Latest / Beyond The Horizon / Mega Edition: What Was Known About Bryan Kohberger Directly After His Arrest? (9/11/26)

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Mega Edition: What Was Known About Bryan Kohberger Directly After His Arrest? (9/11/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. So
• 0:04
  Speaker 1: we're getting some more information about the person of interest
• 0:07
  Speaker 1: in the murders in Moscow and the man who was arrested,
• 0:10
  Speaker 1: his name is Brian Koberger. And here are five fast
• 0:16
  Speaker 1: facts that we need to know about Brian Koberger. Today's
• 0:21
  Speaker 1: article is from Heavy. Headline, Brian Koberger, Idaho murder suspect,
• 0:27
  Speaker 1: five fast facts you need to know. Brian Koberger is
• 0:32
  Speaker 1: the suspect and criminology graduate student who was accused in
• 0:36
  Speaker 1: the stabbing deaths of four University of Idaho students who
• 0:39
  Speaker 1: were killed in Moscow, Idaho. Koberger, 28, was arrested on
• 0:44
  Speaker 1: December 30th of 2022 in Monroe County, Pennsylvania, court records show.
• 0:50
  Speaker 1: His name was first confirmed by WPVI, a Philadelphia news station.
• 0:57
  Speaker 1: The accused man's full name is Brian Christopher Koberger, according
• 1:01
  Speaker 1: to News Nation reporter Brian Enten, who posted the suspect's
• 1:05
  Speaker 1: mugshot on Twitter. And you'll be able to check it
• 1:08
  Speaker 1: out for yourself inside of this link.
• 1:11
  Speaker 2: It'll be posted.
• 1:12
  Speaker 1: But I'm sure most of you have already seen it
• 1:14
  Speaker 1: by this point. If you're looking at the story, the
• 1:17
  Speaker 1: mugshot is everywhere now. And you look at the guy
• 1:20
  Speaker 1: and you want to say, oh, yeah, this dude looks
• 1:22
  Speaker 1: like a stone cold killer. And in hindsight, obviously, we
• 1:25
  Speaker 1: can say that. But this could have been a man
• 1:27
  Speaker 1: standing right next to you at the store, or somebody, obviously,
• 1:31
  Speaker 1: who could have been sitting directly next to you in
• 1:34
  Speaker 1: a college class. And this is what I'm talking about
• 1:37
  Speaker 1: when I say, evil is everywhere, folks. None of us
• 1:40
  Speaker 1: are immune from it. It doesn't matter if you're in Moscow, Idaho,
• 1:44
  Speaker 1: or if you're in the.
• 1:44
  Speaker 2: Middle of New York City.
• 1:46
  Speaker 1: You have to keep your head on a swivel, unfortunately,
• 1:49
  Speaker 1: because we have a hyper-violent society.
• 1:51
  Speaker 2: However.
• 1:52
  Speaker 1: That wouldn't have mattered in this case. They were murdered
• 1:54
  Speaker 1: in their homes, in their beds. And what this does,
• 1:58
  Speaker 1: at least for me, is it confirms that it was
• 2:00
  Speaker 1: somebody that wasn't in their circle. Somebody that was on
• 2:03
  Speaker 1: the outer edges. Somebody that didn't even go to this college.
• 2:08
  Speaker 1: This person was attending Washington State University as a graduate student.
• 2:13
  Speaker 1: And that campus is only, what, eight miles away from Moscow.
• 2:19
  Speaker 1: So it's not like he was far away from them.
• 2:21
  Speaker 1: like living in Pennsylvania, meaning this person. So he probably,
• 2:25
  Speaker 1: and this is my speculation, by the way, probably saw
• 2:28
  Speaker 1: them out sometime and took a liking to them. And
• 2:31
  Speaker 1: we all know how that ends up when somebody is
• 2:34
  Speaker 1: seriously deranged like this person obviously, allegedly is. Koberger is
• 2:40
  Speaker 1: facing extradition to Idaho on murder charges, the WPVI news
• 2:45
  Speaker 1: station reports. Koberger An Albrightville, Pennsylvania native is a graduate
• 2:50
  Speaker 1: student at Washington State University in Pullman, Washington, not far
• 2:54
  Speaker 1: from Moscow. According to the WSU website, Kohlberger is pursuing
• 2:59
  Speaker 1: his PhD in criminal justice and criminology. Now, we're going
• 3:03
  Speaker 1: to read a post from Reddit that this man posted
• 3:06
  Speaker 1: about seven months ago, and it's pretty chilling in hindsight,
• 3:10
  Speaker 1: but we're going to do that at the end of
• 3:12
  Speaker 1: this episode. The deaths have roiled the campus town. The
• 3:17
  Speaker 1: four friends were found inside a home, according to previous
• 3:20
  Speaker 1: statements from police, who created a website to debunk rumors
• 3:24
  Speaker 1: and give out information as the community was gripped in fear.
• 3:28
  Speaker 1: The deaths were previously ruled homicides, police said. So, here's
• 3:32
  Speaker 1: what you need to know about Brian Koberger. 1. Koberger
• 3:38
  Speaker 1: was taken into custody in Monroe County, Pennsylvania, reports say.
• 3:43
  Speaker 1: NBC Philadelphia first broke the story that a man was
• 3:46
  Speaker 1: in custody in the Idaho murders and later also named
• 3:49
  Speaker 1: him as Brian Christopher Koberger. Koberger was referred to in
• 3:54
  Speaker 1: the NBC Philadelphia story as a person of interest. Authorities
• 3:58
  Speaker 1: have not yet confirmed the arrest. NBC New York called
• 4:01
  Speaker 1: the man a suspect in its headline. Now, all of
• 4:04
  Speaker 1: these sources, these outlets, they have a lot of well-placed
• 4:08
  Speaker 1: sources when it comes to cases like this. Murder... police sources,
• 4:13
  Speaker 1: people in the prosecutor's office. So when it comes to
• 4:16
  Speaker 1: stuff like this coming out, you can be reasonably sure
• 4:20
  Speaker 1: most times that it's at the very least very close
• 4:23
  Speaker 1: to what's really going on. And my guess is that
• 4:26
  Speaker 1: this is the person that they've been looking for. However,
• 4:29
  Speaker 1: I will throw in this little tidbit. I was reading
• 4:32
  Speaker 1: earlier from some sources, including Jennifer Kofendaffer, that an accomplice
• 4:38
  Speaker 1: might have been arrested as well. Now, I can't confirm that,
• 4:41
  Speaker 1: And as of now, that's just speculation and scuttlebutt. But
• 4:44
  Speaker 1: it's something to keep on the horizon considering what went
• 4:48
  Speaker 1: down here and how they've said that it could be
• 4:50
  Speaker 1: multiple people throughout this whole entire thing. According to the
• 4:55
  Speaker 1: NBC Philadelphia story, which broke on December 30th, Kohlberger was
• 5:00
  Speaker 1: taken into custody near the Pocono Mountains in connection with
• 5:03
  Speaker 1: the November 13th, 2022 Moscow homicides. Number two. Moscow, Idaho
• 5:10
  Speaker 1: police announced they are holding a press conference on December 30th, 2022.
• 5:16
  Speaker 1: In a press release posted to their Facebook page, Moscow
• 5:19
  Speaker 1: police announced that they will be holding a 1 p.m.
• 5:22
  Speaker 1: press conference on Friday, December 30th, 2022 in the city
• 5:27
  Speaker 1: council chambers at 206 East 3rd Street of Moscow City Hall.
• 5:32
  Speaker 1: That announcement came on the morning news broke about Kohlberger's arrest.
• 5:38
  Speaker 1: Police Chief James Fry will give an update of the
• 5:40
  Speaker 1: ongoing investigation into the quadruple homicide that occurred at 1122
• 5:45
  Speaker 1: King Road on Sunday, November 13th, the press release says.
