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Mega Edition: Bryan Kohberger And The Sentencing Hearing (9/29/26) · Beyond The Horizon

0:00
Speaker 1: What's up everyone and welcome back to the program. At
0:04
Speaker 1: Brian Kohlberger's arraignment, he stood silent and let the judge
0:09
Speaker 1: enter a non-guilty plea for him. And there were a
0:13
Speaker 1: lot of questions why he would do something like that.
0:16
Speaker 1: And if a move like that provides him with any
0:18
Speaker 1: sort of benefit. So today we have an article from
0:21
Speaker 1: CNN talking about this very topic. So let's get to it. Headline.
0:27
Speaker 1: Here's why Idaho student murder suspect Brian Koberger may have
0:31
Speaker 1: chosen to stand silent in court, experts say. This article
0:36
Speaker 1: was authored by Cherie Mossberg, Veronica Miracle, and Elizabeth Wolfe.
0:43
Speaker 1: Brian Koberger, the man accused of stabbing four Idaho college
0:46
Speaker 1: students to death, sat wordlessly in court during his arraignment
0:50
Speaker 1: on Monday as a judge read aloud the murder and
0:54
Speaker 1: burglary charges against him. and asked whether the suspect was
0:57
Speaker 1: prepared to announce his plea. Instead of entering a plea,
1:01
Speaker 1: Kohlberger's attorney replied, Your Honor, we are standing silent. And
1:06
Speaker 1: it's not something you see all the time, right? I mean, usually,
1:09
Speaker 1: at the very least, the defendant will stand up and
1:12
Speaker 1: they'll say not guilty or guilty. And in this case,
1:15
Speaker 1: it wasn't only Brian Kohlberger who was silent, but his
1:18
Speaker 1: lawyer as well. The unconventional legal strategy, also known as
1:23
Speaker 1: standing mute, relies on an Idaho criminal rule which requires
1:27
Speaker 1: a judge to then enter a not guilty plea on
1:30
Speaker 1: the defendant's behalf, effectively allowing him to avoid verbally committing
1:35
Speaker 1: to being guilty or not guilty. It doesn't matter what
1:39
Speaker 1: he says or doesn't say, Seattle attorney Ann Bremmer told CNN.
1:43
Speaker 1: Either way, he's on the record with a not guilty plea,
1:47
Speaker 1: and it might have been a power move on Kohlberger's part.
1:50
Speaker 1: You know, I'm going to sit here and I'm going
1:52
Speaker 1: to stay in control of the situation. I'm not going
1:55
Speaker 1: to do what you want me to do. Go ahead
1:56
Speaker 1: and enter a plea on my behalf. Very possible. He
1:59
Speaker 1: seems like that kind of guy to me. Very narcissistic.
2:02
Speaker 1: Has to be in control. And even in a situation
2:05
Speaker 1: like this, whatever little bit of power he can exert,
2:09
Speaker 1: he's going to try and do it. Though highly unusual,
2:13
Speaker 1: standing silent is not unheard of. The tactic was also
2:16
Speaker 1: used in the case against Nicholas Cruz. the gunman responsible
2:20
Speaker 1: for the 2018 massacre at Marjory Stoneman Douglas High School
2:25
Speaker 1: in Parkland, Florida. Yeah, probably not the kind of person
2:29
Speaker 1: you want to share a legal strategy with, right? How
2:31
Speaker 1: did it work out for that idiot? Oh, that's right.
2:34
Speaker 1: Not so well. I would think that if you're innocent,
2:37
Speaker 1: you would be very vocal about that point. I know
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Speaker 1: I would be, and I don't care what my lawyer
2:41
Speaker 1: would be telling me, to be honest with you. If
2:43
Speaker 1: I'm innocent, You better believe I'm yapping at everybody. My
2:47
Speaker 1: cellmate's going to hate how much I'm telling them. The
2:50
Speaker 1: warden's going to hate it. Every single time someone comes
2:52
Speaker 1: to take me to get chow in jail, I'm telling
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Speaker 1: them I'm innocent. I'm never shutting up about it. Never
2:58
Speaker 1: mind standing guilty. Me and my big fat mouth would never,
3:02
Speaker 1: ever shut up. So when I see something like this,
3:04
Speaker 1: it just amazes me. I would think that you'd want
3:07
Speaker 1: everybody from here all the way to Pakistan to know
3:10
Speaker 1: that you were innocent. As the October trial looms, Kohlberger
3:14
Speaker 1: faces four counts of first-degree murder and one count of
3:17
Speaker 1: burglary for the November 13th killing of University of Idaho
3:22
Speaker 1: students Kaylee Gonsalves, Madison Mogan, Zanna Kernodle, and Ethan Chapin
3:27
Speaker 1: in an off-campus home in Moscow, Idaho. Though a sweeping
3:31
Speaker 1: gag order has largely shrouded the details of the case
3:35
Speaker 1: from the public, investigators have said Kohlberger, a graduate student
3:39
Speaker 1: in the Department of Criminology, at nearby Washington State University,
3:43
Speaker 1: broke into the victim's home and stabbed them repeatedly before
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Speaker 1: fleeing the scene. And while it's true that the gag
3:50
Speaker 1: order is shrouding the case in mystery, if you follow
3:53
Speaker 1: along with those court documents, I know I say it
3:55
Speaker 1: all the time and I'm a broken record at this point,
3:58
Speaker 1: but it's going to lead you to a place of clarity.
