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Mega Edition: The Kohberger Trial Finds A New Home And A New Judge Is Seated (9/16/26) · Beyond The Horizon

0:00
Speaker 1: What's up everyone and welcome back to the program. I
0:04
Speaker 1: guess it shouldn't come as a shock to anyone at
0:06
Speaker 1: this point that we now have another delay in the
0:09
Speaker 1: Brian Koberger trial. According to the new judge, Judge Hippler,
0:14
Speaker 1: he's decided that he is going to move the trial
0:18
Speaker 1: a couple of months later. That way the whole entire
0:21
Speaker 1: summer vacation isn't taken up by the proceedings inside of
0:25
Speaker 1: the courtroom. And he fears that it's going to affect
0:29
Speaker 1: jurors if they know that they have a whole summer
0:32
Speaker 1: to sit in this courtroom. And while I understand the
0:35
Speaker 1: motivation behind it, I mean, how many more delays are
0:38
Speaker 1: we going to have? I've been somebody that's been pretty
0:42
Speaker 1: understanding when it comes to the delays, just because I
0:45
Speaker 1: don't want to hear any nonsense on appeal. But at
0:47
Speaker 1: this point, it's starting to get a bit ridiculous. This
0:50
Speaker 1: trial needs to be held and it needs to be
0:52
Speaker 1: held soon. Today's article is from thedailymail.com. And the headline,
0:57
Speaker 1: Brian Kohlberger has trial delayed in slayings of Idaho college
1:01
Speaker 1: students and proceedings set to last months. This article was
1:06
Speaker 1: authored by Melissa Koenig. Yeah, this is going to be
1:08
Speaker 1: a very, very long trial. They're talking two, three months
1:12
Speaker 1: for this trial. And guess what? It deserves it. There
1:15
Speaker 1: is a lot to go through. And we're talking about
1:17
Speaker 1: a man fighting for his life. We always have to
1:20
Speaker 1: keep that in mind, right? As much as I think
1:22
Speaker 1: the evidence is stacked against Kohlberger... Dude deserves a fair trial.
1:26
Speaker 1: There is zero doubt about that. Everybody on this planet,
1:29
Speaker 1: no matter how despicable I think you are, deserves a
1:32
Speaker 1: fair shake inside of the courtroom. And I think that
1:36
Speaker 1: up until this point, Brian Kohlberger has gotten exactly that.
1:40
Speaker 1: This man has been given the benefit of the doubt
1:43
Speaker 1: time and time again. He's been given favorable rulings time
1:47
Speaker 1: and time again. So later on down the road, if
1:50
Speaker 1: and when he's convicted, I don't want to hear shit
1:53
Speaker 1: or all from the Kohlberger weirdos out there talking about
1:57
Speaker 1: he got railroaded or he didn't get a fair shake.
1:59
Speaker 1: Because if anyone's getting a fair shake, it's Brian Kohlberger.
2:03
Speaker 1: Quadruple homicide suspect Brian Kohlberger's trial in the death of
2:07
Speaker 1: four University of Idaho students has been delayed. The 29-year-old
2:12
Speaker 1: former criminology lecturer is now due to face murder charges
2:16
Speaker 1: for the November 2023 slayings of Ethan Chapin, Zanna Kernodle,
2:20
Speaker 1: Madison Mogan, and Kaylee Gonsalves in a Boise courtroom starting
2:24
Speaker 1: on July 30th, 2025, nearly two months later than when
2:28
Speaker 1: the trial was originally scheduled to begin, according to the
2:32
Speaker 1: Tri-City Herald. Jury selection will begin on July 30th, and
2:36
Speaker 1: the criminal trial will begin on August 11th. Proceedings are
2:40
Speaker 1: expected to last up to November 7th. And I was
2:44
Speaker 1: planning on heading up to Idaho for this trial, at
2:47
Speaker 1: least a small portion of it, but with it being
2:50
Speaker 1: moved to November now around the holidays, that might change.
2:53
Speaker 1: Depending on what I have going on, I mean, we're
2:55
Speaker 1: talking a year from now, it might change. So we'll
2:58
Speaker 1: see where things are at next November, but it's certainly
3:01
Speaker 1: on the burner. The revised trial date appears to represent
3:05
Speaker 1: a compromise between the two options. Ada County Judge Stephen
3:08
Speaker 1: Hippler presented at a hearing last month, May 2025, which
3:12
Speaker 1: prosecutors favored, and September 2025, which was the defense's preference,
3:18
Speaker 1: The Idaho statesman reports the judge had to change the
3:22
Speaker 1: date for the high profile trial after the state Supreme
3:25
Speaker 1: Court agreed to move it 300 miles from the small
3:27
Speaker 1: town of Moscow, Idaho, where the ruthless killings occurred to
3:31
Speaker 1: the state capital of Boise. And of course, we all
3:34
Speaker 1: know that that had to do with the judge thinking
3:37
Speaker 1: that Koberger wasn't going to be able to get a
3:39
Speaker 1: jury that wasn't tainted. Now, I've said a million times
3:43
Speaker 1: and I'll say it a million more. I don't believe
3:45
Speaker 1: that to be the case. I think that in this
3:48
Speaker 1: day and age, with technology the way it is, you're
3:52
Speaker 1: really going to tell me that people up in Boise
3:54
Speaker 1: have less of an idea of what's going on? Everybody
3:58
Speaker 1: has their finger on the pulse these days. And if
4:00
Speaker 1: it's a story you're interested in, there is no shortage
4:03
Speaker 1: of information that you can find, whether it's on traditional
4:07
Speaker 1: news sites or elsewhere. And if you think people in
4:09
Speaker 1: Boise haven't been following along with this killing in Moscow,
4:14
Speaker 1: you're crazy. This is one of the most brutal slayings
4:18
Speaker 1: in the history of the state, so the vast majority
4:20
Speaker 1: of people have followed along with it at least to
4:23
Speaker 1: some capacity. Maybe not still to this day, but certainly
4:27
Speaker 1: people know the story, they know the players on the stage,
4:30
Speaker 1: and they certainly know the allegations made against Brian Kohlberger.
