Latest / Beyond The Horizon / Murder In Moscow: Trial Expert Bryan Edelman And The Affidavit In Support Of Kohberger (Part 4-6) (8/7/26)
Transcript
- 0:00Speaker 1: What's up everyone, and welcome back to the program. In
- 0:03Speaker 1: this episode, we're picking up where we left off with
- 0:05Speaker 1: the declaration of Brian Edelman. During a December thirtieth, twenty
- 0:10Speaker 1: twenty two press conference, which was live streamed on YouTube,
- 0:13Speaker 1: Chief of Police James Frye and Lethagh County Prosecutor Bill
- 0:16Speaker 1: Thompson announced that Brian Colberger had been arrested, although a
- 0:20Speaker 1: few details were released. Mister Thompson pointed the media to
- 0:23Speaker 1: the probable cause AFFI David, which would be released after
- 0:26Speaker 1: Colberger's extradition from Pennsylvania, with the court issuing a gag
- 0:31Speaker 1: order in an attempt to protect the defendant's due process rights.
- 0:34Speaker 1: The media drew heavily from this document and widely reporting
- 0:37Speaker 1: on purported evidence connecting Brian Colberger to the murders e g.
- 0:41Speaker 1: DNA cell tower data. These details were widely disseminated and
- 0:46Speaker 1: discussed by the media for sixteen months without any debate
- 0:49Speaker 1: over their veracity. Only during an April twenty fourth hearing
- 0:54Speaker 1: regarding the defense change of venue survey did mister Thompson
- 0:57Speaker 1: state and open court that many of these representations which
- 1:00Speaker 1: were tested in the survey were false or may not
- 1:03Speaker 1: be offered at trial. Despite the court's best efforts to
- 1:06Speaker 1: stem the flow of prejudicial information to the public, Leyta
- 1:09Speaker 1: County residents have been saturated with a deluge of details
- 1:13Speaker 1: pulled from the Affid David, warrants and other documents that
- 1:16Speaker 1: were not filed under seal. Much of this coverage has
- 1:20Speaker 1: the potential to undermine the presumption of innocence and shift
- 1:23Speaker 1: the burden of proof onto the defendant. The media detailed
- 1:27Speaker 1: evidence allegedly linking Colburger to the murders, including cell tower
- 1:30Speaker 1: data tracking his movements, video footage of the purported killer's
- 1:34Speaker 1: car near the victim's home, an alleged DNA match with
- 1:38Speaker 1: more than ninety nine percent likelihood of connecting Colburger to
- 1:41Speaker 1: the crime scene, evidence confiscated from Coburger's home and car,
- 1:45Speaker 1: and eyewitness accounts from one of the victim's roommates. Examples
- 1:49Speaker 1: of this type of prejudicial coverage include police alleged and
- 1:52Speaker 1: probable cause affid David that he made at least fourteen
- 1:56Speaker 1: visits to the cell tower coverage area for the King
- 1:58Speaker 1: Road House, including twice on the day of the student's death.
- 2:02Speaker 1: Cell Phone data was a key part of the evidence
- 2:04Speaker 1: that led to Colburger's arrest in December of twenty twenty two.
- 2:07Speaker 1: Malre created visuals displaying cell phone data. During the grand jury,
- 2:12Speaker 1: investigators were able to trace the movement of the phone,
- 2:15Speaker 1: heading through Genese, Idaho, Uniontown, Idaho, and back to Pullman.
- 2:20Speaker 1: The estimated locations were consistent with that of the white Alantra.
- 2:24Speaker 1: According to those cell tower records between Pullman and Moscow,
- 2:27Speaker 1: a phone registered to Colburger stopped reporting to the network
- 2:31Speaker 1: or was disabled on the night of the killings between
- 2:33Speaker 1: two forty seven and four forty eight AM, consistent with
- 2:37Speaker 1: Colberger attempting to conceal his location during the quadruple homicide,
- 2:41Speaker 1: the Affidavid said. The cell phone data shows that Colberger's
- 2:44Speaker 1: phone was recorded at two forty seven AM in an
- 2:47Speaker 1: area that provides coverage southeast of Coburger's Pullman residence, the
- 2:52Speaker 1: Affidavid said, suggesting that he had been on the move.
- 2:55Speaker 1: The phone does not begin to show up in the
- 2:57Speaker 1: network again until four forty eight when it's reported in
- 3:01Speaker 1: an area along US Highway ninety five south of Moscow.
- 3:05Speaker 1: Between four fifty and five twenty six am, the phone
- 3:08Speaker 1: is recorded traveling on US ninety five to Genie, Idaho,
- 3:12Speaker 1: then traveling west into Washington towards unknown, and then ultimately
- 3:17Speaker 1: back to Pullman at five thirty am. The phone is
- 3:20Speaker 1: recorded in an area consistent with Coburger's residence. In the
- 3:24Speaker 1: weeks and months before the killing, cell tower data recorded
- 3:27Speaker 1: that Coburger made at least a dozen trips near the
- 3:30Speaker 1: King Road residents since his cell phone account was opened
- 3:33Speaker 1: in June. According to court records, all of the trips
- 3:36Speaker 1: were late in the evening or early morning, except for
- 3:39Speaker 1: one the affid David said. According to the probable Cause Affidavid,
- 3:43Speaker 1: local police used surveillance footage of the Elantra and cell
- 3:47Speaker 1: phone data to track his alleged movements before and after
- 3:50Speaker 1: the November thirteenth murders. Detailed tracking of Coburger's cell phone
- 3:54Speaker 1: and extensive security video of a car investigators believe is his.
- 3:59Speaker 1: The data did a leg leg show him taking a
- 4:01Speaker 1: route to and from Moscow consistent with the white Lantra
- 4:04Speaker 1: police saw on video footage. Cell phone data shows him
- 4:08Speaker 1: and Moscow near the King Road residence on at least
- 4:10Speaker 1: twelve occasions between June and November thirteenth. Almost all of
- 4:15Speaker 1: those occasions occurred in the late evening and the early
- 4:17Speaker 1: morning hours. Investigators were able to identify that the eight
- 4:21Speaker 1: to four or five to eight phone was receiving signal
- 4:24Speaker 1: from nearby cell towers near King Road at least twelve
- 4:27Speaker 1: times before November thirteenth, usually late night or early morning hours.