4:01
Speaker 1: We might not have all of the details, but at
4:04
Speaker 1: least we know what's being filed and which way they're headed.
4:09
Speaker 1: The gruesome killings and prolonged investigation blanketed the college campus
4:14
Speaker 1: and surrounding city in uncertainty and apprehension. After nearly seven weeks,
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Speaker 1: Kohlberger was arrested and identified as the alleged killer. There
4:23
Speaker 1: are a number of reasons defendants may choose to stand silent,
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Speaker 1: especially in such a high profile and highly scrutinized case
4:32
Speaker 1: as Kohlberger's, according to a University of Idaho law professor,
4:36
Speaker 1: Samuel Newton. And hey, look, I guess Samuel Newton would
4:39
Speaker 1: certainly know more than me. I'm not a lawyer. So
4:43
Speaker 1: if this is something that he thinks is a good
4:45
Speaker 1: strategy for his client, great. But if I was innocent,
4:48
Speaker 1: I'd be telling my lawyer, I know that you think
4:51
Speaker 1: this is a good strategy, but I'm innocent and I'm
4:53
Speaker 1: not going to sit here and stand silent. I would
4:56
Speaker 1: stand up in that courtroom and forcefully say, not guilty,
5:01
Speaker 1: your honor. The defendant may want to avoid criticism that
5:05
Speaker 1: could come with a certain plea, Newton said. A not
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Speaker 1: guilty plea, for example, may spark public outrage that they
5:11
Speaker 1: are not taking responsibility for their alleged crimes, he explained. Yeah,
5:16
Speaker 1: I don't buy that one. No way in hell. Look,
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Speaker 1: you're already charged. Everybody already thinks you did it. You
5:21
Speaker 1: might as well come out and start making your case.
5:25
Speaker 1: And for me, it would start right here. Look, I
5:27
Speaker 1: am not guilty. Now let's get the ball rolling. prosecutors
5:31
Speaker 1: and defense attorneys may also be negotiating behind the scenes,
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Speaker 1: potentially discussing a plea agreement. Newton said, now that's possible.
5:39
Speaker 1: They might be discussing something to get that death penalty
5:43
Speaker 1: off the books. We know that Brian Koberger more than
5:46
Speaker 1: likely will be facing the death penalty. And we know
5:49
Speaker 1: that his attorneys don't want them to, you know, meet
5:52
Speaker 1: the hangman. So if they can negotiate for him to
5:55
Speaker 1: plead guilty, if the state will take the death penalty
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Speaker 1: off of the table, Might be something that he's interested in.
6:02
Speaker 1: Or then again, maybe his narcissism won't allow it. Bremner
6:07
Speaker 1: dismissed the idea that the move could indicate Kohlberger's attorney
6:11
Speaker 1: may be considering a plea of not guilty by reason
6:13
Speaker 1: of insanity because there is no insanity defense in Idaho. Bingo.
6:18
Speaker 1: There is no insanity defense in Idaho. Just look at
6:22
Speaker 1: Lori Vallow and what she went through as far as
6:25
Speaker 1: competency and how it pushed the trial back. But the
6:28
Speaker 1: trial still happened, right? So the same thing would be
6:31
Speaker 1: in effect here. He'd go for evaluation, they'd make a determination,
6:36
Speaker 1: and then eventually his ass would be standing trial. Or,
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Speaker 1: Newton added, it could simply be that the defendant is
6:43
Speaker 1: being difficult and not wanting to cooperate. Bremner echoed the possibility, saying,
6:49
Speaker 1: maybe he's just trying to be defiant or attempting to
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Speaker 1: show he's the smartest guy in the courtroom. She pointed
6:55
Speaker 1: to Koberger's background as a criminology student, noting, He knew
6:59
Speaker 1: enough about criminal studies that it would have an impact.
7:03
Speaker 1: So again, look, we have to keep that in mind.
7:06
Speaker 1: Brian Kohlberger certainly comes off as the guy who thinks
7:09
Speaker 1: he's the smartest man in the room. Then you listen
7:12
Speaker 1: to what his students had to say, his colleagues had
7:14
Speaker 1: to say, and he was always abrasive, always thinking he
7:18
Speaker 1: knew better, and that leads right into the whole narcissistic
7:22
Speaker 1: profile that's been built for him. What happens next for Kohlberger?
