2nd of 2023 and it was
• 1:53
  Speaker 1: signed by Jillian Flackus. And moving on to the next document,
• 1:58
  Speaker 1: we have the declaration of Taylor Murfin Doreski in support
• 2:03
  Speaker 1: of motion to vacate the amended non-dissemination order. Case number
• 2:08
  Speaker 1: CR 29-2805. The state of Idaho. Plaintiff. First Brian C. Koberger,
• 2:15
  Speaker 1: the defendant. I, Taylor Murfin Doreski, declare and state as follows. One,
• 2:22
  Speaker 1: I am an investigative reporter for King TV. a division
• 2:26
  Speaker 1: of King Broadcasting Company. As such, I have personal knowledge
• 2:30
  Speaker 1: of the facts and statements contained in this declaration. Two,
• 2:34
  Speaker 1: I have reported on the murders at the University of
• 2:37
  Speaker 1: Idaho and the arrest and now prosecution of Brian C. Koberger.
• 2:42
  Speaker 1: To provide fair and accurate reporting of information that would
• 2:45
  Speaker 1: be valuable to the communities impacted by the murders, I
• 2:49
  Speaker 1: submitted public records requests to the Latah County Sheriff's Office
• 2:53
  Speaker 1: and Moscow Police Department. My public records request was denied
• 2:58
  Speaker 1: because of the gag order issued in this case. I
• 3:01
  Speaker 1: declare under penalty of perjury under the laws of the
• 3:04
  Speaker 1: state of Idaho that the foregoing is true and correct.
• 3:08
  Speaker 1: This was dated June 1st, 2023, and it was signed
• 3:13
  Speaker 1: by Taylor Murfin-Doreski. The next document we have is the
• 3:18
  Speaker 1: declaration of Sally Krutzig in support of motion to vacate
• 3:22
  Speaker 1: the amended non-dissemination order. Case numbers CR 29-22-2805. State of
• 3:30
  Speaker 1: Idaho Plaintiff vs. Brian C. Koberger, the defendant. I, Sally Krutzig,
• 3:37
  Speaker 1: declare and state as follows. 1. I am a reporter
• 3:41
  Speaker 1: for the Idaho Statesman. As such, I have personal knowledge
• 3:44
  Speaker 1: of the facts and statements contained in the declaration. 2.
• 3:48
  Speaker 1: I have reported on the murders at the University of
• 3:51
  Speaker 1: Idaho and the arrest and now prosecution of of Brian C. Koberger.
• 3:56
  Speaker 1: To provide fair and accurate reporting of information that would
• 4:00
  Speaker 1: be valuable to the communities impacted by the murders, I
• 4:04
  Speaker 1: asked the Moscow Police Department about the size of Moscow's
• 4:07
  Speaker 1: jail and the size of Mr. Koberger's cell. The Moscow
• 4:11
  Speaker 1: Police Department declined to answer my questions, stating that it
• 4:15
  Speaker 1: was bound by a gag order issued in this case.
• 4:18
  Speaker 1: I declare under penalty of perjury under the laws of
• 4:21
  Speaker 1: the state of Idaho that the foregoing is true. And correct.
• 4:25
  Speaker 1: Dated June 1st, 2023. And signed by Sally Krutzig. The
• 4:32
  Speaker 1: next document we have is the declaration of Elizabeth Morgan Boydston, a.k.a.
• 4:38
  Speaker 1: Morgan Romero, in support of motion to vacate the amended
• 4:42
  Speaker 1: non-dissemination order. Case number CR 29-22-2805. State of Idaho plaintiff.
• 4:51
  Speaker 1: First Brian C. Kohlberger, the defendant. I, Elizabeth Morgan Boydston, a.k.a.
• 4:57
  Speaker 1: Morgan Romero, declare and state as follows. One, I am
• 5:01
  Speaker 1: an anchor and investigative reporter for KTVB News Group. As such,
• 5:06
  Speaker 1: I have personal knowledge of the facts and statements contained
• 5:10
  Speaker 1: in this declaration. Two, I have reported on the murders
• 5:14
  Speaker 1: at the University of Idaho and the arrest and now
• 5:16
  Speaker 1: prosecution of Brian C. Koberger. to provide fair and accurate
• 5:21
  Speaker 1: reporting of information that would be valuable to the communities
• 5:25
  Speaker 1: impacted by the murders? I asked Gary Jenkins, the chief
• 5:28
  Speaker 1: of police at Washington State University, and Matt Young, the
• 5:32
  Speaker 1: communications coordinator for the city of Pullman, whether Mr. Koberger
• 5:36
  Speaker 1: was ever offered a graduate assistant research position with the
• 5:40
  Speaker 1: Pullman Police Department. They both declined to answer my question,
• 5:44
  Speaker 1: stating that they were bound by a gag order issued
• 5:47
  Speaker 1: in this case. I declare under penalty of perjury under
• 5:51
  Speaker 1: the laws of the state of Idaho that the foregoing
• 5:54
  Speaker 1: is true and correct. This was dated June 1st, 2023,
• 5:59
  Speaker 1: and it was signed by Elizabeth Morgan Boydston, a.k.a. Morgan Romero.
• 6:05
  Speaker 1: The next document we have is the declaration of Erica
• 6:08
  Speaker 1: Zuko in support of motion to vacate the amended non-dissemination order.
• 6:14
  Speaker 1: Case number CR 29-22-2805. State of Idaho Plaintiff vs. Brian C. Koberger,
• 6:23
  Speaker 1: the defendant. I, Eric Azucco, declare and state as follows. 1.
• 6:29
  Speaker 1: I am an environmental and general assignment reporter for King TV,
• 6:33
  Speaker 1: a division of King Broadcasting Company. As such, I have
• 6:37
  Speaker 1: personal knowledge of the facts and statements contained in this declaration. 2.
• 6:43
  Speaker 1: I have reported on the murders at the University of
• 6:45
  Speaker 1: Idaho and the arrest and now prosecution of Brian C. Koberger.