- 4:32Speaker 1: Investigators calmed through hours of security video from multiple cameras
- 4:35Speaker 1: and concluded that the killer likely had been driving a
- 4:38Speaker 1: white Hondai a Laantra manufactured between twenty eleven and twenty sixteen.
- 4:43Speaker 1: Based on an FBI expert's viewing of the camera footage.
- 4:47Speaker 1: He found the twenty fifteen a Laantra registered to Coburger.
- 4:50Speaker 1: He owned and drove a white twenty fifteen Hondi Alantra sedan.
- 4:55Speaker 1: Found the Elantra that day park near Coburger's apartment. He
- 4:58Speaker 1: ran the plates and provided the inn information to detectives
- 5:01Speaker 1: investigating the U of I killings. The Elantra was recorded
- 5:04Speaker 1: numerous times on security cameras in the neighborhood where the
- 5:07Speaker 1: killings occurred, from three twenty nine am to four twenty
- 5:11Speaker 1: am on the morning of the attacks. According to court documents.
- 5:15Speaker 1: The last time the Alantra was recorded in the neighborhood.
- 5:18Speaker 1: Police said the camera captured it traveling at a high
- 5:21Speaker 1: rate of speed. A review of security footage found in
- 5:24Speaker 1: Pullman showed a car that appears to be a white
- 5:26Speaker 1: Alauntra leaving Pullman and heading towards Moscow at two fifty
- 5:30Speaker 1: three that morning. Cameras also picked up a car appearing
- 5:33Speaker 1: to be a white Aluntra at five different locations in Pullman,
- 5:36Speaker 1: including on WSU's campus around five twenty five am. Court
- 5:41Speaker 1: records say. CNN also reported that Colberger drove to his
- 5:45Speaker 1: parents home in Pennsylvania from Pullman in a white Honda Alantra.
- 5:49Speaker 1: For weeks, investigators have been urging the public to send
- 5:52Speaker 1: in any tips on a twenty eleven twenty thirteen white
- 5:55Speaker 1: Hondai A Lantra they believe was at the crime scene.
- 5:58Speaker 1: Around the time of the November thirteenth murders, a vehicle
- 6:02Speaker 1: later identified as a white Hondai A Lantra was seen
- 6:04Speaker 1: driving by the apartment more than three times. Investigators were
- 6:08Speaker 1: given access to video footage from WSU that shows a
- 6:12Speaker 1: white vehicle leaving from Moscow and later returning a couple
- 6:15Speaker 1: hours later. On November twenty fifth, WSU police officer Daniel
- 6:20Speaker 1: Tiango found a white Alantra at the university that was
- 6:23Speaker 1: registered to Coburger. Later that same day, the vehicle was
- 6:27Speaker 1: found at an apartment that houses WSU students, where Coburger resided.
- 6:32Speaker 1: The Lantra was seized when Pennsylvania State Police arrested Coburger
- 6:36Speaker 1: at his parents' home in the early morning hours of Friday.
- 6:39Speaker 1: Police believe such a car was at the scene of
- 6:42Speaker 1: the crime. Around the time of the November thirteenth murders,
- 6:46Speaker 1: Investigators at a white Hondai Lantra made between twenty eleven
- 6:50Speaker 1: in twenty sixteen was seen on surveillance footage before and
- 6:53Speaker 1: after the homicides near where the students were killed at
- 6:56Speaker 1: eleven twenty two King Road. Coburger and his father were
- 7:00Speaker 1: pulled over along eastbound Interstate seventy on December thirteenth, as
- 7:04Speaker 1: a road tripped more than twenty five hundred miles from Pullman,
- 7:06Speaker 1: Washington to eastern Pennsylvania driving his white twenty fifteen Hondai
- 7:11Speaker 1: A Lantra. When Indiana Police officers working independently made the
- 7:15Speaker 1: two highway stops within ten minutes just east of Indianapolis,
- 7:19Speaker 1: The heavily scrutinized stops. The Brian Colberger. A month after
- 7:22Speaker 1: the November slangs were instead routine interstate drug trafficking prevention
- 7:26Speaker 1: operations by two different Indiana police departments. Law enforcement officials
- 7:31Speaker 1: in the state told the Idaho Statesman a leather sheath
- 7:35Speaker 1: for a combat style knife was located next to Mogan's body.
- 7:38Speaker 1: The Affidavid Red police found a tan leather knife sheath
- 7:41Speaker 1: lying on the bed next to Mogan's right side. The
- 7:44Speaker 1: sheath had k BAR USMC and the United States Marine
- 7:47Speaker 1: Corps Eagle Globe and Anchor insignia stamped on its outside.
- 7:51Speaker 1: The DNA on the knife sheath was key evidence that
- 7:54Speaker 1: led to Coburger's arrest in December. According to judge's order,
- 7:58Speaker 1: investigative genetic genealogy was used to construct a family tree
- 8:01Speaker 1: of people whose DNA matched with the DNA found on
- 8:04Speaker 1: the knife sheath left at the King Road house. DNA
- 8:08Speaker 1: was found on a leather knife sheath found next to
- 8:10Speaker 1: Madison Mogan's body. The knife was stamped with K BAR
- 8:13Speaker 1: and the United States Marine Corp insignia. The knife sheath
- 8:16Speaker 1: was sent to the Idaho State Lab, where an isolated
- 8:19Speaker 1: mail DNA sample was retrieved. Officers in Pennsylvania recovered trash
- 8:24Speaker 1: from Coburger's family residence on December twenty seventh, through which
- 8:28Speaker 1: the ISL was able to make a DNA profile. The
- 8:31Speaker 1: DNA showed a ninety nine percent match, showing the DNA
- 8:34Speaker 1: from the family home was likely the father of the suspect.
- 8:38Speaker 1: The Idaho State Lab later found a single source of
- 8:41Speaker 1: mal DNA on the button snap of the knife sheath.
