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Murder In Moscow: The State Responds To Kohberger's Objection To The 911 Call · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 0:03
  Speaker 1: this episode, we're headed right back out to Moscow, and
• 0:05
  Speaker 1: we're going to dive into some more court documents. This time,
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  Speaker 1: we're taking a look at the state's reply to defendant's
• 0:11
  Speaker 1: objection in state's motion in limine, the 911 call. Case
• 0:17
  Speaker 1: number CR01-24-31665, state of Idaho, plaintiff, versus Brian C. Koberger,
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  Speaker 1: the defendant. Comes now. the state of Idaho by and
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  Speaker 1: through the Latah County Prosecuting Attorney, and respectfully replies to
• 0:32
  Speaker 1: the defendant's objection to the state's motion in limine, 911
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  Speaker 1: call filed on March 17, 2025. Defendant relies on DM
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  Speaker 1: and BF's actions from the night before to support his
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  Speaker 1: argument that the statements on the 911 call cannot be
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  Speaker 1: excited utterances or present-sense impressions. This is misplaced. The excitement
• 0:54
  Speaker 1: leading up to and during the 911 call was not
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  Speaker 1: caused solely from seeing a male in the home the
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  Speaker 1: night before, while that was assuredly a startling event, but
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  Speaker 1: from discovering moments earlier that their roommate and or friend
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  Speaker 1: was not waking up. This is in addition to also
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  Speaker 1: realizing that none of the other victims in the home
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  Speaker 1: were responding. The entire call should be admitted through the
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  Speaker 1: excited utterance exception to the rule against hearsay. However, if
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  Speaker 1: the court breaks down each statement made on the call,
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  Speaker 1: the entire call would be admitted immediately as each statement
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  Speaker 1: is either an excited utterance, a present sense impression, or
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  Speaker 1: is not hearsay as shown below. And what they're talking
• 1:34
  Speaker 1: about here is a chart where it has three different columns.
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  Speaker 1: The first column is transcript page and lines. Second column
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  Speaker 1: is statement. And the third column is authority for admission.
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  Speaker 1: And that's the order that I'm going to be reading
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  Speaker 1: this chart in. First line, page three, lines four and five. Statement,
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  Speaker 1: 911 operator. 911, location of your emergency. Authority for admission, non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Next line,
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  Speaker 1: page 3, lines 6 and 8, BF, Hi, something is happening,
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  Speaker 1: something happened in our house, and we don't know what.
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  Speaker 1: Authority for admission, present sense impression, this statement was made
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  Speaker 1: minutes after H.J. has responded to the scene and instructed
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  Speaker 1: residents to call 911. Page 3, lines 9 and 10,
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  Speaker 1: 911 operator, what is the address of the emergency? Authority
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  Speaker 1: for admission, non-hearsay, not for the truth, of the matter asserted.
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  Speaker 1: Page 3, line 11. BF 1122, non-hearsay, not for the truth,
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  Speaker 1: of the matter asserted, present sense impression. Page 3, lines
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  Speaker 1: 12 and 13. 911 operator, what is the rest of
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  Speaker 1: the address? Non-hearsay, not for the truth, of the matter asserted.
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  Speaker 1: Page 3, line 14. BF King Road. Non-hearsay, not for
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  Speaker 1: the truth, of the matter asserted, present sense impression. Page 3,
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  Speaker 1: lines 15 and 16. 911 operator, okay, and is that
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  Speaker 1: a house or an apartment? Non-hearsay, not for the truth,
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  Speaker 1: of the matter asserted. Page 3, lines 17. BF, it's
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  Speaker 1: a house. Non-hearsay, not for the truth, of the matter asserted,
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  Speaker 1: present sense impression. Page 3, lines 18 and 19. 911 operator.
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  Speaker 1: Can you repeat the address to make sure that I
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  Speaker 1: have it right? Non-hearsay, not for the truth of the
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  Speaker 1: matter asserted. Page 3, line 20 and 21. Female speaker,
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  Speaker 1: I'll talk to you as we're inaudible, so we are
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  Speaker 1: next to them. Present sense impression. Page 3, lines 22
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  Speaker 1: and 23. 911 operator, I need someone to repeat the
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  Speaker 1: address for a verification. Non-hearsay, not for the truth of
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  Speaker 1: the matter asserted. Page 3, lines 24 and 25. Female speaker.