• 6:50
  Speaker 1: To provide fair and accurate reporting of information that would
• 6:54
  Speaker 1: be valuable to the communities impacted by the murders, I
• 6:57
  Speaker 1: asked Moscow Mayor Art Betke about how the Moscow community
• 7:02
  Speaker 1: was healing. Mayor Betke declined to answer my question, stating
• 7:06
  Speaker 1: that the city attorney advised that he was bound by
• 7:08
  Speaker 1: a gag order issued in this case. I declare under
• 7:12
  Speaker 1: penalty of perjury under the laws of the state of
• 7:14
  Speaker 1: Idaho that the foregoing is true and correct. Dated June 1st,
• 7:20
  Speaker 1: 2023 and signed by Erica Zuko. The next document we
• 7:24
  Speaker 1: have is the declaration of Annette Levy in support of
• 7:27
  Speaker 1: motion to vacate the amended non-dissemination order. State of Idaho
• 7:32
  Speaker 1: plaintiff versus Brian C. Koberger, the defendant. I, Annette Levy,
• 7:37
  Speaker 1: declare in state as follows. One, since 2020, I have
• 7:42
  Speaker 1: been the on-air host, correspondent and producer at Law News Incorporated,
• 7:46
  Speaker 1: DBA Law and Crime. One of the members of the
• 7:49
  Speaker 1: media coalition in this action and multi-platform media company live
• 7:54
  Speaker 1: trial network that covers true crime, legal news, and high
• 7:58
  Speaker 1: profile criminal cases. Two, I have over 20 years of
• 8:02
  Speaker 1: experience in broadcast journalism, television production, and general reporting news coverage.
• 8:09
  Speaker 1: I graduated from the university of Cincinnati with a bachelor
• 8:12
  Speaker 1: of arts degree in communication over the past several decades
• 8:16
  Speaker 1: and Since the beginning of my career in 2001, I
• 8:20
  Speaker 1: have worked as a reporter, producer, anchor, host, and correspondent
• 8:25
  Speaker 1: at various local news radio stations, television networks, and other
• 8:30
  Speaker 1: media entities. I have extensively covered numerous high-profile trials in
• 8:36
  Speaker 1: the past, including those of Kyle Rittenhouse, Derek Chauvin, Johnny Depp,
• 8:41
  Speaker 1: and Alec Murdaugh. In 2015, I was nominated for an
• 8:45
  Speaker 1: Emmy Award for my reporting for a missing toddler in Milford, Ohio.
• 8:50
  Speaker 1: Number three, in November of 2022, four University of Idaho
• 8:55
  Speaker 1: students were found fatally stabbed in an off-campus residence in Moscow, Idaho.
• 9:01
  Speaker 1: On December 30th, 2020, Brian Koberger was arrested in Monroe County,
• 9:06
  Speaker 1: Pennsylvania on four counts of first-degree murder and felony burglary,
• 9:11
  Speaker 1: with a trial set to go forward in October of 2023.
• 9:16
  Speaker 1: Just one week after Mr. Koberger's arrest, a gag order
• 9:19
  Speaker 1: was issued in this case, restricting investigators, law enforcement personnel,
• 9:25
  Speaker 1: or attorneys from speaking about the case. 4. Since the
• 9:30
  Speaker 1: onset of this case, I have been the lead reporter
• 9:32
  Speaker 1: covering this matter for Law and Crime. 5. I have
• 9:36
  Speaker 1: issued various forms of requests for information and access in
• 9:40
  Speaker 1: order to provide fair and and accurate reporting of information
• 9:44
  Speaker 1: that would be valuable to the communities impacted by the murders. Specifically,
• 9:49
  Speaker 1: I have issued document requests, approached subjects for interviews, and
• 9:53
  Speaker 1: sought to speak with various government officials with a knowledge
• 9:57
  Speaker 1: on the matter, even for background purposes. Number six, on
• 10:02
  Speaker 1: January 4th, 2023, my team and I issued an open
• 10:06
  Speaker 1: records request associated with an August 2022 traffic stop for
• 10:11
  Speaker 1: Brian Kohlberger from the Latah County Sheriff's Office in Moscow, Idaho,
• 10:15
  Speaker 1: and received a denial, with the office citing active prosecution
• 10:19
  Speaker 1: as one of the reasons. Number seven, on January 5th, 2023,
• 10:25
  Speaker 1: our team issued a public records request for records from
• 10:28
  Speaker 1: the Pullman Police Department in Pullman, Washington, regarding Mr. Koberger's application, essay,
• 10:35
  Speaker 1: and materials from his fall 2022 application for an internship
• 10:40
  Speaker 1: with the Pullman Police Department, and received a denial. with
• 10:43
  Speaker 1: the department citing an open investigation as the reasoning. 8.
• 10:48
  Speaker 1: On January 5, 2023, our team issued a request for
• 10:52
  Speaker 1: the booking video of Mr. Kohlberger from the Latah County
• 10:56
  Speaker 1: Sheriff's Office in Moscow, Idaho, and received a denial, with
• 11:00
  Speaker 1: the office citing the court's gag order as the reasoning
• 11:03
  Speaker 1: via email. 9. On January 10, 2023, I contacted Captain
• 11:09
  Speaker 1: Dollinger of the Moscow Police Department in Moscow, Idaho, requesting
• 11:13
  Speaker 1: to speak with either him or Police Chief James Fry
• 11:17
  Speaker 1: regarding the general topic of patrolling in the Idaho area
• 11:21
  Speaker 1: and how they were aiming to make the students feel
• 11:23
  Speaker 1: safe on campus. In the aftermath of the murders, I
• 11:27
  Speaker 1: received a denial and Captain Dollinger informed me that neither
• 11:30
  Speaker 1: him nor Chief Fry were conducting any further interviews due
• 11:35
  Speaker 1: to the judge's gag order. Number 10. On January 10, 2023,
• 11:38
  Speaker 1: I contacted Aaron Snell, communications director of the Idaho State Police,
• 11:46
  Speaker 1: to request information regarding enhanced patrols and an interview. Although
• 11:51
  Speaker 1: I specifically clarified we can conduct the interview in a
• 11:54
  Speaker 1: manner that does not violate the gag order, I did
• 11:57
  Speaker 1: not receive the interview I requested. 11. On April 24, 2023,
• 12:00
  Speaker 1: I contacted Kellyanne Valoria, legal counsel for one of the
• 12:08
  Speaker 1: surviving housemates of the students who were murdered to request
• 12:11
  Speaker 1: a copy of the motion to quash that she filed
• 12:14
  Speaker 1: in response to a subpoena issued for her client by Mr.
