Latest / Beyond The Horizon / Mega Edition: Judge Hippler Removes The Gag Order From Kohberger Case (8/30/26)

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Mega Edition: Judge Hippler Removes The Gag Order From Kohberger Case (8/30/26) · Beyond The Horizon

0:00
Speaker 1: What's up everyone and welcome back to the program. Over
0:03
Speaker 1: the past few days, we've seen several rulings from Judge
0:06
Speaker 1: Hippler when it comes to the motions in limine. And
0:09
Speaker 1: these new orders have to do with the 911 call,
0:12
Speaker 1: text messages, and the fact that the state is going
0:16
Speaker 1: to be able to chase the death penalty as a
0:18
Speaker 1: viable option, even though Brian Kohlberger was diagnosed with autism.
0:23
Speaker 1: So we have two articles that we're going to dive into,
0:26
Speaker 1: and the first one is from the Idaho Statesman. Headline,
0:29
Speaker 1: Idaho judge makes ruling on jury hearing 911 call at
0:33
Speaker 1: Kohlberger murder trial. This article was authored by Kevin Fixler.
0:38
Speaker 1: The judge overseeing Brian Kohlberger's upcoming murder trial ruled Thursday
0:42
Speaker 1: that prosecutors may pay for the jurors all but three
0:46
Speaker 1: short portions of the 911 call that was made hours
0:50
Speaker 1: after four University of Idaho students were fatally stabbed, and
0:54
Speaker 1: also determined that texts between two surviving roommates were likely admissible.
0:58
Speaker 1: Judge Stephen Hippler of Idaho's 4th Judicial District rejected the
1:02
Speaker 1: defense argument to restrict the call during their client's upcoming trial.
1:06
Speaker 1: His attorney also requested that only the approved portions of
1:10
Speaker 1: the recording with 911 dispatch be allowed, or a transcript
1:14
Speaker 1: of the call, not both. But Hippler decided that jurors
1:18
Speaker 1: would be given a transcript to be used to aid
1:21
Speaker 1: them in understanding all of the permitted portions of the
1:24
Speaker 1: conversation with the dispatcher. And all of that has to
1:27
Speaker 1: do with excited utterance and the other rules and laws
1:30
Speaker 1: that govern how this kind of thing goes up in Idaho.
1:33
Speaker 1: And that's why some portions of the phone call are
1:35
Speaker 1: going to be admitted and others are going to be
1:37
Speaker 1: kept out. And I think having a transcript's a good idea.
1:40
Speaker 1: It acts as a roadmap, right? And it helps people
1:43
Speaker 1: guide themselves along with the phone call. Because there's no
1:46
Speaker 1: doubt that those text messages are a bit jumbled and
1:49
Speaker 1: very difficult to follow along with, even when you're reading
1:52
Speaker 1: off of a transcript. And I always think that the
1:55
Speaker 1: more information the jury has, the better. And if they
1:57
Speaker 1: can use resources like having some kind of transcript or
2:00
Speaker 1: some kind of guide, great. That way they have all
2:03
Speaker 1: of the available information so that they can render the
2:06
Speaker 1: proper decision. Some of the hearsay statements on the 911
2:11
Speaker 1: call do not qualify under the exception cited by the state.
2:15
Speaker 1: and therefore must be redacted, Hipler wrote. However, the balance
2:19
Speaker 1: of the 911 call, as well as the texts and
2:21
Speaker 1: conversations noted herein, are likely admissible, provided that the requisite
2:26
Speaker 1: foundation is laid at trial. So the ball is in
2:29
Speaker 1: the prosecution's court. And Hipler's telling them, as long as
2:33
Speaker 1: they do the right thing and lay the proper foundation
2:36
Speaker 1: when they're laying out their case, then they'll be able
2:38
Speaker 1: to use these 911 calls as evidence, at least the
2:42
Speaker 1: portions that aren't redacted. The three portions of the call
2:46
Speaker 1: Hippler said he would restrict from jurors as hearsay included
2:50
Speaker 1: when a female friend told the dispatcher that one of
2:52
Speaker 1: the four victims was drunk the night before, passed out,
2:56
Speaker 1: and wasn't waking up. Like, how the hell do you
2:58
Speaker 1: get that from somebody who's been murdered? Now, I try
3:02
Speaker 1: not to speculate too much about what went on in
3:04
Speaker 1: that house, but there's no doubt that the whole scenario
3:07
Speaker 1: with the roommates is weird. Does that make them part
3:10
Speaker 1: of it? Does that make this some grand conspiracy? No,
3:13
Speaker 1: it doesn't. There is not one bit of evidence pointing
3:17
Speaker 1: at anybody but Brian Koberger. And if you have that evidence,
3:21
Speaker 1: I'm more than willing to look at it. But the
3:24
Speaker 1: truth is, if that evidence was available, Brian Koberger's team
3:27
Speaker 1: would have already brought it to the table. There is
3:30
Speaker 1: no evidence pointing at anyone besides Brian Koberger. And as
3:34
Speaker 1: I've said from the very beginning, I remain open to
3:36
Speaker 1: looking at all of that evidence. But unfortunately for Brian
3:40
Speaker 1: Koberger and all of the wine ants out there supporting him,
3:43
Speaker 1: there's no real tangible evidence that points at anybody but
3:46
Speaker 1: Brian Koberger. And you can gnash your teeth and scream
3:49
Speaker 1: and throw a fit and yell about this dude being railroaded,
3:53
Speaker 1: but we've read every court document. So you can miss
3:56
Speaker 1: me with the bullshit and the gaslighting. We've seen what
3:59
Speaker 1: the state has, and we've seen what Brian Koberger is
4:01
Speaker 1: countered with. And breaking news, wine ant Jane, shit's not
4:05
Speaker 1: looking good for your boy. In another instance, the same
4:08
Speaker 1: female friend told a dispatcher that a surviving roommate saw
4:11
Speaker 1: a man in the home where the students were killed overnight,
4:15
Speaker 1: which Hippler labeled as hearsay. Well, that's what it is.
4:18
Speaker 1: It's hearsay. If you were told something and then you
4:23
Speaker 1: repeat that to the court, that's hearsay. Also, when one
4:27
Speaker 1: of the surviving roommates tried to explain what happened overnight
4:30
Speaker 1: but was quickly interrupted by the dispatcher, Hippler said, that
4:33
Speaker 1: will be redacted from the call too. That same roommate
4:36
Speaker 1: is expected to testify at trial and offer that information
4:40
Speaker 1: and a description of the man she saw in the home.
4:43
Speaker 1: And at that point, Brian Koberger and Ann Taylor, they're
4:46
Speaker 1: going to get their chance to cross-examine her. So for
4:49
Speaker 1: all those people out there that are crying and gnashing
4:51
Speaker 1: their teeth about this testimony, well, you're going to get
4:54
Speaker 1: your chance to poke holes in it. If she's not credible,
4:57
Speaker 1: like you say she's not, this is going to be
4:59
Speaker 1: Ann Taylor's chance. Kohlberger, 30, is accused of killing four
5:03
Speaker 1: U of I students in Moscow in November of 2022.
5:06
Speaker 1: At that time, he was a graduate student of criminal
5:09
Speaker 1: justice and criminology at Washington State University in Pullman, located
5:13
Speaker 1: about nine miles west of Moscow, across the Idaho state line.