4:33
Speaker 1: Kohlberger's defense attorneys had argued that extensive media coverage and
4:37
Speaker 1: strong emotions in the university town would make it difficult
4:40
Speaker 1: to find an impartial jury as prosecutors seek the death penalty. Now,
4:45
Speaker 1: I thought that they should have bused jurors in or
4:47
Speaker 1: brought jurors in from a different county like we're going
4:49
Speaker 1: to see down in Delphi. I thought that would be
4:52
Speaker 1: the proper way to do it because we're already seeing
4:55
Speaker 1: the financial constraints put on the families. Kaylee's family has
4:59
Speaker 1: to have a GoFundMe set up so they can go
5:01
Speaker 1: to the trial to try and see justice for their
5:03
Speaker 1: murdered kid. Now, how is that OK with anybody? Seems
5:07
Speaker 1: a bit crass to me. And if it was my
5:09
Speaker 1: family that had to go through that, I'd have some
5:11
Speaker 1: things to say, too. I'd want justice to be pursued
5:15
Speaker 1: in the district, the county where the crime occurred. But
5:19
Speaker 1: unfortunately for the families, the judge and the legal system
5:23
Speaker 1: has decided that Brian Kohlberger, in their estimation anyway, won't
5:28
Speaker 1: get a fair shake in Moscow. So, of course, if
5:31
Speaker 1: that's decided and that's what the court believes, they're going
5:34
Speaker 1: to move it. Prosecutors, though, argue they could find impartial
5:37
Speaker 1: jurors in Moscow by bringing in a large pool to
5:40
Speaker 1: choose from. They also said the move inconvenienced the family
5:43
Speaker 1: members of victims, attorneys, and witnesses. That's true too. What
5:48
Speaker 1: if you're somebody who was affected by this and you
5:50
Speaker 1: want to go to the trial, you want to see
5:52
Speaker 1: what goes down, and now you have to travel to Boise?
5:55
Speaker 1: The whole entire point of our system is that it's
5:57
Speaker 1: an open system where the people who are affected can
6:01
Speaker 1: watch justice in action. And if you move the trial
6:04
Speaker 1: to a different district, It makes it difficult. Now, of course,
6:07
Speaker 1: there's going to be closed circuit television and other ways
6:10
Speaker 1: to watch what's going on, but it's not the same thing, right?
6:13
Speaker 1: These people should have the ability to go to this trial,
6:16
Speaker 1: to go and see justice in action, especially if it's
6:19
Speaker 1: them who were affected. But instead, that's been taken away
6:22
Speaker 1: from them. The rug's been pulled out from under them.
6:24
Speaker 1: And now they're going to have to travel all the
6:26
Speaker 1: way to Boise if they want to see this trial
6:28
Speaker 1: go down. They have claimed that Koberger's DNA was found
6:31
Speaker 1: on a K-bar knife sheath found at the victim's off-campus home.
6:35
Speaker 1: though no murder weapon has ever been found. Officials also
6:40
Speaker 1: said that cell phone data and surveillance put Koberger's car
6:43
Speaker 1: at the crime scene, though the defense has disputed those claims. Well,
6:47
Speaker 1: they can dispute whatever they want, but like I was
6:50
Speaker 1: talking about in the Diddy case, they're able to do
6:52
Speaker 1: so because of the gag order. They know that nothing's
6:55
Speaker 1: coming out from an official mouthpiece talking about what's going
6:59
Speaker 1: on as far as evidence one way or the other.
7:01
Speaker 1: And they know that the vast majority of people aren't
7:04
Speaker 1: going to follow along with the court documents. People are
7:07
Speaker 1: going to follow along with the salacious headlines. And that's
7:10
Speaker 1: just the way it works usually. But what you'll see
7:12
Speaker 1: is a lot of times you'll have people like Ann Taylor,
7:16
Speaker 1: Brian Koberger's lawyer, talking about how there's all this misinformation
7:20
Speaker 1: out of one side of her mouth. While out of
7:22
Speaker 1: the other side of her mouth, she wants a gag
7:25
Speaker 1: order that is as restrictive as restrictive could be. So
7:29
Speaker 1: she's just posturing, right? And I get it. That's her job.
7:33
Speaker 1: Some people have like animosity towards defense attorneys. I'm not
7:36
Speaker 1: one of those people. I believe that your defense should
7:39
Speaker 1: be vigorous from your defense attorney. So if there is
7:43
Speaker 1: an avenue that they can explore to try and get
7:45
Speaker 1: you off, I think that's what they should be doing.
7:47
Speaker 1: But at the same time, don't piss on my back
7:50
Speaker 1: and tell me it's raining. The reason that there's no
7:52
Speaker 1: good information is because you insisted on this gag order.
7:55
Speaker 1: So it's a clever defense, but they're not fooling me. Instead,
8:00
Speaker 1: the defense claimed Kohlberger was miles away from the off-campus
8:04
Speaker 1: house where the students were murdered, and in an official
8:07
Speaker 1: alibi in May of 2024, they claimed that Kohlberger was
8:10
Speaker 1: driving alone on the night of the murders to look
8:12
Speaker 1: at the moon and the stars. Well, isn't that convenient?
8:16
Speaker 1: I'm just having me a nice little nighttime drive to
8:19
Speaker 1: observe the stars and the moon, you know, out here
8:21
Speaker 1: doing my Magellan-type shit, navigating my way home by using
8:25
Speaker 1: the North Star. I mean, really? Who's buying that nonsense?
8:30
Speaker 1: I mean, maybe the same people that believe the earth
8:31
Speaker 1: is flat, but most right-thinking adults, most right-thinking people in general, well,
8:37
Speaker 1: they're not buying that alibi. And I have a hard
8:39
Speaker 1: time believing that a jury is going to buy that alibi.
8:42
Speaker 1: And of course, the most important thing for the prosecution
8:46
Speaker 1: and the most damning thing for Kohlberger is the DNA
8:48
Speaker 1: on the knife sheath. How are you going to explain that, bub?
8:51
Speaker 1: And that's the whole entire crux of all of it.
8:54
Speaker 1: They know that they can't explain that DNA on the
8:57
Speaker 1: knife sheath, so they're trying to get everything thrown out.
9:00
Speaker 1: When you look at the genealogy, you look at the evidence,
9:03
Speaker 1: that is their strategy. They know they can't defend the
9:06
Speaker 1: DNA on the sheath, so the idea is loopholes, technicalities,
9:10
Speaker 1: prosecutorial misconduct if there is any, and try and get
9:13
Speaker 1: the shit tossed. Unfortunately for them, they haven't been too
9:17
Speaker 1: lucky as far as that goes. And I think that
9:20
Speaker 1: they're going to continue to run into that wall. And
9:23
Speaker 1: I think that the strategy is a good one by
9:25
Speaker 1: Ann Taylor. I just don't think that there's enough there
9:28
Speaker 1: for her to do anything with. Koberger is literally asking
9:32
Speaker 1: her to turn chicken shit into chicken parmesan. And it's
9:35
Speaker 1: just not going to happen, in my opinion. Koberger, who
9:38
Speaker 1: has maintained his innocence since his arrest in December of 2022,
9:42
Speaker 1: made his first court appearance in Boise two weeks ago.
9:46
Speaker 1: At the hearing, Hippler said he was happy to be here,
9:48
Speaker 1: but added, I expect for you, at all times, to
9:51
Speaker 1: remain civil to each other, that you not engage in
9:54
Speaker 1: personal attacks, ad hominem attacks, that you not engage in theatrics,
9:58
Speaker 1: not mistake facts, or the like. law, to the court.
10:02
Speaker 1: The stakes in this case are as high as they
10:03
Speaker 1: can be, Hipler added. Kohlberger is now due back in
10:07
Speaker 1: court on November 7th. And look, there's no doubt the
10:10
Speaker 1: stakes are super high here. We're talking about a man's life,
10:14
Speaker 1: and we're also talking about justice for four murdered young people.