• 12:18
  Speaker 1: Koberger's defense attorney. Ms. Valoria responded by attaching a copy
• 12:23
  Speaker 1: of the court's gag order via email and did not
• 12:25
  Speaker 1: provide any further information. Number 12. Finally, on April 24th, 2023,
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  Speaker 1: I filed a request to inspect or copy judicial records
• 12:37
  Speaker 1: with the Latah County Courthouse in Moscow, Idaho. Specifically, I
• 12:42
  Speaker 1: requested documents related to the subpoena for Ms. Valoria's client
• 12:46
  Speaker 1: and the motion to quash regarding the same subpoena. Despite
• 12:50
  Speaker 1: the fact that these were documents publicly filed in an
• 12:53
  Speaker 1: open court, I received a denial written response citing Idaho
• 12:57
  Speaker 1: Court Administrative Rule 32G-15, which states documents filed or lodged
• 13:03
  Speaker 1: with the court in camera are exempt from disclosure. Number 13.
• 13:09
  Speaker 1: In regard to the inquiries and requests made referenced in
• 13:12
  Speaker 1: paragraphs 8, 9, and 11 in this declaration, I was
• 13:17
  Speaker 1: explicitly informed I was being denied access to pertinent information
• 13:21
  Speaker 1: regarding this matter due to the gag order that was implemented.
• 13:25
  Speaker 1: I declare under penalty of perjury under the laws of
• 13:29
  Speaker 1: the state of Idaho that the foregoing is true and correct.
• 13:32
  Speaker 1: This was dated June 2nd of 2023 and it was
• 13:36
  Speaker 1: signed by Annette Levy. The next document we have is
• 13:40
  Speaker 1: the declaration of Alex Brizzi in support of motion to
• 13:44
  Speaker 1: vacate the amended non-dissemination order. Case number CR 29-22-2805. State
• 13:51
  Speaker 1: of Idaho Plaintiff vs. Brian C. Kohlberger, the defendant. I,
• 13:57
  Speaker 1: Alex Brizzi, declare in state as follows. 1. I am
• 14:01
  Speaker 1: a breaking news and criminal justice reporter for the Idaho Statesman.
• 14:05
  Speaker 1: As such, I have a personal knowledge of the facts
• 14:08
  Speaker 1: and statements contained in this declaration. Two, I have reported
• 14:13
  Speaker 1: on the murders at the University of Idaho and the
• 14:15
  Speaker 1: arrest and now prosecution of Brian Kohlberger. To provide fair
• 14:20
  Speaker 1: and accurate reporting of information that would be valuable to
• 14:23
  Speaker 1: the communities impacted by the murders, I asked the Moscow
• 14:26
  Speaker 1: Police Department about the number of cell phone towers in
• 14:29
  Speaker 1: the area where the murders at the University of Idaho occurred.
• 14:34
  Speaker 1: The Moscow Police Department declined to answer my question, stating
• 14:37
  Speaker 1: that it was bound by a gag order issued in
• 14:40
  Speaker 1: this case. I declare, under the penalty of perjury, under
• 14:44
  Speaker 1: the laws of the state of Idaho, that the foregoing
• 14:47
  Speaker 1: is true and correct. This was dated June 1st, 2023,
• 14:52
  Speaker 1: and it was signed by Alex Brizzi. And finally, the
• 14:56
  Speaker 1: last document we have, is the declaration of Chris Ingalls
• 15:00
  Speaker 1: in support of motion to vacate the amended non-dissemination order.
• 15:06
  Speaker 1: Case number CR 29-22-2805 State of Idaho Plaintiff vs. Brian C. Koberger,
• 15:14
  Speaker 1: the defendant. I, Chris Ingalls, declare and state as follows. 1.
• 15:20
  Speaker 1: I am an investigative reporter for King TV, a division
• 15:23
  Speaker 1: of King Broadcasting Company. As such, I have personal knowledge
• 15:28
  Speaker 1: of the facts and statements contained in this declaration. Two,
• 15:32
  Speaker 1: I have reported on the murders at the University of
• 15:34
  Speaker 1: Idaho and the arrest and now prosecution of Brian C. Kohlberger.
• 15:39
  Speaker 1: To provide fair and accurate reporting of information that would
• 15:43
  Speaker 1: be valuable to the communities impacted by the murders, I
• 15:47
  Speaker 1: asked Major Christopher Parris of the Pennsylvania State Police whether
• 15:51
  Speaker 1: law enforcement had launched any review of unsolved cases that
• 15:55
  Speaker 1: could be linked to Mr. Kohlberger. Mr. Paris declined to
• 15:59
  Speaker 1: answer my question, stating that he was bound by a
• 16:02
  Speaker 1: gag order issued in this case. I declare under the
• 16:05
  Speaker 1: penalty of perjury under the laws of the state of
• 16:08
  Speaker 1: Idaho that the foregoing is true and correct. This was
• 16:12
  Speaker 1: dated June 1st, 2023, and it was signed by Chris Ingalls.
• 16:18
  Speaker 1: All right, folks, that's going to do it for this
• 16:20
  Speaker 1: document dump. Like usual, more is on the way. All
• 16:25
  Speaker 1: of the information that goes with this episode can be
• 16:28
  Speaker 1: found in the description box. What's up everyone and welcome
• 16:32
  Speaker 1: back to the program. I know we've been focusing a
• 16:36
  Speaker 1: whole lot on what's going on with Diddy, but before
• 16:39
  Speaker 1: we know it, it's going to be time for Brian
• 16:41
  Speaker 1: Kohlberger's trial up in Idaho. And as you all know,
• 16:45
  Speaker 1: that's going to be an absolute circus. And according to
• 16:49
  Speaker 1: this article from the Idaho Statesman, that circus is already beginning.
• 16:55
  Speaker 1: as the national media looks to descend on Ada County
• 16:58
  Speaker 1: for the Brian Koberger trial. And if you think we've
• 17:02
  Speaker 1: been witnessing a circus anywhere else, boy, wait till you
• 17:06
  Speaker 1: get a load of this. I don't think it's crazy
• 17:09
  Speaker 1: to say that there's going to be so much media
• 17:11
  Speaker 1: here that they're going to be crawling all over each
• 17:13
  Speaker 1: other to try and find spots. And on the initial
• 17:18
  Speaker 1: media call with Judge Cawthorn in Idaho, Over 100 people
• 17:23
  Speaker 1: were on the call from the media, throwing all kinds
• 17:27
  Speaker 1: of crazy requests out at the judge about what they
• 17:30
  Speaker 1: think should happen for the Brian Kohlberger trial. So in
• 17:35
  Speaker 1: this episode, we're going to dive into an article from
• 17:37
  Speaker 1: the Idaho Statesman, and we're going to get caught up. Headline,
• 17:42
  Speaker 1: Media Present Vital in the Upcoming Trial of Brian Kohlberger.