5:18
Speaker 1: The victims were Kaylee Gonsalves, Madison Mogan, Zanna Kernodle, and
5:23
Speaker 1: Ethan Chapin. The three women lived at the off-campus home
5:27
Speaker 1: with two female roommates who went physically unharmed in the attack,
5:31
Speaker 1: while Chapin was Kernodle's boyfriend and slept over for the night.
5:35
Speaker 1: And you know how else you can tell that this
5:37
Speaker 1: wasn't a cartel hit? Or anything to do with drugs?
5:41
Speaker 1: They left survivors. Do you really think that a hit
5:43
Speaker 1: squad from CJNG or Sinaloa cartel is going to leave survivors?
5:48
Speaker 1: Or are they just going to murder everybody like they
5:50
Speaker 1: do every time they show up? So anybody out there
5:53
Speaker 1: trying to pitch this as some kind of retaliation over
5:56
Speaker 1: a drug debt, I hate to say it, but they're
5:59
Speaker 1: stupid as fuck. Either they're stupid, or they're doing it
6:02
Speaker 1: on purpose to try and drive engagement, because nobody with
6:06
Speaker 1: a brain in their head actually really believes that this
6:09
Speaker 1: was some sort of payback over drugs. This is exactly
6:13
Speaker 1: what we're being told it was. Some maniac, whether that's
6:17
Speaker 1: Brian Kohlberger or otherwise, went into this house and And
6:20
Speaker 1: for whatever reason, guess what, you don't always need motive.
6:23
Speaker 1: But for whatever reason went into this house and went
6:26
Speaker 1: on a killing spree. And it had nothing to do
6:28
Speaker 1: with somebody not paying for their bag of weed. Kohlberger
6:31
Speaker 1: has been held in police custody without bond for nearly
6:34
Speaker 1: 28 months since his late December 2022 arrest on four
6:39
Speaker 1: counts of first degree murder and a count of felony burglary.
6:42
Speaker 1: prosecutors intend to seek the death penalty if a jury
6:45
Speaker 1: finds Koberger guilty. And the new order by Judge Hippler
6:48
Speaker 1: that has to do with autism and Brian Koberger being
6:51
Speaker 1: eligible for the death penalty obviously paves the way for
6:54
Speaker 1: the state to actually give Brian Koberger the death sentence
6:58
Speaker 1: if he's found guilty. Audio of the 911 call, the
7:01
Speaker 1: source of much public speculation, for more than two years
7:04
Speaker 1: after the November 2022 quadruple homicide was released last month
7:09
Speaker 1: in response to public records requests filed by to the
7:12
Speaker 1: region's dispatch center located in Pullman, Washington. Its public release
7:17
Speaker 1: followed the inclusion of a call transcript in a prosecution
7:20
Speaker 1: filing to allow jurors to hear the call at trial.
7:24
Speaker 1: Steve Gonsalves, father of victim Kaylee Gonsalves, told KCPQ-TV Fox
7:29
Speaker 1: 13 in Seattle earlier this month that the recording remains
7:33
Speaker 1: a difficult listen one his wife didn't plan to ever hear. Honestly,
7:38
Speaker 1: it's terrible, he said, of the roughly four-minute call. She
7:40
Speaker 1: still hasn't listened to it. She probably never will. But
7:44
Speaker 1: I know those girls that did those calls, the people
7:46
Speaker 1: that were there, and I know that they've been tossed
7:48
Speaker 1: into the same bucket as us, that you get victimized
7:51
Speaker 1: and you're feeling like the whole world is staring at
7:53
Speaker 1: you and criticizing everything you say and everything you do.
7:57
Speaker 1: And can you imagine what these families have been through
7:59
Speaker 1: since 2022, waiting for this trial, waiting for all of
8:02
Speaker 1: this to take place? And then you have all these delays.
8:05
Speaker 1: You have all of this media surrounding it. Then you
8:08
Speaker 1: have the moron brigade showing up. talking their nonsense without
8:12
Speaker 1: anything to back it up. People talking about Kaylee Gonsalves'
8:15
Speaker 1: father being involved. Whatever kind of stupid scenario you can
8:18
Speaker 1: possibly come up with, you already know that some moron
8:21
Speaker 1: has come up with something even stupider. And as this progresses,
8:24
Speaker 1: I expect the idiocy to just continue to grow. And look,
8:28
Speaker 1: when I say idiocy, I don't mean people that have
8:30
Speaker 1: questions about the prosecution or the case overall. What I'm
8:34
Speaker 1: talking about are these fantasists coming up with all these
8:37
Speaker 1: scenarios that are not based in reality. I mean, I
8:39
Speaker 1: get it, it's great for engagement, but it still makes
8:42
Speaker 1: you look like an absolute moron. The judge's Thursday order
8:48
Speaker 1: followed his rulings on a host of other debates over
8:50
Speaker 1: certain evidence between prosecutors and Kohlberger's public defense team. Last week,
8:55
Speaker 1: Hipler decided one of the surviving roommates may testify to
8:59
Speaker 1: having seen a man in the student's rental home with
9:01
Speaker 1: what she described as bushy eyebrows, which the defense argued
9:05
Speaker 1: to prevent. The decision on the 911 call was one
9:08
Speaker 1: of the last Hippler to make following an all-day hearing
9:12
Speaker 1: earlier this month on various evidence issues. On Thursday, he
9:16
Speaker 1: also ruled against the defense effort to limit testimony from
9:19
Speaker 1: the majority of the prosecution's 25 disclosed expert witnesses, as
9:25
Speaker 1: well as against a push to strike the death penalty
9:28
Speaker 1: because Kohlberger's autism spectrum disorder diagnosis. And that gambit was
9:32
Speaker 1: doomed from the very beginning. There was no way that
9:35
Speaker 1: the judge was going to change precedent of what a
9:38
Speaker 1: mental disorder is and side with the defense here when
9:41
Speaker 1: their client, Brian Koberger, has been diagnosed with level one autism.
9:46
Speaker 1: We're not talking about somebody that's nonverbal. We're not talking
9:49
Speaker 1: about somebody that doesn't know what they're doing. We're talking
9:52
Speaker 1: about somebody that obviously has enough upstairs that he was
9:56
Speaker 1: able to reach the level of a PhD candidate. That's
9:59
Speaker 1: not an easy task. That takes a lot of work,
10:02
Speaker 1: a lot of, you know, dedication. So if he's mentally
10:04
Speaker 1: capable of that, and he's mentally capable of pursuing those goals,
10:08
Speaker 1: then he should be held to the same standard as
10:11
Speaker 1: anybody else who is accused of committing these horrible murders.
10:15
Speaker 1: And of course, that's if he's convicted. We still haven't
10:17
Speaker 1: gotten there yet. And as we all know, things can
10:20
Speaker 1: change in a minute when it comes to these kinds
10:22
Speaker 1: of cases. We have no idea how the jury is
10:24
Speaker 1: going to react to any of these narratives. You know,
10:27
Speaker 1: there's just a lot of wild cards. But one thing's
10:29
Speaker 1: for sure. There's no way that Brian Koberger's autism diagnosis
10:34
Speaker 1: should preclude the death penalty. There's no basis to exclude
10:39
Speaker 1: or limit the detective's disclosed testimony. Hipler wrote about three
10:43
Speaker 1: members of law enforcement with backgrounds in digital forensics. It's
10:47
Speaker 1: clear that they will be testifying to the facts of
10:49
Speaker 1: their investigation, not providing traditional expert opinions. Kohlberger is next
10:54
Speaker 1: scheduled to appear in court for a pretrial hearing on
10:57
Speaker 1: May 15th. His trial is set to begin with jury
11:00
Speaker 1: selection in late July. So nothing unexpected here when it
11:04
Speaker 1: comes to the rulings by Judge Hippler, when it comes
11:07
Speaker 1: to the 911 calls, and the death penalty. That was
11:10
Speaker 1: all expected. So we'll get the actual orders added to
11:14
Speaker 1: the catalog over the weekend as we continue to make
11:17
Speaker 1: our way to the murder trial of Brian Kohlberger. All
11:22
Speaker 1: of the information that goes with this episode can be
11:25
Speaker 1: found in the description box. What's up everyone and welcome
11:29
Speaker 1: back to the program. Judge Hippler has decided that he's
11:34
Speaker 1: going to lift the gag order in the case of
11:37
Speaker 1: Brian Kohlberger before the sentencing. Now, Before people get too
11:41
Speaker 1: fired up about that, keep in mind that it's still
11:44
Speaker 1: going to take some time to get these files unsealed.