10:19
Speaker 1: So yeah, the stakes cannot be higher. And when it
10:22
Speaker 1: comes to Brian Koberger and his defense team, let no
10:24
Speaker 1: one ever say that his defense wasn't vigorous. And let
10:29
Speaker 1: no one ever say that he didn't have access to
10:31
Speaker 1: good defense, because he most certainly did. And when all
10:34
Speaker 1: is said and done, if he's convicted, that's all going
10:36
Speaker 1: to loom very large when we're talking about an appeal.
10:40
Speaker 1: But that is a story for another time, considering we're
10:43
Speaker 1: nowhere even close to that yet. So as we continue
10:46
Speaker 1: our journey towards justice, we'll be here every step of
10:49
Speaker 1: the way, adding new information when it becomes available. Now,
10:52
Speaker 1: of course, we could talk about salacious shit on a
10:55
Speaker 1: regular basis when it comes to this story and just
10:57
Speaker 1: make stuff up. But as you know, we follow the
11:00
Speaker 1: news cycle, wherever the news cycle goes. And if that
11:04
Speaker 1: means that there's a lull in the news, well, unfortunately,
11:06
Speaker 1: there's a lull in the news. I can't create it.
11:09
Speaker 1: I can only talk about it. So as soon as
11:11
Speaker 1: we have something of note in relation to this case
11:14
Speaker 1: or Brian Kohlberger, you better believe we'll have it added
11:16
Speaker 1: to the catalog. But until then, that's going to do
11:19
Speaker 1: it for this one. All of the information that goes
11:22
Speaker 1: with this episode can be found in the description box.
11:26
Speaker 1: What's up, everyone, and welcome back to the program. The
11:29
Speaker 1: Supreme Court in Idaho has made its decision to And
11:32
Speaker 1: they have decided that Brian Kohlberger's trial will be held
11:36
Speaker 1: in Ada County. And not only will the trial be moved,
11:39
Speaker 1: but it's going to be receiving a new judge as well.
11:43
Speaker 1: A gentleman named Stephen Hippler is going to be taking
11:46
Speaker 1: the reins from Judge Judge. And now that the ball
11:49
Speaker 1: has been handed off to him, he's going to be
11:51
Speaker 1: the one to see this through to the very end.
11:53
Speaker 1: And hopefully we avoid any sort of delays or, you know,
11:57
Speaker 1: pit stops on this road towards justice. This has already
12:00
Speaker 1: taken too long. So hopefully we're at a point where
12:04
Speaker 1: the delays and the BS is over and we're going
12:06
Speaker 1: to get to the meat and the potatoes. And I
12:08
Speaker 1: think that when all is said and done, this is
12:11
Speaker 1: going to be a good thing. And I say that
12:14
Speaker 1: because of the long game, right? I don't want there
12:16
Speaker 1: to be any nonsense on the appeal where Brian Kohlberger
12:19
Speaker 1: has some tenable ground where he can be like, you
12:21
Speaker 1: know what? I got screwed. Because with all of the
12:25
Speaker 1: rope that he's been given by Judge Judge and Judge Marshall,
12:30
Speaker 1: I don't want to hear that. And considering that he's
12:33
Speaker 1: getting his trial moved to a different county when other
12:36
Speaker 1: people around the country weren't so successful doing that, I
12:40
Speaker 1: would say that Brian Kohlberger is being given more than
12:42
Speaker 1: a fair shake. I mean, look at the battle that
12:45
Speaker 1: El Chapo waged to try and get a jury that
12:47
Speaker 1: wasn't from New York City. Look at all the different
12:50
Speaker 1: people throughout the different cases that we've covered who have
12:53
Speaker 1: tried to get their trial moved and were unsuccessful doing so.
12:57
Speaker 1: So I think that Brian Kohlberger is being given Every
13:00
Speaker 1: bit of rope possible. But when all is said and done,
13:03
Speaker 1: I think that a jury is going to see the
13:06
Speaker 1: evidence for what it is. And it doesn't matter if
13:09
Speaker 1: that jury is in Ada County or if that jury
13:11
Speaker 1: is on the moon. Today's article is from the Daily
13:15
Speaker 1: Mail and the headline. Brian Kohlberger judge announces new location
13:19
Speaker 1: for Idaho murders trial. This article was authored by Germania Rodriguez.
13:26
Speaker 1: Brian Kohlberger will be tried in Boise for the murder
13:29
Speaker 1: of four University of Idaho students after a judge agreed
13:33
Speaker 1: to change venues. The accused killer, 29, was first expected
13:37
Speaker 1: to face a jury in Moscow where the murders took place,
13:40
Speaker 1: but a judge approved his team's request to move the trial,
13:44
Speaker 1: which will now take place at the Ada County Courthouse
13:46
Speaker 1: in the state's capital. And what I will say is
13:49
Speaker 1: that logistically speaking, this makes sense. This courthouse is more
13:53
Speaker 1: than capable of handling this kind of trial. We've already
13:56
Speaker 1: seen it twice with Lori Vallow and with Chad Daybell.
14:00
Speaker 1: So I don't think that there's any issue, logistically speaking,
14:04
Speaker 1: when it comes to the trial being moved to Ada County.
14:07
Speaker 1: For me, I feel like it's much ado about nothing.
14:10
Speaker 1: I think that you're going to find the same sort
14:13
Speaker 1: of jury pool in Ada County that you're going to
14:16
Speaker 1: find in Moscow. Now, there are some things that are concerning, right?
14:21
Speaker 1: The connections that people might have to first responders or
14:24
Speaker 1: people at the university or whatever, of course, that has
14:27
Speaker 1: to be taken into account. But is it enough to
14:30
Speaker 1: just automatically assume that the jury pool is going to
14:33
Speaker 1: be tainted? For me, it wasn't enough. But on the
14:36
Speaker 1: flip side of that, like I was just explaining, I
14:38
Speaker 1: think that the whole entire idea here is to give
14:41
Speaker 1: Kohlberger enough rope to hang himself. So I think that
14:44
Speaker 1: was the motivation behind Judge Judge doing what Judge Judge
14:47
Speaker 1: has done. Kohlberger will now be transferred from Moscow to
14:51
Speaker 1: the Ada County Jail. Idaho's Supreme Court revealed the new
14:54
Speaker 1: location on Thursday and also assigned a new judge to
14:57
Speaker 1: the case. District Judge Stephen Hippler will oversee the trial,
15:01
Speaker 1: which is scheduled for June 2nd. The quadruple murder trial
15:05
Speaker 1: is expected to last until August 29th, 2025. Kohlberger, a
15:10
Speaker 1: former criminal justice student at Washington State University, faces four
15:14
Speaker 1: counts of murder. in the deaths of Ethan Chapin, Zanna Carnodle,
15:18
Speaker 1: Madison Mogan, and Kaylee Gonsalves. In his decision agreeing to
15:22
Speaker 1: move the trial's venue, Judge John C. Judge said the
15:25
Speaker 1: Latah County Courthouse itself poses significant issues for a trial
15:29
Speaker 1: of this length and magnitude. He also cited extensive negative
15:34
Speaker 1: publicity surrounding Kohlberger. Well, anybody who's accused of horrific murder
15:39
Speaker 1: is going to have some publicity surrounding them. That doesn't
15:42
Speaker 1: automatically mean, though, that the jury pool is going to
15:44
Speaker 1: be tainted. Are we just going to automatically assume that
15:48
Speaker 1: anybody who hears something about somebody else is going to
15:51
Speaker 1: jump to the conclusion that they're guilty? Because if that's
15:54
Speaker 1: the precedent that this sets, then you should expect a
15:57
Speaker 1: lot of other people to use the same exact pathway
16:00
Speaker 1: to victory that was used in this instance by Brian Kohlberger.
