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

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What's up everyone and welcome back to the program. Over
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the past few days, we've seen several rulings from Judge
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Hippler when it comes to the motions in limine. And
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these new orders have to do with the 911 call,
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text messages, and the fact that the state is going
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to be able to chase the death penalty as a
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viable option, even though Brian Kohlberger was diagnosed with autism.
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So we have two articles that we're going to dive into,
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and the first one is from the Idaho Statesman. Headline,
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Idaho judge makes ruling on jury hearing 911 call at
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Kohlberger murder trial. This article was authored by Kevin Fixler.
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The judge overseeing Brian Kohlberger's upcoming murder trial ruled Thursday
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that prosecutors may pay for the jurors all but three
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short portions of the 911 call that was made hours
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after four University of Idaho students were fatally stabbed, and
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also determined that texts between two surviving roommates were likely admissible.
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Judge Stephen Hippler of Idaho's 4th Judicial District rejected the
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defense argument to restrict the call during their client's upcoming trial.
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His attorney also requested that only the approved portions of
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the recording with 911 dispatch be allowed, or a transcript
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of the call, not both. But Hippler decided that jurors
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would be given a transcript to be used to aid
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them in understanding all of the permitted portions of the
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conversation with the dispatcher. And all of that has to
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do with excited utterance and the other rules and laws
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that govern how this kind of thing goes up in Idaho.
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And that's why some portions of the phone call are
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going to be admitted and others are going to be
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kept out. And I think having a transcript's a good idea.
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It acts as a roadmap, right? And it helps people
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guide themselves along with the phone call. Because there's no
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doubt that those text messages are a bit jumbled and
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very difficult to follow along with, even when you're reading
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off of a transcript. And I always think that the
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more information the jury has, the better. And if they
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can use resources like having some kind of transcript or
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some kind of guide, great. That way they have all
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of the available information so that they can render the
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proper decision. Some of the hearsay statements on the 911
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call do not qualify under the exception cited by the state.
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and therefore must be redacted, Hipler wrote. However, the balance
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of the 911 call, as well as the texts and
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conversations noted herein, are likely admissible, provided that the requisite
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foundation is laid at trial. So the ball is in
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the prosecution's court. And Hipler's telling them, as long as
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they do the right thing and lay the proper foundation
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when they're laying out their case, then they'll be able
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to use these 911 calls as evidence, at least the
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portions that aren't redacted. The three portions of the call
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Hippler said he would restrict from jurors as hearsay included
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when a female friend told the dispatcher that one of
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the four victims was drunk the night before, passed out,
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and wasn't waking up. Like, how the hell do you
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get that from somebody who's been murdered? Now, I try
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not to speculate too much about what went on in
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that house, but there's no doubt that the whole scenario
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with the roommates is weird. Does that make them part
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of it? Does that make this some grand conspiracy? No,
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it doesn't. There is not one bit of evidence pointing
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at anybody but Brian Koberger. And if you have that evidence,
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I'm more than willing to look at it. But the
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truth is, if that evidence was available, Brian Koberger's team
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would have already brought it to the table. There is
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no evidence pointing at anyone besides Brian Koberger. And as
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I've said from the very beginning, I remain open to
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looking at all of that evidence. But unfortunately for Brian
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Koberger and all of the wine ants out there supporting him,
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there's no real tangible evidence that points at anybody but
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Brian Koberger. And you can gnash your teeth and scream
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and throw a fit and yell about this dude being railroaded,
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but we've read every court document. So you can miss
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me with the bullshit and the gaslighting. We've seen what
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the state has, and we've seen what Brian Koberger is
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countered with. And breaking news, wine ant Jane, shit's not
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looking good for your boy. In another instance, the same
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female friend told a dispatcher that a surviving roommate saw
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a man in the home where the students were killed overnight,
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which Hippler labeled as hearsay. Well, that's what it is.
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It's hearsay. If you were told something and then you
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repeat that to the court, that's hearsay. Also, when one
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of the surviving roommates tried to explain what happened overnight
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but was quickly interrupted by the dispatcher, Hippler said, that
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will be redacted from the call too. That same roommate
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is expected to testify at trial and offer that information
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and a description of the man she saw in the home.
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And at that point, Brian Koberger and Ann Taylor, they're
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going to get their chance to cross-examine her. So for
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all those people out there that are crying and gnashing
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their teeth about this testimony, well, you're going to get
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your chance to poke holes in it. If she's not credible,
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like you say she's not, this is going to be
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Ann Taylor's chance. Kohlberger, 30, is accused of killing four
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U of I students in Moscow in November of 2022.
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At that time, he was a graduate student of criminal
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justice and criminology at Washington State University in Pullman, located
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about nine miles west of Moscow, across the Idaho state line.
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The victims were Kaylee Gonsalves, Madison Mogan, Zanna Kernodle, and
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Ethan Chapin. The three women lived at the off-campus home
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with two female roommates who went physically unharmed in the attack,
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while Chapin was Kernodle's boyfriend and slept over for the night.
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And you know how else you can tell that this
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wasn't a cartel hit? Or anything to do with drugs?
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They left survivors. Do you really think that a hit
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squad from CJNG or Sinaloa cartel is going to leave survivors?