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  Speaker 1: So the address, 1122 King Road. Non-hearsay. Not for the
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  Speaker 1: truth of the matter asserted. Present sense. Impression. Page four,
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  Speaker 1: lines one and two. 911 operator. And what's the phone
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  Speaker 1: number that you're calling from? Non-hearsay for the truth of
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  Speaker 1: the matter asserted. Page four, line three. Female speaker. What's
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  Speaker 1: your phone number? Non-hearsay. Not for the truth of the
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  Speaker 1: matter asserted. Page four, line four. BF redacted. Non-hearsay. Not
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  Speaker 1: for the truth of the matter asserted. Present sense impression.
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  Speaker 1: Page four, line five. Female speaker, redacted. Non-hearsay, not for
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  Speaker 1: the truth of the matter asserted. Page four, line seven.
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  Speaker 1: Female speaker, redacted. What's the rest? Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page four, line eight. BF, redacted. Non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page four,
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  Speaker 1: line nine. Female speaker, redacted. Non-hearsay, not for the truth
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  Speaker 1: of the matter asserted. Page 4, lines 10 and 11.
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  Speaker 1: 911 operator, okay, and tell me exactly what's going on.
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  Speaker 1: Non-hear say, not for the truth of the matter asserted.
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  Speaker 1: Page 4, lines 12 through 14. Female speaker, one of
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  Speaker 1: our roommates is passed out, and she was drunk last night,
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  Speaker 1: and she's not waking up. Present sense impression. Page 4,
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  Speaker 1: line 15. 911 operator, okay. Non-hear say, not for the
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  Speaker 1: truth of the matter asserted. Page 4, lines 16 and 17.
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  Speaker 1: Female speaker. Oh, and they saw some men in their
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  Speaker 1: house last night. Excited utterance and present sense impression. DM
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  Speaker 1: is in the background relaying information. DM is under current
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  Speaker 1: excitement of realizing that her roommate is not waking up
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  Speaker 1: after HJ responded to the scene and something could be
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  Speaker 1: wrong in the house. In response, she tries to tell
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  Speaker 1: her friend what she saw. The friend is relaying that
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  Speaker 1: information to dispatch. Page 4, line 18. 911 operator. And
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  Speaker 1: are you with the patient? Non-hearsay, not for the truth
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  Speaker 1: of the matter asserted. Page 4, line 19. DM, hi,
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  Speaker 1: this is D. Present sense impression of non-hearsay, not for
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  Speaker 1: the truth of the matter asserted. Page 4, line 20
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  Speaker 1: and 21. 911 operator. Okay, I need someone to keep
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  Speaker 1: the phone. Stop passing it around. Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page 4, lines 22 and 23. DM,
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  Speaker 1: can I just tell you what happened pretty much? Not hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page 4,
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  Speaker 1: line 24 and 25. 911 operator, what's going on currently?
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  Speaker 1: Is someone passed out right now? Not hearsay, not for
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  Speaker 1: the truth of the matter asserted. Page 5, lines 1
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  Speaker 1: and 2. DM, I don't really know, but pretty much
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  Speaker 1: at 4am. Excited utterance and present sense impression. DM is
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  Speaker 1: under the current excitement of realizing that her roommate is
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  Speaker 1: not waking up. after H.J. responded to the scene. And
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  Speaker 1: something could be wrong in the house. In response, she
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  Speaker 1: tries to tell the dispatcher what she saw the night before.
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  Speaker 1: Page 5, lines 3 through 5. 911 operator. Okay, I
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  Speaker 1: need to know what's going on right now. If someone
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  Speaker 1: has passed out, can you find that out? Not hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page 5,
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  Speaker 1: lines 6 through 8. Yeah, I'll come. Come on, B.
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  Speaker 1: We gotta go check. But we have to. Is she
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  Speaker 1: passed out? Non-hearsay, not for the truth of the matter asserted.
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  Speaker 1: Page 5, lines 10 and 11. DM inaudible, what's wrong?
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  Speaker 1: She's not waking up. Present sense impression. Excited utterance. Page 5,
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  Speaker 1: line 12. H.J. Zanna. Present sense impression. Page 16, lines
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  Speaker 1: 13 and 14. 911 operator. Okay, one moment, I'm getting
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  Speaker 1: help started that way. Non-hearsay, not for the truth of
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  Speaker 1: the matter asserted. Page 5, lines 15 and 17. DM, okay,
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  Speaker 1: thank you. What's wrong? Non-hearsay, not for the truth of
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  Speaker 1: the matter asserted. Page 5, line 18. HJ, inaudible. Non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page 5,
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  Speaker 1: line 19. 911 operator, okay, and how old is she? Non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page 5,
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  Speaker 1: line 20. DM, she's 20. Non-hearsay, not for the truth
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  Speaker 1: of the matter asserted. Present sense impression. Page 5, line 21.