• 5:49
  Speaker 1: Officials from the Moscow Police Department, Idaho State Police, the
• 5:53
  Speaker 1: City of Moscow and the University of Idaho will be present.
• 5:57
  Speaker 1: So it's obviously a significant press conference where I would
• 6:00
  Speaker 1: expect them to announce that this is their suspect and
• 6:04
  Speaker 1: they're going to continue moving forward with the extradition process
• 6:08
  Speaker 1: to get this man in Idaho to face the justice
• 6:10
  Speaker 1: that he allegedly deserves. The police statement did not address
• 6:15
  Speaker 1: the NBC Philadelphia story about a suspect's arrest, but it said,
• 6:19
  Speaker 1: please hold all media inquiries until after the news conference.
• 6:23
  Speaker 1: All four victims were students at the University of Idaho.
• 6:26
  Speaker 1: Please respect the privacy of the victim's family, friends, and
• 6:30
  Speaker 1: loved ones as the Moscow Police Department investigates this tragic event.
• 6:35
  Speaker 1: A police news release stated, And I hope that people
• 6:38
  Speaker 1: who are out there pointing their finger at folks learn
• 6:40
  Speaker 1: a good hard lesson from this one. You shouldn't be
• 6:43
  Speaker 1: out there pointing your finger at people without evidence. Now
• 6:47
  Speaker 1: you can say, I think X, Y, and Z happened
• 6:51
  Speaker 1: at the crime scene. But to point your finger at
• 6:53
  Speaker 1: somebody specifically without any evidence is just absolutely ridiculous. And
• 7:00
  Speaker 1: there's a whole lot of people who did that once
• 7:02
  Speaker 1: again throughout this case who are going to probably face
• 7:05
  Speaker 1: some lawsuits. And I even remember a reading from that
• 7:09
  Speaker 1: FBI agent, Gilliam, whatever his first name is. about how
• 7:13
  Speaker 1: Steve Gonsalves was a suspect and how he might have
• 7:16
  Speaker 1: done all of these murders. Imagine that. Imagine having the
• 7:19
  Speaker 1: audacity to get on a platform, get on like Fox
• 7:22
  Speaker 1: News or Newsmax, if you want to consider that an
• 7:25
  Speaker 1: outlet even, and say that sort of thing with no evidence,
• 7:28
  Speaker 1: nothing to back it up. So hopefully throughout all of this,
• 7:32
  Speaker 1: people are going to learn. And hopefully there's going to
• 7:34
  Speaker 1: be some lawsuits. If I was Kaylee's ex-boyfriend, Jack, I'd
• 7:38
  Speaker 1: be suing the shit out of people.
• 7:40
  Speaker 2: Believe it.
• 7:41
  Speaker 1: Imagine trying to grieve your ex-girlfriend who you've been with
• 7:44
  Speaker 1: for all these years, and then all of a sudden
• 7:46
  Speaker 1: you find out that she's murdered, and then on top
• 7:49
  Speaker 1: of that, people want to jump on the internet and
• 7:51
  Speaker 1: point their finger at you even after you've been cleared?
• 7:54
  Speaker 1: Or how about Hoodie Guy? If I was Hoodie Guy,
• 7:57
  Speaker 1: another person that should probably file some lawsuits. And don't
• 8:00
  Speaker 1: even get me started on the tarot reader. I mean,
• 8:02
  Speaker 1: imagine the tarot reader. How's she going to spin this one?
• 8:05
  Speaker 1: She's looking at a fat-ass lawsuit. And she even doubled
• 8:08
  Speaker 1: down on the nonsense. And it's all about driving traffic.
• 8:11
  Speaker 1: It's all about the clicks. It's all about the engagement.
• 8:14
  Speaker 1: It's trying to draw the CPMs and doing anything to
• 8:17
  Speaker 1: do that. Well, here's an idea. Have better content and
• 8:21
  Speaker 1: you won't have to rely on tarot cards or bullshit
• 8:24
  Speaker 1: snake oil grifting to try and get people to tune in.
• 8:29
  Speaker 1: But there's always going to be snake oil salesmen. There's
• 8:31
  Speaker 1: always going to be grifters. And there's always going to
• 8:34
  Speaker 1: be people who are looking to capitalize on tragedies such
• 8:37
  Speaker 1: as this. And they came out in the boatload when
• 8:41
  Speaker 1: we're talking about what happened in Moscow.
• 8:43
  Speaker 2: Now, as far as the.
• 8:45
  Speaker 1: Rest of the facts here, the other three, they're just
• 8:47
  Speaker 1: going over the case a little bit more. So we're
• 8:50
  Speaker 1: not going to rehash that stuff, talking about, you know,
• 8:53
  Speaker 1: the initial phone call, the unconscious students.
• 8:55
  Speaker 2: We've already been all over all of that.
• 8:58
  Speaker 1: So instead of that, what we're going to do is
• 9:00
  Speaker 1: we're going to read this Reddit post made by Brian
• 9:03
  Speaker 1: Koberger about seven months ago for some project he was
• 9:08
  Speaker 1: working on. This was posted 212 days ago to the
• 9:13
  Speaker 1: Reddit sub board of ex-cons. Research participation needed. Hello, my
• 9:19
  Speaker 1: name is Brian, and I am inviting you to participate
• 9:21
  Speaker 1: in a research project that seeks to understand how emotions
• 9:26
  Speaker 1: and psychological traits influence decision making when committing a crime.
• 9:30
  Speaker 1: Tell me that shit isn't chilling in hindsight. And by
• 9:33
  Speaker 1: the way, this is already wiped from Reddit. When I
• 9:36
  Speaker 1: went back to look at it just a few seconds ago,
• 9:38
  Speaker 1: it was wiped. Thankfully, I had a screen grab. In particular,
• 9:43
  Speaker 1: this study seeks to understand the story behind your most
• 9:47
  Speaker 1: recent criminal offense with an emphasis on your thoughts and
• 9:50
  Speaker 1: feelings throughout your experience. In the event that your most
• 9:53
  Speaker 1: recent offense was not one that led to a conviction,
• 9:56
  Speaker 1: you may still participate. Additional surveys are included. after the
• 10:01
  Speaker 1: open-ended section as to best understand your unique traits. The
• 10:05
  Speaker 1: study should take about 15 to 20 minutes to fully complete. Now,
• 10:09
  Speaker 1: tell me that isn't chilling in hindsight. And why would
• 10:12
  Speaker 1: Reddit wipe that? I can't stand when they do this
• 10:15
  Speaker 1: kind of thing. Anytime there's some kind of crime, the
• 10:18
  Speaker 1: first thing they do is wipe social media.
• 10:20
  Speaker 2: Why is that?
• 10:21
  Speaker 1: What are they trying to hide? Your identity and all
• 10:26
  Speaker 1: answers provided are completely confidential, and the link to the
• 10:30
  Speaker 1: survey is also an anonymous link. This research has been
• 10:35
  Speaker 1: approved by the DeSales University IRB. Participants must be 18
• 10:40
  Speaker 1: years of age or older. If you opt to participate,
• 10:43
  Speaker 1: you may terminate participation at any time for any reason.
• 10:48
  Speaker 1: If you have any questions about this research, you may
• 10:51
  Speaker 1: contact the research team via email. Student Investigator, Brian Koberger.
• 10:56
  Speaker 1: And it also provides an email address where he can
• 10:58
  Speaker 1: be contacted. So I thought that would be a very
• 11:01
  Speaker 1: interesting add to the catalog and to this episode, considering
• 11:05
  Speaker 1: I doubt people are going to be talking about it
• 11:07
  Speaker 1: in the actual media, considering it was wiped so quickly.