- 8:44Speaker 1: Police believe this is Coburger's DNA after comparing it to
- 8:48Speaker 1: DNA evidence police obtained from the trash at Coburger's parents'
- 8:51Speaker 1: house two days before he was arrested. Local police found
- 8:55Speaker 1: the knife sheep at the King Rode home. At the
- 8:57Speaker 1: Moscow house where the victims were found stabbed to death
- 9:00Speaker 1: on November thirteenth, a single source of mal DNA that
- 9:03Speaker 1: police believe belongs to Coburger was found on the sheath.
- 9:06Speaker 1: Investigators found DNA that they believe belongs to a man
- 9:09Speaker 1: accused of stabbing for University of Idaho students to death
- 9:13Speaker 1: at the home where the killings took place. DNA was
- 9:15Speaker 1: found on the snap button of a tan leather knife
- 9:17Speaker 1: sheath left on the bed where the bodies of Madison
- 9:21Speaker 1: Mogan and Kaylee Gonsalves were discovered. The DNA found in
- 9:24Speaker 1: the Coburger's trash matches more than a ninety nine point
- 9:28Speaker 1: nine to nine percent likelihood to the father of the
- 9:30Speaker 1: person whose DNA was found on the knife sheaths. DNA
- 9:34Speaker 1: was found on the snap button of a tan leather
- 9:36Speaker 1: knife sheath left on the bed where the bodies of
- 9:38Speaker 1: Mogan and Gonsolvas were discovered. According to court records, police
- 9:42Speaker 1: believed the genetic materials links Coburger, a former Washington State
- 9:46Speaker 1: University Criminal Justice graduate student, to the killings based on
- 9:49Speaker 1: another DNA sample obtained from his family's trash in Pennsylvania
- 9:53Speaker 1: on December twenty seventh. The DNA was then matched to
- 9:57Speaker 1: him through a cheek swab taken when he was in custody.
- 9:59Speaker 1: Court records say police used a search warrant to collect
- 10:03Speaker 1: a bugle swab from Coburger, and the DNA comparison showed
- 10:06Speaker 1: a statistical match. The DNA evidence came from a kbar
- 10:10Speaker 1: knife sheath that was found on a bed next to
- 10:12Speaker 1: the bodies of Mogan and Gonsalves in their King Road
- 10:15Speaker 1: home near the UI campus. The sheath was faced down
- 10:18Speaker 1: and partially under both Mogan's body and the comforter on
- 10:22Speaker 1: the bed that did not match any DNA from the
- 10:24Speaker 1: convicted offenders, arrestees, or other crime scenes. It typically involves
- 10:28Speaker 1: sending the DNA sample to a genetic genealogy service like
- 10:32Speaker 1: ancestry dot Com or twenty three and meters. Police who
- 10:35Speaker 1: use these services can build a family tree to narrow
- 10:38Speaker 1: down a potential suspect based on age, gender, opportunity, and
- 10:42Speaker 1: known physical characteristics. This led police to recover trash from
- 10:46Speaker 1: the home of Brian Colberger's parents and compare DNA from
- 10:50Speaker 1: that with a kbar knife sheath. That comparison indicated that
- 10:54Speaker 1: the DNA found on the trash belonged to the biological
- 10:57Speaker 1: father of the individual who left the on the k
- 11:01Speaker 1: bar knife. The core document says, all right, we're gonna
- 11:03Speaker 1: wrap up this episode here and in the next episode,
- 11:06Speaker 1: we're gonna pick up where we left off, and that's
- 11:09Speaker 1: with a roommate detailed seeing an individual dressed in black
- 11:12Speaker 1: the night for University of Idaho students were killed. All
- 11:16Speaker 1: of the information that goes with this episode can be
- 11:19Speaker 1: found in the description box. What's up everyone, and Welcome
- 11:22Speaker 1: back to the program. In this episode, We're gonna get
- 11:25Speaker 1: right back to the declaration given by Brian Edelman in
- 11:29Speaker 1: support of Brian Kolberger. A roommate detailed seeing an individual
- 11:34Speaker 1: dressed in black the night for University of Idaho students
- 11:37Speaker 1: were killed peeking out from her door. DM did not
- 11:40Speaker 1: see anyone at the time. She later heard crying coming
- 11:43Speaker 1: from Xana's room, and DM said that they heard a
- 11:46Speaker 1: male voice saying it's okay, I'm going to help you.
- 11:50Speaker 1: DM allegedly looked out their door again, spotting an individual
- 11:54Speaker 1: dressed in black. DM stated that the individual walked towards them,
- 11:58Speaker 1: passing to head toward towards the sliding glass door on
- 12:01Speaker 1: the back of the residence. The person was described as
- 12:04Speaker 1: wearing a mask that hid their mouth and nose, but
- 12:07Speaker 1: left their eyes visible. The individual also had bushy eyebrows
- 12:11Speaker 1: and appeared to be a man around the height of
- 12:13Speaker 1: five feet eleven inches or taller. The roommate stated that
- 12:17Speaker 1: when she opened her door again, she heard crying and
- 12:19Speaker 1: saw a figure clad in black clothing and a mask
- 12:22Speaker 1: that covered the person's mouth and nose walking towards her.
- 12:25Speaker 1: She described them as at least five foot ten inches,
- 12:28Speaker 1: not muscular but athletically built and with bushy eyebrows. The
- 12:32Speaker 1: mail walked past her as she stood in a frozen
- 12:35Speaker 1: shock face. The mail made his way toward the sliding
- 12:38Speaker 1: glass door, and the roommate locked herself in her room.
- 12:41Speaker 1: She stated she did not recognize him. The warrant details
- 12:45Speaker 1: the seizure of nine separate items, which included clothing belonging
- 12:48Speaker 1: to Colburger, a flashlight, four medical style gloves, and a
- 12:52Speaker 1: cheek swab from Colburger himself. The list of items sees
- 12:56Speaker 1: during the search include one silver Defiant flashlight, four medical
- 13:00Speaker 1: style gloves, a T shirt, a Washington State University sweatshirt,
- 13:04Speaker 1: a pair of size thirteen Nike shoes, socks, shorts, and boxers.