11:48
Speaker 1: It's not something that's going to happen overnight. But the
11:50
Speaker 1: good news is we're going to get these files unsealed
11:53
Speaker 1: and we're going to get a look at them finally
11:55
Speaker 1: after all these years. We've been talking about this gag
11:59
Speaker 1: order it feels like forever now. And to hear that
12:02
Speaker 1: it's going to go away and we're going to have
12:04
Speaker 1: more access finally, I think that's going to help us
12:06
Speaker 1: answer some of the questions that we all might have
12:08
Speaker 1: had as well, right? There's going to be a bunch
12:11
Speaker 1: of little details that add context that's going to give
12:14
Speaker 1: us some, oh, okay, we understand that moments. Because when
12:18
Speaker 1: it comes to a lot of the situations that we
12:20
Speaker 1: see up here in Moscow related to these murders, a
12:24
Speaker 1: lot of times we just don't have all the context.
12:27
Speaker 1: So we have to try and piece it together from
12:29
Speaker 1: the court filings. And that gave us a baseline of
12:33
Speaker 1: where to start, but it didn't give us all the particulars, right?
12:37
Speaker 1: It didn't give us all the details about the who's,
12:39
Speaker 1: the what's, the why's, and the when's. Well, we're going
12:42
Speaker 1: to get all of that now. But it's going to
12:45
Speaker 1: take a little bit for it to start dribbling out
12:47
Speaker 1: and for Judge Hippler to go through everything and to
12:50
Speaker 1: see what he can release right away, what has to
12:53
Speaker 1: be redacted or whatever, and then what has to be
12:56
Speaker 1: sealed forever. So in this episode, we're going to jump
12:58
Speaker 1: into an article from Fox News and we're going to
13:01
Speaker 1: get ourselves updated. Headline. Brian Kohlberger judge lifts gag order
13:07
Speaker 1: after Idaho killer's confession. Judge says Kohlberger's waiver of right
13:12
Speaker 1: of appeal doesn't mean he doesn't have a right to appeal.
13:15
Speaker 1: The fuck does that even mean? If you waive your
13:18
Speaker 1: right to appeal, you still have a right to appeal
13:20
Speaker 1: later on? That makes a lot of sense. Can somebody
13:23
Speaker 1: please explain how the justice system isn't screwed up? The
13:28
Speaker 1: whole entire thing from top to bottom needs to be
13:30
Speaker 1: revamped because it's obviously broken. A guy like Brian Kohlberger,
13:35
Speaker 1: who admits to four murders, should not have any appeal
13:38
Speaker 1: left to him. Instead, his bitch ass should be thrown
13:41
Speaker 1: under the prison and forgotten about. The author of this
13:45
Speaker 1: article is Michael Ruiz. Idaho Judge Stephen Hippler vacated the
13:50
Speaker 1: gag order in the Brian Kohlberger quadruple murder case at
13:53
Speaker 1: a hearing on Thursday. Latah County prosecuting attorney notified the
13:57
Speaker 1: court in a filing dated Monday that his office would
14:00
Speaker 1: not oppose a motion from a group of media organizations,
14:04
Speaker 1: including Fox News, seeking to have the order lifted in
14:08
Speaker 1: the wake of Kohlberger's guilty-pleased all charges. And that's the
14:11
Speaker 1: right way to go. Transparency is always the right way
14:14
Speaker 1: to go. I don't know how many times I gotta
14:17
Speaker 1: say it. Whenever you start hiding things, whenever things are private,
14:22
Speaker 1: It creates a bunch of fertile ground for the dum-dums
14:24
Speaker 1: to show up. You know, the alternate theory idiots. Oh,
14:29
Speaker 1: it was a Sasquatch. The aliens came down from planet Neptar.
14:33
Speaker 1: Or how about this one? It was a drug hit.
14:35
Speaker 1: Remember that nonsense? Oh yeah, that's exactly what was going on.
14:39
Speaker 1: This was retaliation over a drug debt. Nobody's walking into
14:43
Speaker 1: somebody's house and stabbing four people over a drug debt.
14:47
Speaker 1: Maybe heat of the moment. But if you have issues
14:51
Speaker 1: over a drug debt, You're walking in there and you're
14:53
Speaker 1: using a gun. You're not going to stab people. That's
14:56
Speaker 1: way too personal. That only happens in situations like this one,
15:01
Speaker 1: where you have a sick fuck like Brian Kohlberger, who
15:03
Speaker 1: has whatever kind of fucked up desires he has, and
15:07
Speaker 1: he goes and plays out his fantasy. But all those
15:09
Speaker 1: theories that popped up at first were just dumb as hell.
15:13
Speaker 1: And we talked about them then. And the fantasists and
15:15
Speaker 1: role players, all they do is just change out their
15:18
Speaker 1: theories whenever one's proven wrong. All right, moving on to
15:21
Speaker 1: the next one. Okay, that one's wrong. What does the
15:24
Speaker 1: TikTok psychic have to say? So now with the gag
15:27
Speaker 1: order being removed, we should be able to get to
15:29
Speaker 1: the bottom of a lot of that BS, right? A
15:31
Speaker 1: lot of the nonsense that was being pitched, a lot
15:34
Speaker 1: of the rumors, and a lot of the innuendo. And
15:36
Speaker 1: hopefully when all is said and done, we can piece
15:38
Speaker 1: together as much of the story as possible. I don't
15:41
Speaker 1: think we're ever going to know the motive unless Brian
15:43
Speaker 1: Koberger comes out and talks about it. But I think
15:46
Speaker 1: that there's enough here where we can speculate and speculate strongly.
15:51
Speaker 1: And I think that when the gag order is completely
15:53
Speaker 1: lifted and we have all the information, I think we're
15:57
Speaker 1: going to be a lot closer to getting a full
15:59
Speaker 1: account of what the truth is. The intent of the
16:03
Speaker 1: order was to ensure Koberger's right to a fair trial,
16:06
Speaker 1: according to court filings. Now that he has admitted to
16:09
Speaker 1: the slayings of Madison Mogan, 21, Kelly Gonsalves, 21, Zanarkar Nodal, 20,
16:15
Speaker 1: and Ethan Chapin, 20, Attorneys for the media argued that
16:18
Speaker 1: the gag is pointless, and it is. And I think
16:22
Speaker 1: the gag order in general has been way too overbroad
16:25
Speaker 1: from the very beginning of all of this, and for
16:27
Speaker 1: the reasons I stated previously. Hippler agreed, but he said
16:32
Speaker 1: that lifting the gag order would not automatically unseal court documents.