• 11:11
  Speaker 1: Right when I found out his name, I hopped on
• 11:13
  Speaker 1: and I started looking at different social media sites and stuff,
• 11:16
  Speaker 1: seeing what I could find and what I can screen
• 11:18
  Speaker 1: grab before it got wiped. So I found a few
• 11:21
  Speaker 1: things and we'll see what else gets wiped. And we'll
• 11:23
  Speaker 1: also see what we get from the press conference this afternoon.
• 11:27
  Speaker 1: And we'll go from there. But the good news is, folks,
• 11:30
  Speaker 1: sliding into this weekend, sliding into the new year on
• 11:33
  Speaker 1: a happier note, at least with somebody in custody for
• 11:36
  Speaker 1: these vile, disgusting murders.
• 11:40
  Speaker 2: All right, folks, that's going to do it for this one.
• 11:42
  Speaker 1: If you'd like to contact me, you can do that
• 11:44
  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
• 11:54
  Speaker 1: also find me on Twitter at B-O-B-B-Y underscore C-A-P-U-C-C-I. The
• 12:00
  Speaker 1: link that I discussed can be found in the description box.
• 12:05
  Speaker 1: What's up, everyone, and welcome back to the program. Ever
• 12:08
  Speaker 1: since Brian Kohlberger was announced as the suspect in the
• 12:12
  Speaker 1: murders in Moscow, we have heard from people who knew
• 12:15
  Speaker 1: him previously who have told us about Brian Kohlberger's past
• 12:20
  Speaker 1: and what he was up to as far as his
• 12:22
  Speaker 1: behavior before all of this went down. Well, now we're
• 12:27
  Speaker 1: learning a little bit more, obviously, as things continue to
• 12:30
  Speaker 1: evolve and everything we learn, it really just all looks
• 12:34
  Speaker 1: bad for Brian Kohlberger. And when you hear reports about
• 12:37
  Speaker 1: his behavior towards women and towards other people, well, it
• 12:41
  Speaker 1: just continues to add layer upon layer of bad news
• 12:46
  Speaker 1: for Brian Kohlberger. So today we have an article from
• 12:49
  Speaker 1: the U.S. Sun and the headline, Dark Claims. Disturbing details
• 12:54
  Speaker 1: emerge about Idaho murder suspect Brian Kohlberger and his treatment
• 12:58
  Speaker 1: of women. This article was authored by Forrest McFarland. And
• 13:03
  Speaker 1: we have heard several times now about Brian Kohlberger and
• 13:06
  Speaker 1: his creepy-ass behavior. Following a woman out to the car,
• 13:10
  Speaker 1: grading people that are women more harshly than men, and
• 13:15
  Speaker 1: just being a general all-around creep. Idaho murder suspect Brian
• 13:20
  Speaker 1: Kohlberger allegedly made foreboding sexist comments toward his female colleagues.
• 13:25
  Speaker 2: Before he was fired, sources have said.
• 13:28
  Speaker 1: Kohlberger, 28, allegedly graded his female students harsher than men
• 13:33
  Speaker 1: while working as a criminology graduate assistant at Washington State University,
• 13:38
  Speaker 1: according to a new report. Well, we know that he
• 13:41
  Speaker 1: graded harsher. We've heard that previously. And we also know that,
• 13:45
  Speaker 1: according to these people that were around him, he was
• 13:48
  Speaker 1: also a sexist. And what I find interesting about these
• 13:51
  Speaker 1: reports is that they were made prior to him being
• 13:55
  Speaker 1: named as the suspect. So this wasn't just a piling on. Now,
• 14:00
  Speaker 1: I'm sure there was some of that in the aftermath
• 14:03
  Speaker 1: of all of this. You know, people coming out of
• 14:05
  Speaker 1: the woodwork, giving their commentary about them knowing Brian Kohlberger,
• 14:09
  Speaker 1: you know, 25 years ago or whatever. But when you're
• 14:13
  Speaker 1: talking about recent relationships and you're talking about his current
• 14:17
  Speaker 1: behavior while he's a teaching assistant at Washington State, I
• 14:22
  Speaker 1: think that that information of him being this way currently, recently,
• 14:27
  Speaker 1: is a lot more damning than him being a drug addict.
• 14:30
  Speaker 2: Previously, or a creep previously, or a weirdo, or whatever.
• 14:35
  Speaker 1: Because there's a lot of people who are very awkward
• 14:37
  Speaker 1: when they're young, and then they grow up and they're
• 14:39
  Speaker 1: not awkward anymore. But then there's people like Brian Kohlberger,
• 14:43
  Speaker 1: who are not awkward, they might seem awkward, but really,
• 14:47
  Speaker 1: they're just fucked up. The graduate student was charged in
• 14:50
  Speaker 1: late December with the brutal stabbings of roommates Kaylee Gonsalves,
• 14:54
  Speaker 1: Madison Mogan, and Zanna Kernodle. along with Zanna's boyfriend, Ethan Chapin,
• 14:59
  Speaker 1: on November 13th. One month after four students were found
• 15:03
  Speaker 1: heartlessly slashed to death outside the University of Idaho campus,
• 15:08
  Speaker 1: Koberger was let go from the program. However, it was
• 15:12
  Speaker 1: not for his alleged involvement in the killings. Former colleagues
• 15:15
  Speaker 1: have told NewsNation that he was known for making snide
• 15:18
  Speaker 1: comments toward women in the program, and this day and age,
• 15:22
  Speaker 1: that's not going to work out so well for you.
• 15:24
  Speaker 1: With everybody being so hyper-focused on other people's behavior, you
• 15:28
  Speaker 1: better show up to work and just do your job
• 15:30
  Speaker 1: and go home at this point, especially if you're working
• 15:33
  Speaker 1: on a college campus where everybody's wilding out already. Koberger
• 15:39
  Speaker 1: allegedly told females at Washington State University that men would
• 15:43
  Speaker 1: take all of their jobs because they were not as smart.
• 15:46
  Speaker 1: Someone associated with the murder suspect.
• 15:48
  Speaker 2: Told the outlet.
• 15:50
  Speaker 1: The anonymous sources claimed that multiple people filed complaints against
• 15:53
  Speaker 1: him after he harshly graded female students, and a harassment
• 15:58
  Speaker 1: training seminar was even held at the school. Now, if
• 16:01
  Speaker 1: you're the cause of your place of employment having to
• 16:04
  Speaker 1: hold a harassment seminar, chances are you're not going to
• 16:08
  Speaker 1: last too long at that company. And that's what happened
• 16:12
  Speaker 1: with Brian Kohlberger. If it wasn't for these murders, he
• 16:15
  Speaker 1: wouldn't have been able to keep this job anyway, because
• 16:17
  Speaker 1: the facade was slipping, right? The mask was falling. And
• 16:21
  Speaker 1: that second face, the hidden face, that I always talk
• 16:24
  Speaker 1: about here, well, it was being revealed. Kohlberger was let
• 16:27
  Speaker 1: go in December of 2022 after he had not made
• 16:31
  Speaker 1: progress regarding professionalism. His termination letter, seen by News Nation states,
• 16:36
  Speaker 1: the letter did not address any of the sexism allegations.
• 16:41
  Speaker 1: According to the letter, Kohlberger allegedly had an altercation with
• 16:45
  Speaker 1: a professor he was assisting, John Snyder, on September 23rd.
• 16:50
  Speaker 1: A professor allegedly emailed Koberger about the ways in which
• 16:53
  Speaker 1: you had failed to meet your expectations as a TA
• 16:56
  Speaker 1: thus far in the semester. By October 21st, the outlet reports.
• 17:01
  Speaker 1: So he was having all of these issues leading up
• 17:04
  Speaker 1: to the murders in Moscow. And like I said previously,
• 17:07
  Speaker 1: I believe that the issues at work ended up being
• 17:11
  Speaker 1: that tipping point where Brian Koberger finally said, now's the time.