- 13:08Speaker 1: Police also took a DNA swab from his cheek. That
- 13:12Speaker 1: evidence includes one nitral type black glove, multiple hair strands,
- 13:16Speaker 1: including one possibly from an animal, receipts from wal Mart
- 13:19Speaker 1: and Marshalls, a dust container from a vacuum, a computer tower,
- 13:23Speaker 1: a dark red spot, two cuttings from an uncased pillow
- 13:26Speaker 1: showing a reddish brown stain, and two mattress covers with
- 13:29Speaker 1: multiple stains seized from Coburger's car were sixty three separate items.
- 13:35Speaker 1: Notable items include a knife of unknown type, a pocket knife,
- 13:39Speaker 1: a forty glock with three empty magazines, and several articles
- 13:42Speaker 1: of black clothing, including a black mask. Among the items
- 13:46Speaker 1: recovered by police were three knives, including one described as
- 13:49Speaker 1: a Smith and Wesson pocket knife and another listed as
- 13:52Speaker 1: a tailor cutglery knife with a leather sheath. Knives and
- 13:56Speaker 1: a handgun, and multiple articles of black clothing, including a mask,
- 14:00Speaker 1: were sees from Brian Colberger's Pennsylvania home. Authorities collected a
- 14:04Speaker 1: disposable black love hair strands and a pillow with a
- 14:07Speaker 1: reddish brown stain, among other items, during a search of
- 14:10Speaker 1: a Washington State University apartment rented by a man accused
- 14:14Speaker 1: of killing four University of Idaho students. Initial analysis showed
- 14:19Speaker 1: blood on two items that police sees during their search
- 14:22Speaker 1: of Moscow homicide suspect Brian Colberger's Washington State University housing
- 14:27Speaker 1: documents the university released Thursday revealed testing of fifty items
- 14:32Speaker 1: found in coburger, a student's department in Pullman came back
- 14:35Speaker 1: with at least trace amounts of blood on brown or
- 14:38Speaker 1: reddish stained betting, according to an inventory list obtained by
- 14:42Speaker 1: The Idaho Statesman through a public records request. A mattress
- 14:46Speaker 1: cover and un case pillows were each positive for blood.
- 14:49Speaker 1: The coverage also focused on Brian Colberger's alibi, which was
- 14:53Speaker 1: called into question in the coverage. On August fourth, twenty
- 14:56Speaker 1: twenty three, it was reported that Coburger claimed to be
- 15:00Speaker 1: on a late drive around the time of the murders.
- 15:03Speaker 1: According to the publicity, he had a habit of going
- 15:05Speaker 1: for drives alone, but had not yet developed any evidence
- 15:08Speaker 1: to support his alibi. The media often drew on comments
- 15:12Speaker 1: in the prosecution's filings attacking the alibi, which was described
- 15:16Speaker 1: as vague and lacking supporting evidence. The criticism was left
- 15:20Speaker 1: uncontested until April seventeenth, twenty twenty four. Examples of this
- 15:24Speaker 1: type of reporting include Coburger has not yet provided an alibi.
- 15:29Speaker 1: Brian Colberger's attorney claims the murder suspect was out driving
- 15:33Speaker 1: the morning four University of Idaho students were murdered. As
- 15:36Speaker 1: of now, Coberger's only alibi is that he was driving
- 15:39Speaker 1: alone in the evening hours of November twelfth and the
- 15:42Speaker 1: early morning hours of November thirteenth. Coburger often took nighttime
- 15:46Speaker 1: drives to hiking destinations around the police Taylor claims Coburger
- 15:51Speaker 1: was driving throughout the area south of Pullman and west
- 15:54Speaker 1: of Moscow. The man accused of killing four University of
- 15:57Speaker 1: Idaho students last fall said he was out driving alone
- 16:01Speaker 1: the night of the attacks. Mister Colberger had a long
- 16:04Speaker 1: habit of going for drives alone, The objection reads often
- 16:08Speaker 1: he would go for drives at night. He did so
- 16:10Speaker 1: late on November twelfth and into November thirteenth, twenty twenty two.
- 16:15Speaker 1: Coleburger is not claiming to be at any specific location
- 16:19Speaker 1: at an exact time. The defense wrote, there is not
- 16:21Speaker 1: a specific witness to say precisely where he was at
- 16:24Speaker 1: each moment that night. Brian Colberger admits he went on
- 16:28Speaker 1: a late night drive alone around the time of the
- 16:30Speaker 1: November thirteenth quadruple murders in Moscow, but he anticipates witnesses
- 16:34Speaker 1: will corroborate he was not at the King Roade crime
- 16:37Speaker 1: scene that night. Taylor confirmed that Coburger was out driving
- 16:41Speaker 1: late November twelfth into November thirteenth. The four u OFI
- 16:44Speaker 1: students were murdered during the early hours of November thirteenth
- 16:47Speaker 1: in a home on King Road. Taylor wrote that Colberger
- 16:51Speaker 1: has long had a habit of going for drives alone.
- 16:54Speaker 1: Mister Colberger is not claiming to be at a specific
- 16:56Speaker 1: location at a specific time. At this time, there is
- 16:59Speaker 1: not a specific big witness to say precisely where mister
- 17:02Speaker 1: Coburger was at each moment of the hours between late
- 17:05Speaker 1: night November twelfth, twenty twenty two, and early morning November thirteenth,
- 17:09Speaker 1: twenty twenty two. The documents claimed that Coburger was an
- 17:13Speaker 1: avid hiker and runner that would often go on drives
- 17:15Speaker 1: during the nighttime. Coberger's alibi is that he was driving
- 17:19Speaker 1: around the night of the murders, and Taylor said she
- 17:22Speaker 1: expects this will be supported by expert testimony. Taylor said
- 17:26Speaker 1: that she's also waiting on cell phone tower information to
- 17:29Speaker 1: support his alibi. Taylor claimed that cell phone data showed
- 17:32Speaker 1: Coburger was driving the mourning for University of Idaho students
- 17:36Speaker 1: were murdered in November of twenty twenty two, but he
- 17:40Speaker 1: was not near the Moscow crime scene. The defense plans
- 17:44Speaker 1: to offer testimony from sire, an expert who can explain
- 17:47Speaker 1: how Coberger's mobile device shows his vehicle did not travel
- 17:50Speaker 1: to Moscow on November thirteenth, twenty twenty two. Coberger's defense
- 17:55Speaker 1: intends to offer the testimony of Siree an expert cell
- 17:58Speaker 1: tower information to show that he was south of Pullman
- 18:02Speaker 1: and west of Moscow, and that Coburger did not travel
- 18:05Speaker 1: east on the Moscow Pullman Highway in the early morning
- 18:08Speaker 1: hours of November thirteenth. Data from Coburger's phone includes photographs
- 18:12Speaker 1: taken of himself in the countryside late at night and
- 18:15Speaker 1: in the early morning on different occasions. Prosecutors in the
- 18:19Speaker 1: Brian Colberger case, the man accused of killing four University
- 18:22Speaker 1: of Idaho students in November of twenty twenty two, said
- 18:26Speaker 1: that his alibi of being around thirty miles from the
- 18:29Speaker 1: crime scene at the time of the murders is too vague.