16:36
Speaker 1: Those would be made public in batches, he said, upon
16:39
Speaker 1: review by the court. And that's pretty typical. It's going
16:42
Speaker 1: to take some time for them to go through all
16:44
Speaker 1: the court documents. and figure out what to release, how
16:47
Speaker 1: to release it, if redactions are needed, if witnesses' names
16:51
Speaker 1: are on there, you know, that kind of stuff. And
16:53
Speaker 1: the process was very similar when we were getting the
16:56
Speaker 1: Virginia Roberts, Ghislaine Maxwell documents released from their lawsuit. It
17:00
Speaker 1: took a lot of time. It was a rolling basis.
17:03
Speaker 1: So we'd get one tranche of documents dumped, and then
17:06
Speaker 1: later on another tranche would come, etc., etc., until all
17:09
Speaker 1: of the documents that were part of the dump were released.
17:13
Speaker 1: So I expect something similar here. where we get these
17:16
Speaker 1: dumps on a rolling basis, where we get multiple documents
17:19
Speaker 1: at once, and then the next batch, it keeps it going.
17:23
Speaker 1: So I think that's what we're going to see, but
17:25
Speaker 1: maybe Judge Hippler does things a different way. And considering
17:28
Speaker 1: this is a state case, there's going to be different
17:31
Speaker 1: parameters and different guidelines for the release of this information.
17:35
Speaker 1: So we'll have to just stand by and see how
17:37
Speaker 1: it all ends up getting dumped. But I think we're
17:40
Speaker 1: going to see it all eventually. At some point, we're
17:42
Speaker 1: going to have all these documents. And then I think
17:45
Speaker 1: we'll have finally an HD view of what happened. Because
17:49
Speaker 1: we've been piecing things together from the very beginning, speculating
17:53
Speaker 1: about this, speculating about that, and using the court documents
17:57
Speaker 1: as our guide. So there's been a lot of those
18:00
Speaker 1: documents that have hit the docket where they've been sealed.
18:03
Speaker 1: And I've been like, man, I really wish we knew
18:05
Speaker 1: what was in that bad boy. So I think moving forward,
18:09
Speaker 1: it's going to really be a plus. And once all
18:12
Speaker 1: the documents are out, it's going to give us that
18:15
Speaker 1: HD view that we've been missing for so long. He
18:19
Speaker 1: said that he would go in reverse chronological order, starting
18:21
Speaker 1: with documents he was most familiar with and moving back
18:24
Speaker 1: in time. The case did not arrive in his courtroom
18:28
Speaker 1: until another judge granted a change of venue in September.
18:31
Speaker 1: And the previous judge was John Judge. And before that,
18:34
Speaker 1: it was Megan Marshall. In another twist, Hippler also said
18:39
Speaker 1: that although Koberger's plea deal requires him to waive his
18:42
Speaker 1: right to appeal, that doesn't mean he doesn't have the
18:44
Speaker 1: right to appeal under a U.S. Supreme Court decision in
18:47
Speaker 1: Garza v. Idaho. Now, I recognize the plea agreement includes
18:52
Speaker 1: a waiver of the right to appeal, he said, but
18:55
Speaker 1: as the parties probably know, the U.S. Supreme Court in
18:57
Speaker 1: Garza v. Idaho has indicated the fact that a defendant
19:02
Speaker 1: waives the right to appeal doesn't mean they don't have
19:05
Speaker 1: the right to appeal. And so it may affect the
19:07
Speaker 1: outcome of that appeal and it may affect the underlying
19:10
Speaker 1: case and the plea agreement. So what's the point? Why
19:14
Speaker 1: even add that in the language? So dumb. There's no
19:17
Speaker 1: need to make shit difficult. Either he can appeal or
19:20
Speaker 1: he can't. Just be honest with people. Because what happens
19:24
Speaker 1: is now you have people saying, oh, well, Brian Kohlberger
19:26
Speaker 1: is going to appeal this and he's going to beat it. No,
19:29
Speaker 1: he's not. He might appeal it, but good luck. Good
19:32
Speaker 1: luck beating this one, buddy. You certainly aren't beating it
19:35
Speaker 1: on the facts. Now if there's some kind of prosecutorial issue,
19:39
Speaker 1: or some sort of issue that pops up later on,
19:41
Speaker 1: then who knows, maybe. But as of right now, how
19:44
Speaker 1: things stand, what we know, zero chance. Prosecutors initially requested
19:49
Speaker 1: the order remain in place until after Kohlberger's sentencing is
19:52
Speaker 1: made official next week, but they reversed course upon further
19:56
Speaker 1: reflection according to their latest filing. The defense opposed lifting
20:01
Speaker 1: it early. Now that the defendant has pleaded guilty as
20:04
Speaker 1: charged to all five counts of the indictment, his right
20:07
Speaker 1: to a fair trial on the issue of guilt is
20:10
Speaker 1: no longer at issue, Thompson wrote. Nevertheless, out of respect
20:14
Speaker 1: for the integrity of the judicial process and the privacy
20:17
Speaker 1: of the victims and their families as they consider their
20:20
Speaker 1: rights to provide victim impact statements at sentencing, the prosecution
20:24
Speaker 1: team does not intend to make any public statements about
20:27
Speaker 1: the case until after sentencing has concluded. Of course, Bill
20:32
Speaker 1: Thompson make a statement Yo, I've said from the very
20:35
Speaker 1: beginning that the communication in Moscow when it comes to
20:38
Speaker 1: the investigation has been lacking. It has been bad. It
20:44
Speaker 1: started out bad and it remained bad. Now the investigation itself,
20:48
Speaker 1: what was going on behind the scenes, obviously, they did
20:51
Speaker 1: a good job. But the communication, holy hell was it bad.
20:56
Speaker 1: Especially in the beginning. These guys were getting up there
20:59
Speaker 1: and shooting themselves in the foot with all kinds of
21:01
Speaker 1: dumb comments. But now that the gag order is lifted...
21:04
Speaker 1: I think that it's time for Bill Thompson and people
21:07
Speaker 1: in the DA's office to answer some questions. A hearing
21:11
Speaker 1: on the motion is scheduled in Boise for 1230 p.m.
21:15
Speaker 1: Eastern Time, 1030 a.m. Mountain Time. His sentencing is set
21:18
Speaker 1: for July 23rd. He's expected to receive the maximum penalty
21:22
Speaker 1: under the terms of the plea deal, four consecutive terms
21:26
Speaker 1: of life in prison without parole, plus another 10 years.
21:30
Speaker 1: He also waived his right to appeal and to seek
21:33
Speaker 1: sentence reduction. Kohlberger snuck into an off-campus house at 1122
21:38
Speaker 1: King Road around 4 a.m. on November 13, 2022, and
21:43
Speaker 1: killed all four students with a K-bar knife, according to
21:46
Speaker 1: the prosecutors. He started in an upstairs bedroom where he
21:50
Speaker 1: killed Mogan and Gonsalves. Kernodle was awake on the main
21:55
Speaker 1: floor and he killed her on the way out. Then
21:57
Speaker 1: he turned the knife on Chapin, who was asleep in
22:00
Speaker 1: her bedroom. Imagine how evil you have to be to
22:03
Speaker 1: do this. I mean, it's next-level evil. Creeping into somebody's
22:07
Speaker 1: house and murdering them while they're sleeping? The ultimate bitch move.
22:12
Speaker 1: But I guess we shouldn't expect anything different from bitch
22:14
Speaker 1: boy Brian Kohlberger, huh? He walked within three feet of
22:19
Speaker 1: another roommate, who he did not attack, and then left. Separately,
22:23
Speaker 1: a lawyer for the Media Coalition filed a motion... asking
22:26
Speaker 1: the court to unseal nearly 250 documents in the case.