7:27
Speaker 1: Kohlberger has been held without bail since he was arrested
7:30
Speaker 1: in December at his parents' home in Pennsylvania and brought
7:33
Speaker 1: back to Idaho where he awaits trial. The trial is
7:36
Speaker 1: set to begin October 2nd and is expected to last
7:40
Speaker 1: about six weeks. Now, I wouldn't get our hopes up
7:43
Speaker 1: too much on that trial date because we know things
7:46
Speaker 1: are funky in the legal system and a lot of
7:48
Speaker 1: times things get postponed. So, I wouldn't be making any
7:52
Speaker 1: travel arrangements if you're planning to head to the trial
7:55
Speaker 1: in until we get some more information and until things
7:59
Speaker 1: progress a little bit further. Because I have a feeling
8:02
Speaker 1: Kohlberger is going to waive his right to a speedy
8:05
Speaker 1: trial again so he can compile more evidence. Prosecutors have
8:10
Speaker 1: 60 days from Monday to announce in writing whether they
8:13
Speaker 1: plan to seek the death penalty in their case against him.
8:17
Speaker 1: Two hearings are also scheduled for June 9th to address
8:20
Speaker 1: motions filed by an attorney representing the family of Gonsalves
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Speaker 1: and a media coalition regarding concerns over the wide-ranging gag
8:29
Speaker 1: order in the case. The restriction currently prohibits prosecutors, defense lawyers,
8:35
Speaker 1: attorneys for victims' families, and witnesses from publicly discussing details
8:40
Speaker 1: of the case that are not already public record. So,
8:44
Speaker 1: of course... Very difficult to get to the bottom of
8:48
Speaker 1: things when you're not getting any official commentary. And it
8:51
Speaker 1: also leads to a fertile ground for conspiracy theories and
8:55
Speaker 1: dum-dums to grow their stupid nonsense. And you know what
8:58
Speaker 1: I'm talking about. The TikTok psychics, the tarot card readers,
9:03
Speaker 1: the people who are out here telling you these kids
9:05
Speaker 1: were murdered because this was a drug deal gone wrong.
9:08
Speaker 1: All of that dumb shit. That was never based in reality,
9:12
Speaker 1: could have been avoided if there was more communication coming
9:16
Speaker 1: from official channels. But at the same time, we have
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Speaker 1: to recognize that the court has to defend a fair
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Speaker 1: trial for the suspect. So it's a very, very tight
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Speaker 1: rope that they have to walk. and Judge Marshall decided
9:29
Speaker 1: that the gag order was the best way to go
9:32
Speaker 1: about it. And while I agree that a gag order
9:35
Speaker 1: of some sort is probably necessary here, I think the
9:38
Speaker 1: scope of the gag order is a bit overbroad. Investigators
9:44
Speaker 1: detail evidence against the suspect. After Kohlberger was arrested, investigators
9:51
Speaker 1: laid out some of the evidence that led them to
9:53
Speaker 1: hone in on the 28-year-old as their suspect. including surveillance
9:58
Speaker 1: footage a witness account and DNA evidence. A key lead
10:02
Speaker 1: came from surveillance footage, which caught a white Hyundai Elantra
10:07
Speaker 1: near the victim's home that night, according to a probable
10:10
Speaker 1: cause affidavit. The vehicle, which was later found by police
10:14
Speaker 1: at Washington State University in nearby Pullman, Washington, was registered
10:18
Speaker 1: to Kohlberger, authorities said. Kohlberger's driver's license information was consistent
10:25
Speaker 1: with a description of the suspect given to police by
10:28
Speaker 1: one of the victim's surviving roommates, officials said. And remember,
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Speaker 1: it's all of this stuff added up, not just one
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Speaker 1: piece of this evidence that makes it such a damning
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Speaker 1: case against Brian Kohlberger. The roommate told investigators that she
10:43
Speaker 1: saw a masked figure clad in black in the house
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Speaker 1: on the morning of the killings, according to an affidavit.
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Speaker 1: She described the person as 5'10 or taller, male, not
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Speaker 1: very muscular, but athletically built with bushy eyebrows, it said.
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Speaker 1: As the investigation was still ongoing, Kohlberger drove cross-country to
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Speaker 1: his parents' house in Pennsylvania. Arriving there about a week
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Speaker 1: before Christmas, Monroe County Chief Public Defender Jason Labar told
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Speaker 1: CNN in December. There, investigators were finally able to connect
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Speaker 1: Kohlberger to the crime scene by linking DNA found and
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Speaker 1: trash collected from his family's home to DNA on a
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Speaker 1: tan leather knife sheath found lying next to one of
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Speaker 1: the victims, the affidavit said. A cache of items was
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Speaker 1: seized from the Pennsylvania home after the suspect's arrest, including
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Speaker 1: a cell phone, black gloves, black masks, laptops, a Smith
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Speaker 1: & Wesson pocket knife, and a knife with a leather sheath,
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Speaker 1: according to an evidence log. Authorities also seized a white
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Speaker 1: 2015 Hyundai Elantra, an attorney for the suspect previously said
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Speaker 1: he'd used to drive, accompanied by his father, to his
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Speaker 1: parents' home for the holidays. The vehicle was dismantled by investigators,
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Speaker 1: who collected parts, fibers, and swabs for further examination. court
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Speaker 1: documents show. Alright, so there's a little bit more on
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Speaker 1: why Brian Kohlberger would choose to stand silent instead of
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Speaker 1: entering a plea on his own. As for me, that's
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Speaker 1: going to do it for this one. All of the
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Speaker 1: information that goes with the episode can be found in
12:23
Speaker 1: the description box. What's up everyone and welcome back to
12:27
Speaker 1: the program. Now that Brian Kohlberger is pleaded guilty, we
12:32
Speaker 1: have a hearing coming up and hopefully after that hearing,
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Speaker 1: the judge removes the gag order that has been draped
12:38
Speaker 1: over the case from the very beginning. And in this episode,
12:43
Speaker 1: we're going to take a look at the memorandum in
12:45
Speaker 1: support of the motion to be heard as interested parties
12:49
Speaker 1: and vacate the non-dissemination order. And this was filed by
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Speaker 1: the Media Coalition. Case number CR01-24-31665. Memorandum in support of
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Speaker 1: motion to be heard as interested parties and vacate non-dissemination order. Introduction.