- 18:32Speaker 1: According to court document, the prosecutors stated that Coberger's alibi
- 18:37Speaker 1: lacks specificity in terms of describing a place or places
- 18:41Speaker 1: at which the defendant claimed to have been at the
- 18:44Speaker 1: time of the murders, and names and addresses of witnesses
- 18:47Speaker 1: upon whom he intends to rely his alibi on. The
- 18:50Speaker 1: prosecution said that except for the reference to the Wawei Park,
- 18:55Speaker 1: the alibi does not add any new information to the
- 18:57Speaker 1: original alibi notice. The prosecution also reference the use of
- 19:01Speaker 1: Coburger's cell phone information does not rise to the level
- 19:05Speaker 1: of an alibi at the time of the homicides because
- 19:07Speaker 1: Coburger's cell phone stopped reporting to the cellular network before
- 19:11Speaker 1: the homicides and continued to not report until after the homicides.
- 19:15Speaker 1: The prosecution is requesting the court to deny all further
- 19:19Speaker 1: opportunities to add any purported claim of alibi and preclue
- 19:23Speaker 1: testimony by anyone other than the defendant. The prosecutor in
- 19:26Speaker 1: the Brian Coburger case says the murder suspects alibi is
- 19:30Speaker 1: not specific enough to serve as a proper alibi defense.
- 19:33Speaker 1: Leta County Prosecutor, Bill Thompson argued in a motion filed
- 19:37Speaker 1: Friday that Idaho code requires an alibi defense to state
- 19:41Speaker 1: a specific place or places at which the defendant claims
- 19:45Speaker 1: to have been during the murders. Thompson said this new
- 19:48Speaker 1: alibi defense adds little to what the prosecution already knows
- 19:51Speaker 1: from the investigation. The defendant is offering nothing new to
- 19:55Speaker 1: his initial alibi that he was simply driving around during
- 19:58Speaker 1: the morning hours. Thompson also pointed out that Coburger's cell
- 20:02Speaker 1: phone stopped reporting to the cellular network before the homicides happened,
- 20:06Speaker 1: and continued to not report until after the homicides. The
- 20:09Speaker 1: location of the defendant cell phone at times other than
- 20:12Speaker 1: the time of the homicides is not proof of or
- 20:15Speaker 1: relevant to the defendant specific location at the time of
- 20:18Speaker 1: the homicides. Thompson is asking leta County District Judge, John Judge,
- 20:23Speaker 1: to deny Coburger more opportunity to add to his alibi.
- 20:26Speaker 1: He also asked Judge to prohibit anyone other than Coburger
- 20:30Speaker 1: to testify about this alibi. In Grid Beaty, the Idaho
- 20:34Speaker 1: Deputy Attorney General who was assisting the prosecution, said she's
- 20:38Speaker 1: confused about how cell tower data can support his alibi defense.
- 20:42Speaker 1: The Leasta County community has come together in support of
- 20:45Speaker 1: the victims and their families. For example, there were several
- 20:48Speaker 1: candlelight vigils and a memorial created to remember the victims.
- 20:52Speaker 1: The home where the murders occurred was donated to the
- 20:55Speaker 1: university and later demolished. Multiple groups were created on social
- 20:59Speaker 1: media and thousands of posts appeared with the hashtag vandal Strong.
- 21:04Speaker 1: Members of the victims' families used the media as an
- 21:06Speaker 1: outlet to remember their lost loved ones and voice their
- 21:09Speaker 1: frustrations as the case moved through the court system. Examples
- 21:14Speaker 1: of this type of reporting include the UI held the
- 21:17Speaker 1: candlelight vigil November thirtieth in the Kibbi Dome to honor
- 21:21Speaker 1: Chapin Kernodle, Mogan and Gonsalves. With a number of students
- 21:25Speaker 1: to have left campus early, UI has postponed a candlelight
- 21:28Speaker 1: vigil that had been planned for Wednesday night to November thirtieth.
- 21:33Speaker 1: They designed the stickers themselves and got help from Allegra
- 21:36Speaker 1: Image three sixty with printing three thousand copies. The stickers
- 21:40Speaker 1: will be handed out during a candlelight vigil scheduled at
- 21:43Speaker 1: five pm today at the as UI Kibbi Activity Center
- 21:47Speaker 1: on the UI campus in Moscow. The vigil will be
- 21:50Speaker 1: held simultaneously at five pm Pacific Standard time across the
- 21:54Speaker 1: University of Idaho Moscow, Boise, and Idaho Falls campuses, as
- 21:59Speaker 1: well as in Orde Lane and McCall. Those who cannot
- 22:02Speaker 1: make the vigil in person are encouraged to light a
- 22:05Speaker 1: candle or hold a moment of silence during that time.
- 22:08Speaker 1: Their lives were changed forever three hundred and sixty five
- 22:11Speaker 1: days ago, but the students who spoke at the candlelight
- 22:14Speaker 1: vigil Monday night said the strength of the community, vandal
- 22:17Speaker 1: family and friends are helping them move forward. On the
- 22:21Speaker 1: one year anniversary of the murders of Kailee Gonsalves, Xana Kernodle,
- 22:24Speaker 1: Madison Mogan, and Ethan Chapin, a group gathered on the
- 22:28Speaker 1: University of Idaho campus to share tears, hugs, and heartfelt
- 22:32Speaker 1: memories of the young lives that ended on November thirteenth,
- 22:35Speaker 1: twenty twenty two. The large tree that's the centerpiece of
- 22:38Speaker 1: Moscow's Friendship Square during the holiday season was adorned with
- 22:42Speaker 1: heartfelt messages written by community members to honor the four
- 22:46Speaker 1: victims of the November thirteenth murders near the University of
- 22:49Speaker 1: Idaho campus, kay Gonsalvis, Madison Mogan, Ethan Chapin, and Xana Kernodle.