16:04
Speaker 1: Because it's obviously something that's successful and we know that
16:07
Speaker 1: the courts love precedent. So if you show up and
16:09
Speaker 1: you have a well thought out argument and you have
16:12
Speaker 1: some precedent to rely on, well, maybe things are going
16:15
Speaker 1: to move in your direction. And if Brian Koberger can't
16:18
Speaker 1: get a fair trial in Moscow, how the hell did
16:21
Speaker 1: Karen Reid get a fair trial up in Canton? Koberger's
16:25
Speaker 1: defense team sought the change of venue, saying strong emotions
16:28
Speaker 1: in the close-knit community and constant news coverage will make
16:31
Speaker 1: it impossible to find an impartial jury in the small
16:34
Speaker 1: university town where the killings occurred. Prosecutors argued that any
16:39
Speaker 1: problem with potential bias could be resolved by simply calling
16:42
Speaker 1: a larger pool of of potential jurors and questioning them carefully.
16:46
Speaker 1: And that's how it's supposed to work, right? You call
16:49
Speaker 1: in a bunch of jurors. You sit through a voir dire.
16:52
Speaker 1: You figure out which jury is going to be best
16:54
Speaker 1: for you. You release the jurors who aren't, you know,
16:57
Speaker 1: suitable or ones that are capable of pulling off the
17:02
Speaker 1: narrative that you want pulled off and the ones that
17:04
Speaker 1: you think are going to work towards your own ends.
17:08
Speaker 1: Those are the jurors you try and keep. This isn't
17:10
Speaker 1: rocket science. And this is how it's working in courtroom
17:13
Speaker 1: after courtroom throughout the country. But all of a sudden,
17:16
Speaker 1: because Brian Kohlberger has a few stories written about him
17:19
Speaker 1: that are negative, we have to move the whole ass trial? Okay,
17:22
Speaker 1: I guess. What it really says to me, though, is
17:25
Speaker 1: that it's all about loopholes and technicalities at this point.
17:28
Speaker 1: And Kohlberger's team is not going to produce any sort
17:31
Speaker 1: of evidence of substance. Now, of course, the onus is
17:35
Speaker 1: on the prosecution. They're the ones that have to prove
17:38
Speaker 1: that Brian Kohlberger did this and did what they said
17:40
Speaker 1: he did. But that doesn't mean that Koberger can show
17:43
Speaker 1: up unarmed. If he's going to say he had an alibi,
17:46
Speaker 1: he's going to say this, that, the other thing, he's
17:48
Speaker 1: going to have to back that up in court with facts.
17:50
Speaker 1: And if you can't back it up with facts, well,
17:52
Speaker 1: guess what? Your ass is about to get cooked. The
17:55
Speaker 1: Gonsalves family had expressed their wish that the trial remained
17:58
Speaker 1: in Moscow. Well, can you blame them? Now they have
18:01
Speaker 1: to travel all the way up to Boise, take time
18:03
Speaker 1: off of work, whatever it might be, so they can
18:05
Speaker 1: see justice in action for their daughter and make sure
18:08
Speaker 1: they're holding the court to account. Doesn't sound like a
18:11
Speaker 1: fun time to me. Would you want to be in
18:12
Speaker 1: that position? So this is the other thing, right? At
18:15
Speaker 1: what point do we worry about the victims? So as
18:18
Speaker 1: the judge, you have to toe that line. You have
18:20
Speaker 1: to figure out what works for everybody and what is
18:22
Speaker 1: constitutionally acceptable. And unfortunately, a lot of times the rights
18:28
Speaker 1: of the families, well, they're getting stepped on as justice
18:31
Speaker 1: is pursued. And you see it time and time again.
18:35
Speaker 1: But the Gonsalves family has been very vocal about things
18:37
Speaker 1: up here. and about how they haven't been very happy
18:40
Speaker 1: with the direction of the whole last thing. Reacting to
18:43
Speaker 1: the decision on Monday, they told NewsNation's Brian Enten they
18:47
Speaker 1: are incredibly disappointed by the change of venue and slammed
18:50
Speaker 1: Judge John Judge in their statement. The only good thing
18:53
Speaker 1: about this decision is it will be Judge Judge's last
18:56
Speaker 1: decision in this case. The family has always felt that
18:59
Speaker 1: Judge Judge favors the defense, and it was a common
19:02
Speaker 1: theme that whatever the defense wanted or needed, they got,
19:06
Speaker 1: the family said. And look, I'm not going to sit
19:08
Speaker 1: here and tell the Gonsalves family how to feel. I'm
19:11
Speaker 1: certainly never going to be that guy. But what I
19:14
Speaker 1: will say is this, the long game matters. And if
19:17
Speaker 1: you're worried about justice and truly making sure that if
19:21
Speaker 1: Brian Kohlberger is convicted, the conviction sticks, then you have
19:24
Speaker 1: to make sure you're jumping through all the hoops that
19:27
Speaker 1: are put before you. And if you're searching for a
19:30
Speaker 1: capital punishment case, those hoops become increasingly smaller. And you
19:34
Speaker 1: have to make sure that you're touching on All of
19:36
Speaker 1: the points, making sure that none of the criminal rules
19:39
Speaker 1: are being infringed upon. And certainly we got to make
19:43
Speaker 1: sure that his constitutional rights aren't being stepped on. And
19:47
Speaker 1: that's because, A, everybody deserves a fair trial. right? Everybody
19:50
Speaker 1: deserves to have a fair shake. And B, I don't
19:54
Speaker 1: want to have to go through this again. I know
19:56
Speaker 1: there's other people out there that love this kind of
19:58
Speaker 1: shit when it lingers on and keeps going, but not me.
20:01
Speaker 1: I want to see justice and I want to move
20:03
Speaker 1: on to the next one. But unfortunately, here we are, what,
20:07
Speaker 1: Two years later, almost three years later now, still talking
20:09
Speaker 1: about the same stuff basically. To bolster their arguments for
20:13
Speaker 1: a change of venue, the defense said they conducted a
20:15
Speaker 1: phone survey of residents that found over 98% were aware
20:19
Speaker 1: of the case and 67% believed Koberger is guilty. They
20:24
Speaker 1: claim that the Latah County residents told posters that if
20:27
Speaker 1: Koberger is not convicted, they would probably find and kill him.