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Speaker 1: On July 2, 2025, Brian Koberger pled guilty to the
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Speaker 1: murders of four University of Idaho students and to one
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Speaker 1: count of burglary. Mr. Koberger's plea sharply changed the Sixth
13:23
Speaker 1: Amendment fair trial First Amendment balance in the case. Mr.
13:27
Speaker 1: Koberger will never face a jury to determine his guilt,
13:31
Speaker 1: nor will a jury have any role in determining whether
13:34
Speaker 1: the death penalty is the proper punishment. All that remains
13:37
Speaker 1: is for the court, not a jury, to impose a sentence.
13:41
Speaker 1: But even then, the parties have waived a present tense
13:44
Speaker 1: investigation and Mr. Kohlberger has agreed that he will not
13:48
Speaker 1: argue for anything less than consecutive life sentences without the
13:51
Speaker 1: possibility of parole. Even before Mr. Kohlberger was arrested, the
13:56
Speaker 1: court entered and has enforced a non-dissemination order restricting the
14:00
Speaker 1: individuals involved with the case from making extrajudicial statements. see
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Speaker 1: declaration of Wendy Olson and support a motion to be
14:09
Speaker 1: heard as interested parties and vacate the non-dissemination order. These
14:14
Speaker 1: non-dissemination orders have been predicated on a singular justification, preservation
14:20
Speaker 1: of Mr. Kohlberger's right to a fair trial. But Mr.
14:24
Speaker 1: Kohlberger's change of plea and the terms of the plea
14:27
Speaker 1: agreement have rendered that justification moot. In the absence of
14:31
Speaker 1: this justification, the non-dissemination order's infringement on the First Amendment
14:36
Speaker 1: is impermissible. Indeed, at the conclusion of the plea hearing,
14:40
Speaker 1: the state said only that it opposed the court's suggestion
14:43
Speaker 1: to discontinue the order because it would be easier for
14:46
Speaker 1: the parties in preparing for sentencing. This cannot justify the
14:50
Speaker 1: continued imposition on free speech. The non-dissemination order is now
14:55
Speaker 1: plainly overbroad and therefore runs afoul of the First Amendment. Accordingly,
15:00
Speaker 1: the media coalition respectfully requests that this court Vacate the
15:04
Speaker 1: non-dissemination order immediately. 2. Argument The non-dissemination order should be
15:12
Speaker 1: vacated immediately because its sole justification no longer exists, and thus,
15:17
Speaker 1: it impermissibly prohibits free speech. For the non-dissemination order to
15:23
Speaker 1: be valid, it must serve a legitimate government purpose that
15:27
Speaker 1: overrides the effects of the restrictions on the media coalition's
15:31
Speaker 1: First Amendment rights. Radio and Television News Association of Southern
15:35
Speaker 1: California vs. U.S. District Court for Central District of California,
15:40
Speaker 1: 9th Circuit, 1986. A non-dissemination order that is vague, overbroad,
15:46
Speaker 1: unduly restrictive, or not narrowly drawn is an unconstitutional obstacle
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Speaker 1: to news gathering. Associated Press, 2nd Judicial District, 172, Idaho, 2023.
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Speaker 1: The non-dissemination order in this case no longer passes constitutional muster.
16:04
Speaker 1: The non-dissemination order is no longer justified by the need
16:07
Speaker 1: to preserve a fair trial. By its own terms, the
16:11
Speaker 1: needs for the non-dissemination order is moot. The non-dissemination order
16:15
Speaker 1: provides a singular justification for its restrictions to preserve the
16:19
Speaker 1: right to a fair trial. That justification no longer exists. Mr.
16:25
Speaker 1: Kohlberger is pled guilty. He's waived his right to an appeal. Thus,
16:29
Speaker 1: there is no possible set of circumstances under which Mr.
16:32
Speaker 1: Kohlberger will ever face a jury to determine his guilt
16:36
Speaker 1: or to determine whether the death penalty should have been imposed.