22:30
Speaker 1: All right, so there's where we stand. And like usual,
22:33
Speaker 1: we're going to keep an eye on things as they
22:35
Speaker 1: continue to develop. And when we have new information, we'll
22:39
Speaker 1: get it added to the catalog. As for this one, well,
22:42
Speaker 1: that's going to do it. All of the information that
22:44
Speaker 1: goes with this episode can be found in the description box.
22:48
Speaker 1: What's up, everyone, and welcome back to the program. Judge
22:51
Speaker 1: Hippler made several rulings on Friday. that have to do
22:55
Speaker 1: with the motions that were argued at the hearing for
22:57
Speaker 1: Brian Kohlberger that recently took place on April 8th and 9th.
23:02
Speaker 1: And in this episode, we're going to take a look
23:04
Speaker 1: at the first order that hit the docket, and this
23:07
Speaker 1: order has to do with Brian Kohlberger's make and model
23:11
Speaker 1: of the vehicle. Case number, CR01-24-31665. State of Idaho plaintiff
23:16
Speaker 1: versus Brian C. Kohlberger, the defendant. Order on defendant's motion
23:25
Speaker 1: in limine, make and model of suspect vehicle. Introduction. In
23:29
Speaker 1: the early morning hours of November 13th, 2022, surveillance videos
23:34
Speaker 1: from various locations near the crime scene pick up footage
23:37
Speaker 1: of what law enforcement believed to be the same vehicle
23:40
Speaker 1: as suspect vehicle 1, the white sedan that was seen
23:43
Speaker 1: arrive at and then depart from the area of 1122
23:47
Speaker 1: King Road at the time of the homicides. From one
23:50
Speaker 1: such video, law enforcement determined the vehicle was a 2011-2016
23:53
Speaker 1: Hyundai Elantra. Defendant seeks an order precluding the state from
24:00
Speaker 1: referring to the vehicle depicted on the various surveillance videos
24:03
Speaker 1: as the same vehicle, i.e. suspect vehicle 1, and from
24:07
Speaker 1: asserting that suspect vehicle 1 is a 2014-2016 Hyundai Elantra.
24:13
Speaker 1: He argues that these are speculative conclusions that invade the
24:16
Speaker 1: province of the jury and The state responds that it
24:19
Speaker 1: intends to elicit expert testimony establishing the vehicles are the
24:23
Speaker 1: same and such testimony will be neither speculative nor otherwise improper.
24:29
Speaker 1: Oral argument on the motion was held on April 9, 2025,
24:33
Speaker 1: after which the court took the matter under advisement. The
24:37
Speaker 1: court finds that the state may present expert opinion that
24:40
Speaker 1: the vehicle depicted in the video are the same vehicle
24:42
Speaker 1: as the suspect vehicle 1, as well as the make
24:45
Speaker 1: and model thereof. 2. Standard The admissibility of expert opinion
24:50
Speaker 1: testimony is discretionary. State v. Almeres 154, Idaho 584, 590-301, P. 3D 242, 248-2013.
24:58
Speaker 1: The trial court must 1. Correctly perceive the issue as
25:04
Speaker 1: one of discretion, 2. Act within the boundaries of such discretion, 3.
25:08
Speaker 1: Act consistently with any legal standards applicable to the specific
25:12
Speaker 1: choices before it, and 4. Reach its decision by an
25:15
Speaker 1: exercise of reason. To the Facts Following the homicides, law
25:19
Speaker 1: enforcement gathered video surveillance from various locations surrounding the crime scene,
25:24
Speaker 1: including video from 1122 King Road, a residence immediately to
25:29
Speaker 1: the northwest of the crime scene. That video footage showed
25:32
Speaker 1: a white sedan, suspect vehicle 1, enter the King Road
25:35
Speaker 1: neighborhood at around 4.04 a.m. and then depart from the
25:39
Speaker 1: area at a high rate of speed at 4.20 a.m.
25:43
Speaker 1: The same footage showed what law enforcement believed to be
25:46
Speaker 1: the same vehicle make three initial passes by the crime
25:49
Speaker 1: scene in the 30 minutes before its 4.04 a.m. entry.
25:53
Speaker 1: Surveillance videos from five other locations within. 6 miles of
25:57
Speaker 1: the crime scene also captured what law enforcement believed to
26:00
Speaker 1: be suspect vehicle 1 in the hour preceding the crime.
26:04
Speaker 1: Based on the direction of travel and timestamps for these videos,
26:07
Speaker 1: investigators map what they believe to be suspect vehicle 1's
26:11
Speaker 1: route of travel. One of the surveillance videos relied upon
26:14
Speaker 1: by law enforcement was from a camera located at 1125
26:19
Speaker 1: Ridge Road. Video footage captured at 4 a.m. from this
26:23
Speaker 1: camera provided a clear view of the white sedan depicted therein,
26:27
Speaker 1: which law enforcement believed shared similar class characteristics to a
26:31
Speaker 1: 2014-2016 Hyundai Elantra. While there is no continuous footage Showing
26:37
Speaker 1: the vehicle identified in the Ridge Road footage traveling to
26:40
Speaker 1: the crime scene, the Ridge Road camera was located. 3
26:43
Speaker 1: miles down the road from the crime scene. From this
26:46
Speaker 1: collective evidence, investigators believe the vehicle seen on Ridge Road
26:50
Speaker 1: footage at 4.01 a.m. was suspect Vehicle 1, captured on
26:55
Speaker 1: the 1122 King Road footage at 4.04 a.m. The Analysis
27:00
Speaker 1: Based on the lack of continuous footage showing the vehicle's capture,
27:03
Speaker 1: In the various surveillance videos traveling to the crime scene
27:06
Speaker 1: at 4.04 a.m., defendant argues it would be improper for
27:10
Speaker 1: the state to identify those vehicles as suspect vehicle 1
27:14
Speaker 1: or otherwise identify suspect vehicle 1 as a 2014-2016 Hyundai Elantra.
27:21
Speaker 1: He argues that any such testimony is speculative and therefore
27:24
Speaker 1: not relevant, unfairly prejudicial, and invades the province of the jury.
27:29
Speaker 1: The state responds that the testimony is based on logical,
27:31
Speaker 1: educated inferences. drawn by law enforcement from the surveillance videos.