20:31
Speaker 1: I mean, come on, who believes that? You really think
20:34
Speaker 1: people are going to mount up a posse and go
20:36
Speaker 1: look for Kohlberger? What is this, Nightmare on Elm Street
20:39
Speaker 1: number one? It's just not going to happen. Ridiculous and stupid.
20:45
Speaker 1: And the fact that the court would take that into
20:46
Speaker 1: account is pretty dumb. And if I was the Gonsalves family,
20:50
Speaker 1: I'd be mad about that too. Guess what? My daughter
20:54
Speaker 1: is the one that's dead. Don't tell me nothing about
20:56
Speaker 1: Brian Kohlberger and the threats that might come his way.
21:00
Speaker 1: There would likely be a riot and he wouldn't last
21:02
Speaker 1: long outside because someone would do good old boy justice,
21:05
Speaker 1: another anonymous resident said, according to the defense. Anonymous resident
21:10
Speaker 1: talking tough. Kind of sounds like the internet, huh? You
21:14
Speaker 1: really think that anonymous resident would be saying that if
21:17
Speaker 1: their name was going to be plastered all over the news?
21:20
Speaker 1: So stop with the nonsense, okay? Nobody's forming posses up
21:23
Speaker 1: in Moscow. and nobody's going to look for Brian Kohlberger
21:26
Speaker 1: if he gets off. I mean, that was a good movie, right?
21:29
Speaker 1: Law Abiding Citizen was a great movie, but it was
21:31
Speaker 1: a movie. In a legal filing, the defense claimed that
21:35
Speaker 1: prospective jurors, who have been exposed to prejudicial pretrial publicity,
21:39
Speaker 1: enter the courtroom with case-specific knowledge gleaned from the media,
21:43
Speaker 1: social media, and discussions with friends, family members, and coworkers. Well,
21:47
Speaker 1: here's an idea. Get rid of the gag order and
21:49
Speaker 1: get your narrative out there. The reason they won't do that, though,
21:52
Speaker 1: is because it would be damaging as fuck for Brian Kohlberger.
21:55
Speaker 1: Do you really think that if having a gag order
21:58
Speaker 1: lifted would help Brian Kohlberger and Taylor wouldn't be going
22:02
Speaker 1: crazy about it? Of course she would be. So the
22:05
Speaker 1: whole entire gag order nonsense and the whole, well, only
22:08
Speaker 1: bad information's getting out to the media, that's all self-inflicted.
22:13
Speaker 1: Let's get rid of the gag order and let's let
22:15
Speaker 1: the people get a look. Uncovering the full extent of
22:18
Speaker 1: juror case-specific knowledge and opinions in high-profile cases can be
22:22
Speaker 1: extremely difficult, they said. However, prosecutors countered that the change
22:26
Speaker 1: of venue is not going to solve any of these problems,
22:29
Speaker 1: and they're right. It's not going to solve anything. I mean,
22:32
Speaker 1: the optics look better, but does the food taste any better?
22:36
Speaker 1: In my opinion, it doesn't. The state's position on venue
22:40
Speaker 1: is that the case should be held here. It's a
22:42
Speaker 1: Latah County case. We believe that we can select an
22:45
Speaker 1: appropriate panel of jurors from Latah County, Latah County Prosecutor
22:49
Speaker 1: Bill Thompson said at an earlier hearing. The hearings on
22:52
Speaker 1: the trial venue have caused delays and infuriated the families
22:56
Speaker 1: of the victims who have accused Koberger and his attorneys.
22:59
Speaker 1: of deploying repeated delaying tactics to try and postpone the trial.
23:03
Speaker 1: In December of 2023, the mother of victim, Kelly Gonsalves,
23:07
Speaker 1: said the ongoing process has been gut-wrenching. It's gut-wrenching how
23:12
Speaker 1: slow everything has to go. Why does this have to
23:14
Speaker 1: be so drawn out, Kelly's mother, Christy, said in an
23:17
Speaker 1: interview with KHQ. It's important, I get it, but there
23:21
Speaker 1: are facts. We have certain facts. We have certain knowledge.
23:24
Speaker 1: I can't believe that this is how it works. Yeah,
23:26
Speaker 1: the system isn't fun. And when you find yourself caught
23:29
Speaker 1: up in the system, as a perpetrator or as a victim,
23:33
Speaker 1: it's not a good time. And unfortunately for these victims' families,
23:37
Speaker 1: they're finding that out. So hopefully this is the last
23:40
Speaker 1: serious delay, the last serious issue, before we get to
23:43
Speaker 1: this trial and get an HD look at all the
23:45
Speaker 1: evidence that the state says they have against Brian Kohlberger.
23:49
Speaker 1: And like usual, we're going to be here every step
23:51
Speaker 1: of the way as this story continues to unfold. All
23:56
Speaker 1: of the information that goes with this episode can be
23:59
Speaker 1: found in the description box. What's up everyone and welcome
24:03
Speaker 1: back to the program. Yesterday we were talking about the
24:06
Speaker 1: disclosure of possible Jillio Brady material by the prosecution and
24:12
Speaker 1: how it might or might not affect the case. Well,
24:15
Speaker 1: we're getting a little more information about it as some
24:18
Speaker 1: of the experts out there start to weigh in. So
24:20
Speaker 1: today we have an article from Fox News dealing with
24:23
Speaker 1: this and talking about the likelihood of this Brady-Gilio disclosure
24:29
Speaker 1: looming large. Today's article is from Fox News. Headline, Idaho
24:35
Speaker 1: murder suspect Brian Kohlberger's internal affairs disclosure unlikely tied to
24:41
Speaker 1: student stabbings. This article was authored by Michael Ruiz. Idaho
24:47
Speaker 1: prosecutors disclosed an internal affairs investigation to college student murder
24:52
Speaker 1: suspect Brian Kohlberger's defense this week that could be completely
24:56
Speaker 1: unrelated to the quadruple homicide investigation, experts say. And that's
25:01
Speaker 1: what I said yesterday. I doubt it has anything to
25:03
Speaker 1: do with the investigation itself. And it has to do
25:06
Speaker 1: with prior behavior, whatever it may be. And considering this
25:10
Speaker 1: officer was part of the investigation, the prosecution has to
25:14
Speaker 1: be up front with the defense and they have to
25:16
Speaker 1: offer up everything they have. Because if you don't, you're
25:20
Speaker 1: going to get your conviction if you get one overturned
25:23
Speaker 1: on appeal. The prosecution has to have everything buttoned down
25:27
Speaker 1: and they have to follow a very strict set of
25:30
Speaker 1: rules as far as getting a conviction and as far
25:33
Speaker 1: as using things as evidence. And for the defense, even
25:37
Speaker 1: if this has nothing to do with the murders themselves,
25:41
Speaker 1: what they're going to try and do is impugn the
25:43
Speaker 1: credibility of the witness. Well, you have a witness up
25:47
Speaker 1: here who's already under internal affairs investigation. What's to say
25:51
Speaker 1: he was doing the right thing while investigating this case?