16:39
Speaker 1: No trial will occur. Thus, there is no need to
16:42
Speaker 1: preserve Mr. Kohlberger's right to a fair trial because he
16:46
Speaker 1: has already admitted guilt. Moreover, the effects of the non-dissemination
16:50
Speaker 1: order are more than collateral on the media coalition's First
16:54
Speaker 1: Amendment rights. Radio 781 F. 2D at 1447. Non-dissemination orders strip
17:01
Speaker 1: journalists of a crucial tool for informing the public and
17:05
Speaker 1: exercising their First Amendment rights. Declaration of Rebecca Boone in
17:09
Speaker 1: support of motion to be heard as interested parties and
17:12
Speaker 1: vacate non-dissemination order. See also People vs. Sledge 312, 2015.
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Speaker 1: Although the gag order does not directly prohibit the media
17:21
Speaker 1: from discussing the case, it prohibits the most meaningful sources
17:25
Speaker 1: of information from discussing the case with the media. It
17:29
Speaker 1: has long been recognized that the media acts as a
17:33
Speaker 1: surrogate for the public. Richmond Newspapers Inc. vs. Virginia 448 U.S.
17:40
Speaker 1: 1980 Also Cox Broadcasting Corporation vs. Cone 1975 In a
17:46
Speaker 1: society in which each individual has but limited time and
17:50
Speaker 1: resources with which to observe at first hand the operation
17:54
Speaker 1: of his government, He relies necessarily upon the press to
17:57
Speaker 1: bring to him the convenient, form the facts of those operations.
18:02
Speaker 1: More so, the free press is the guardian of the
18:05
Speaker 1: public interest. Lay vs. Salazar, 2012 One of the most
18:10
Speaker 1: basic rules for fair reporting to seek comment from the
18:13
Speaker 1: subjects of a news story. Boone's Declaration at Eight Offering
18:17
Speaker 1: subjects of news coverage the opportunity to comment or to
18:20
Speaker 1: respond to criticism or allegation of wrongdoing is is a
18:23
Speaker 1: core part of most journalism codes of ethics. Seeking comment
18:28
Speaker 1: and insight from people closest to an event or a
18:31
Speaker 1: news story allows the media to provide context, convey diversity
18:34
Speaker 1: of opinions, give voice to the voiceless, and hold the
18:38
Speaker 1: powerful to account. Now that there is no need to
18:41
Speaker 1: preserve Mr. Kohlberger's Sixth Amendment right to a fair trial,
18:45
Speaker 1: the infringement on the media coalition's First Amendment right cannot
18:49
Speaker 1: be justified. Thus, the court should vacate the non-dissemination order. 2.
18:54
Speaker 1: There are no other legitimate justifications for continuing enforcement of
18:58
Speaker 1: the non-dissemination order. There is no other legitimate justification for
19:03
Speaker 1: leaving the non-dissemination order in place. At the change of
19:07
Speaker 1: a plea hearing, the state justified its request for the
19:10
Speaker 1: continuation of the non-dissemination order by claiming that it would
19:14
Speaker 1: give them space to prepare for the upcoming sentencing. This
19:17
Speaker 1: justification is not a legitimate government interest. The media coalition
19:23
Speaker 1: has been unable to locate any authority that supports the
19:26
Speaker 1: notion of providing an attorney space from media requests is
19:30
Speaker 1: sufficient to justify the imposition of a non-dissemination order. The
19:35
Speaker 1: relevant authority provides one justification for this type of free
19:39
Speaker 1: speech restriction. The accused writes to a fair trial. Nebraska
19:43
Speaker 1: Press Association v. Stewart, 427 U.S. 539, 1976. Mr. Kohlberger did
19:41
Speaker 1: not object to continuing to enforce the non-dissemination order but
20:10
Speaker 1: did not himself request that it remain in effect. Indeed,
20:15
Speaker 1: it appeared that even the court saw no reason to
20:17
Speaker 1: continue enforcing the non-dissemination order following Mr. Kohlberger's change of
20:22
Speaker 1: plea until the state requested that it remain in effect
20:26
Speaker 1: until after the sentencing. And the media coalition is made
20:29
Speaker 1: up of the 24 media organizations as listed in the
20:32
Speaker 1: captioned This is largely the same coalition of media parties
20:37
Speaker 1: that were allowed to intervene in this matter regarding the
20:40
Speaker 1: non-dissemination order and to be heard as interested parties regarding
20:44
Speaker 1: other issues related to media access. The state's apparent desire
20:49
Speaker 1: to not have media requests while it finishes its work
20:52
Speaker 1: on the case cannot justify infringing on the First Amendment rights.
20:56
Speaker 1: Under the state's reasoning, every non-dissemination order could be justified.
