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Murder In Moscow: The Order To Preserve Crime Scene Evidence In Moscow · Beyond The Horizon

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  Speaker 1: What's up, everyone, and welcome back to the program. In
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  Speaker 1: this episode, we're diving right back into those court documents.
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  Speaker 1: And the first one we're going to take a look
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  Speaker 1: at is the motion to preserve crime scene evidence. Case
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  Speaker 1: number CR 29-22-2805. The motion to preserve crime scene and evidence.
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  Speaker 1: State of Idaho plaintiff versus Brian C. Koberger, the defendant.
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  Speaker 1: Comes now. Brian C. Koberger, by and through his attorney,
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  Speaker 1: and C. Taylor, public defender, and hereby moves this court
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  Speaker 1: for an order directing the Latah County Prosecutor's Office to
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  Speaker 1: preserve the crime scene located at 1122 King Road, Moscow, Idaho,
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  Speaker 1: including the home and outbuildings, vehicles, and curtilage. Further, Mr.
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  Speaker 1: Koberger requests the court to order the Latah County Prosecutor's
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  Speaker 1: Office to preserve all evidence in its custody, or under
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  Speaker 1: its control, or in control of their agents. Further, Mr.
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  Speaker 1: Koberger requests the court to order the prosecution to notify
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  Speaker 1: the defense counsel to any potentially destructive testing and or examinations.
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  Speaker 1: This motion is made so that the defense counsel may
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  Speaker 1: take a view of the scene in order to effectively
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  Speaker 1: and constitutionally represent Mr. Koberger and is made pursuant to
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  Speaker 1: Idaho Criminal Rule 16, the 5th, 6th, and 14th Amendments,
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  Speaker 1: to the United States Constitution, and up on Article 1
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  Speaker 1: and Section 113 and 18 of the Constitution of the
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  Speaker 1: State of Idaho. This was dated on the 30th of
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  Speaker 1: December of 2022, and it was signed by Ann Taylor.
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  Speaker 1: The next document we have is the Order to Preserve
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  Speaker 1: Crime Scene and Evidence, case number CR29-22-2805. the state of
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  Speaker 1: Idaho plaintiff, versus Brian C. Koberger, the defendant. The court,
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  Speaker 1: having before it the defendant's motion to preserve crime scene
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  Speaker 1: and evidence, there being no objection by the state and
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  Speaker 1: good cause appearing now, therefore, it is hereby ordered that
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  Speaker 1: the crime scene Located at 1122 King Road, Moscow, Idaho,
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  Speaker 1: including the home and outbuildings, trailers, vehicles, and curtilage shall
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  Speaker 1: be preserved, which means the house shall be locked, crime
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  Speaker 1: tape will remain, on-site police presence is not required. The
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  Speaker 1: crime scene will remain preserved until February 1, 2023, or
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  Speaker 1: further order of the court. It is further ordered that
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  Speaker 1: all samples and evidence collected or generated by the state
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  Speaker 1: in this matter, including but not limited to bodily fluids, blood, tissues, notes, slides, photographs,
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  Speaker 1: or other relevant information be held and preserved by the
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  Speaker 1: state for the defense. It is further ordered that this
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  Speaker 1: order shall remain in effect until further order of this court.
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  Speaker 1: So ordered the 30th of December 2022 and signed by
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  Speaker 1: Megan Marshall. The next document we have is the stipulation
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  Speaker 1: for a non-dissemination order. Case number CR 29-22-2805. State of
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  Speaker 1: Idaho plaintiff versus Brian C. Koberger, the defendant. Comes now,
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  Speaker 1: Brian C. Koberger, by and through his undersigned attorneys, Anne C. Taylor,
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  Speaker 1: public defender, and J. Weston Logsdon, chief deputy litigation attorney,
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  Speaker 1: and Latah County Prosecutor William W. Thompson, Jr., and hereby
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  Speaker 1: stipulate to the issuance of a non-dissemination order prohibiting attorneys, investigators,
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  Speaker 1: and law enforcement personnel from making any extrajudicial statement written
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  Speaker 1: or oral concerning this case, other than a quotation from
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  Speaker 1: or reference to, without comment, the public records of the
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  Speaker 1: court in this case. The stipulation is based on the
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  Speaker 1: Sixth Amendment and and the defendant and state's interests under
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  Speaker 1: both the Idaho and U.S. Constitution. This court has both
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  Speaker 1: a constitutional duty and an inherent authority to minimize the
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  Speaker 1: effects of prejudicial pretrial publicity and to ensure the efficacious
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  Speaker 1: administration of justice. Gannett Company v. DePasquale, 443 U.S., 368, 377, 1977,
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  Speaker 1: Hall v. State of Idaho, 151, As this court is aware,
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  Speaker 1: this case involves matters that have received a great deal
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  Speaker 1: of publicity. The United States Supreme Court has identified non-dissemination
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  Speaker 1: orders as being properly, narrowly tailored, as well as the
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  Speaker 1: least restrictive means to ensure a fair trial in the
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  Speaker 1: view of the First Amendment protections. Nebraska Press Association v. Stewart,
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  Speaker 1: 427 U.S. 539, 1976 Therefore, the parties stipulate that a
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  Speaker 1: non-dissemination order be issued to protect against adversely affecting the
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  Speaker 1: integrity of the case to be presented at trial. This
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  Speaker 1: document was signed on the third day of January 2023,
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  Speaker 1: and it was signed by Ann Taylor and William Thompson.
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  Speaker 1: The next document we have is the non-dissemination order itself.