25:54
Speaker 1: That's what the defense is going to say, right? Latah
25:58
Speaker 1: County Prosecuting Attorney Bill Thompson's office informed Magistrate Judge Megan
26:03
Speaker 1: Marshall that and Koberger's team this week that it would
26:06
Speaker 1: be disclosing potential Brady-Gilio material related to a police officer
26:11
Speaker 1: involved in the massacre probe. But that doesn't mean there
26:15
Speaker 1: is a connection with the stabbings of four University of
26:18
Speaker 1: Idaho students in November. And while that's the most likely
26:21
Speaker 1: scenario here, if it does have to do with the
26:24
Speaker 1: murders itself, the investigation, forget it. That's going to give
26:28
Speaker 1: all kinds of ammunition to the defense. But I don't
26:31
Speaker 1: think that's what happened here. Brady material is information that
26:36
Speaker 1: could potentially prove a defendant's innocence, experts tell Fox News.
26:40
Speaker 1: Giglio material is damaging to the integrity of a witness,
26:44
Speaker 1: in this case, one of the officers involved in the investigation.
26:49
Speaker 1: So it could be anything, right? He could have had
26:51
Speaker 1: a fight with his wife, he could have maybe did
26:54
Speaker 1: some drugs, or maybe he's under investigation for being brutal,
26:59
Speaker 1: who the hell knows? But chances are, it has nothing
27:03
Speaker 1: to do with the actual murders. Marshall granted Thompson's request
27:08
Speaker 1: for a protective order that will withhold the materials from
27:11
Speaker 1: the public based on the argument that they are part
27:14
Speaker 1: of a personnel file which is exempt from disclosure. And
27:18
Speaker 1: earlier this morning, I uploaded that Brady disclosure court filing.
27:24
Speaker 1: This is not uncommon. Paul Morrow, attorney and former NYPD inspector,
27:28
Speaker 1: said of the disclosure, Defense attorneys are entitled to the
27:32
Speaker 1: information through discovery, while the prosecutor is asking that whatever
27:36
Speaker 1: is turned over remains sealed due to the exemption under
27:40
Speaker 1: state law. And they don't want to give away more
27:42
Speaker 1: than they have to. And especially if it's damning to
27:45
Speaker 1: the case, right? They don't want the public to see that.
27:47
Speaker 1: They have to disclose it, obviously, to the defense. But
27:51
Speaker 1: since everything is under the gag order, plus a seal,
27:54
Speaker 1: nobody's going to get to see that stuff, at least
27:56
Speaker 1: until the trial. Jilio materials may be used by the
28:00
Speaker 1: defense to undermine an investigator's credibility, Morrow said, but they
28:04
Speaker 1: don't have to be related to the student stabbings. And
28:08
Speaker 1: it's my guess that the defense certainly will use it.
28:11
Speaker 1: They'll talk about the credibility of the witness, and especially
28:15
Speaker 1: if that witness, that police officer, takes the stand. During cross-examination,
28:20
Speaker 1: he's going to be asked about his internal affairs investigation,
28:24
Speaker 1: what sort of stuff he was up to, all of that,
28:27
Speaker 1: with the hope that that his credibility is destroyed on
28:31
Speaker 1: that stand and that the jurors don't take what he
28:33
Speaker 1: has to say seriously. This is a case, you know,
28:37
Speaker 1: is going to go up on appeal because of mandatory
28:39
Speaker 1: appeals in death penalty cases, explained Nima Rahmani, a former
28:44
Speaker 1: federal prosecutor. So you just want to disclose everything. So
28:48
Speaker 1: you don't get a death sentence overturned on appeal because
28:51
Speaker 1: you didn't comply with your constitutional obligations. And this is
28:55
Speaker 1: another reason why I think it's very important for it
28:58
Speaker 1: to be a transparent process. And so that we know
29:01
Speaker 1: that the state is holding up to its obligations and
29:04
Speaker 1: not trying to cut corners. You know, the state has
29:07
Speaker 1: an advantage as it is when it comes to prosecuting
29:10
Speaker 1: a case. So if they're cutting corners as far as
29:13
Speaker 1: going against the Constitution, that is completely unacceptable. You either
29:18
Speaker 1: have the goods on somebody or you don't. Making up
29:20
Speaker 1: evidence or trying to finagle it to fit, that's a
29:24
Speaker 1: surefire way to disaster come appeal time. So they have
29:27
Speaker 1: to be buttoned up. They have to make sure that
29:29
Speaker 1: they're following all of the rules. Furthermore, he said, prosecutors
29:34
Speaker 1: likely won't even call the impeachable officer to testify anyway
29:38
Speaker 1: and will build their case around unimpeachable evidence. That's certainly
29:42
Speaker 1: a possibility as well, especially with all of this surrounding
29:46
Speaker 1: this officer. The prosecutors might just say, you know what?
29:49
Speaker 1: We have a strong enough case without his testimony. So
29:52
Speaker 1: we don't even need to introduce his testimony to the jurors.
29:56
Speaker 1: Because remember, they don't have to call this cop as
29:58
Speaker 1: a witness. They're going to call the witnesses that they
30:01
Speaker 1: think are going to give them the best shot at
30:04
Speaker 1: a conviction. And on the flip side, you know that
30:06
Speaker 1: the defense is going to do the same thing. They're
30:08
Speaker 1: going to want witnesses up there that are going to
30:11
Speaker 1: try and destroy the credibility of what the prosecution has
30:14
Speaker 1: to say. And like every other case, it's going to
30:17
Speaker 1: come down to a battle of the experts. It comes
30:21
Speaker 1: as the city, its police department, and several officers face
30:24
Speaker 1: a federal lawsuit from a church group in town alleging
30:27
Speaker 1: violations of constitutional rights in connection with a crackdown on
30:32
Speaker 1: protests over COVID-19 restrictions, Wilson et al. versus Moscow et al.
30:38
Speaker 1: And imagine, that's the kind of society that we've become
30:41
Speaker 1: where we're fighting over masks and shit. That's all by design, folks.
30:45
Speaker 1: All of these issues you see out here to get
30:47
Speaker 1: you all fired up and mad at each other, that
30:50
Speaker 1: shit is all by design. What, you think it's all
30:52
Speaker 1: just a big coincidence? The disclosures might be related to
30:56
Speaker 1: the federal lawsuit, or they could be related to something
30:59
Speaker 1: else entirely, experts say. If it's anything from the lawsuit,
31:03
Speaker 1: it might be the allegation that police withheld crime scene
31:07
Speaker 1: video for a year, Rahmani said. This is all kind
31:11
Speaker 1: of speculation, he explained. It literally could be anything. It
31:15
Speaker 1: doesn't even have to be anything illegal. Just something that
31:18
Speaker 1: could impeach the officer's character. Well, I get that, but
31:23
Speaker 1: would the Internal Affairs Bureau be investigating if it was
31:26
Speaker 1: just a character issue? I mean, I guess that's possible.