21:01
Speaker 1: This cannot be so. Conclusion Simply put, the non-dissemination order
21:06
Speaker 1: no longer serves a legitimate purpose. For the reasons stated
21:10
Speaker 1: in this memorandum, the media coalition respectfully requests that this
21:14
Speaker 1: court grant its motion and vacate the non-dissemination order. This
21:19
Speaker 1: document was dated July 3rd, 2025 and it was signed
21:23
Speaker 1: by Wendy Olson. All of the information that goes with
21:27
Speaker 1: this episode can be found in the description box. What's
21:30
Speaker 1: up everyone and welcome back to the program. In a
21:34
Speaker 1: few hours from now, the legal system is preparing to
21:37
Speaker 1: close the books on one of the most highly scrutinized
21:40
Speaker 1: criminal cases in recent American memory. Brian Kohlberger, the man
21:45
Speaker 1: who pleaded guilty earlier this month to the 2022 killings
21:49
Speaker 1: of four University of Idaho students, is set to be
21:53
Speaker 1: sentenced in a state courtroom in Boise. The plea deal
21:57
Speaker 1: he accepted eliminated the possibility of a capital sentence. Instead,
22:01
Speaker 1: prosecutors are requesting... for life terms without the possibility of parole,
22:07
Speaker 1: in addition to a separate sentence tied to a first-degree
22:10
Speaker 1: burglary charge, the sentencing will be handed down today. This
22:15
Speaker 1: hearing is expected to follow the standard structure for felony
22:18
Speaker 1: sentencing in Idaho, but the emotional gravity and national attention
22:22
Speaker 1: surrounding it elevates it. The judge will begin by confirming
22:27
Speaker 1: the procedural integrity of the plea agreement and outlining the
22:30
Speaker 1: charges to which the defendant has admitted guilt Then, before
22:35
Speaker 1: any sentence is formally imposed, a crucial segment will unfold,
22:39
Speaker 1: and that's the victim impact statements. These will be delivered
22:44
Speaker 1: by family members of the four victims and potentially by
22:47
Speaker 1: survivors or members of the Moscow community who have submitted
22:51
Speaker 1: verified testimony. The court has allotted substantial time for this
22:55
Speaker 1: portion of the hearing given the scale of loss and
22:58
Speaker 1: public interest involved. Following that, Kohlberger himself will be offered
23:03
Speaker 1: the chance to speak. Whether or not he chooses to
23:06
Speaker 1: do so is unknown, and there's no legal requirement compelling
23:10
Speaker 1: him to make a statement. If he does speak, this
23:13
Speaker 1: would be his first and only opportunity to address the
23:17
Speaker 1: court directly since entering his plea. No formal motive has
23:21
Speaker 1: been entered into the record, and no psychological explanation has
23:25
Speaker 1: been provided by the defense, which has remained tight-lipped throughout
23:29
Speaker 1: the proceedings. Should he decline to speak, This case may
23:33
Speaker 1: conclude without any definitive articulation of why he carried out
23:37
Speaker 1: the murders, a fact that's frustrated both the public and
23:41
Speaker 1: the victims' families. Once all statements have been heard, Judge
23:46
Speaker 1: Hippler will issue sentencing. Based on the plea deal terms
23:50
Speaker 1: and prosecution recommendations, it's expected that Koberger will receive life
23:54
Speaker 1: in prison without parole for each of the four murder
23:57
Speaker 1: counts to run consecutively. An additional sentence, likely 10 years,
24:02
Speaker 1: will be imposed for the burglary charge. These terms will
24:05
Speaker 1: formally eliminate the possibility of Koberger ever being released from prison,
24:10
Speaker 1: barring an extraordinary post-conviction development, which are exceedingly rare in
24:15
Speaker 1: cases with a guilty plea of this nature. This hearing
24:19
Speaker 1: will not revisit the facts of the case, no witnesses
24:22
Speaker 1: will be called, there will be no presentation of forensic evidence,
24:25
Speaker 1: no cross-examinations, and no jury presence. All legal matters pertaining
24:30
Speaker 1: to Kohlberger's guilt have already been resolved, and what remains
24:34
Speaker 1: now is a procedural finality, the court formally registering a
24:39
Speaker 1: sentence that matches the gravity of the plea and the
24:42
Speaker 1: nature of the charges. It's the last step in a
24:45
Speaker 1: system that moves slowly but, in this case, decisively. From
24:49
Speaker 1: a procedural standpoint, the hearing will begin with the court
24:52
Speaker 1: calling the case and verifying Kohlberger's identity. Judge Hippler will
24:57
Speaker 1: then read the formal charges. and confirm that the defendant's
25:00
Speaker 1: guilty plea remains in effect and uncontested. There will be
25:04
Speaker 1: a brief overview of the plea agreement entered earlier this month,
25:08
Speaker 1: which exchanged the possibility of capital punishment for a full
25:11
Speaker 1: admission of guilt. This phase will reaffirm what Koberger knowingly, voluntarily,
25:17
Speaker 1: and intelligently waived his right to trial and accepted the
25:20
Speaker 1: terms without coercion. It also locks in the boundaries of
25:24
Speaker 1: the sentencing, removing any ambiguity about what is on the table.