• 17:47
  Speaker 1: This article was authored by the editorial board. Ada County
• 17:52
  Speaker 1: is about to get its third major national interest trial
• 17:55
  Speaker 1: in little more than two years. And for a little
• 17:59
  Speaker 1: place like Idaho, that seems like an inordinate amount of
• 18:03
  Speaker 1: crazy-ass media to be showing up. And while the Chad
• 18:05
  Speaker 1: Daybell and Lori Vallow trials most certainly would be considered
• 18:09
  Speaker 1: a circus, I don't think they're going to hold a
• 18:11
  Speaker 1: candle to what we're about to see when it comes
• 18:13
  Speaker 1: to Brian Kohlberger. And while the county's experience with the
• 18:18
  Speaker 1: trials of Lori Vallow Daybell in 2023 is and Chad
• 18:21
  Speaker 1: Daybell in 2024 were valuable, the upcoming trial of Brian
• 18:26
  Speaker 1: Kohlberger promises to be of even higher interest. And based
• 18:32
  Speaker 1: on the recent media briefing call with District Judge James Cawthon,
• 18:36
  Speaker 1: the Ada County Courthouse could turn into a zoo. Not could,
• 18:40
  Speaker 1: it's definitely going to turn into a zoo. There is
• 18:43
  Speaker 1: going to be so many people there covering this case.
• 18:46
  Speaker 1: Everything from TikTok psychics to the legacy media outfits that
• 18:51
  Speaker 1: are going to be there. And they're going to be
• 18:53
  Speaker 1: there with their vans and their trailers, their RVs, the
• 18:56
  Speaker 1: whole thing. This is going to be a gigantic trial.
• 19:03
  Speaker 1: More than 100 people were on the call with Cawthon,
• 19:06
  Speaker 1: including local journalists such as reporters from the Idaho Statesman
• 19:10
  Speaker 1: and the Associated Press. as well as national reporters from ABC,
• 19:14
  Speaker 1: Fox News, and NBC. National journalists were asking about parking
• 19:19
  Speaker 1: for reporters and TV trucks, reserving areas for live shots
• 19:23
  Speaker 1: in front of the courthouse, and allowing tents outside the
• 19:25
  Speaker 1: courthouse during those hot summer days once the trial begins
• 19:29
  Speaker 1: in early August. So they're trying to get all of
• 19:32
  Speaker 1: the housekeeping done now. They want to have everything locked
• 19:36
  Speaker 1: in as far as the media is concerned, so that
• 19:38
  Speaker 1: when they go rolling in to Ada County, up to Boise,
• 19:42
  Speaker 1: They have everything that they need as far as the
• 19:44
  Speaker 1: governing rules of the courthouse. The question is, what are
• 19:48
  Speaker 1: those governing rules going to be? And we know that
• 19:51
  Speaker 1: there's only so much room in the courtroom, so there's
• 19:54
  Speaker 1: going to be gigantic lines, obviously, as people try and
• 19:58
  Speaker 1: jockey to get those spots. Now, if you're an enterprising
• 20:02
  Speaker 1: young man or woman, maybe you should be heading up
• 20:05
  Speaker 1: to Ada County and charging people to wait in line
• 20:07
  Speaker 1: for them. I was reading some story about some dude
• 20:11
  Speaker 1: who does that. Bro makes like 38 bucks an hour
• 20:14
  Speaker 1: to go stand in line. Now in the old days,
• 20:16
  Speaker 1: that would really suck, right? What are you going to do?
• 20:19
  Speaker 1: Listen to your Walkman? Now you have a computer in
• 20:22
  Speaker 1: your hands and you can sit in line and talk
• 20:25
  Speaker 1: to your friends, do work, whatever it's going to be.
• 20:28
  Speaker 1: But 38 bucks an hour seems like a pretty good
• 20:31
  Speaker 1: rate to me. And if I didn't have anything going on,
• 20:34
  Speaker 1: I'd certainly be thinking about it. You make a killing.
• 20:40
  Speaker 1: One reporter even suggested allowing scaffolding to accommodate all the
• 20:44
  Speaker 1: TV live shots. Oh yeah, let's do that. Let's get
• 20:47
  Speaker 1: some scaffolding going. I mean, for real. I'd like to
• 20:51
  Speaker 1: know which reporter suggested that. Obviously another person with main
• 20:55
  Speaker 1: character syndrome. Compared with the Valo and Daybell trials, we
• 20:59
  Speaker 1: ain't seen nothing yet. To Cawthon's great credit, he emphasized
• 21:04
  Speaker 1: that however big this trial is, the goal is is
• 21:07
  Speaker 1: to continue to allow the normal operations of the Ada
• 21:11
  Speaker 1: County Courthouse, with as many as 300 other trials going
• 21:14
  Speaker 1: on during the Kohlberger trial. And of course, the world
• 21:17
  Speaker 1: doesn't stop because there's a high-profile trial. People still got
• 21:21
  Speaker 1: to go to court for tickets, for DUI, for whatever
• 21:24
  Speaker 1: it might be. And what Judge Cawthon's saying is that
• 21:27
  Speaker 1: this trial, that can't affect what else is going on
• 21:30
  Speaker 1: with the other trials that are underway. So it's up
• 21:33
  Speaker 1: to the judge to find that middle ground and find
• 21:35
  Speaker 1: out what works for everybody involved. Media access issue arises.