- 22:55Speaker 1: The killing of Kailee Gonsalves, Madison Mogan, Xana Kernodle, and
- 22:58Speaker 1: Ethan Chapin the twenty twenty two inspired UI students and
- 23:03Speaker 1: the people of Moscow to come together and honor the
- 23:05Speaker 1: victims and others with a Memorial Garden. There is a
- 23:09Speaker 1: plan to create the Vandal Healing Garden and memorial on
- 23:13Speaker 1: the UI campus to honor the four victims. Walker called
- 23:16Speaker 1: it an incredibly powerful student driven project involving students in
- 23:20Speaker 1: the College of Art and Architecture reaching out to the
- 23:23Speaker 1: families of students who have died and to the wider
- 23:26Speaker 1: community for ideas on how to honor the students. Made
- 23:29Speaker 1: the student community feel stronger, Weedenfield said. For students like Whedenfield,
- 23:34Speaker 1: this healing Garden will not just honor the four that
- 23:36Speaker 1: were fatally stabbed. He said, it's meant to memorialize all
- 23:40Speaker 1: students who didn't live to see graduation day. They said,
- 23:44Speaker 1: it will also serve as a space for emotional healing.
- 23:47Speaker 1: There will be a special monument to honor the four
- 23:49Speaker 1: students who died in November of twenty twenty two. All Right,
- 23:53Speaker 1: we're going to wrap up right here, and in the
- 23:54Speaker 1: next episode, we're going to pick up where we left off.
- 23:57Speaker 1: All of the information that goes with this episode code
- 24:00Speaker 1: can be found in the description box. What's up everyone,
- 24:03Speaker 1: and welcome back to the program. In this episode, we're
- 24:05Speaker 1: picking up where we left off with the declaration of
- 24:08Speaker 1: Brian Edelman in support of Brian Koberger. Meanwhile, the university
- 24:14Speaker 1: continues work on developing a memorial garden at an undetermined
- 24:18Speaker 1: on campus location. The UI is also planning a memorial
- 24:22Speaker 1: and garden to honor the four victims and a kernodle
- 24:25Speaker 1: Ethan Chapin, Madison Mogan, and Kaylee Gonsalves. Green said the
- 24:29Speaker 1: plans being developed by a committee of student representation. The
- 24:32Speaker 1: university is also in the process of designing a memorial
- 24:35Speaker 1: garden on campus to honor Kernodle Chapin, Mogan, and Gonsalvs.
- 24:40Speaker 1: Scholarships have been created in memory of Kernodle Chapin and Mogen.
- 24:44Speaker 1: The UI is currently working with the Gonsalvas family to
- 24:48Speaker 1: develop a fourth scholarship in her name. Mementos left by
- 24:51Speaker 1: local residents to honor the victims were seen next to
- 24:54Speaker 1: the house's parking lot. The four students received posthumous degrees
- 24:58Speaker 1: and certificates at UI's spring commencement ceremony. The house owner
- 25:03Speaker 1: donated the property to UI in February, and university officials
- 25:07Speaker 1: have said they plan to tear down the house. Green
- 25:09Speaker 1: said demolishing the house will be a healing step for
- 25:12Speaker 1: the community, but the demolition plans are on hold until
- 25:16Speaker 1: October after some of the victim's families asked the university
- 25:19Speaker 1: for a delay until the suspect in the slaying stands trial.
- 25:23Speaker 1: The King Rode Home, where a four University of Idaho
- 25:26Speaker 1: students were murdered in November, will likely be demolished before
- 25:29Speaker 1: the start of the fall semester, a university official says.
- 25:33Speaker 1: After the murders, the property owner donated the home to
- 25:35Speaker 1: the UI, which plan to demolish it before the start
- 25:39Speaker 1: of the school's fall semester as a healing gesture for
- 25:41Speaker 1: the community and to prevent efforts to sensationalize the crime scene.
- 25:46Speaker 1: The King Road House, the crime scene where four University
- 25:49Speaker 1: of Idaho students were murdered last year, was demolished early
- 25:52Speaker 1: in the morning this Thursday, with construction crew's beginning demolition
- 25:56Speaker 1: at six thirty am. Members of the media surrounded the
- 25:59Speaker 1: hose house and directed their cameras toward the destruction. Walker
- 26:03Speaker 1: confirmed that one hundred percent of the apartments and houses
- 26:06Speaker 1: surrounding the King Road House house students, and that the
- 26:09Speaker 1: presence of the house affected those students. We heard from
- 26:12Speaker 1: students in the area that they were ready for the
- 26:14Speaker 1: house to come down. Shannon Gray, an attorney for the
- 26:17Speaker 1: Gonsalvis family, said the university is disregarding family's requests that
- 26:21Speaker 1: the home be left standing until after Coberger's trial. We
- 26:25Speaker 1: just want justice for our loved ones. The statement read,
- 26:28Speaker 1: we want to start healing. We do. We want to
- 26:30Speaker 1: find justice and try to move on from this horrible tragedy.
- 26:33Speaker 1: So please please start making some decisions, get to work,
- 26:36Speaker 1: and quit playing the delay game. The previously unidentified former
- 26:41Speaker 1: roommate at the King Road House in Moscow, where four
- 26:43Speaker 1: University of Idaho students were killed in the late twenty
- 26:47Speaker 1: twenty two, has publicly come forward in her efforts to
- 26:49Speaker 1: contribute to the lasting legacy of her friends. Said she
- 26:53Speaker 1: chose to speak out for the first time to honor
- 26:55Speaker 1: the lives lost and bring awareness to college students about
- 26:58Speaker 1: being safe on social media play. It crosses my mind
- 27:02Speaker 1: more than that could have happened while I was there,
- 27:05Speaker 1: and you know, you never know how long someone's watching
- 27:08Speaker 1: your house Couch said in her interview with kx LYTV
- 27:12Speaker 1: and Spokane. I remember my last text message to her.