25:28
Speaker 1: life imprisonment without parole, not death. Next, the prosecution will
25:33
Speaker 1: present its final sentencing argument. This may include a reiteration
25:37
Speaker 1: of the harm caused, the brutal nature of the crimes,
25:40
Speaker 1: and the state's rationale for pursuing four consecutive life sentences
25:45
Speaker 1: rather than concurrent terms. Prosecutors will highlight aggravating factors, even
25:50
Speaker 1: though the death penalty has been waived, such as premeditation,
25:53
Speaker 1: victim vulnerability, or the emotional trauma inflicted on surviving family members,
25:58
Speaker 1: and the greater community. It's also possible they will reference
26:02
Speaker 1: the defendant's academic background in criminology as an indication of
26:06
Speaker 1: calculated intent. The goal here is to impress upon the
26:10
Speaker 1: judge the need for maximum irreversible sentencing in alignment with
26:14
Speaker 1: the gravity of the case. Following the prosecution, the defense
26:18
Speaker 1: will be given an opportunity to respond. Because guilt is
26:22
Speaker 1: no longer a question, this phase will not involve contesting
26:26
Speaker 1: the facts and Instead, the defense may try to humanize
26:29
Speaker 1: Kohlberger or request leniency in the structure of the sentence,
26:33
Speaker 1: for example, asking for concurrent life terms rather than consecutive ones,
26:38
Speaker 1: even though such a request is unlikely to succeed. They
26:41
Speaker 1: may also choose not to make any statement at all,
26:44
Speaker 1: particularly if this strategy is to avoid further public exposure
26:48
Speaker 1: or scrutiny. Whether the defense introduces mental health concerns, remorse,
26:53
Speaker 1: or mitigating background information remains to be seen. The victim
26:58
Speaker 1: impact statements will then be delivered. These are often the
27:01
Speaker 1: most emotionally intense moments in a sentencing hearing. Parents, siblings,
27:06
Speaker 1: and close friends of the victims will speak directly to
27:09
Speaker 1: the court and by proximity to Kohlberger, describing the impact
27:14
Speaker 1: the crimes had on their lives. These statements are not
27:18
Speaker 1: subject to cross-examination and are often personal, unfiltered, and raw.
27:23
Speaker 1: The court may also accept written statements into the record
27:27
Speaker 1: from those unable to attend or unwilling to speak publicly.
27:30
Speaker 1: Though victim impact statements do not alter the legal sentence,
27:34
Speaker 1: they serve a critical psychological and symbolic function in the
27:38
Speaker 1: justice process. Finally, Kohlberger will be given the opportunity to speak,
27:44
Speaker 1: known as allocution. This is entirely voluntary. If he chooses
27:49
Speaker 1: to remain silent, the court will proceed to sentencing without interruption.
27:54
Speaker 1: If he chooses to speak, he may offer an apology,
27:57
Speaker 1: a justification, a denial of motive, or nothing of substantive
28:01
Speaker 1: value at all. There's no obligation to explain his actions
28:05
Speaker 1: and the court cannot compel him to do so. Once
28:08
Speaker 1: allocution is complete or declined, the judge will read the
28:12
Speaker 1: final sentence into the record. The courtroom will then adjourn
28:16
Speaker 1: and barring any post-sentencing motions, Brian Kohlberger will be transferred
28:21
Speaker 1: to to the Idaho Department of Corrections to begin serving
28:24
Speaker 1: his life term in custody. No further court appearances are expected.
28:30
Speaker 1: And while today's hearing will mark procedural closure for the
28:33
Speaker 1: state of Idaho, not all families impacted by the murders
28:36
Speaker 1: view this outcome as full justice. The plea deal removed
28:41
Speaker 1: the death penalty from consideration, and although that decision accelerated
28:45
Speaker 1: the legal timeline, and spared everyone a prolonged trial, it
28:49
Speaker 1: also eliminated what some relatives saw as the only proportionate
28:53
Speaker 1: consequence for the crime. For the Gonsalves family in particular,
28:57
Speaker 1: the idea that Brian Koberger will spend the rest of
29:00
Speaker 1: his life in a secure facility with access to books, healthcare,
29:04
Speaker 1: and a controlled routine feels inadequate when measured against the
29:07
Speaker 1: brutality of what was taken from them. Their public statements
29:11
Speaker 1: in recent months have reflected a deep dissatisfaction with the
29:14
Speaker 1: plea agreement, and it's expected that their impact statements today
29:18
Speaker 1: will reiterate that belief. From their perspective, the legal system
29:23
Speaker 1: has reached a resolution, but moral resolution remains elusive. A
29:29
Speaker 1: life sentence without parole may be the harshest available penalty
29:32
Speaker 1: under the current deal, but to a grieving family still
29:35
Speaker 1: waiting for a motive, still living with the daily weight
29:38
Speaker 1: of absence, it can feel more like containment than justice.
29:42
Speaker 1: That dissonance, the gap between legal finality and emotional closure,
29:47
Speaker 1: is something that will linger long after the judge exits
29:51
Speaker 1: the bench. There is also the broader concern among some
29:55
Speaker 1: family members and community voices that that removing the death
29:59
Speaker 1: penalty removed leverage. Without a looming trial or the threat
30:03
Speaker 1: of execution, there was no legal pressure on Kohlberger to
30:06
Speaker 1: disclose his motive, explain his thinking, or answer for the
30:10
Speaker 1: psychological violence he inflicted on an entire town. For many,
30:15
Speaker 1: that silence is intolerable. And the Gonsalves family has been
30:20
Speaker 1: especially vocal about their desire to understand why, why their daughter,
30:24
Speaker 1: why that house, why that night. And with the deal
30:28
Speaker 1: in place, it's entirely possible those answers will never come.