27:37
Speaker 1: It adds that the testimony does not invade the province
27:39
Speaker 1: of the jury and is highly relevant to determine whether
27:42
Speaker 1: the vehicle captured at 4.04 a.m. on the 11-12 King
27:46
Speaker 1: Road camera was the defendant's vehicle. To the extent defendant
27:51
Speaker 1: is attempting to prohibit the state from arguing or asserting
27:55
Speaker 1: as fact that the vehicles are the same or that
27:57
Speaker 1: suspect vehicle 1 is a 2014-2016 Hyundai Elantra vehicle, he
28:02
Speaker 1: is correct that it would be speculative and improper without
28:06
Speaker 1: expert testimony to provide a basis to make this contention. However,
28:10
Speaker 1: this prescription does not prevent the state from eliciting such
28:13
Speaker 1: opinions from law enforcement and asserting that this is an
28:17
Speaker 1: allegation during the trial based on that testimony. An opinion
28:21
Speaker 1: is speculative when it theorizes about a matter as to
28:24
Speaker 1: which evidence is not sufficient for a certain knowledge and
28:27
Speaker 1: suggests only possibilities. State v. Caliz-Batista 162, Idaho, 833, 836, 405, P. 3D, 618, 621, 2017. Here,
28:39
Speaker 1: law enforcement's opinion that the vehicle captured on the Ridge
28:43
Speaker 1: Road camera at 4.01 a.m. is suspect vehicle 1 captured
28:48
Speaker 1: at 4.04 a.m. on the 11-12 King Road footage is
28:51
Speaker 1: not based on unsupported theories or possibilities. Rather, the opinion
28:56
Speaker 1: is based on the investigator's training and experience and educated
29:00
Speaker 1: inferences drawn from the review of surveillance footage from six
29:04
Speaker 1: locations within a mile of the crime scene during the
29:07
Speaker 1: hour preceding the crime. From this evidence, the investigators were
29:11
Speaker 1: able to map what they believed was the suspect vehicle's
29:14
Speaker 1: route of travel preceding the crime, as well as identify
29:17
Speaker 1: its make and model. Defendant ignores this collection of evidence
29:21
Speaker 1: and focuses instead on solely two points of reference. However,
29:25
Speaker 1: the investigators had multiple data points from which they could
29:28
Speaker 1: reasonably infer that the vehicle seen on Ridge Road at 4.01am
29:32
Speaker 1: was the same vehicle that had been seen driving throughout
29:36
Speaker 1: the area in the preceding hour, including the three passes
29:39
Speaker 1: by the crime scene. Further, based on the direction of
29:41
Speaker 1: travel of the Ridge Road vehicle and the distance from
29:44
Speaker 1: the location respective to 1112 King Road, it is likewise
29:49
Speaker 1: reasonable to infer, notwithstanding the lack of continuous footage, that
29:53
Speaker 1: it continued traveling along Ridge Road until it reached King Road.
29:58
Speaker 1: Such opinion testimony would not usurp the jury's role. As
30:01
Speaker 1: fact finder, the jury is tasked with determining whether a
30:04
Speaker 1: defendant committed the alleged crimes. The state asserts that the
30:08
Speaker 1: perpetrator drove suspect vehicle 1 and based on the totality
30:11
Speaker 1: of evidence that it was defendant's Hyundai Elantra. the investigator's
30:16
Speaker 1: observation and inferences about the route of travel of the vehicle,
30:20
Speaker 1: its make and model, whether the Ridge Road footage from 4.01 a.m.
30:24
Speaker 1: and the King Road footage from 4.04 a.m. depict the
30:27
Speaker 1: same vehicle, and whether the depictions where all the perpetrator's
30:31
Speaker 1: vehicle are relevant to this determination. The jury is free
30:35
Speaker 1: to weigh this evidence and the investigator's testimony against that
30:38
Speaker 1: offered by defendant and decide for itself what the surveillance
30:42
Speaker 1: videos depict and whether it supports its ultimate conclusion bearing
30:46
Speaker 1: on defendant's guilt. Finally, defendant's only articulated basis for excluding
30:51
Speaker 1: the testimony IRE 403 is that it would be prejudicial
30:55
Speaker 1: due to its speculative nature. Because the court has found otherwise,
30:59
Speaker 1: there is no basis for its exclusion under IRE 403,
31:03
Speaker 1: as its relevance is substantially outweighed by the factors with
31:06
Speaker 1: which Rule 403 is concerned. Order based on the foregoing
31:11
Speaker 1: defendant's motion in limine, make and model of suspect vehicle,
31:15
Speaker 1: is denied. This document was signed by Judge Hippler and
31:20
Speaker 1: it was dated April 17th of 2025. All of the
31:24
Speaker 1: information that goes with this episode can be found in
31:27
Speaker 1: the description box. What's up everyone and welcome back to
31:30
Speaker 1: the program. Last week, Brian Kohlberger had an appearance before
31:34
Speaker 1: the court and there was a lot of people out
31:36
Speaker 1: there that had a lot of things to say about
31:39
Speaker 1: about the fact that it was not being broadcast to
31:42
Speaker 1: the public. Well, the judge has now ordered that the
31:45
Speaker 1: transcript from that hearing be made public. And if you remember,
31:49
Speaker 1: there was a lot of people last week screaming and
31:51
Speaker 1: yelling and crying, saying that Brian Kohlberger was getting absolutely
31:54
Speaker 1: railroaded because we weren't having access to that hearing. Well,
31:58
Speaker 1: if you go back and you look at the court documents,
32:01
Speaker 1: Brian Kohlberger has argued against camera access multiple times. Multiple times.
32:06
Speaker 1: So I urge people out there that are thinking that
32:09
Speaker 1: Brian Koberger is not getting a fair shake because certain
32:13
Speaker 1: portions might be sealed to go back and do the
32:16
Speaker 1: legwork and take a look at the multiple motions that
32:19
Speaker 1: were filed by Koberger in support of the gag order.
32:23
Speaker 1: But all of a sudden, because he feels like something
32:25
Speaker 1: might fit the narrative that is favorable to him, he
32:28
Speaker 1: wants to do away with it and he wants everything
32:31
Speaker 1: out in the public. Cool. I would call him on
32:33
Speaker 1: that if I was the prosecution. And I would motion
32:36
Speaker 1: to get the gag order lifted. Because if you want
32:39
Speaker 1: everything out there, let's get it all out in public.
32:42
Speaker 1: Let's get it all transparent and all of it out
32:44
Speaker 1: there for public consumption. That's what you want, right? Isn't
32:47
Speaker 1: that what you're arguing here? Or is it only when
32:50
Speaker 1: it fits your narrative? Because you can't pick and choose
32:54
Speaker 1: what the gag order is going to gag. It's dropped
32:58
Speaker 1: over the whole ass case. You can't decide that something's
33:00
Speaker 1: favorable to you. So you want it out in the public.
33:03
Speaker 1: And Dan Taylor is aware of this. So what she
33:05
Speaker 1: has done is she's tried to cause some confusion and
33:08
Speaker 1: build a narrative with the filings that she's made. And
33:10
Speaker 1: she's done a good job. Oh, believe me, there's plenty
33:13
Speaker 1: of people out there that want to suck it up.
33:15
Speaker 1: Plenty of people out there that'll have all their listeners
33:18
Speaker 1: and viewers gassed up on some bullshit. Constantly. Daily. I
33:23
Speaker 1: can't tell you how many times I see these big
33:26
Speaker 1: account follower Twitter accounts talking bullshit, especially about Epstein. Remember
33:32
Speaker 1: all these people that told you about a list, okay?
33:34
Speaker 1: And then when the Jeffrey Epstein list doesn't come out,
33:37
Speaker 1: remember who told you that no list existed. Because I
33:39
Speaker 1: don't have time for bullshit around here. I'm not going
33:42
Speaker 1: to sit here and just fire off salacious nonsense and
33:45
Speaker 1: talk bullshit to you. Everybody has a lot going on
33:47
Speaker 1: in their lives. That's why we keep things straight to
33:50
Speaker 1: the point here and get down to business. You don't
33:52
Speaker 1: need to hear me whinging, talking about a bunch of bullshit.
33:55
Speaker 1: What you're here for is the information. So I'm going
33:58
Speaker 1: to give you that to the best of my ability.
34:00
Speaker 1: And then what you folks do with that after you
34:02
Speaker 1: process it is up to you. I'm not here to
34:05
Speaker 1: school anybody on shit. I'm here to open some doors.
34:08
Speaker 1: And if you decide to walk through those doors, great.