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  Speaker 1: Case number... CR 29-22-2805. State of Idaho Plaintiff v. Brian C. Koberger,
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  Speaker 1: the defendant. The court, by stipulation of the parties, enters
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  Speaker 1: its order as follows. It is hereby ordered that the
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  Speaker 1: parties to the above titled action, including investigators, law enforcement personnel, attorneys,
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  Speaker 1: and agents of the prosecuting attorney or defense attorney, are
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  Speaker 1: prohibited from making extrajudicial statements. written or oral concerning this
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  Speaker 1: case other than a quotation from or reference to without
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  Speaker 1: comment the public records of the case. This order specifically
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  Speaker 1: prohibits any statement which a reasonable person would expect to
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  Speaker 1: be disseminated by means of public communication. That relates to
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  Speaker 1: the following. 1. Evidence regarding the occurrences or transactions involved
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  Speaker 1: in this case. 2. The charter, credibility, or criminal record
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  Speaker 1: of a party. 3. The performance or results of any
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  Speaker 1: examination or tests or the refusal or failure of a
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  Speaker 1: party to submit to such tests or examinations. 4. Any
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  Speaker 1: opinion as to the merits of the case or the
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  Speaker 1: claims or defense of a party. 5. Any other matter
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  Speaker 1: reasonably likely to interfere with a fair trial of this case,
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  Speaker 1: such as but not limited to the existence or contents
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  Speaker 1: of any confession, admission, or statement given by the defendant
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  Speaker 1: the possibility of a plea of guilt to the charged
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  Speaker 1: defense or a lesser offense or any opinion as to
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  Speaker 1: the defendant's guilt or innocence. It is further ordered that
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  Speaker 1: no person covered by this order shall avoid its prescription
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  Speaker 1: by actions that indirectly but deliberately cause a violation of
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  Speaker 1: this order. It is further ordered that this order and
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  Speaker 1: all provisions thereof shall remain in full force and effective
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  Speaker 1: throughout these proceedings. until such a time as a verdict
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  Speaker 1: has been returned unless modified by this court. This document
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  Speaker 1: was signed on the third day of January of 2023,
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  Speaker 1: and it was signed by Judge Marshall. And our final
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  Speaker 1: document for this episode is the amended non-dissemination order. Case
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  Speaker 1: number CR 29-22-2805. State of Idaho Plaintiff vs. Brian C. Koberger,
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  Speaker 1: the Defendant. There is a balance between protecting the right
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  Speaker 1: to a fair trial for all parties involved and the
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  Speaker 1: right to free expression as afforded under both the United
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  Speaker 1: States and Idaho Constitution. To preserve the right to a
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  Speaker 1: fair trial, some curtailment of the dissemination of information in
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  Speaker 1: this case is necessary and authorized under law. Therefore, based
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  Speaker 1: upon the stipulation of the parties and with good cause,
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  Speaker 1: it is hereby ordered, 1. The attorneys for any interested
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  Speaker 1: party In this case, including the prosecuting attorneys, defense attorney,
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  Speaker 1: and any attorney representing a witness, victim, or victim's family,
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  Speaker 1: as well as the parties to the above entitled action,
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  Speaker 1: including but not limited to investigators, law enforcement personnel, and
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  Speaker 1: agents for the prosecuting attorney or defense attorney, are prohibited
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  Speaker 1: from making extrajudicial statements, written or oral, concerning this case,
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  Speaker 1: except without additional comment, a quotation from a reference, to
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  Speaker 1: the official public record of the case. Number two, this
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  Speaker 1: order specifically prohibits any statement which a reasonable person would
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  Speaker 1: expect to be disseminated by means of public communication that
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  Speaker 1: relates to the following. A, evidence regarding the occurrences or
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  Speaker 1: transactions involved in the case. B, the character, credibility, reputation,
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  Speaker 1: or a criminal record of a party victim or witness,
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  Speaker 1: or the identity of a witness, or the expected testimony
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  Speaker 1: of a party victim or witness. C. The performance or
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  Speaker 1: results of any examination or test or the refusal or
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  Speaker 1: failure of a person to submit to an examination or test. D.
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  Speaker 1: Any opinion as to the merits of the case or
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  Speaker 1: the claims or defense of a party. E. Any information
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  Speaker 1: a lawyer knows or reasonably should know is likely to
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  Speaker 1: be inadmissible as evidence in a trial and that would,
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  Speaker 1: if disclosed, create a substantial risk of prejudicing the An
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  Speaker 1: impartial trial. F. Any information reasonably likely to interfere with
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  Speaker 1: a fair trial in this case afforded under the United States.
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  Speaker 1: and Idaho Constitution, such as the existence or contents of
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  Speaker 1: any confession, admission, or statement given by the defendant, the
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  Speaker 1: possibility of a plea of guilt, or any opinion as
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  Speaker 1: to the defendant's guilt or innocence. It is further ordered
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  Speaker 1: that no individual covered by this order shall avoid its
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  Speaker 1: proscriptions by actions directly or indirectly, but deliberately, that result
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  Speaker 1: in violating this order. It is further ordered that this order,
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  Speaker 1: and all provisions herein, shall remain in full force and
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  Speaker 1: effect throughout the entirety of this case, unless otherwise ordered
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  Speaker 1: by this court. This document was signed on the 18th
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  Speaker 1: of January of 2023 and it was signed by Judge Marshall.
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  Speaker 1: All right, and considering that the FBI was back at
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  Speaker 1: the house, I figured it would be the perfect time
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  Speaker 1: to add the order to preserve the house as evidence
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  Speaker 1: and to preserve the crime scene because obviously that's going
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  Speaker 1: to be relevant and play a part moving forward. All right, folks, well,
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  Speaker 1: that's going to do it for this one. All of
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  Speaker 1: the information that goes with this episode can be found...
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  Speaker 1: In the description box.