- 27:16Speaker 1: I was like are you okay? And I feel like,
- 27:18Speaker 1: right then and there, I kind of just knew that
- 27:20Speaker 1: something was wrong. I mean I couldn't even walk out
- 27:23Speaker 1: to my car in the dark for months after it happened,
- 27:25Speaker 1: Couch told the TV station. Now, Couch and her mother
- 27:29Speaker 1: have found a nonprofit, the Maid with Kindness Foundation, to
- 27:32Speaker 1: raise money for outreach and a national scholarship fund. Couch
- 27:36Speaker 1: said she wants to ensure her former roommates are remembered
- 27:39Speaker 1: in a positive light rather than in the way in
- 27:42Speaker 1: which their lives were taken. The parents of the victims Gonsalvests,
- 27:46Speaker 1: have consistently vented frustration about the length of time the
- 27:49Speaker 1: case is taken more than eighteen months and counting since
- 27:52Speaker 1: Coburger's arrest. To bring to trial, the court needs to
- 27:55Speaker 1: take control of the case and the attorneys involved, the
- 27:58Speaker 1: Gonsalvest family said in a statement obtained by the Idaho
- 28:01Speaker 1: Statesmen after two hearings last month. As long as the
- 28:05Speaker 1: court continues to entertain anything in everything at every hearing,
- 28:08Speaker 1: the delay will never end. The victims' families want justice,
- 28:12Speaker 1: but just as importantly, we want the case to move forward.
- 28:15Speaker 1: Family members of one of the victims in Novembers quadruple
- 28:18Speaker 1: homicide in Moscow or urging people to complete random acts
- 28:22Speaker 1: of kindness on her behalf today. The media has also
- 28:26Speaker 1: kept this case in the public's consciousness by providing constant
- 28:29Speaker 1: updates on court proceedings, no matter how trivial. These hearings
- 28:32Speaker 1: have covered a range of topics, from the court imposed
- 28:35Speaker 1: gag order to evidentary disputes. As part of the coverage
- 28:38Speaker 1: of the victim's families in the public have been critical
- 28:41Speaker 1: of perceived efforts by the defense to delay the trial.
- 28:44Speaker 1: There was also significant coverage surrounding the defense change a
- 28:48Speaker 1: venue survey, which came to light after the government filed
- 28:51Speaker 1: and unseal motion to stop the data collection process. This
- 28:55Speaker 1: resulted in another deluge of prejudicial coverage and discussion on
- 28:59Speaker 1: social media and use. After two hearings were streamed on
- 29:02Speaker 1: Court TV and watched by thousands, the media drew on
- 29:05Speaker 1: the prosecutions, court filing and arguments during the live stream proceedings,
- 29:10Speaker 1: accusing the defense of spreading misinformation and tanking the jury pool.
- 29:14Speaker 1: The coverage fed the public perception that the defense was
- 29:17Speaker 1: trying to undermine the judicial process or get Colburger off
- 29:20Speaker 1: on a legal technicality, and further undermine the court's efforts
- 29:24Speaker 1: to stem the flow of information to prospective jurors. Examples
- 29:28Speaker 1: of this media coverage include Leayta County Prosecutor Bill Thompson
- 29:33Speaker 1: and the questions on the survey were completely inappropriate for
- 29:36Speaker 1: potential jurors, and that the information in the questions was
- 29:39Speaker 1: false and it admissible, and that the question violated the
- 29:42Speaker 1: non dissemination order. Leyta County Prosecutor Bill Thompson argued the
- 29:47Speaker 1: survey is violating the court's non dissemination order that prohibits
- 29:50Speaker 1: attorneys from making out of court statements about the case
- 29:53Speaker 1: to the public. That is reckless conduct and its outrageous,
- 29:56Speaker 1: Thompson said. About the survey questions, Thompson reiterated that Colburger's
- 30:01Speaker 1: defense is allowed to conduct a survey, but the questions
- 30:04Speaker 1: in this particular survey were inappropriate and jeopardized Coburger's right
- 30:08Speaker 1: to a fair trial. We're trying to salvage a mess,
- 30:11Speaker 1: Thompson said. Thompson's office found out about the survey questions
- 30:15Speaker 1: in March from a Lata resident who recorded the phone survey.
- 30:19Speaker 1: Thompson accused Edelman's survey of including loaded questions that introduce
- 30:23Speaker 1: information including false information about the case to the survey takers.
- 30:28Speaker 1: In his closing statement, Thompson said, it seems the defense
- 30:31Speaker 1: is okay with tanting jurors to ascertain the bias of
- 30:35Speaker 1: other potential jurors. Thompson accused Edelman's survey of including loaded
- 30:39Speaker 1: questions that introduce false information to the case to the
- 30:42Speaker 1: survey takers. Thompson said that information is now planted into
- 30:46Speaker 1: the Layta County residents who took the survey. I do
- 30:49Speaker 1: not question the right of the defense to commission surveys, responsible,
- 30:53Speaker 1: proper surveys as part of the debate over venue, but
- 30:56Speaker 1: this survey cannot stand, Thompson said. The prosecutor, defense at
- 30:59Speaker 1: turn and judge in the Brian Colberger case participated in
- 31:03Speaker 1: a heated argument Thursday regarding due process and a survey
- 31:06Speaker 1: of potential jurors in Leyta County. Judge John Judge was
- 31:10Speaker 1: frustrated about the survey. This was a total shock to
- 31:13Speaker 1: me because this is a big deal and I take
- 31:16Speaker 1: it very very seriously, and I was surprised, okay, that
- 31:19Speaker 1: this was happening behind our backs, my back, Judge said.