• 21:41
  Speaker 1: But we have a serious concern regarding media access, a
• 21:44
  Speaker 1: concern that doesn't even seem to be getting enough attention
• 21:47
  Speaker 1: from the courts. The Idaho statesman has signed on to
• 21:51
  Speaker 1: a letter to the court from several media outlets requesting
• 21:55
  Speaker 1: that the court allow a pool still photographer in the
• 21:58
  Speaker 1: courtroom to that the court reserve at least one seat
• 22:01
  Speaker 1: for a pool, text journalist, that the court make individual
• 22:04
  Speaker 1: camera feeds available from the live stream that's being provided
• 22:07
  Speaker 1: by the court, and that the court consider lifting the
• 22:10
  Speaker 1: non-dissemination or a gag order during the trial. Well, good
• 22:14
  Speaker 1: luck with that. I highly doubt that the gag order
• 22:16
  Speaker 1: is going anywhere. Now, some of the other stuff, perhaps,
• 22:20
  Speaker 1: the live stream and stuff like that, the pool reporter,
• 22:23
  Speaker 1: I think that's a good idea, but I don't think
• 22:25
  Speaker 1: the gag order is going to go anywhere, even though
• 22:27
  Speaker 1: I think it should be lifted. But I just don't
• 22:30
  Speaker 1: think that Judge Hibbler is going to lift the gag
• 22:33
  Speaker 1: order at this point, even once the trial starts. I
• 22:36
  Speaker 1: think you'd be giving Brian Koberger and his team way
• 22:39
  Speaker 1: too much ground to file an appeal if you did
• 22:42
  Speaker 1: lift the gag order once the trial started. So we
• 22:46
  Speaker 1: might as well just ride with the gag order as is.
• 22:50
  Speaker 1: We support all these requests, but in particular, we see
• 22:54
  Speaker 1: a serious flaw with how the court has proposed to
• 22:57
  Speaker 1: handle seeding. As proposed now, the court will use a
• 23:00
  Speaker 1: daily reservation system in which the public will have to
• 23:03
  Speaker 1: request a seat in the courtroom by logging in at
• 23:06
  Speaker 1: noon each day for a spot the following day. As
• 23:10
  Speaker 1: one reporter put it, it's like buying a concert ticket.
• 23:13
  Speaker 1: Legitimate reporters will be subject to the same first-come, first-served
• 23:17
  Speaker 1: system as the general public. Well, so what? What is
• 23:21
  Speaker 1: a legitimate reporter anyway? The people that are telling lies
• 23:25
  Speaker 1: on a regular basis on Fox News or CNN? I mean,
• 23:29
  Speaker 1: what does that even mean? If there's a lottery system,
• 23:32
  Speaker 1: there's a lottery system. Now, as far as court reporters,
• 23:36
  Speaker 1: there should be a separate system for them. You know, ABC, Fox,
• 23:41
  Speaker 1: all of the legacy media. Give them, you know, a
• 23:44
  Speaker 1: couple of passes or whatever and let them go to town.
• 23:48
  Speaker 1: But besides that, everybody should have a shot to go
• 23:50
  Speaker 1: in and witness the trial. What, because you work for
• 23:53
  Speaker 1: some big outlet and you say that you're a part
• 23:55
  Speaker 1: of the press, all of a sudden you get some
• 23:57
  Speaker 1: kind of special access? Sorry, buddy, that's not how it
• 24:00
  Speaker 1: works anymore. That's no way to ensure journalists have a
• 24:06
  Speaker 1: seat at a much important trial. Well, if it's being
• 24:09
  Speaker 1: live streamed, why do we need the journalists there? I mean,
• 24:12
  Speaker 1: it's a two-way street, right? I don't need the journalists
• 24:16
  Speaker 1: to tell me what I'm watching. I don't need the
• 24:17
  Speaker 1: journalists to tell me what's going down. So I understand
• 24:21
  Speaker 1: why they'd want what they're asking for. But I don't
• 24:25
  Speaker 1: think the transparency issue is the way to go about
• 24:28
  Speaker 1: it because we're going to have the live stream anyway.
• 24:30
  Speaker 1: But I will say this. The local news should have
• 24:33
  Speaker 1: a place inside that courtroom. Remember, this happened in Idaho.
• 24:38
  Speaker 1: And while all of us are interested, obviously, the people
• 24:41
  Speaker 1: in Idaho and the people in Moscow specifically have a
• 24:46
  Speaker 1: gigantic stake in what happens here. So yeah, there should
• 24:49
  Speaker 1: be a place for the local media. I have no
• 24:52
  Speaker 1: qualms with that. But besides that, it should be a free-for-all.
• 24:56
  Speaker 1: I think that a number system or a lottery system
• 24:59
  Speaker 1: is the fairest way to do it. Even worse, the
• 25:03
  Speaker 1: system actually hamstrings reporters who might be in the courtroom
• 25:06
  Speaker 1: working at noon at the courthouse filing stories going live
• 25:10
  Speaker 1: with a report, filing out of the courtroom at the
• 25:13
  Speaker 1: time the system goes live, or simply working on another
• 25:16
  Speaker 1: story at the moment. The reservation system favors, as the
• 25:20
  Speaker 1: media's letter to the courts points out, those with free
• 25:23
  Speaker 1: time on their hands and and the fastest internet connection
• 25:26
  Speaker 1: at the moment. Aw, is the media going to be
• 25:29
  Speaker 1: beat by some guy in his underwear eating Cheetos? You
• 25:32
  Speaker 1: guys got to do better than that. Have one of
• 25:34
  Speaker 1: your interns take care of doing the system where they
• 25:37
  Speaker 1: get on there and they try and apply for a
• 25:39
  Speaker 1: spot in the courtroom, like everybody else. Don't act like
• 25:43
  Speaker 1: you're so busy you can't take some time to try
• 25:46
  Speaker 1: and find a spot in the courtroom. That's crazy. And
• 25:48
  Speaker 1: your elitism is showing. The court will argue that reporters
• 25:52
  Speaker 1: can watch the provided live stream of the trial, which
• 25:55
  Speaker 1: is great, but frankly is inadequate and is a pale
• 25:58
  Speaker 1: facsimile to watching the trial live where a trained journalist
• 26:02
  Speaker 1: can see jury reactions, courtroom cameras will not show jurors,
• 26:07
  Speaker 1: or reactions from the gallery where victims and the defendant's
• 26:10
  Speaker 1: families will be sitting. The best solution, at a minimum,
• 26:15
  Speaker 1: is to allow at least one pool reporter who is
• 26:17
  Speaker 1: a trained journalist from legitimate reputable news outlet who will
• 26:22
  Speaker 1: report from the courtroom with a guaranteed seat each day
• 26:25
  Speaker 1: to provide a written account that is shared with every
• 26:28
  Speaker 1: news outlet. Even better would be a pool reporter along
• 26:32
  Speaker 1: with three or four guaranteed seats for journalists that could
• 26:35
  Speaker 1: be determined by a random lottery system. Whatever system is chosen,
• 26:41
  Speaker 1: the bottom line is that for such an important trial
• 26:43
  Speaker 1: as this, it's vital that the media have a presence
• 26:46
  Speaker 1: in the courtroom each day to relay the events to
• 26:49
  Speaker 1: the public. And the current system doesn't guarantee that. Journalists
• 26:54
  Speaker 1: cover the courts on behalf of the public, according to
• 26:57
  Speaker 1: the letters sent to the judges handling the details of
• 27:00
  Speaker 1: the trial. We provide an impartial eye into a co-equal
• 27:04
  Speaker 1: branch of government, and the work helps to protect democracy
• 27:07
  Speaker 1: by ensuring a well-informed citizenry. We couldn't agree more. Well, yeah,
• 27:13
  Speaker 1: that's cool and all, but the playing field has changed.
