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Murder In Moscow: Bryan Kohberger And The Death Penalty That Loomed Over His Case · Beyond The Horizon

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  Speaker 1: What's up everyone and welcome back to the program. Now
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  Speaker 1: that there's a suspect in the murders in Moscow, the
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  Speaker 1: question becomes, will this suspect face the death penalty? And
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  Speaker 1: for those of you who have been following me for
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  Speaker 1: some time, you know I'm usually not a big fan
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  Speaker 1: of the death penalty. I'm not a fan of the
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  Speaker 1: state being able to take the life of citizens. It
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  Speaker 1: just doesn't really sit well with me in most circumstances. However,
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  Speaker 1: When you have circumstances like this, where four people are
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  Speaker 1: murdered in cold blood and there is direct evidence or
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  Speaker 1: what the prosecution says is direct evidence and that's proven
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  Speaker 1: in a court of law in front of a jury
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  Speaker 1: of your peers, well, then that's when I think the
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  Speaker 1: death penalty should be on the table. And if Brian
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  Speaker 1: Koberger is the man responsible for these murders, in my opinion,
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  Speaker 1: after conviction, he most certainly should be put to death.
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  Speaker 1: But I don't think he should be put to death
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  Speaker 1: by a lethal injection or the electric chair or anything
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  Speaker 1: like that. I think we should throw him right into
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  Speaker 1: a live volcano. I mean, if you're convicted and the
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  Speaker 1: evidence is that apparent and there's no doubt that you're
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  Speaker 1: the person who committed a crime such as this, then yeah,
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  Speaker 1: death penalty should be on the table. And today in
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  Speaker 1: that same vein, we have an article from Newsweek headline.
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  Speaker 1: Idaho prosecutors will seek death penalty, says Casey Anthony Judge.
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  Speaker 1: This article was authored by James Bickerton. Prosecutors are likely
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  Speaker 1: to seek the death penalty against Brian Koberger, the suspect
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  Speaker 1: accused of murdering four University of Idaho students, according to
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  Speaker 1: Belvin Perry, the former Florida judge who presided over the
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  Speaker 1: controversial Casey Anthony murder case. Look, This is certainly within
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  Speaker 1: the bounds of what should be considered for a death
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  Speaker 1: penalty case. And it'll be up to the prosecution to
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  Speaker 1: make that argument. They'll have to make that argument before
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  Speaker 1: the judge and before the jury. And if they can
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  Speaker 1: convince the judge and the jury that this is gruesome enough,
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  Speaker 1: this is horrendous enough, that it should be a death
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  Speaker 1: penalty case, then that's what it'll be. And my guess
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  Speaker 1: is in a place like Idaho, which is a relatively
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  Speaker 1: conservative place, You'll probably have the residents with the pitchforks
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  Speaker 1: and the torches ready to put this guy to death.
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  Speaker 1: And can you blame them considering what the state of
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  Speaker 1: Idaho has just went through? You have to think the
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  Speaker 1: prosecutors have a not-in-my-state kind of attitude at this point,
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  Speaker 1: and they want to prove a point with Koberger. Koberger, 28,
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  Speaker 1: was arrested on December 30th on four counts of first-degree
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  Speaker 1: murder and burglary. Prosecutors allege he killed Kaylee Gonsalves, Madison Mogan,
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  Speaker 1: Zanna Kernodle, and Ethan Chapin at a shared student house
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  Speaker 1: in Moscow, Idaho, during the early hours of November 13th.
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  Speaker 1: On January 1st, Jason Labar, Koberger's public defender in Pennsylvania,
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  Speaker 1: where he was arrested, said his client is eager to
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  Speaker 1: be exonerated of these charges and should be presumed innocent
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  Speaker 1: until proven otherwise. And that was all fine and well
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  Speaker 1: before the affidavit, right? Now, obviously, if you're in the
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  Speaker 1: court or you're going to be a juror, you have
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  Speaker 1: to be very, very clinical with how you go about things.
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  Speaker 1: But people in the public, we don't have any standard
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  Speaker 1: that we have to adhere to. We take a look
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  Speaker 1: at evidence and then we say to ourselves, damn, this
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  Speaker 1: dude looks guilty as hell. And that's the way a
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  Speaker 1: lot of people feel at this point. The evidence against
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  Speaker 1: Brian Koberger is very, very strong. Now, We have not
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  Speaker 1: heard the defense or them poke holes in that evidence.