31:30
Speaker 1: But usually when the Internal Affairs Division is investigating another cop,
31:35
Speaker 1: it's for some sort of crime. It could be beating
31:38
Speaker 1: your wife, smoking weed, getting passed out drunk at a bar.
31:42
Speaker 1: Misusing your authority, lying to protect another officer, excessive force,
31:47
Speaker 1: it's just not a legal conduct, it's anything unethical, embarrassing,
31:51
Speaker 1: anything that says you're a liar, he said. Lying on
31:54
Speaker 1: your taxes, I've seen these, and it can range anything
31:58
Speaker 1: that can potentially impeach you. Think about all these things
32:02
Speaker 1: that can be used to cross-examine and impeach a police officer.
32:06
Speaker 1: Such a wide range of possibilities, and there's no doubt
32:09
Speaker 1: about it, and they will use it, every last bit
32:12
Speaker 1: of it. So the best course of action here, obviously,
32:15
Speaker 1: is not to have this officer testify as a witness.
32:19
Speaker 1: One of the officers named in the lawsuit was reportedly
32:22
Speaker 1: among the first Moscow police personnel responding to the King
32:26
Speaker 1: Road home on November 13th, hours after Kohlberger allegedly snuck
32:31
Speaker 1: inside with a knife and stabbed four friends to death
32:34
Speaker 1: in the middle of the night. The attack killed 21-year-old
32:37
Speaker 1: best friends, Kaylee Gonsalves and Madison Mogan. along with their housemate,
32:41
Speaker 1: Zanna Kernodle, and her visiting boyfriend, Ethan Chapin, both 20.
32:46
Speaker 1: All four had been stabbed multiple times. Only some suffered
32:50
Speaker 1: defensive wounds, suggesting the 4 a.m. ambush began with some
32:54
Speaker 1: of them sleeping. Koberger is being held without bail at
32:58
Speaker 1: the Latah County Jail. His preliminary hearing was scheduled for
33:02
Speaker 1: the week of June 26th, and they have a whole
33:06
Speaker 1: week blocked off for this prelim hearing. This is going
33:09
Speaker 1: to be extensive. And there's going to be a lot
33:11
Speaker 1: to go over, a lot to get through, and a
33:14
Speaker 1: lot of stipulations to be set. for what's going to
33:17
Speaker 1: happen moving forward. And all of that's going to start
33:21
Speaker 1: on June 26th. However, I will caution that this trial
33:25
Speaker 1: might not take place for a little bit. It might
33:27
Speaker 1: get delayed and bump back all the way into next year, maybe.
33:30
Speaker 1: Because these kinds of cases take a lot of time
33:32
Speaker 1: to work their way through the system, especially if it's
33:35
Speaker 1: going to be a capital punishment case. And all signs
33:38
Speaker 1: are pointing to that being exactly what we're going to
33:41
Speaker 1: see here. So with all of that stuff on the plate,
33:44
Speaker 1: it's going to take some time to try and consume
33:47
Speaker 1: it all, right? And while that process is already underway,
33:51
Speaker 1: it's really going to get hypercharged on the 26th of June.
33:54
Speaker 1: But that week is going to be crucial to tell
33:57
Speaker 1: us what's going to happen moving forward as far as
33:59
Speaker 1: timelines and all of the rest of it. And we'll
34:02
Speaker 1: be here for the whole entire duration, covering it as
34:06
Speaker 1: it happens and getting it added to the catalog. All right, folks,
34:10
Speaker 1: that's going to do it for this one. All of
34:11
Speaker 1: the information that goes with the episode can be found
34:15
Speaker 1: in the description box. What's up, everyone, and welcome back
34:18
Speaker 1: to the program. So there's been a lot of talk
34:21
Speaker 1: about the Brady disclosure and the fact that there is
34:26
Speaker 1: an investigation, obviously, into one of the police officers who
34:31
Speaker 1: was investigating the murders in Moscow. So I thought it
34:34
Speaker 1: would be time for us, the court filings surrounding... This
34:38
Speaker 1: notice of a Brady disclosure. So let's get right to it.
34:43
Speaker 1: Case number. CR 29-22-2805. Notice of Brady disclosure. And request
34:51
Speaker 1: for protective order. State of Idaho. Plaintiff. Versus Brian Christopher Kohlberger. Defendant.
34:58
Speaker 1: Comes now. The state of Idaho. By and through the
35:01
Speaker 1: Latah County. Prosecuting attorney's office. And respectfully gives notice. To
35:06
Speaker 1: court and counsel. that the state has become aware of
35:09
Speaker 1: potential Brady-Gilio material related to one of the officers involved
35:15
Speaker 1: in the above-referenced case. The material, in the form of
35:18
Speaker 1: a confidential internal affairs investigation, is hereby submitted in camera
35:24
Speaker 1: to the court. The state intends to disclose this information
35:28
Speaker 1: to the defendant's counsel, but because this information is confidential
35:32
Speaker 1: and exempt from public disclosure, Pursuant to Idaho Code 74-106-1
35:38
Speaker 1: Personal Records, the state respectfully prays for the issuance of
35:43
Speaker 1: a protective order pursuant to Idaho Criminal Rule 16-1 prohibiting
35:48
Speaker 1: defense counsel from disseminating the information contained in the internal
35:53
Speaker 1: affairs investigation absent further order of the court. Respectfully submitted
35:58
Speaker 1: this 24th day of March 2023. And this was submitted
36:00
Speaker 1: by William W. Thompson, the prosecuting attorney. And obviously this
36:09
Speaker 1: was just submitted. So they just got this information. And
36:12
Speaker 1: it's very crucial, right? It's very important to see what's
36:15
Speaker 1: going on here as far as the internal affairs investigation goes.
36:19
Speaker 1: Because if this is a situation where a cop was
36:21
Speaker 1: acting the fool as part of this investigation, this is
36:25
Speaker 1: going to explode. Now, I don't think that's what's going
36:28
Speaker 1: on here, but that's just my guess. I don't have
36:31
Speaker 1: any evidence one way or the other. The next document
36:34
Speaker 1: we have is the state's response to the defendant's second
36:37
Speaker 1: supplemental request for discovery. State of Idaho plaintiff versus Brian
36:42
Speaker 1: Christopher Kohlberger, the defendant. To the defendant Brian Christopher Kohlberger
36:49
Speaker 1: and counsel Ann Taylor. Comes now the state of Idaho
36:53
Speaker 1: by and through the Latah County prosecuting attorney and submits
36:57
Speaker 1: the following response to defendant's second supplemental request for discovery.