• 27:17
  Speaker 1: And I think we saw that during the election, right? So,
• 27:21
  Speaker 1: all these legacy media outlets that keep crying that their
• 27:24
  Speaker 1: spots are getting taken, I don't really want to hear it, honestly.
• 27:29
  Speaker 1: For all these years, they've done nothing but obfuscate, confuse people,
• 27:34
  Speaker 1: tell people BS, and now all of a sudden they
• 27:37
  Speaker 1: want to be, you know, the arbiters of truth again? Sorry,
• 27:41
  Speaker 1: you've lost the right. Now, that doesn't mean all the
• 27:43
  Speaker 1: legacy media is garbage, right? I'm talking about in general,
• 27:47
  Speaker 1: the perception people have of the legacy media. So I
• 27:51
  Speaker 1: think that this argument here comes off as a bit elitist,
• 27:55
  Speaker 1: but I think that obviously there has to be a
• 27:57
  Speaker 1: spot for the media inside the courtroom. But that doesn't
• 28:01
  Speaker 1: mean that they should be, you know, given special privileges.
• 28:05
  Speaker 1: If there's a lottery system and that's what the court
• 28:08
  Speaker 1: decides to roll with, cool. As long as I'm getting
• 28:11
  Speaker 1: that live stream and I can see what's going on
• 28:14
  Speaker 1: in that courtroom for myself. I think that's the most
• 28:16
  Speaker 1: important thing. And the media, they'll couch this argument as
• 28:20
  Speaker 1: transparency for the public, but really what they mean is
• 28:24
  Speaker 1: access for themselves because that means more advertiser dollars. And
• 28:28
  Speaker 1: that's what it really comes down to. But I think
• 28:31
  Speaker 1: the overall argument that media has to be in the courtroom,
• 28:35
  Speaker 1: that's not even a debate. The debate here is how
• 28:38
  Speaker 1: that system is going to work and who is going
• 28:40
  Speaker 1: to get the seats. So it's going to be interesting
• 28:42
  Speaker 1: to see what the court comes up with when it
• 28:44
  Speaker 1: comes to these different governing rules for the courthouse, for
• 28:48
  Speaker 1: the media, and for people covering the case. And like usual,
• 28:53
  Speaker 1: we're going to keep an eye on things. And when
• 28:55
  Speaker 1: we have some more information, we'll get it added to
• 28:57
  Speaker 1: the catalog. All of the information that goes with this
• 29:00
  Speaker 1: episode can be found in the description box. What's up, everyone,
• 29:05
  Speaker 1: and welcome back to the program. Brian Koberger made his
• 29:09
  Speaker 1: first appearance in a Boise courtroom yesterday where the new judge,
• 29:13
  Speaker 1: Stephen Hippler, heard from both sides about several different issues. Now,
• 29:19
  Speaker 1: we all know that the trial was originally scheduled to
• 29:22
  Speaker 1: start in the summer of 2025. Well, it looks like
• 29:26
  Speaker 1: that whole entire timeline is in jeopardy now as Stephen
• 29:30
  Speaker 1: Hippler is going to reevaluate the situation and decide if
• 29:34
  Speaker 1: the trial can kick off at that original date And
• 29:38
  Speaker 1: according to Ann Taylor, the defense... hasn't even had time
• 29:41
  Speaker 1: to go through all of the discoverable evidence. So that's
• 29:45
  Speaker 1: pretty concerning as far as the timeline goes. And honestly,
• 29:48
  Speaker 1: at this point, I have my doubts that the trial
• 29:50
  Speaker 1: is going to kick off during the summer of 2025.
• 29:53
  Speaker 1: If they have over 395... Trillabytes or gigabytes or whatever
• 29:59
  Speaker 1: of information that they still have to go through? I
• 30:02
  Speaker 1: would think that it's going to necessitate some time to
• 30:05
  Speaker 1: have their experts go through it, to have the lawyers
• 30:08
  Speaker 1: go through it, and come up with a proper game
• 30:10
  Speaker 1: plan to defend their client. And with the change of venue,
• 30:14
  Speaker 1: it gives them the inroad to try and convince Judge
• 30:17
  Speaker 1: Hippler to once again delay this trial. Now, we know
• 30:20
  Speaker 1: the family members aren't going to be happy about that.
• 30:22
  Speaker 1: We know the community is not going to be happy
• 30:24
  Speaker 1: about that. But Brian Kohlberger and his team, and all
• 30:27
  Speaker 1: the weirdos online that support him? Oh, they'd be over
• 30:30
  Speaker 1: the moon. Nothing like dragging out justice, huh? Today's article
• 30:34
  Speaker 1: is from the Idaho Statesman, and the headline, Kohlberger appears
• 30:38
  Speaker 1: in Boise courtroom for the first time. New judge weighs
• 30:41
  Speaker 1: trial date change. This article was authored by Sally Krutzig.
• 30:46
  Speaker 1: A line of onlookers, some of whom had been waiting
• 30:49
  Speaker 1: since 8 a.m., gathered at the Ada County Courthouse to
• 30:52
  Speaker 1: attend Brian Koberger's first hearing in Boise on Thursday. The
• 30:56
  Speaker 1: case was moved earlier this month following a decision by
• 31:00
  Speaker 1: Judge John Judge of the Idaho 2nd Judicial District that
• 31:03
  Speaker 1: stipulated the high-profile trial be moved out of Latah County
• 31:07
  Speaker 1: because of, among other things, a lack of resources. He
• 31:12
  Speaker 1: also stepped down from the case, leaving the Idaho Supreme
• 31:15
  Speaker 1: Court to select a new venue and a new judge.
• 31:17
  Speaker 1: And I know that there were people that were critical
• 31:19
  Speaker 1: of Judge John Judge, but be careful what you wish for.