- 31:23Speaker 1: He said that the survey happening without the commission of
- 31:25Speaker 1: the Court or the State was troublesome, and that the
- 31:28Speaker 1: questions planted seeds to encourage people to look up information
- 31:32Speaker 1: about the case. Taylor and Judge got into a heated
- 31:35Speaker 1: argument over due process stemming from judges order filed on
- 31:39Speaker 1: March twenty second that prohibited the defense and prosecution from
- 31:42Speaker 1: contacting potential jurors about the case. This was in response
- 31:46Speaker 1: to the survey Leyta County District Judge John Judge prohibited
- 31:50Speaker 1: Coburger's attorneys and the prosecution from contacting potential jurors about
- 31:55Speaker 1: this case in a March twenty second order. The defense
- 31:58Speaker 1: in the Brian Colberger case has been a way order
- 32:00Speaker 1: to pause surveying potential jurors in Leta County due to
- 32:03Speaker 1: problematic questions. They asked four hundred potential jurors. The list
- 32:07Speaker 1: of questions that were of a concern to the prosecution
- 32:10Speaker 1: include information on Coburger's arrest, DNA evidence found at the
- 32:14Speaker 1: crime scene that was matched to Colburger, Colburger owning the
- 32:17Speaker 1: same car recorded on video driving in the neighborhood where
- 32:20Speaker 1: the murders occurred, cell phone data showing Coburger making several
- 32:24Speaker 1: trips to the victim's home in the month before the killings,
- 32:27Speaker 1: university students and parents living in fear until Coburger's arrest,
- 32:31Speaker 1: Coburger's alibi, Coburger potentially stalking one of the victims, and
- 32:35Speaker 1: if Colburger followed one of the victims on social media.
- 32:38Speaker 1: Judge expressed disappointment in the survey by saying the prosecution
- 32:42Speaker 1: and defense of work so hard to protect a fair trial,
- 32:45Speaker 1: which was the point of the non dissemination order. He
- 32:48Speaker 1: is concerned the survey will inject prejudicial information into the
- 32:52Speaker 1: jury pool. Judge John Judge will decide whether a survey
- 32:56Speaker 1: of potential jurors in the Brian Colberger case inappropriately spread
- 33:00Speaker 1: prejudicial information about the case. Prosecutor Bill Thompson took issue
- 33:04Speaker 1: with several questions in a phone survey created by Brian Edelman,
- 33:08Speaker 1: who was a survey expert hired by Colberger's defense attorney
- 33:11Speaker 1: and Taylor. The question Thompson is concerned about asked the
- 33:14Speaker 1: participants if they have read, seen, or heard about certain
- 33:17Speaker 1: details about the Coburger case. Some of the details are
- 33:20Speaker 1: not even true, Thompson said. They include questions about whether
- 33:23Speaker 1: the participant knows about the knife sheath allegedly found at
- 33:26Speaker 1: the crime scene. The multiple visits to the crime scene,
- 33:29Speaker 1: Colburger allegedly took that Moscow residents lived in fear of
- 33:32Speaker 1: following the crime, and that Coburger had allegedly stalked his victims.
- 33:37Speaker 1: Thompson is concerned about specific questions regarding what he says
- 33:40Speaker 1: is false information that was not on the probable cause
- 33:43Speaker 1: affid David. One of those questions asked survey takers if
- 33:46Speaker 1: they read, seen, or heard reports that Coburger stalked his victims.
- 33:51Speaker 1: When Thompson questioned Edelman about the survey, the exchange between
- 33:54Speaker 1: the two men became heated, and Taylor accused Thompson of
- 33:57Speaker 1: badgering Edelman. Letai County discre Judge John Judge is allowing
- 34:01Speaker 1: Brian Colberger's defense to continue asking potential jurors to participate
- 34:06Speaker 1: in a survey regarding the quadruple murder case. Judge officially
- 34:10Speaker 1: lifted his previous order banning the defense from contacting prospective
- 34:14Speaker 1: jurors in Letai County and other Idaho counties. In conclusion,
- 34:18Speaker 1: my review of pre child publicity indicates that Leayta County
- 34:22Speaker 1: Jerrypool has been saturated with prejudicial coverage surrounding the sensational
- 34:26Speaker 1: murders of four University of Idaho students, the ensuing search
- 34:30Speaker 1: for the killer, public statements from the victims, family members,
- 34:33Speaker 1: and evidentiary details. After Brian Colberger's arrest, the media reported
- 34:37Speaker 1: extensively on alleged evidence, some of which proved to be
- 34:40Speaker 1: false or misleading. These killings and shockwaves through the local
- 34:44Speaker 1: community and generated a state of panic. Between twenty five
- 34:47Speaker 1: percent forty percent of the student body failed to return
- 34:50Speaker 1: to Moscow after the Thanksgiving break. Before the defendant's arrest,
- 34:54Speaker 1: there was widespread frustration with the lack of details made
- 34:57Speaker 1: public about the ongoing investigation. With minimal official information available, rumors, speculation,
- 35:04Speaker 1: and misinformation proliferated. The survey data indicate that the media
- 35:09Speaker 1: coverage has negatively impacted the Latai County jerrypool. For example,
- 35:13Speaker 1: ninety eight percent of the Latai County survey respondents have read, seen,
- 35:17Speaker 1: or heard about the case, and eighty six percent recognized
- 35:20Speaker 1: at least four of nine media items tested in the survey.
- 35:24Speaker 1: Eighty one percent of those familiar with the case of
- 35:26Speaker 1: Red seen or heard that police found a knife sheath
- 35:30Speaker 1: on the bed next to one of the victims, and
- 35:32Speaker 1: sixty seven percent heard that DNA found on the sheath
- 35:35Speaker 1: match Brian Colberger. In addition, eighty eight percent of Layta
- 35:38Speaker 1: County survey respondents have talked about this case or heard
- 35:42Speaker 1: others talking about it in person or online. The media
- 35:45Speaker 1: coverage has also shifted the burden of proof to the defendant.
- 35:48Speaker 1: Many community members exposed to prejudicial media coverage hold a
- 35:52Speaker 1: presumption of guilt in this case. Sixty seven percent of
- 35:56Speaker 1: survey respondents familiar with the case believe that Brian Colberger
- 35:59Speaker 1: is guilty of murder, and fifty one percent reported that
- 36:02Speaker 1: he would have a difficult time convincing them otherwise. All right,
- 36:06Speaker 1: we're going to wrap up this episode here and in
- 36:08Speaker 1: the next episode, we're going to pick up with six
- 36:10Speaker 1: telephone Survey. All of the information that goes with this
- 36:13Speaker 1: episode can be found in the description box.