37:02
Speaker 1: The state incorporates its January 23, 2023 state's response to
37:07
Speaker 1: request for discovery and February 21, 2023 state's response to
37:13
Speaker 1: defendant's first supplemental request for discovery as if fully set
37:18
Speaker 1: forth at this point. The state has and will continue
37:22
Speaker 1: to provide discovery in accordance with Idaho Criminal Rule 16
37:27
Speaker 1: and applicable law. This was dated the 29th of March
37:30
Speaker 1: of 2023. And it was signed by William W. Thompson Jr.
37:36
Speaker 1: The next document we have is the protective order of
37:40
Speaker 1: the Brady-Gilio material. Case number CR29-22-2805. State of Idaho plaintiff
37:48
Speaker 1: versus Brian Christopher Kohlberger, the defendant. The above matter, having
37:53
Speaker 1: come before the court pursuant to the state's notice of
37:56
Speaker 1: Brady disclosure and request for protective order, the court having
38:00
Speaker 1: reviewed the same and good cause appearing, it is hereby
38:04
Speaker 1: ordered that the state shall disclose the documents appended under
38:07
Speaker 1: seal to the state's notice of Brady disclosure and request
38:11
Speaker 1: for protective order filed on March 27th, 2023, pursuant to I.C.R. 16-1.
38:14
Speaker 1: It is further ordered that That except as provided in
38:22
Speaker 1: the foregoing paragraph. The parties in council shall not disclose
38:26
Speaker 1: the documents or the contents thereof. Unless authorized by the court.
38:31
Speaker 1: This was dated on the 27th of March of 2023.
38:36
Speaker 1: And signed by Judge Marshall. And moving on to the
38:39
Speaker 1: final document. It's the order to seal and redact. Case
38:44
Speaker 1: number CR 29-22-2805. Order to seal. and redact the state
38:51
Speaker 1: of Idaho plaintiff versus Brian Kohlberger, the defendant. This matter
38:56
Speaker 1: came before the court on March 14th, 2023 on the
39:01
Speaker 1: state's motion to temporarily seal the stipulation to release property
39:05
Speaker 1: and related documents pending hearing pursuant to I.C.A.R.32I. The hearing
39:11
Speaker 1: was held via Zoom. Ashley Jennings appeared on behalf of
39:15
Speaker 1: the state of Idaho and Taylor appeared on behalf of Mr. Kohlberger.
39:19
Speaker 1: The court reviewed the records, considered the arguments presented, weighed
39:23
Speaker 1: the interests in privacy and public disclosure, and announced its
39:27
Speaker 1: findings of fact on the record. Therefore, pursuant to I.C.A.R.32I2A
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Speaker 1: and D and E and I.C.74-124 1 and B, C
39:40
Speaker 1: and E, the court finds it necessary to seal in
39:43
Speaker 1: part and redact the records herein for the following reasons. 1.
39:47
Speaker 1: The documents contain highly intimate facts or statements, the publication
39:51
Speaker 1: of which would be highly objectionable to a reasonable person. Two,
39:56
Speaker 1: the documents contain facts or statements that might threaten the
39:59
Speaker 1: safety of or endanger the life or safety of individuals. Three,
40:05
Speaker 1: it is necessary to preserve the right to a fair trial. Four,
40:09
Speaker 1: disclosure would constitute an unwarranted invasion of personal privacy. And five,
40:15
Speaker 1: Production of such records would disclose investigative techniques and procedures.
40:21
Speaker 1: After due consideration, and with good cause appearing, it is
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Speaker 1: hereby ordered that the record herein shall be disclosed except
40:28
Speaker 1: for the following. 1. Exhibit A and B, attached to
40:32
Speaker 1: the stipulation to release property, are sealed. 2. The stipulation
40:37
Speaker 1: to release property and order to release property be redacted. 3.
40:41
Speaker 1: This order will remain in effect until further order of
40:45
Speaker 1: the court. This was dated on March 24th, 2023, and
40:50
Speaker 1: it was signed by Judge Megan Marshall. The next document
40:54
Speaker 1: is the order to release property. Case number CR 29-22-2805,
40:59
Speaker 1: State of Idaho Plaintiff versus Brian Kohlberger, the defendant. The
41:07
Speaker 1: above matter having come before the court upon stipulation of
41:10
Speaker 1: the parties and good cause appearing. It is hereby ordered
41:14
Speaker 1: that all items of property and or evidence from 1122
41:18
Speaker 1: King Road, Moscow, Idaho, currently in its possession of the parties,
41:22
Speaker 1: states evidence property attached to Exhibit A, defense evidence property
41:27
Speaker 1: attached to Exhibit B, shall remain in their respective custody
41:31
Speaker 1: and control until further agreement of the parties or order
41:35
Speaker 1: of the court, except for the following items which the
41:38
Speaker 1: parties stipulate can be released. Remaining property of Madison Mogan,
41:42
Speaker 1: Zanna Kernodle, Ethan Chapin, and Kaylee Gonsalves. So ordered this
41:48
Speaker 1: third day of March of 2023. And this was also
41:52
Speaker 1: signed by Judge Marshall. The next document is the stipulation
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Speaker 1: to release property. Case number CR 29-22-2805. State of Idaho
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Speaker 1: plaintiff versus Brian Kohlberger, the defendant. Come now, the State
42:09
Speaker 1: of Idaho, by and through the Latah County Prosecuting Attorney
42:13
Speaker 1: and the above-named defendant, by and through his undersigned attorney
42:17
Speaker 1: of records, and hereby stipulate that all items of property
42:21
Speaker 1: and or evidence from 1122 King Road, Moscow, Idaho, currently
42:25
Speaker 1: in the possession of the parties, states evidence property attached
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Speaker 1: as Exhibit A, defense evidence property attached as Exhibit B,
42:34
Speaker 1: will remain in their respective custody until and control until
42:37
Speaker 1: further agreement of the parties or order of the court,
42:41
Speaker 1: except for the following items, which the parties stipulate can
42:44
Speaker 1: be released. Remaining property of Madison Mogan, Zanna Kernodle, Ethan Chapin,
42:50
Speaker 1: and Kaylee Gonsalves. This was signed on February 28th, and
42:56
Speaker 1: it was signed by Ann Taylor. All right, folks, so
42:59
Speaker 1: there you have it. There is the Brady, Giglio material,
43:03
Speaker 1: and a couple of other various odds and ends as
43:06
Speaker 1: far as some of the most recent court filings. And
43:09
Speaker 1: while they just give us a little bit of a
43:11
Speaker 1: glimpse as far as what's going on, I think it's
43:14
Speaker 1: crucial to make sure that we keep up with these
43:17
Speaker 1: court filings and with what's going on behind the scenes.
43:20
Speaker 1: That way we have an idea about what's going on
43:23
Speaker 1: in context with the case overall. So we're going to
43:26
Speaker 1: continue on our journey here, and we're going to keep
43:28
Speaker 1: eating this elephant one bite at a time as we
43:31
Speaker 1: add these documents to the catalog. All right, everybody, that's
43:35
Speaker 1: going to do it for this one. All of the
43:37
Speaker 1: information that goes with the episode can be found in
43:40
Speaker 1: the description box.