• 31:23
  Speaker 1: We don't know what Hipler is going to be like.
• 31:25
  Speaker 1: We don't know what he's going to be up to.
• 31:27
  Speaker 1: And we certainly don't know what sort of decision making
• 31:30
  Speaker 1: is going to come in the wake of this change.
• 31:33
  Speaker 1: And frankly, if changing this venue is going to lead
• 31:36
  Speaker 1: to a trial delay, then this venue should have never
• 31:39
  Speaker 1: been changed. Because is it really that big of a difference?
• 31:43
  Speaker 1: Let's be very clear and very real. You really think
• 31:46
  Speaker 1: that the people of Leyta County have that big of
• 31:48
  Speaker 1: a difference of opinion about what happened here than down
• 31:51
  Speaker 1: in Moscow? I promise you they don't. And you can
• 31:55
  Speaker 1: show whatever survey you want, but that's a very small
• 31:58
  Speaker 1: sample size. This is the year 2024. Everybody's connected. Everybody
• 32:04
  Speaker 1: knows the news. Everybody knows what's going on in Afghanistan.
• 32:07
  Speaker 1: Never mind the next town over. So the whole entire
• 32:10
  Speaker 1: Brian Kohlberger couldn't get a fair jury thing? Absolutely ridiculous. Now,
• 32:15
  Speaker 1: I understand why they did it. And I certainly don't
• 32:18
  Speaker 1: have a problem with his team attempting to get it done.
• 32:21
  Speaker 1: But in my opinion, this was nothing more than another
• 32:24
  Speaker 1: delay tactic to try and get this trial date moved
• 32:27
  Speaker 1: because they understand what they're up against. And they're looking
• 32:29
  Speaker 1: for inroads to continue to challenge the evidence that's been
• 32:33
  Speaker 1: collected against Kohlberger. And with the current time frame, they
• 32:36
  Speaker 1: wouldn't be able to do it. Fourth District Judge Stephen
• 32:39
  Speaker 1: Hippler was assigned the case and held a status conference
• 32:42
  Speaker 1: hearing to determine whether a new trial calendar would be needed.
• 32:46
  Speaker 1: I'd like to say I'm happy to be here, but
• 32:48
  Speaker 1: why start with an untruth, Hippler said, setting the tone
• 32:52
  Speaker 1: as he addressed the courtroom. Well, yeah, it's not a
• 32:54
  Speaker 1: happy moment. You guys aren't showing up there for your
• 32:57
  Speaker 1: 25th reunion. This is a very somber, serious moment. We're
• 33:01
  Speaker 1: talking about four kids who were murdered and another dude
• 33:04
  Speaker 1: who's on trial for his life. Nobody should be happy
• 33:07
  Speaker 1: to be here. He said the stakes were high as
• 33:09
  Speaker 1: they can be and reminded the attorneys that their goal
• 33:12
  Speaker 1: should not be victory but honoring their oaths to the
• 33:14
  Speaker 1: judicial system. I mean, okay, but if I'm a client,
• 33:18
  Speaker 1: screw that. I want you to go scorched earth. Whatever
• 33:21
  Speaker 1: you could possibly do to sow some seeds of doubt,
• 33:25
  Speaker 1: I want you to do that. To hell with honoring
• 33:27
  Speaker 1: your oath to the court. You better honor your oath
• 33:29
  Speaker 1: to me and do whatever you can to get me off. Kohlberger,
• 33:32
  Speaker 1: a former Washington State University graduate student, is charged with
• 33:36
  Speaker 1: four counts of first-degree murder in the stabbing deaths of
• 33:39
  Speaker 1: the four University of Idaho students at an off-campus home
• 33:43
  Speaker 1: in November of 2022. He's also charged with one count
• 33:47
  Speaker 1: of felony burglary. The victims were Ethan Chapin and Zanna Kernodle,
• 33:51
  Speaker 1: both 20, and Madison Mogan and Kaylee Gonsalves, both 21. Koberger, 29,
• 33:56
  Speaker 1: attended Thursday's hearing in handcuffs and a dark suit. And
• 34:01
  Speaker 1: that's been a big problem too. At least for some
• 34:03
  Speaker 1: people following along, and certainly for at least the Gonsalves family.
• 34:07
  Speaker 1: They don't want Brian Koberger wearing street clothes. They certainly
• 34:10
  Speaker 1: don't want him wearing a suit. They want him wearing
• 34:13
  Speaker 1: a jumpsuit, prison issued, so that people... understand what kind
• 34:18
  Speaker 1: of monster they say he is. But on the flip
• 34:21
  Speaker 1: side of that, remember, Kohlberger hasn't been found guilty yet.
• 34:24
  Speaker 1: And as much as I think the evidence is stacked
• 34:26
  Speaker 1: up against him, like I said yesterday, I think that
• 34:30
  Speaker 1: until you're found guilty, you should be afforded the right
• 34:33
  Speaker 1: to wear regular people clothes. And while the judge hasn't
• 34:36
  Speaker 1: really made a decision here yet, considering how new things are,
• 34:40
  Speaker 1: he's going to get with the security apparatus in Boise
• 34:43
  Speaker 1: and And they're going to figure out one way or
• 34:45
  Speaker 1: the other what sort of attire Kohlberger should be wearing
• 34:48
  Speaker 1: to court. Hitler said he has not decided yet on
• 34:51
  Speaker 1: a motion from the defense to allow Kohlberger to continue
• 34:54
  Speaker 1: wearing street clothes in court as the proceedings move forward.
• 34:58
  Speaker 1: Kohlberger did not speak throughout the hearing. Yeah, you're not
• 35:00
  Speaker 1: going to hear him say much. Bro really is not
• 35:03
  Speaker 1: going to say anything, honestly, until we get to the trial.
• 35:06
  Speaker 1: And even then, I doubt he's going to have much
• 35:08
  Speaker 1: to say. Anything from Kohlberger is going to come through
• 35:11
  Speaker 1: his lawyer, right? They're not going to let him say
• 35:13
  Speaker 1: a word. Both the judge and the defense addressed issues
• 35:17
  Speaker 1: that they had with the previous trial dates set by
• 35:20
  Speaker 1: Judge Judge in Latah County. Those dates, which had the
• 35:23
  Speaker 1: trial running from June 2nd to August 29th, would wipe
• 35:27
  Speaker 1: out the entire summer and be burdensome on jurors, particularly
• 35:30
  Speaker 1: those who were parents, according to Hipler. The judge said
• 35:34
  Speaker 1: it could pose child care difficulties and interfere with other
• 35:38
  Speaker 1: family obligations when school is out. Is there ever really
• 35:41
  Speaker 1: a good time for this to happen? When we're talking
• 35:44
  Speaker 1: about a long trial like this is going to be,
• 35:47
  Speaker 1: it's going to be burdensome and inconvenient for these jurors.