• 17:16
  Speaker 1: And whatever damn he had built inside of his brain
• 17:18
  Speaker 1: to hold back the evil, well, it broke. The termination
• 17:23
  Speaker 1: letter stated that department leaders met with Kohlberger to discuss
• 17:27
  Speaker 1: an improvement plan on November 2nd, which was 11 days
• 17:30
  Speaker 1: before the students were stabbed. After the Idaho students were murdered,
• 17:34
  Speaker 1: Kohlberger also allegedly was involved in a second altercation with
• 17:39
  Speaker 1: Professor Snyder on December 9th, according to the letter. So
• 17:42
  Speaker 1: you see what I'm talking about here? How this could
• 17:44
  Speaker 1: have been the proverbial straw that broke the camel's back
• 17:48
  Speaker 1: and set Brian Kohlberger into motion? Mad at the professor,
• 17:52
  Speaker 1: mad at everything that's going on, and then finally just
• 17:55
  Speaker 1: snapping and doing what he allegedly did. Other people close
• 18:00
  Speaker 1: to the matter have spoken out about alleged interactions with
• 18:03
  Speaker 1: Kohlberger as he remains in jail awaiting trial. In one instance,
• 18:07
  Speaker 1: Kohlberger allegedly followed a female student to her car according
• 18:11
  Speaker 1: to two people familiar with the situation who spoke to
• 18:14
  Speaker 1: the New York Times. Nah, nothing weird about that. Imagine
• 18:18
  Speaker 1: your daughter calling you and saying, Hey, Dad, my professor
• 18:21
  Speaker 1: was following me to my car. I'm sure all of
• 18:23
  Speaker 1: you dads out there would react fantastically.
• 18:26
  Speaker 2: To that news.
• 18:27
  Speaker 1: However, the university's investigation didn't find Koberger guilty of any
• 18:32
  Speaker 1: wrongdoing in these complaints. A local brewery that Koberger frequented
• 18:37
  Speaker 1: told News Nation that female workers... had complained about his
• 18:40
  Speaker 1: inappropriate behavior in the past. They had even flagged his
• 18:44
  Speaker 1: ID in the system to warn of his past actions,
• 18:47
  Speaker 1: sources said. Kohlberger stands accused of fatally stabbing three young women,
• 18:52
  Speaker 1: Kaylee Gonsalves, Madison Mogan, and Zanna Kernodle, as well as
• 18:57
  Speaker 1: Zanna's boyfriend, Ethan Chapin, on November 13th. Authorities released some
• 19:03
  Speaker 1: information on physical evidence that was taken in by detectives
• 19:06
  Speaker 1: before the Idaho judge issued a gag order for the trial.
• 19:11
  Speaker 1: And it's because of that gag order that news has
• 19:13
  Speaker 1: slowed down to an absolute trickle here. And that's why
• 19:17
  Speaker 1: we're following along still with those court documents. That's the
• 19:20
  Speaker 1: blueprint to what's going on here as far as inside
• 19:24
  Speaker 1: of the courtroom. We don't get a look inside of
• 19:26
  Speaker 1: the courtroom, but following along with those documents, it gives
• 19:30
  Speaker 1: us an idea. at the direction things are going at
• 19:33
  Speaker 1: the very least. In an unsealed arrest warrant, police described
• 19:38
  Speaker 1: a list of belongings they recovered from his parents' home
• 19:40
  Speaker 1: where he was arrested. Detectives took in four medical style gloves,
• 19:45
  Speaker 1: a black champion sweatshirt, black face masks, size 13 Nike shoes,
• 19:50
  Speaker 1: a knife, black gloves and the black hat during Kohlberger's arrest.
• 19:55
  Speaker 1: The document states after he was let go from Washington
• 19:59
  Speaker 1: State University, Kohlberger drove all the way back to his
• 20:02
  Speaker 1: parents home in Pennsylvania with his father. Police in Pennsylvania
• 20:07
  Speaker 1: are currently looking into any other potential homicides that could
• 20:10
  Speaker 1: be linked to Kohlberger, according to reports. Kohlberger was arrested
• 20:16
  Speaker 1: on December 30th and has maintained his innocence, though he
• 20:19
  Speaker 1: has yet to submit a formal plea. And as far
• 20:23
  Speaker 1: as looking for cold cases that are connected to Brian Kohlberger,
• 20:27
  Speaker 1: I don't know how successful they'll be at finding those,
• 20:30
  Speaker 1: in Pennsylvania especially. I would think that if Kohlberger... Has
• 20:35
  Speaker 1: done this before.
• 20:36
  Speaker 2: It might have.
• 20:37
  Speaker 1: Been in the lead up. To murdering these kids in
• 20:40
  Speaker 1: their house in Moscow. So perhaps look on the west coast.
• 20:43
  Speaker 1: For these kinds of murders. Now we know that. The
• 20:47
  Speaker 1: Judens up in Oregon. They suffered the same kind of attack.
• 20:51
  Speaker 1: And while they ruled out Brian Kohlberger. That attack. And
• 20:55
  Speaker 1: the attack in Moscow. Were very very similar. Somebody sneaks in.
• 21:00
  Speaker 1: In the middle of the night like that. And then
• 21:02
  Speaker 1: they kill people. They don't take anything. And then they
• 21:05
  Speaker 1: just slip out and they use a knife to do it.
• 21:08
  Speaker 1: So that means that there's another killer out there, if
• 21:11
  Speaker 1: it's not Brian Kohlberger, who's responsible for what happened to
• 21:14
  Speaker 1: the Judens. So that's not a very comforting thought either,
• 21:17
  Speaker 1: because whoever did that to them is obviously capable of
• 21:21
  Speaker 1: doing it again. But the cold case situation with Brian Kohlberger,
• 21:25
  Speaker 1: I don't know if they're going to be able to
• 21:27
  Speaker 1: find anything as far as him being connected to murders
• 21:30
  Speaker 1: inside of Pennsylvania. I believe that he always harbored these
• 21:35
  Speaker 1: sorts of ideas, these sorts.
• 21:36
  Speaker 2: Of fantasies, if you will.
• 21:38
  Speaker 1: But once he got out to Washington and once he
• 21:41
  Speaker 1: started working in that TA job and things started escalating
• 21:46
  Speaker 1: as far as he selected a target, which who I
• 21:49
  Speaker 1: think now at this point was Madison Mogan. But once
• 21:53
  Speaker 1: all of that started to come into play, that's when
• 21:55
  Speaker 1: things really kicked in for Kohlberger. And that's when that
• 21:59
  Speaker 1: second face made the appearance. And in my opinion, it
• 22:02
  Speaker 1: all came to a head After he had these problems
• 22:05
  Speaker 1: at work, and after all of those years of keeping
• 22:08
  Speaker 1: those demons pressed down deep inside, Brian Koberger finally let
• 22:14
  Speaker 1: them out. And according to the government, the massacre at
• 22:18
  Speaker 1: 1122 King Road in Moscow was the result. All right, folks,
• 22:22
  Speaker 1: that's going to do it for this one. All of
• 22:24
  Speaker 1: the information that goes with this episode can be found
• 22:27
  Speaker 1: in the description box. What's up, everyone, and welcome back
• 22:31
  Speaker 1: to the program. Yesterday we heard that Brian Kohlberger and
• 22:36
  Speaker 1: his legal team were accusing the FBI of intimidating their witness. Well,
• 22:43
  Speaker 1: we're now learning that the witness may not have been
• 22:46
  Speaker 1: completely truthful when it comes to their declaration and the
• 22:50
  Speaker 1: affidavit that they gave. And that came after prosecutors noticed
• 22:55
  Speaker 1: an irregularity with some of the testimony from the DNA
• 22:59
  Speaker 1: expert that was called by Brian Kohlberger's team Gabriella Vargas.