34:10
Speaker 1: If not, hey, I hope you find whatever it is
34:13
Speaker 1: that you're looking for. But these people out here that
34:16
Speaker 1: have to make themselves the main character and think that
34:19
Speaker 1: they've found some kind of you know, information that's going
34:21
Speaker 1: to break the case wide open, well, you're wrong. Brian
34:24
Speaker 1: Koberger is not getting a raw deal. And anybody telling
34:27
Speaker 1: you that he is has no idea what they're watching
34:30
Speaker 1: or talking about. I mean, has the guy had a
34:33
Speaker 1: motion go against him? Has there been a big motion
34:35
Speaker 1: go against Brian Koberger as of yet? I don't think so.
34:38
Speaker 1: Maybe the death penalty? Venue changes, this, that, the other thing. Lafengul,
34:43
Speaker 1: you want railroaded? Go take a look at what happened
34:46
Speaker 1: to Kalief Browder. I don't know how many times I
34:48
Speaker 1: got to bring that up, but where was everybody then? Oh,
34:51
Speaker 1: that's right. There was no grifting to be had, right?
34:54
Speaker 1: No way to make a buck. So nobody had anything
34:56
Speaker 1: to say about Kalief Browder. Today's article is from Fox
35:00
Speaker 1: News and the headline, Brian Koberger case. Idaho judge to
35:04
Speaker 1: unseal transcript of closed door hearing. Brian Koberger returned to
35:08
Speaker 1: a Boise courtroom for hours on Thursday for a hearing
35:11
Speaker 1: held behind closed doors. This article was authored by Michael Ruiz.
35:16
Speaker 1: Oh no, a closed door hearing. Brian Koberger must be
35:19
Speaker 1: getting screwed. The Idaho judge overseeing the case against student
35:25
Speaker 1: murder suspect Brian Koberger has announced that he will release
35:30
Speaker 1: the redacted transcript from a closed door hearing held last week,
35:33
Speaker 1: which he had initially barred to the public and the
35:36
Speaker 1: media from attending. Speaking of that order, I happen to
35:39
Speaker 1: have it right here, so why don't we take a
35:42
Speaker 1: quick look at it. Order regarding January 23rd, 2025 hearing transcript.
35:48
Speaker 1: The court reporter assigned to the hearing in this matter
35:51
Speaker 1: on January 23rd, 2025 shall prepare a verbatim transcript of
35:55
Speaker 1: the portion of the hearing that was closed to the public.
35:58
Speaker 1: Upon completion of the transcript, the parties will have 14
36:01
Speaker 1: days to identify those portions of the transcript that should
36:04
Speaker 1: be redacted from public disclosure, providing a basis for the same. Thereafter,
36:09
Speaker 1: the court will release to the public a redacted transcript
36:12
Speaker 1: of the previously closed portion of the hearing. Signed, Judge Hippler. Dated,
36:17
Speaker 1: January 27th, 2025. Kind of throws a bunch of cold
36:21
Speaker 1: water on the whole narrative that they're trying to be secretive, right?
36:26
Speaker 1: There's a lot of stuff that has to go on
36:28
Speaker 1: in private when we're talking about these cases. A lot
36:30
Speaker 1: of stuff under seal, and a lot of stuff we're
36:32
Speaker 1: not privy to. I mean, how many documents in the
36:35
Speaker 1: Diddy case have been filed under seal? And it's amazing
36:38
Speaker 1: to me that people act like this is their first rodeo.
36:41
Speaker 1: And what's even more amazing is that people fall for
36:43
Speaker 1: the bullshit over and over and over again. Now look,
36:46
Speaker 1: I'm not saying that we're not going to see any
36:47
Speaker 1: kind of prosecutorial misconduct as we make our way through
36:50
Speaker 1: all of this. But as of now, Brian Koberger and
36:53
Speaker 1: his team, they're firing blanks. Alright, back to the article.
36:57
Speaker 1: Ada County Judge Stephen Hippler told court officials to hand
37:00
Speaker 1: over verbatim copies of the unredacted transcript from the sealed
37:04
Speaker 1: hearing on January 23rd to both the prosecution and the
37:07
Speaker 1: defense so they could recommend redactions. Well, I would hope
37:11
Speaker 1: that Brian Koberger doesn't want any redactions, right? He wants
37:14
Speaker 1: complete transparency. Him and his fans out there, they want transparency.
37:18
Speaker 1: I say give it to him. Let's get a complete
37:21
Speaker 1: light shined on what's going on. And if Brian Koberger
37:25
Speaker 1: is getting railroaded, like you say he is, well, then
37:28
Speaker 1: we'll know. And if he is, you better believe I'll
37:30
Speaker 1: have something to say about that. Because if you think
37:33
Speaker 1: that I'm somebody who supports the government, You're out of
37:36
Speaker 1: your mind. What I do support, however, is strong evidence.
37:40
Speaker 1: So whenever strong evidence is provided, well, that's what we
37:43
Speaker 1: have to go on, right? You can go on, trust me, bro.
37:47
Speaker 1: You can go on all of your little conspiracy theories
37:49
Speaker 1: if you want. That's fine with me. But me, I'm
37:52
Speaker 1: going to follow the evidence, the actual hard evidence. And
37:57
Speaker 1: when there is circumstantial evidence to look at, we'll look
37:59
Speaker 1: at that and process it as well. But people get
38:02
Speaker 1: a little too carried away. and they run with these
38:05
Speaker 1: narratives that just don't exist. And it's wild to me
38:08
Speaker 1: to think that there's a lot of people out there
38:09
Speaker 1: that don't give a goddamn about the family members of
38:12
Speaker 1: these killed kids. It's all about Brian Kohlberger, huh? Okay,
38:16
Speaker 1: I guess. The hearing regarded forensic, investigative, genetic genealogy, evidence
38:22
Speaker 1: that Kohlberger's lawyers want thrown out. Of course they do.
38:26
Speaker 1: That's the evidence that's gonna sink, old boy. If that
38:30
Speaker 1: evidence is admitted, it's game over for Brian Kohlberger. Ann
38:33
Speaker 1: Taylor knows it. Jay Logsdon knows it. Elisa Massoth knows it.
38:38
Speaker 1: I know it. And the only people that don't know it, obviously,
38:41
Speaker 1: are the Kohlberger fans out there. Or I guess we
38:43
Speaker 1: should call them Kohlberger stans. I think that's what we'll
38:46
Speaker 1: call them from now on. The Kohlberger stans. During a
38:51
Speaker 1: two-day public proceeding that followed the closed hearing last week,
38:54
Speaker 1: they argue that the FBI violated Kohlberger's Fourth Amendment protection
38:58
Speaker 1: against unreasonable searches and seizure. Oh, please. Here's an idea.
39:03
Speaker 1: If you don't want them to have your DNA or
39:05
Speaker 1: your genealogy, don't leave a knife sheath with your DNA
39:09
Speaker 1: on it at a crime scene. Thanks for coming to
39:11
Speaker 1: my TED Talk. Next thing you know, people are going
39:14
Speaker 1: to be out here arguing that the law enforcement couldn't
39:17
Speaker 1: go through Brian Kohlberger's parents' trash. Oh, you need a
39:20
Speaker 1: warrant for that, not understanding that there's rules of abandonment.
39:25
Speaker 1: I can't tell you how many people tried to argue
39:27
Speaker 1: that that was a constitutional violation. It is not. Once
39:30
Speaker 1: you throw something in your trash and put it on
39:32
Speaker 1: the curb, that's it. Anyone can take whatever they want.