• 35:51
  Speaker 1: What do you think? People want to disrupt their lives
• 35:53
  Speaker 1: and sit through this? Of course they don't, but they're
• 35:56
  Speaker 1: going to have to do it. And whether it's in
• 35:58
  Speaker 1: the summer or it's in the fall or it's in
• 36:01
  Speaker 1: the winter, there's going to be issues logistically speaking. So
• 36:05
  Speaker 1: I would think the summer when everybody's out of school,
• 36:07
  Speaker 1: at least kid wise, would probably be the best way
• 36:10
  Speaker 1: to go. But obviously, Judge Hipler has some other ideas.
• 36:15
  Speaker 1: Hipler proposed to either start the trial a month earlier,
• 36:18
  Speaker 1: at the beginning of May, or wait until the start
• 36:20
  Speaker 1: of September. The prosecution, led by Latah County Prosecuting Attorney
• 36:25
  Speaker 1: Bill Thompson, said it would prefer May, but the defense
• 36:28
  Speaker 1: pushed for a September start. Like I said in the beginning,
• 36:31
  Speaker 1: the more time for the defense, the better. And as
• 36:34
  Speaker 1: far as the prosecution's concerned... They feel like they have
• 36:36
  Speaker 1: everything lined up, they feel like they have the goods,
• 36:39
  Speaker 1: and they feel like they're ready to get that prosecution.
• 36:42
  Speaker 1: So they're ready to go. But with Brian Kohlberger's team,
• 36:46
  Speaker 1: they understand what they're up against, and they want to
• 36:48
  Speaker 1: have as much time as possible to try and punch
• 36:50
  Speaker 1: some holes here and find some loopholes and technicalities. The
• 36:54
  Speaker 1: defenses face challenges that include the death of an expert witness,
• 36:57
  Speaker 1: leading the team representing Kohlberger to find a new expert
• 37:01
  Speaker 1: in a certain aspect of the case, and a large
• 37:03
  Speaker 1: amount of information sent by prosecutors according to defense attorney
• 37:07
  Speaker 1: Ann Taylor. And that's what I was talking about in
• 37:09
  Speaker 1: the opening. They have so much evidence that they still
• 37:12
  Speaker 1: have to go through. According to the defense, they can't
• 37:15
  Speaker 1: be ready by the date that's already been scheduled. They
• 37:19
  Speaker 1: need to push this back a little bit. And any
• 37:21
  Speaker 1: way that they can try and make that happen, I
• 37:23
  Speaker 1: would expect the defense to explore all of those options.
• 37:28
  Speaker 1: Since August, we have received about 398 gigabytes of new information,
• 37:33
  Speaker 1: and I can tell you that the court, that nobody
• 37:35
  Speaker 1: on our team has read every bit of that yet,
• 37:38
  Speaker 1: Taylor said. So there's a vast amount of discovery to
• 37:41
  Speaker 1: continue to go through. And that right there, I think,
• 37:44
  Speaker 1: is going to signal to the judge that he's going
• 37:47
  Speaker 1: to have to move this back a little bit. And
• 37:48
  Speaker 1: I wish I had something different to tell you, but
• 37:51
  Speaker 1: the facts are the facts, right? And looking at everything
• 37:54
  Speaker 1: the way it's lined up here, and looking at the
• 37:57
  Speaker 1: situation for what it is, my guess is we're going
• 38:00
  Speaker 1: to see another delay. Certainly not an advancement into May.
• 38:05
  Speaker 1: I highly doubt that's going to happen. She declined to
• 38:07
  Speaker 1: provide information about the defense expert in open court, saying
• 38:11
  Speaker 1: that she would reveal too much information about strategy to
• 38:13
  Speaker 1: the prosecution and the public, something Hippler said he understood.
• 38:18
  Speaker 1: He offered to hold an ex parte hearing, which meant
• 38:21
  Speaker 1: only the defense team and Hippler would be present, so
• 38:23
  Speaker 1: that he'd have more information before deciding on trial dates. Well,
• 38:27
  Speaker 1: never a bad idea to have all the information, right? So,
• 38:31
  Speaker 1: glad that Judge Hipler is going to go through all
• 38:33
  Speaker 1: of this with a fine-tooth comb and try and figure
• 38:36
  Speaker 1: out what's what. But I think that the trial date situation,
• 38:40
  Speaker 1: that has to get handled, and it has to get
• 38:42
  Speaker 1: handled soon. People have to know that justices come in
• 38:45
  Speaker 1: one way or the other. And while this is all
• 38:48
  Speaker 1: fine and well for Brian Koberger, for the families of
• 38:51
  Speaker 1: these victims... This is torturous. This has to be hell incarnate, right?
• 38:57
  Speaker 1: Imagine walking around every day, and this is your reality,
• 39:01
  Speaker 1: and then each time that you think justice is approaching,
• 39:04
  Speaker 1: you get the rug pulled out from under you, and
• 39:06
  Speaker 1: we have a new trial date, or a new issue
• 39:09
  Speaker 1: pops up. So yeah, I completely understand the frustration by
• 39:12
  Speaker 1: the families, and the anger by some of them. That
• 39:15
  Speaker 1: hearing took place after the status conference, which ended without
• 39:18
  Speaker 1: new trial dates being set. Nepapino, Idaho Supreme Court communications
• 39:23
  Speaker 1: manager told the Idaho statesman that Hipler likely would issue
• 39:27
  Speaker 1: a written order once he had made a ruling. So
• 39:30
  Speaker 1: obviously we'll keep an eye on that. And once Judge
• 39:32
  Speaker 1: Hipler makes a ruling and we have something hit the docket,
• 39:35
  Speaker 1: we'll get it added to the catalog. But until then,
• 39:38
  Speaker 1: that's going to do it for this one. All of
• 39:40
  Speaker 1: the information that goes with this episode can be found
• 39:44
  Speaker 1: in the description box.