• 23:05
  Speaker 1: So like I said yesterday, remember the accusations that are
• 23:09
  Speaker 1: being leveled by Koberger's team are just that, accusations. It's
• 23:13
  Speaker 1: the same as Murdaugh's legal team saying that there was
• 23:17
  Speaker 1: all kinds of prosecutorial misconduct. That sounds really bad, and
• 23:22
  Speaker 1: it sounds like it's a foothold for Alec Murdaugh, but
• 23:25
  Speaker 1: is it really? Or are they just allegations that are
• 23:29
  Speaker 1: being thrown out there to help muddy the water. Because remember,
• 23:32
  Speaker 1: at this point, it's a game of narratives. Both sides
• 23:35
  Speaker 1: are thinking about potential jurors and what potential jurors might
• 23:39
  Speaker 1: think or say once the jury is impaneled and Koberger
• 23:43
  Speaker 1: is in front of them. So if Koberger's lawyers can
• 23:45
  Speaker 1: sow some seeds of doubt with a potential jury that
• 23:48
  Speaker 1: there's some prosecutorial misconduct, so much the better for Brian
• 23:52
  Speaker 1: Koberger's team. But the problem is, it doesn't seem like
• 23:56
  Speaker 1: there's any there there. So... Let's dive into this article
• 24:00
  Speaker 1: from Fox News and let's try and sort this all out. Headline,
• 24:05
  Speaker 1: FBI Investigates Key Witness for Brian Koberger's Defense. This article
• 24:12
  Speaker 1: was authored by Michael Ruiz and it was published by
• 24:16
  Speaker 1: Fox News. Rather than cross-examining an expert witness for the
• 24:20
  Speaker 1: defense of Idaho, murder suspect Brian Koberger, Latah County Prosecutor
• 24:25
  Speaker 1: Bill Thompson flagged the FBI to investigate her following some
• 24:30
  Speaker 1: contradictory testimony. Kohlberger's defense has alleged grand jury irregularities, prosecutorial misconduct,
• 24:38
  Speaker 1: and has attempted to discredit DNA methods used in the case.
• 24:43
  Speaker 1: Gabriela Vargas, an expert on genetic genealogy, testified on the
• 24:47
  Speaker 1: DNA issues during a hearing on August 18th. Days later,
• 24:52
  Speaker 1: the feds knocked on her door according to Kohlberger's attorneys.
• 24:56
  Speaker 1: Now look, if you give false statements in the court
• 25:00
  Speaker 1: and you're under oath, that's contempt. You can go to
• 25:03
  Speaker 1: jail for that. I'm not saying that's what she did here.
• 25:07
  Speaker 1: I don't know. But if you're not being truthful and
• 25:10
  Speaker 1: you're on the witness stand, that's certainly contempt of court.
• 25:14
  Speaker 1: And you're looking at a jail sentence. So is it
• 25:17
  Speaker 1: really witness intimidation? As Brian Kohlberger's lawyers attempted to assert,
• 25:23
  Speaker 1: or is the FBI just going to shake some trees
• 25:26
  Speaker 1: and doing what their job description tells them they should
• 25:29
  Speaker 1: be doing? And for those of you out there who
• 25:31
  Speaker 1: might be new listeners, I'm not a big fan of
• 25:34
  Speaker 1: the FBI. I'm not in the business of defending them here.
• 25:37
  Speaker 1: But right is right and wrong is wrong. And you
• 25:40
  Speaker 1: have to call balls and strikes how you see them.
• 25:43
  Speaker 1: And it doesn't seem to me that the FBI is
• 25:45
  Speaker 1: out of line for talking to a witness who might
• 25:47
  Speaker 1: have perjured herself in open court. I would think that's
• 25:50
  Speaker 1: something that they would go and investigate. Last night, she
• 25:54
  Speaker 1: was visited by two FBI agents and interrogated about her
• 25:58
  Speaker 1: testimony and the findings of her declaration. Ann Taylor, Kohlberger's
• 26:03
  Speaker 1: lead defense attorney, said during an August hearing that, in
• 26:07
  Speaker 1: our view, impacts Mr.
• 26:09
  Speaker 2: Kohlberger's due process rights.
• 26:11
  Speaker 1: And if it wasn't because her declaration didn't add up
• 26:14
  Speaker 1: with her testimony, I'd be much more inclined to give
• 26:18
  Speaker 1: the nod to Kohlberger here and say that his team
• 26:20
  Speaker 1: has the right of it. Anytime the government is harassing
• 26:25
  Speaker 1: a witness, not a good thing. But that doesn't seem
• 26:28
  Speaker 1: to be the case. Now that we're getting some more
• 26:30
  Speaker 1: details about this, certainly seems that Brian Kohlberger's team is
• 26:34
  Speaker 1: once again playing some games. When we heard of that,
• 26:38
  Speaker 1: I reached out to investigators and asked, can you find
• 26:41
  Speaker 1: out what is going on, Thompson said. The FBI indeed
• 26:46
  Speaker 1: undertook an investigation, and other reports are that Ms. Vargas
• 26:50
  Speaker 1: claimed that some of what was in her declaration she
• 26:53
  Speaker 1: had inadvertently agreed to or signed without fully reading. Now,
• 26:58
  Speaker 1: why in the hell are you signing any kind of
• 27:00
  Speaker 1: court document, any document, by the way, without fully reading it?
• 27:06
  Speaker 1: especially if you're some kind of expert witness for the defense.
• 27:11
  Speaker 1: I'm sure that the prosecutors are going to have a
• 27:13
  Speaker 1: field day with this, and my guess is that Ms.
• 27:16
  Speaker 1: Vargas here is not going to be called as a
• 27:19
  Speaker 1: witness when we get to the trial. Because if you're
• 27:21
  Speaker 1: leaving things out in your declaration, the prosecutors are going
• 27:24
  Speaker 1: to have a field day with that during cross-examination, and
• 27:28
  Speaker 1: the jury, well, I'm sure the jury would love to
• 27:30
  Speaker 1: hear all about how you have no idea what you're
• 27:33
  Speaker 1: talking about. The expert testimony had other controversy with prosecutors
• 27:39
  Speaker 1: asking the court for permission to delay cross-examination to a
• 27:43
  Speaker 1: later date over a snafu with PowerPoint slides. And that's
• 27:47
  Speaker 1: relatively common during the process for one side or the
• 27:50
  Speaker 1: other to object to the way something's being presented. We
• 27:54
  Speaker 1: saw it during the VALO trial. They tried to get
• 27:57
  Speaker 1: some of the PowerPoint slides.
• 27:59
  Speaker 2: Out of evidence.
• 28:00
  Speaker 1: Because they say that they weren't prepared correctly or they
• 28:04
  Speaker 1: didn't have time to look at them. You know, a
• 28:06
  Speaker 1: whole host of reasons as to why this evidence shouldn't
• 28:10
  Speaker 1: be admitted into the court. The exchange happened during an
• 28:14
  Speaker 1: August 23 hearing, but resurfaced last week after Thompson declined
• 28:18
  Speaker 1: to cross-examine Vargas and another DNA expert and former FBI
• 28:23
  Speaker 1: agent Tracy Walder told Law and Crime that such an
• 28:26
  Speaker 1: interview is atypical. The FBI declined to comment, but legal
• 28:31
  Speaker 1: experts tell Fox News Digital that circling back for an
• 28:35
  Speaker 1: interview with a witness who may have signed something she
• 28:38
  Speaker 1: didn't read is a permissible move. Well, yeah, the court
• 28:42
  Speaker 1: is going to want to know what the hell is
• 28:44
  Speaker 1: going on here. Why is an expert witness signing a
• 28:47
  Speaker 1: declaration that she didn't read or she doesn't understand? Does
• 28:53
  Speaker 1: that sound like a good idea to anybody out there?