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  Speaker 1: And obviously, we'll have to wait for all of that
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  Speaker 1: to happen before we can say, oh yeah, this guy's
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  Speaker 1: definitely guilty. But it doesn't look good for him. And usually,
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  Speaker 1: when you have a strong affidavit like this, and you
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  Speaker 1: have this kind of charging document with this much evidence
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  Speaker 1: in it, they usually have a plethora of evidence behind
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  Speaker 1: the scenes that they haven't even unleashed yet. A lot
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  Speaker 1: of times they'll hold back, meaning the prosecution. And they'll
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  Speaker 1: only give enough to get that probable cause. But after that,
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  Speaker 1: they want to wait for discovery and drop this information
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  Speaker 1: on the defense like a thousand pounds of bricks. We
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  Speaker 1: saw the same thing in the Maxwell trial. There was
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  Speaker 1: so many documents that had to be passed over to
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  Speaker 1: the defense that it wasn't even funny. But they slow
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  Speaker 1: walked it. That way, the defense, they couldn't find their
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  Speaker 1: footing really. And I expect the same thing here. The
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  Speaker 1: prosecution is not going to be forthcoming with evidence until
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  Speaker 1: it's time to be. And that's going to put Brian
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  Speaker 1: Koberger and his defense team on their back foot. Appearing
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  Speaker 1: on News Nation on Friday, Perry, who served as Chief
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  Speaker 1: Justice of Florida's Ninth Judicial Circuit between 95 and 99,
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  Speaker 1: then again from 2001 to 2014, was asked if Idaho
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  Speaker 1: prosecutors are going to seek death in this case. Somebody
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  Speaker 1: should ask Mr. Perry why they didn't throw Epstein in
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  Speaker 1: jail for the rest of his life. He replied, I
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  Speaker 1: certainly think, based upon the Idaho statute, that they will
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  Speaker 1: seek the death penalty. Idaho has 11 statutory aggravating factors.
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  Speaker 1: In a quick examination of the statute, there are at
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  Speaker 1: least five aggravating factors that would be applicable in this
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  Speaker 1: case that would justify a sentence of death. And look,
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  Speaker 1: I agree. Like I said earlier, if all of this
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  Speaker 1: evidence bears out, if it all bears fruit and everything
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  Speaker 1: points to Brian Koberger and we go through the trial
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  Speaker 1: phase and he's convicted of these crimes, 100%, death penalty.
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  Speaker 1: Someone like this shouldn't be able to sit around in
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  Speaker 1: a jail cell, collect fan mail, probably meet someone who
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  Speaker 1: wants to marry him. You know the psychos that follow
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  Speaker 1: this kind of shit? You know how people are, writing
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  Speaker 1: emails and sending letters to serial killers and weirdos. It's insane.
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  Speaker 1: So in my opinion, if you murder four people in
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  Speaker 1: cold blood like this, whether it be four college students
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  Speaker 1: in their bed, or four people in a drug deal
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  Speaker 1: gone bad. You should be put to death because you
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  Speaker 1: have no business walking amongst the rest of us. You're
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  Speaker 1: never going to be rehabilitated. So what's the point in
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  Speaker 1: having you linger around in prison for the next 50
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  Speaker 1: years on the taxpayer's dime? All you need is for
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  Speaker 1: the jury to unanimously find one aggravating factor and find
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  Speaker 1: that that factor is not outweighed by any mitigating factors.
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  Speaker 1: So there's a high probability that death will be the
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  Speaker 1: penalty in this particular case. And remember, there is no
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  Speaker 1: insanity plea in Idaho. You can't say that you're insane
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  Speaker 1: or you had a momentary lapse of insanity. None of
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  Speaker 1: that jazz. They'll throw your ass into a mental hospital
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  Speaker 1: until you're competent enough to stand trial. You'll be in
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  Speaker 1: there like Junior Soprano was after they tossed his ass
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  Speaker 1: in there. So nobody's trying to go to no mental institution, right?
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  Speaker 1: I'd rather sit on death row for the rest of
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  Speaker 1: my life than sit in a home for the clinically insane. No,
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  Speaker 1: thank you. And then you look at his schooling and
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  Speaker 1: his background and the fact that he was actively teaching
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  Speaker 1: and going after his PhD. Even if insanity was an
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  Speaker 1: option here, I don't think it would be a plausible one.
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  Speaker 1: In 2011, Perry presided over the trial of Casey Anthony,
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  Speaker 1: who was accused of murdering her two-year-old daughter, Kaylee Anthony,
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  Speaker 1: in 2008, with prosecutors seeking the death penalty. Casey was
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  Speaker 1: found not guilty of first-degree murder in July of 2011
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  Speaker 1: after her defense claimed Kaylee had drowned in a swimming pool,
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  Speaker 1: though she was convicted of lying to law enforcement. The
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  Speaker 1: verdict sparked a heated debate in legal and non-legal circles
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  Speaker 1: alike with the case branded the Social Media Trial of
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  Speaker 1: the Century by Time Magazine. Now, I really never followed
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  Speaker 1: this case while it was going on. Honestly, I wasn't
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  Speaker 1: really interested in any of this sort of thing back then.