39:35
Speaker 1: It's called abandonment. Now, if the trash can is on
39:38
Speaker 1: your property, different story. But once you put it out
39:41
Speaker 1: on the curb, it is free game, folks. I struggle
39:44
Speaker 1: with the idea that DNA left at the crime scene,
39:47
Speaker 1: that there's any expectation of privacy, Hipler told Kohlberger's lead
39:50
Speaker 1: defense attorney, Ann Taylor. That is an argument that's DOA.
39:55
Speaker 1: The only people that are going to agree with that
39:57
Speaker 1: argument are the Kohlberger stans. Because they want a narrative
40:01
Speaker 1: to be built that Brian Kohlberger is getting railroaded. And
40:04
Speaker 1: what's ironic is what's really happening is the rights of
40:07
Speaker 1: these family members are getting railroaded. Now they all have
40:11
Speaker 1: to go to a different city. They have to deal
40:13
Speaker 1: with all this nonsense. Meanwhile, Kohlberger's sitting pretty. Going to
40:17
Speaker 1: see his pastor. Coming to court without shackles on. Moving venues.
40:22
Speaker 1: Living his best life, right? Hippler appeared unreceptive to their
40:26
Speaker 1: new arguments that the IgG techniques violated Kohlberger's constitutional rights
40:31
Speaker 1: and questioned whether the defendant even had standing to challenge
40:35
Speaker 1: the investigatory tactic. He does not. I'm sorry he doesn't.
40:39
Speaker 1: And this is a classic example, folks, of loopholes and technicalities.
40:44
Speaker 1: When somebody is using this and relying on it the
40:46
Speaker 1: way Koberger is, well, you know how I feel about that. Now,
40:50
Speaker 1: of course, I haven't made my decision if he's guilty
40:52
Speaker 1: or innocent yet. I have to see the trial. But
40:55
Speaker 1: as of now, it's not looking good for Brian Koberger.
40:58
Speaker 1: It wasn't his DNA that was searched, Tipler said. At best,
41:02
Speaker 1: it was his ancestors'. Taylor argued that the FBI violated
41:06
Speaker 1: its own internal policy when checking IgG samples against a database.
41:11
Speaker 1: The judge asked prosecutors why he should allow the evidence
41:14
Speaker 1: to be introduced. I mean, it's not like there's precedent
41:17
Speaker 1: for this, right? Oh, wait, there is? Oh, that's right.
41:20
Speaker 1: Investigators use this kind of technique all over the country.
41:24
Speaker 1: This isn't something brand new. So his team here crying
41:27
Speaker 1: about this again. It's all red flags for me. Okay, great.
41:32
Speaker 1: That's fine. They went against their policy. Why was Brian
41:35
Speaker 1: Koberger's DNA on that sheath under Madison Mogan? Can somebody
41:40
Speaker 1: please explain that to me? Oh, that's right. You can
41:42
Speaker 1: explain it. All you can try and do is get
41:44
Speaker 1: the evidence thrown out. Because if they could explain it,
41:47
Speaker 1: believe me, they would have already. They countered that there's
41:50
Speaker 1: no expectation of privacy in connection with public records and
41:53
Speaker 1: crime scene evidence. And Idaho Deputy Attorney General Jeff Nye
41:57
Speaker 1: told the court that the FBI's interim policy, Taylor questioned,
42:00
Speaker 1: does not impose any legal limitations on otherwise lawful investigative
42:05
Speaker 1: or prosecutorial activities. Your boy Brian Koberger is going to
42:09
Speaker 1: lose this motion. He's not going to be able to
42:11
Speaker 1: do anything about this IGG, and he's going to have
42:14
Speaker 1: to explain himself to the jurors. Much of the IGG
42:19
Speaker 1: process has been sealed by the court, and the unredacted
42:22
Speaker 1: transcript could give new details about how the investigator pieced
42:25
Speaker 1: together the case in the weeks following the murders and
42:28
Speaker 1: tracked Koberger to his parents' house in the Pennsylvanian Pocono Mountains.
42:33
Speaker 1: Ahead of the hearing, the defense asked for the proceeding
42:35
Speaker 1: to be public and a briefing on the matter be unsealed,
42:38
Speaker 1: but Hippler denied the request. And for all these people
42:42
Speaker 1: out here who just started following the case or whatever,
42:44
Speaker 1: or haven't done the legwork to read the court documents,
42:47
Speaker 1: go back and do that. See how many times Brian
42:49
Speaker 1: Kohlberger's team has challenged people for trying to get the
42:53
Speaker 1: gag order lifted. But now the narrative's being built, so
42:56
Speaker 1: let's get on board, huh? Sorry, not gonna work. I
43:00
Speaker 1: can't imagine that there really isn't eye-opening information contained in
43:04
Speaker 1: the transcript, said Eldwina Elcox, a Boise-based defense attorney who
43:08
Speaker 1: is closely following the case. I think that we will
43:11
Speaker 1: learn what the state has been fighting so hard to
43:13
Speaker 1: keep from the defense and the public. Oh, another defense attorney, huh?
43:17
Speaker 1: That's on the side of the defense. Who would have guessed?
43:20
Speaker 1: They're keeping evidence away from the public and from Brian
43:23
Speaker 1: Koberger's team that's going to be admitted at trial. And
43:28
Speaker 1: speaking of secrets... Has Brian Koberger given anybody a real
43:32
Speaker 1: alibi yet? Or was he out moon gazing still? Oh,
43:34
Speaker 1: that's right, moon gazing. Nah, shut up if you don't
43:37
Speaker 1: believe his alibi. Just trust me, bro. I mean, come on.
43:41
Speaker 1: Take a look at the evidence here, give your head
43:43
Speaker 1: a shake, and come back to reality, please. Koberger is
43:46
Speaker 1: scheduled for trial later this year in the home invasion
43:49
Speaker 1: murders of Madison Mogan, Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin.
43:55
Speaker 1: The attack took place around 4 a.m. on November 13th, 2022.
43:59
Speaker 1: as all four were inside an off-campus house near the
44:02
Speaker 1: University of Idaho. Kohlberger at the time was a Ph.D.
44:06
Speaker 1: student studying criminology at Washington State University, which is just
44:09
Speaker 1: 10 miles away from the crime scene. The defense is
44:12
Speaker 1: still awaiting Hipler's decision on whether to grant a Franks hearing,
44:16
Speaker 1: in which they hope to have warrants in the case
44:18
Speaker 1: thrown out. Experts say such hearings are rarely granted, and
44:22
Speaker 1: even more, rarely successful. Loopholes and Technicalities Get back at
44:27
Speaker 1: me when Brian Koberger has something of substance. He doesn't
44:31
Speaker 1: have anything to go on. All he has is, oh,
44:34
Speaker 1: I'm being treated unfairly. But the facts are telling us
44:37
Speaker 1: something different. Now, if there was some sort of prosecutorial
44:42
Speaker 1: misconduct with collecting of evidence, then that evidence should be tossed.
44:46
Speaker 1: But so far, we haven't seen that. So the defense
44:49
Speaker 1: can weave whatever sort of fanciful tale that they want,
44:53
Speaker 1: but the facts are none of the evidence is backing
44:56
Speaker 1: up what they're asserting. So, like usual, we'll continue to
44:59
Speaker 1: follow along, and when we have some more information to share,
45:03
Speaker 1: we'll get it added to the catalog. All of the
45:06
Speaker 1: information that goes with this episode can be found in
45:09
Speaker 1: the description box.