• 28:56
  Speaker 1: So why the hell is this lady doing it? And
• 28:58
  Speaker 1: for me, it really throws a whole cloud and shadow
• 29:01
  Speaker 1: over Kohlberger's defense team. If you guys can't bring an
• 29:05
  Speaker 1: expert to the table who can't even maintain basic clerical
• 29:08
  Speaker 1: work with her affidavit, do you really think anyone's going
• 29:11
  Speaker 1: to be giving you the benefit of the doubt when
• 29:13
  Speaker 1: you trot out these experts? I don't think it's entirely
• 29:17
  Speaker 1: unusual for prosecutors to direct their investigators, agents of law enforcement,
• 29:22
  Speaker 1: to follow up with a witness, said Edwina Elcox, a
• 29:26
  Speaker 1: Boise-based defense attorney who is not connected to the case.
• 29:30
  Speaker 1: Unless something untoward happened, mere contact and follow-up is certainly
• 29:35
  Speaker 1: not out of bounds. And of course, the way that
• 29:38
  Speaker 1: Koberger's team was serving it up, was that she was
• 29:40
  Speaker 1: being intimidated. The G-men showed up in their suits, in
• 29:44
  Speaker 1: their black cars, you know, the whole thing. But really
• 29:47
  Speaker 1: what was happening is it was a follow-up interview that
• 29:51
  Speaker 1: was ordered by Bill Thompson and the prosecutor's office. and
• 29:55
  Speaker 1: it was due to the fact that there were irregularities
• 29:58
  Speaker 1: in the affidavit and the statements made by Ms.
• 30:01
  Speaker 2: Vargas.
• 30:02
  Speaker 1: That all seems pretty cut and dry to me. Kohlberger
• 30:06
  Speaker 1: was pursuing a Ph.D. in criminology at Washington State University
• 30:10
  Speaker 1: on November 13, 2022, when four students at the neighboring
• 30:15
  Speaker 1: University of Idaho were stabbed to death at 4 a.m.
• 30:19
  Speaker 1: in a home invasion attack. The victims were close friends,
• 30:23
  Speaker 1: Madison Mogan, Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin. On
• 30:29
  Speaker 1: December 30th, police arrested Kohlberger at his parents' house in Pennsylvania.
• 30:34
  Speaker 1: They seized the alleged suspect's vehicle on the property and
• 30:38
  Speaker 1: had discovered familial DNA in the trash that prosecutors allege
• 30:42
  Speaker 1: matches a sample recovered from a knife sheath left under
• 30:46
  Speaker 1: Mogan's body. The 28-year-old Kohlberger was faces four charges of
• 30:52
  Speaker 1: first-degree murder and one of felony burglary. He could face
• 30:56
  Speaker 1: the death penalty if convicted. Judge John Judge entered a
• 31:01
  Speaker 1: not guilty plea on Koberger's behalf during his arraignment in May.
• 31:06
  Speaker 1: A trial initially set to begin in October has been
• 31:09
  Speaker 1: postponed after Koberger waived his right to a speedy trial
• 31:13
  Speaker 1: last month. Well, there was no doubt that this was
• 31:16
  Speaker 1: going to be delayed. I said that from the very beginning.
• 31:20
  Speaker 1: The timeline that we were dealing with was very optimistic.
• 31:23
  Speaker 1: And when you have this much discovery, this much evidence,
• 31:27
  Speaker 1: and this much rancor on both sides, it's not going
• 31:30
  Speaker 1: to be an easy process. It's going to take time,
• 31:32
  Speaker 1: and both sides are going to jockey for a position.
• 31:36
  Speaker 1: And every time we see one of these court filings
• 31:39
  Speaker 1: going back and forth with these sorts of accusations, you
• 31:42
  Speaker 1: better believe there's a lot more to it than just
• 31:46
  Speaker 1: making the filing. And if you need an example of that,
• 31:49
  Speaker 1: just look how many articles were published yesterday after Kohlberger's
• 31:53
  Speaker 1: team asserted that the FBI was tampering with their witness. Meanwhile,
• 31:58
  Speaker 1: we hadn't heard from the state yet. All we had
• 32:01
  Speaker 1: was the assertions of Kohlberger's team. And now we're hearing
• 32:05
  Speaker 1: from the state why they did this and why they
• 32:08
  Speaker 1: dispatched the FBI to go talk to Mrs.
• 32:10
  Speaker 2: Vargas.
• 32:11
  Speaker 1: And when you look at the whole entire scenario, it
• 32:14
  Speaker 1: makes a lot of sense. And certainly, at least in
• 32:17
  Speaker 1: my opinion, doesn't seem to be something that would be
• 32:20
  Speaker 1: even in the realm of misconduct. And I highly doubt
• 32:23
  Speaker 1: that the court is going to look at it as
• 32:25
  Speaker 1: misconduct either. Now, Judge Judge hasn't made a ruling one
• 32:29
  Speaker 1: way or the other. But once he does make a
• 32:31
  Speaker 1: ruling and an order or a document hits the docket,
• 32:35
  Speaker 1: we'll definitely get it added to the catalog. But on
• 32:38
  Speaker 1: the initial assessment of these claims that there was witness
• 32:42
  Speaker 1: tampering or that the witness was being bullied, I don't
• 32:46
  Speaker 1: see any evidence for that, at least according to what's
• 32:49
  Speaker 1: been made public. So we'll keep an eye on things.
• 32:51
  Speaker 1: And when more information is available, we'll certainly get it
• 32:54
  Speaker 1: added to the catalog. All right, everybody, that's going to
• 32:57
  Speaker 1: do it for this one. All of the information that
• 32:59
  Speaker 1: goes with this episode can be found in the description box.
• 33:03
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 33:07
  Speaker 1: this episode, we're going to dive back into those core documents,
• 33:10
  Speaker 1: and this time we're going to take a look at
• 33:13
  Speaker 1: a few new filings that have hit the docket. The
• 33:16
  Speaker 1: first one we're going to look at is the motion
• 33:19
  Speaker 1: to enlarge time to file pretrial motions and memorandum in support.
• 33:26
  Speaker 1: Case number CR29-22-2805. Motion to enlarge time to file pretrial
• 33:34
  Speaker 1: motions and memorandum in support. State of Idaho Plaintiff vs.
• 33:40
  Speaker 1: Brian Koberger, the defendant. Comes now. Brian C. Koberger, by
• 33:47
  Speaker 1: and through his attorney, and C. Taylor, public defender, hereby
• 33:51
  Speaker 1: moves the court for an order enlarging the time for
• 33:54
  Speaker 1: filing of pretrial motions in this manner. Procedural History The
• 34:00
  Speaker 1: indictment for the above entitled matter was filed on May 16, 2023.
• 34:05
  Speaker 1: Counsel for the defendant filed its initial request for discovery
• 34:09
  Speaker 1: on January 10, 2023. counsel for the defendant filed a
• 34:14
  Speaker 1: motion to make available the record of all proceedings of
• 34:18
  Speaker 1: the grand jury on May 19th, 2023. Based on the
• 34:23
  Speaker 1: amount of time it will likely take to receive and
• 34:26
  Speaker 1: review all grand jury materials for this matter, counsel will
• 34:30
  Speaker 1: need additional time to file pretrial motions pursuant to Idaho
• 34:34
  Speaker 1: criminal rule 12. And remember, they've also received like three
• 34:39
  Speaker 1: terabytes of information from the prosecution. So that whole entire
• 34:43
  Speaker 1: October court date, I don't see it happening. I know
• 34:47
  Speaker 1: we've talked about this a little bit previously, but I
• 34:49
  Speaker 1: don't see how that October 2nd trial date is going
• 34:52
  Speaker 1: to be met.