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  Speaker 1: I was locked in. worrying about, you know, politics and
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  Speaker 1: stuff like that. I have a degree in political science
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  Speaker 1: and that's usually what I was following up until a
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  Speaker 1: few years ago when the Jeffrey Epstein case smacked me
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  Speaker 1: in the mouth. Up until that point, I had zero
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  Speaker 1: interest or zero desire to follow any of these court
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  Speaker 1: trials or these true crime cases. Anything like that was
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  Speaker 1: just outside of my wheelhouse and nothing I was paying
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  Speaker 1: attention to. So I've never really followed the Casey Anthony case,
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  Speaker 1: and I've never even went to really go back and
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  Speaker 1: dig into it. So I really don't have too much
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  Speaker 1: to offer in the way of Casey Anthony. During a
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  Speaker 1: separate News Nation interview on Thursday, the parents of Kaylee
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  Speaker 1: Gonsalves said they want Koberger to receive the death penalty
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  Speaker 1: if found guilty. Referring to life in prison, Steve Gonsalves said,
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  Speaker 1: that's not a punishment equivalent to being killed. That's God's role.
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  Speaker 1: And if you want to play God's role, then you're
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  Speaker 1: going to have to answer to him. If I was
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  Speaker 1: the judge and the jury, I would do whatever the
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  Speaker 1: family wanted me to do. I would ask the family,
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  Speaker 1: do you want this guy put to death? And if
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  Speaker 1: they said yes, fine, that's what would happen. I mean,
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  Speaker 1: enough is enough with these psychopaths, these murderers, these lunatics
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  Speaker 1: getting these life sentences or getting put on death row
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  Speaker 1: forever and never being executed. If you have the evidence
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  Speaker 1: and it's ironclad evidence, that the person's responsible for taking
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  Speaker 1: the life of another human being, and you're in a
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  Speaker 1: state where the death penalty is something that is possible,
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  Speaker 1: then it certainly has to be looked at in each
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  Speaker 1: and every single case, right? And each and every case
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  Speaker 1: is unique. And like I said earlier, I don't really
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  Speaker 1: ascribe to the death penalty in most instances because you
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  Speaker 1: have to have a lot of evidence proving that somebody
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  Speaker 1: murdered somebody for me to be okay with the state
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  Speaker 1: taking the life of a citizen of the United States
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  Speaker 1: of America or anyone else. I'm just not down with
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  Speaker 1: the state making those decisions. But in certain circumstances, certain
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  Speaker 1: people have no business sharing our air. The probable cause
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  Speaker 1: affidavit used to arrest Koberger was released on Thursday, revealing
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  Speaker 1: he was near the student's shared house on at least
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  Speaker 1: 12 occasions prior to the murders. It also said Dylan Mortensen,
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  Speaker 1: one of the two housemates who survived the attack unharmed,
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  Speaker 1: had seen a figure clad in black clothing and a
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  Speaker 1: mask around the time the murders took place. Ann Taylor,
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  Speaker 1: Koberger's Idaho public defender, has been contacted for comment. Well,
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  Speaker 1: I don't know why you would do that. She's under
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  Speaker 1: a gag order and she's not going to be able
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  Speaker 1: to comment on what's going on in this case. So
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  Speaker 1: asking the lawyers for comment, asking prosecution for comment, it's
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  Speaker 1: going to go nowhere. All we're going to learn at
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  Speaker 1: this point, folks, is what we're going to learn in
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  Speaker 1: court filings during trial proceedings. leaks that might be coming
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  Speaker 1: out and there might be some other procedural stuff that we,
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  Speaker 1: you know, we hear about, but anything coming from people
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  Speaker 1: involved in the case, as far as lawyers or prosecutors
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  Speaker 1: or anything like that, they're under a gag order. So
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  Speaker 1: any information that gets released will have to be released
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  Speaker 1: via a leak. And So far, we haven't seen too
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  Speaker 1: many of those coming from this investigation. So I don't
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  Speaker 1: know if we'll see any leaks moving forward, but that's
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  Speaker 1: usually how information comes out when there's a gag order.
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  Speaker 1: Either way, what do you folks think? Do you think
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  Speaker 1: that Brian Koberger should be put to death if he's
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  Speaker 1: found guilty? Shoot me some emails and let me know.
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  Speaker 1: All right, folks, that's going to do it for this one.
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  Speaker 1: If you'd like to contact me, you can do that
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  Speaker 1: at bobbycapucci at protonmail.com. That's B-O-B-B-Y-C-A-P-U-C-C-I at protonmail.com. You can
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  Speaker 1: also find me on Twitter at B-O-B-B-Y underscore C-A-P-U-C-C-I. The
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  Speaker 1: link that I discussed can be found in the description box.