30:34
Speaker 1: This has raised a deeper philosophical divide about the purpose
30:37
Speaker 1: of sentencing itself. Is it merely about punishment? Is it
30:41
Speaker 1: about deterrence, rehabilitation, public safety, or symbolic restitution? For some families,
30:48
Speaker 1: especially those whose loved ones were murdered in a calculated
30:52
Speaker 1: and intimate manner, only death feels equivalent to what occurred.
30:56
Speaker 1: The idea that Kohlberger's life will continue, even under the
30:59
Speaker 1: constraints of a prison cell, registers as an imbalance that
31:03
Speaker 1: the justice system has failed to correct. The legal threshold
31:07
Speaker 1: has been met, but the emotional ledger remains in deficit.
31:11
Speaker 1: So while today may close the chapter in the eyes
31:14
Speaker 1: of the court, for families like the Gonsalves, it may
31:17
Speaker 1: only cement the fact that the system can't and won't
31:21
Speaker 1: go far enough. The grief isn't lessened by the absence
31:24
Speaker 1: of appeals. Their pain isn't quieted by a clean legal process.
31:29
Speaker 1: And their questions are not resolved by consecutive life sentences.
31:34
Speaker 1: What comes next for them is not justice, but survival
31:37
Speaker 1: in a world where accountability was delivered without answers. And
31:41
Speaker 1: that reality will echo far beyond the courtroom long after
31:45
Speaker 1: the final sentence is read. And in many ways, Today's
31:50
Speaker 1: sentencing hearing is a collision between two versions of justice.
31:53
Speaker 1: The systems and the families. For the court, the outcome
31:57
Speaker 1: is sufficient. Permanent incarceration, no appeals, no legal resolution. For prosecutors,
32:04
Speaker 1: it's a clean conviction that spares witnesses the trauma of testifying.
32:09
Speaker 1: But for the families, especially those who still wake up
32:12
Speaker 1: expecting a voice at the top of the stairs or
32:14
Speaker 1: a light on in the kitchen, this isn't closure. It's permanence.
32:19
Speaker 1: not of justice, but of absence. And that permanence cannot
32:23
Speaker 1: be legislated away or surgically closed with a court order.
32:27
Speaker 1: There's also a sense of unfinished business, even at the
32:30
Speaker 1: finish line. Koberger's refusal to give a motive, whether strategic
32:35
Speaker 1: or pathological, leaves a vacuum that nothing on today's docket
32:39
Speaker 1: can fill. The families will walk into that courtroom burdened
32:43
Speaker 1: with statements carefully written and emotionally excruciating. They'll leave knowing,
32:49
Speaker 1: that they may have spoken their truth into a void
32:52
Speaker 1: with no acknowledgement, no admission of intent, and no real
32:55
Speaker 1: insight into the mind of the man who destroyed their lives.
32:59
Speaker 1: And that absence of meaning, of context, is its own
33:03
Speaker 1: kind of cruelty. And as the judge reads off the sentences,
33:07
Speaker 1: life without parole, again and again, there will be no
33:11
Speaker 1: moment of triumph, no cathartic cheer, just the dull finality
33:15
Speaker 1: of a man being handed over to a system but
33:18
Speaker 1: will never explain him. For those watching closely, it will
33:22
Speaker 1: feel clinical, sterile, and almost disturbingly efficient. Four vibrant, full
33:28
Speaker 1: lives were taken in a brutal flash, and the answer
33:30
Speaker 1: to that is a series of administrative declarations and a
33:34
Speaker 1: transfer order. In the aftermath, media outlets will issue headlines.
33:39
Speaker 1: Pundits will analyze the outcome. True crime enthusiasts will close
33:43
Speaker 1: the tab and move on to the next case. But
33:46
Speaker 1: for the families who will speak today, and for those
33:49
Speaker 1: who chose to stay silent, the day won't end when
33:52
Speaker 1: the courtroom empties. There will be no real ending at all.
33:56
Speaker 1: Just the continued throb of absence, now accompanied by the
33:59
Speaker 1: bitter knowledge that the man responsible never explained, never confessed
34:04
Speaker 1: in any meaningful way, and never said why. So yes,
34:08
Speaker 1: the state may be done with Brian Koberger. The papers
34:11
Speaker 1: will say justice has been served. But justice without truth
34:15
Speaker 1: is a hollow victory. And for the families left behind,
34:19
Speaker 1: it brings a heavy finality that this is as much
34:23
Speaker 1: as the system was ever going to give them. And
34:26
Speaker 1: the brutal, unspoken understanding that it was never going to
34:30
Speaker 1: be enough. All of the information that goes with this
34:33
Speaker 1: episode can be found in the description box.