• 34:54
  Speaker 2: Request.
• 34:56
  Speaker 1: Counsel requests enlargement of time to file pretrial motions of
• 35:00
  Speaker 1: at least 28 days from the receipt of the requested
• 35:04
  Speaker 1: grand jury materials and other discovery materials previously requested. As
• 35:09
  Speaker 1: of the time of this filing of this motion to
• 35:11
  Speaker 1: enlarge time, counsel for defendant has not received any of
• 35:16
  Speaker 1: the grand jury materials. The review of such materials are
• 35:19
  Speaker 1: critical to the adequate preparation of the defendant's defense and
• 35:24
  Speaker 1: will cause counsel for the defendant to likely file pretrial
• 35:28
  Speaker 1: motions regarding various evidentiary issues, challenges to the grand jury,
• 35:33
  Speaker 1: and possible motions for suppression of evidence. And remember, it
• 35:38
  Speaker 1: was a judge in Idaho who took the death penalty
• 35:40
  Speaker 1: off the table for Lori Vallow over prosecutorial missteps. So
• 35:45
  Speaker 1: that's certainly a possibility here if the prosecution isn't on point.
• 35:50
  Speaker 1: Counsel makes this request for the enlargement of time based
• 35:53
  Speaker 1: on the belief that the defendant will be subject to prejudice,
• 35:57
  Speaker 1: harmful error, and inadequate defense without the opportunity to review
• 36:02
  Speaker 1: grand jury materials prior to the filing of pretrial motions. Conclusions.
• 36:08
  Speaker 1: Based on the foregoing reasons, counsel requests enlargement of time
• 36:12
  Speaker 1: to file pretrial motions. If argument is required on the matter,
• 36:16
  Speaker 1: the defendant requests 10 minutes time. This was dated on
• 36:20
  Speaker 1: the 19th of May of 2023 and signed by Ann Taylor.
• 36:26
  Speaker 1: The next document we have is the court minutes that
• 36:29
  Speaker 1: have to do with the gag order and Shannon Gray.
• 36:33
  Speaker 1: Hearing start time, 1021. This being the time set pursuant
• 36:38
  Speaker 1: to order of court for a scheduling conference in this case.
• 36:42
  Speaker 1: Court noted the presence of counsel and defendant appearing in
• 36:45
  Speaker 1: person in Latah County District Courtroom No. 3. Defendant is
• 36:50
  Speaker 1: in Latah County custody. 1021. Court noted all participating parties.
• 36:56
  Speaker 1: Court informed all parties this is the time set for
• 37:00
  Speaker 1: a scheduling conference to address the motions on the non-dissemination order. 10.23 a.m.
• 37:07
  Speaker 1: Court noted Mr. Carone will represent the AP clients for
• 37:11
  Speaker 1: this hearing. 10.23 a.m. There was a connectivity issue with Zoom. 10.26.
• 37:18
  Speaker 1: Court recognized Mr. Shannon Gray represents the Gonsalves family and
• 37:22
  Speaker 1: then noted it would not hold a motion to compel
• 37:25
  Speaker 1: hearing previously set for 11 and will address those issues
• 37:29
  Speaker 1: at this hearing. 10.27. Court was in recess to allow
• 37:33
  Speaker 1: everyone to connect properly by Zoom. 1029. Court resumed on
• 37:38
  Speaker 1: the record, all parties being present as before. 1029. Court
• 37:43
  Speaker 1: noted it would address Mr. Carone's client's motion to vacate
• 37:47
  Speaker 1: the amended non-dissemination order filed on May 1st, 2023, as
• 37:52
  Speaker 1: well as the motion to intervene filed on May 1st, 2023.
• 37:57
  Speaker 1: Court noted the issues are now in front of this court.
• 38:01
  Speaker 1: Court also noted it would like the parties and Mr.
• 38:04
  Speaker 1: Carone to address the issues of cameras in the courtroom. 1031. Mr.
• 38:10
  Speaker 1: Carone directed statements to court regarding scheduling. Nothing counsel has
• 38:15
  Speaker 1: briefed the issues for both the Idaho Supreme Court as
• 38:18
  Speaker 1: well as this court. Mr. Carone clarified counsel has not
• 38:22
  Speaker 1: briefed the issue of cameras in the courtroom and will
• 38:25
  Speaker 1: need to submit a separate brief if necessary. 1031. Court
• 38:30
  Speaker 1: noted it will address cameras in the courtroom at the
• 38:33
  Speaker 1: same time as the non-dissemination order. Court noted it may
• 38:38
  Speaker 1: be better to hold the hearing in person. There being
• 38:40
  Speaker 1: no objection, court set a motion hearing for June 27, 2023,
• 38:46
  Speaker 1: at 1.30 p.m. in person.
• 38:49
  Speaker 2: 10.32.
• 38:49
  Speaker 1: Caron stated he could appear in person if court is
• 38:52
  Speaker 1: anticipating hearing from witnesses who For an evidentiary hearing, there
• 38:57
  Speaker 1: may be some witnesses that would need to appear by Zoom. 1033.
• 39:03
  Speaker 1: Court noted Mr. Caron could file declarations. Court noted if
• 39:07
  Speaker 1: there will be a lot of testimony, it could start
• 39:09
  Speaker 1: as early as 10 a.m.
• 39:12
  Speaker 2: 1034. Mr.
• 39:13
  Speaker 1: Caron addressed court's concerns and stated counsel's position on the
• 39:17
  Speaker 1: evidentiary issues. 1035.
• 39:20
  Speaker 2: Court noted it would keep the.
• 39:22
  Speaker 1: Hearing for 1.30 p.m.
• 39:24
  Speaker 2: 10.34. Court addressed Mr.
• 39:26
  Speaker 1: Gray stating for the sake of judicial efficiency it would
• 39:30
  Speaker 1: keep the hearings together. 10.35. Mr. Gray directed statements to
• 39:35
  Speaker 1: the court and stated his client's motion is different from
• 39:38
  Speaker 1: the AP's motion.
• 39:40
  Speaker 2: Mr.
• 39:40
  Speaker 1: Gray moved for an earlier hearing for his motion by
• 39:43
  Speaker 1: the end of the week. Court recognized this was short
• 39:47
  Speaker 1: notice for everyone and reviewed potential dates. 1036. Mr. Lodson
• 39:52
  Speaker 1: informed Court Defendants Council would be prepared to put on
• 39:56
  Speaker 1: evidentiary presentation on June 27th.
• 40:00
  Speaker 2: 1038.
• 40:01
  Speaker 1: Court reviewed the prior proceedings in the case and acknowledged Mr.
• 40:04
  Speaker 1: Gray's clients have been waiting a long time for their
• 40:07
  Speaker 1: motion to be heard due to the AP's filing with
• 40:10
  Speaker 1: the Idaho Supreme Court. 1038, Mr. Gray addressed the court
• 40:15
  Speaker 1: regarding his client's motion. Mr. Gray moved for the court
• 40:18
  Speaker 1: to address his motion on June 9th, 2023. 1042, there
• 40:21
  Speaker 1: being no objection, court set Mr. Gray's motion for June 9th,
• 40:24
  Speaker 1: 2023 at 1030 a.m. in person. 1042, Mr. Caron stated
• 40:25
  Speaker 1: he would like to have the AP's motion set for
• 40:27
  Speaker 1: a hearing at June 9th, 2023 hearing as well. 1043.
• 40:43
  Speaker 1: Colloquy between court and counsel regarding AP's motion. 1045.
• 40:49
  Speaker 2: Based on Mr.
• 40:49
  Speaker 1: Caron's request, court moved the AP hearing from June 27,
• 40:54
  Speaker 1: 2023 to June 9, 2023 at 1.30 p.m.