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  Speaker 1: 911 operator, 20 you said? Non hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page 5, lines 22 and 23. Yes, 20.
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  Speaker 1: Here to talk to them. Non hearsay, not for the
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  Speaker 1: truth of the matter asserted. Present sense impression. Page 5,
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  Speaker 1: line 24. H.J., hello, hello? Non hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page 5, line 25, page 6,
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  Speaker 1: lines 1 and 2. 911 operator. Okay, I need someone
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  Speaker 1: to stop passing the phone around because I've talked to
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  Speaker 1: four different people. Non-hearsay, not for the truth of the
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  Speaker 1: matter asserted. Page 6, lines 3 and 4. Okay, sorry,
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  Speaker 1: they just gave me the phone. Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Present sense impression. Page 6,
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  Speaker 1: line 5. 911 operator. Okay, is she breathing? Non-hearsay, not
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  Speaker 1: for the truth of the matter asserted. Page 6, line 6. H.J.,
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  Speaker 1: she's inaudible. Hello? Not hearsay, not for the truth of
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  Speaker 1: the matter asserted. Page 6, line 7. 911 operator, is
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  Speaker 1: she breathing? Not hearsay, not for the truth of the
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  Speaker 1: matter asserted. Page 6, line 8. H.J., no. Present sense impression.
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  Speaker 1: Excited utterance. Page 6, lines 9 and 10. 911 operator, okay.
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  Speaker 1: Police radio crackles in the background. Page 6, lines 11
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  Speaker 1: through 13. the truth of the matter asserted. Page 6,
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  Speaker 1: lines 11 through 13. H.J., that's inaudible. D., I need
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  Speaker 1: you to talk to them. I can't talk to them.
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  Speaker 1: I need you to talk to them. Present sense impression.
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  Speaker 1: Page 6, line 14. D.M., okay, hello? Non-hearsay, not for
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  Speaker 1: the truth of the matter asserted. Page 6, line 15
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  Speaker 1: and 16. 911 operator. Okay, I have already sent the
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  Speaker 1: ambulance and law enforcement. Stay on the line. Non-hearsay, not
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  Speaker 1: for the truth of the matter asserted. Page 6, line 17. DM, okay. Non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Present sense impression.
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  Speaker 1: Page 6, lines 18 through 20. 911 operator. If there's
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  Speaker 1: a defibrillator available, send someone to get it now and
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  Speaker 1: tell me when you have it. Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page 6, lines 21 and 22. DM,
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  Speaker 1: say that again. There's police here right now. Present sense impression.
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  Speaker 1: Page six, lines 23 through 25. Operator, okay, if there's
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  Speaker 1: a defibrillator available, send someone to get it now and
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  Speaker 1: tell me when you have it. Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page seven, lines one through two. DM,
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  Speaker 1: we don't have one. Do you have a defibrillator? Present
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  Speaker 1: sense impression. Page seven, line three. Officer Nunez, yep. Present
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  Speaker 1: sense impression. Page seven, line four. DM, yes, we have one.
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  Speaker 1: Present sense impression. Page 7, lines 5 through 6. 911 operator, okay,
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  Speaker 1: are you talking to the officer? Non-hearsay, not for the
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  Speaker 1: truth of the matter asserted. Page 7, line 7. DM, yes,
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  Speaker 1: he's right here. Present sense impression. Page 7, lines 8
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  Speaker 1: through 9. 911 operator, okay, I'm going to let you
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  Speaker 1: go since there's help with you and they can help you. Non-hearsay,
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  Speaker 1: not for the truth of the matter asserted. Page 7,
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  Speaker 1: line 10. DM, okay, thank you, bye. Non-hearsay, not for
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  Speaker 1: the truth of the matter asserted. Page 7, lines 11
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  Speaker 1: and 12. 911 operator, okay. End of audio. Non-hearsay, not
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  Speaker 1: for the truth of the matter asserted. Defendant's transcript of
• 12:03
  Speaker 1: 911 call attached to State's Exhibit S1. The State does
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  Speaker 1: not object to the use of defendant's certified transcript of
• 12:09
  Speaker 1: the 911 call. Based on the above, the State motions
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  Speaker 1: the Court to admit the recording's and transcripts of the
• 12:16
  Speaker 1: 911 call to WITCOM on November 13th, 2022, immediately following
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  Speaker 1: the discovery of Xanacarnodle unresponsive at 1122 King Road. Respectfully
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  Speaker 1: submitted this 24th day of March, 2025. This document was
• 12:31
  Speaker 1: signed by Ashley Jennings. All of the information that goes
• 12:35
  Speaker 1: with this episode, including my contact information, can be found
• 12:39
  Speaker 1: in the description box.