• 40:59
  Speaker 2: Mr.
• 40:59
  Speaker 1: Lodgson stated the defense may not be prepared to put
• 41:03
  Speaker 1: on an evidentiary presentation by that time. 1046. Colloquy was
• 41:09
  Speaker 1: had between court and counsel.
• 41:11
  Speaker 2: 1048.
• 41:11
  Speaker 1: Court confirmed Mr. Gray's motion will be heard on June 9th,
• 41:17
  Speaker 1: 2023 at 1030 a.m., and Mr. Caron's motions will be
• 41:20
  Speaker 1: heard on June 9th, 2023 at 130 p.m., both in person.
• 41:27
  Speaker 2: 1048.
• 41:28
  Speaker 1: Court-directed counsel briefs should be filed by June 2nd, 2023,
• 41:31
  Speaker 1: responses filed by June 6th, 2023, and if replies are
• 41:38
  Speaker 1: if any, by June 8th, 2023, which would include the
• 41:42
  Speaker 1: issues of broadcasting and cameras in the courtroom. Court noted
• 41:46
  Speaker 1: it would send a briefing schedule. 1050, court excused Mr.
• 41:51
  Speaker 1: Gray and Mr.
• 41:52
  Speaker 2: Carone.
• 41:53
  Speaker 1: 1050, court addressed the defendant's motion to compel as well
• 41:58
  Speaker 1: as defendant's motion requesting release of grand jury materials under
• 42:02
  Speaker 1: qualified protective order and motion to make available the record
• 42:06
  Speaker 1: of all proceedings of the grand jury pursuant to I.C.R.
• 42:10
  Speaker 2: 6.2.
• 42:11
  Speaker 1: Court noted it granted defendant's motion to enlarge time file,
• 42:16
  Speaker 1: pretrial motions, and memorandum in support. 10.51 a.m. Ms. Taylor
• 42:23
  Speaker 1: moved to set a hearing on motion to compel and
• 42:26
  Speaker 1: subsequent motions for the week of June 26th. There being
• 42:30
  Speaker 1: no objection, court set a motion to compel hearing for
• 42:33
  Speaker 1: June 27th, 2023 at 1.30 p.m. 10.52. Mr. Thompson noted
• 42:40
  Speaker 1: it had not received copies of the other two motions,
• 42:43
  Speaker 1: but will be prepared to address them on June 27th, 2023. 1053,
• 42:50
  Speaker 1: court noted, both Ms. Elisa Massoff and Ms. Ingrid Beatty
• 42:54
  Speaker 1: have been observing this hearing by Zoom. Hearing end time,
• 43:00
  Speaker 1: 1053 a.m. And the final document we're going to look
• 43:05
  Speaker 1: at is the court minutes for Brian Koberger's arraignment. Case number,
• 43:12
  Speaker 1: CR 29-22-2805. Hearing start time, 9.09 a.m. This being the
• 43:21
  Speaker 1: time set pursuant, so order of the court for a
• 43:23
  Speaker 1: district court arraignment in this case. Court noted the presence
• 43:27
  Speaker 1: of counsel and defendant appearing in person in Latah County
• 43:31
  Speaker 1: District Courtroom number three. Court noted defendant is in Latah
• 43:35
  Speaker 1: County custody. Court identified counsel for both the state and
• 43:39
  Speaker 1: the defendant. 9.10 a.m. Court introduced itself to all parties
• 43:45
  Speaker 1: both present in the courtroom, and on Zoom. 9.10. Court
• 43:50
  Speaker 1: informed defendant of his rights as defendant in a felony
• 43:53
  Speaker 1: criminal case and of procedures to be followed. 9.12. In
• 43:58
  Speaker 1: response to inquiry from the court, defendant stated he understood
• 44:02
  Speaker 1: his rights and did not need them explained in any
• 44:05
  Speaker 1: further detail. 9.12. In response to inquiry of the court,
• 44:10
  Speaker 1: defendant stated he had received a copy of the indictment,
• 44:13
  Speaker 1: further stating his name, date of birth, and last four
• 44:17
  Speaker 1: digits of his social security number were correct as listed. 913.
• 44:22
  Speaker 1: Court informed the defendant of the felony charge against him
• 44:25
  Speaker 1: in count one, burglary, in violation of Idaho Code 18-1401, 18-1403,
• 44:34
  Speaker 1: and of the maximum penalty the offense carries upon conviction
• 44:38
  Speaker 1: of up to 10 years in the state penitentiary with
• 44:41
  Speaker 1: a mandatory minimum of one year imprisonment a $ 50, 000 fine
• 44:46
  Speaker 1: or both, and the defendant may be required to pay
• 44:50
  Speaker 1: restitution for any economic loss.
• 44:54
  Speaker 2: 913.
• 44:55
  Speaker 1: Court informed the defendant of the felony charge against him
• 44:58
  Speaker 1: in counts 2, 3, 4, and 5. Murder in the
• 45:02
  Speaker 1: first degree in violation of Idaho Code 18-4001, 18-4002, 18-4003,
• 45:12
  Speaker 1: and 18-4004, and the maximum penalty each offense carries upon
• 45:19
  Speaker 1: conviction of up to life imprisonment in the state penitentiary
• 45:23
  Speaker 1: or the death penalty. A $ 50, 000 fine, he may be
• 45:27
  Speaker 1: required to pay his restitution for any economic loss, and
• 45:31
  Speaker 1: he may be required to pay a $ 5, 000 civil penalty
• 45:35
  Speaker 1: to the victim's families. 9-16. Court noted the indictment was
• 45:39
  Speaker 1: signed on May 16, 2023 by the presiding grand juror. 9-18.
• 45:45
  Speaker 1: In response to inquiry from the court, defendant stated he
• 45:49
  Speaker 1: understood all five charges, potential penalties for each charge, and
• 45:53
  Speaker 1: his rights. 9-19. In response to inquiry from the court, Ms.
• 45:58
  Speaker 1: Taylor stated defendant will stand silent at the time. Court
• 46:02
  Speaker 1: entered not guilty pleas for each charge. 919. Court informed
• 46:07
  Speaker 1: all parties that the state has 60 days to file
• 46:10
  Speaker 1: notice of whether they intend to pursue the death penalty
• 46:14
  Speaker 1: and defendant has a constitutional right to a speedy trial. 919. Ms.
• 46:19
  Speaker 1: Taylor moved to set this case for jury trial towards
• 46:22
  Speaker 1: the end of the speedy trial deadline. Ms. Taylor noted
• 46:26
  Speaker 1: speedy trial runs on approximately November 22nd, 2023. and Ms.
• 46:31
  Speaker 1: Taylor suggested court set an October trial date, further stating
• 46:36
  Speaker 1: it will take at least four weeks, possibly six weeks,
• 46:39
  Speaker 1: to try the case. 921. Mr. Thompson agreed to an
• 46:43
  Speaker 1: October trial date. 922. There being no objection, court set
• 46:48
  Speaker 1: a jury trial to commence on October 2, 2023, for
• 46:53
  Speaker 1: six weeks. 922. In response to inquiry from court, neither
• 46:58
  Speaker 1: counsel had any further matters to address at this time. 9-23.
• 47:03
  Speaker 1: Court clarified the preliminary hearing set for June 26, 2023
• 47:08
  Speaker 1: was vacated following the indictment. Court thanked the council, media,
• 47:13
  Speaker 1: and the public. Defendant to be remanded to the custody
• 47:17
  Speaker 1: of the Latah County Sheriff pending further court appearance. Hearing
• 47:21
  Speaker 1: end time, 9-23. All right, folks, that's going to do
• 47:25
  Speaker 1: it for this one. All of the information that goes
• 47:28
  Speaker 1: with the episode can be found in the description box.