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Or are they just going to murder everybody like they
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do every time they show up? So anybody out there
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trying to pitch this as some kind of retaliation over
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a drug debt, I hate to say it, but they're
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stupid as fuck. Either they're stupid, or they're doing it
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on purpose to try and drive engagement, because nobody with
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a brain in their head actually really believes that this
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was some sort of payback over drugs. This is exactly
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what we're being told it was. Some maniac, whether that's
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Brian Kohlberger or otherwise, went into this house and And
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for whatever reason, guess what, you don't always need motive.
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But for whatever reason went into this house and went
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on a killing spree. And it had nothing to do
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with somebody not paying for their bag of weed. Kohlberger
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has been held in police custody without bond for nearly
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28 months since his late December 2022 arrest on four
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counts of first degree murder and a count of felony burglary.
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prosecutors intend to seek the death penalty if a jury
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finds Koberger guilty. And the new order by Judge Hippler
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that has to do with autism and Brian Koberger being
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eligible for the death penalty obviously paves the way for
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the state to actually give Brian Koberger the death sentence
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if he's found guilty. Audio of the 911 call, the
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source of much public speculation, for more than two years
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after the November 2022 quadruple homicide was released last month
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in response to public records requests filed by to the
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region's dispatch center located in Pullman, Washington. Its public release
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followed the inclusion of a call transcript in a prosecution
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filing to allow jurors to hear the call at trial.
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Steve Gonsalves, father of victim Kaylee Gonsalves, told KCPQ-TV Fox
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13 in Seattle earlier this month that the recording remains
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a difficult listen one his wife didn't plan to ever hear. Honestly,
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it's terrible, he said, of the roughly four-minute call. She
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still hasn't listened to it. She probably never will. But
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I know those girls that did those calls, the people
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that were there, and I know that they've been tossed
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into the same bucket as us, that you get victimized
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and you're feeling like the whole world is staring at
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you and criticizing everything you say and everything you do.
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And can you imagine what these families have been through
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since 2022, waiting for this trial, waiting for all of
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this to take place? And then you have all these delays.
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You have all of this media surrounding it. Then you
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have the moron brigade showing up. talking their nonsense without
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anything to back it up. People talking about Kaylee Gonsalves'
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father being involved. Whatever kind of stupid scenario you can
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possibly come up with, you already know that some moron
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has come up with something even stupider. And as this progresses,
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I expect the idiocy to just continue to grow. And look,
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when I say idiocy, I don't mean people that have
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questions about the prosecution or the case overall. What I'm
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talking about are these fantasists coming up with all these
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scenarios that are not based in reality. I mean, I
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get it, it's great for engagement, but it still makes
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you look like an absolute moron. The judge's Thursday order
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followed his rulings on a host of other debates over
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certain evidence between prosecutors and Kohlberger's public defense team. Last week,
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Hipler decided one of the surviving roommates may testify to
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having seen a man in the student's rental home with
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what she described as bushy eyebrows, which the defense argued
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to prevent. The decision on the 911 call was one
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of the last Hippler to make following an all-day hearing
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earlier this month on various evidence issues. On Thursday, he
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also ruled against the defense effort to limit testimony from
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the majority of the prosecution's 25 disclosed expert witnesses, as
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well as against a push to strike the death penalty
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because Kohlberger's autism spectrum disorder diagnosis. And that gambit was
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doomed from the very beginning. There was no way that
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the judge was going to change precedent of what a
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mental disorder is and side with the defense here when
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their client, Brian Koberger, has been diagnosed with level one autism.
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We're not talking about somebody that's nonverbal. We're not talking
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about somebody that doesn't know what they're doing. We're talking
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about somebody that obviously has enough upstairs that he was
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able to reach the level of a PhD candidate. That's
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not an easy task. That takes a lot of work,
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a lot of, you know, dedication. So if he's mentally
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capable of that, and he's mentally capable of pursuing those goals,
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then he should be held to the same standard as
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anybody else who is accused of committing these horrible murders.
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And of course, that's if he's convicted. We still haven't
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gotten there yet. And as we all know, things can
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change in a minute when it comes to these kinds
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of cases. We have no idea how the jury is
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going to react to any of these narratives. You know,
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there's just a lot of wild cards. But one thing's
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for sure. There's no way that Brian Koberger's autism diagnosis
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should preclude the death penalty. There's no basis to exclude
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or limit the detective's disclosed testimony. Hipler wrote about three
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members of law enforcement with backgrounds in digital forensics. It's
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clear that they will be testifying to the facts of
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their investigation, not providing traditional expert opinions. Kohlberger is next
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scheduled to appear in court for a pretrial hearing on
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May 15th. His trial is set to begin with jury
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selection in late July. So nothing unexpected here when it
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comes to the rulings by Judge Hippler, when it comes
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to the 911 calls, and the death penalty. That was
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all expected. So we'll get the actual orders added to
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the catalog over the weekend as we continue to make
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our way to the murder trial of Brian Kohlberger. All
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of the information that goes with this episode can be
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found in the description box. What's up everyone and welcome
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back to the program. Judge Hippler has decided that he's
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going to lift the gag order in the case of
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Brian Kohlberger before the sentencing. Now, Before people get too
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fired up about that, keep in mind that it's still
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going to take some time to get these files unsealed.
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It's not something that's going to happen overnight. But the
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good news is we're going to get these files unsealed
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and we're going to get a look at them finally
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after all these years. We've been talking about this gag
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order it feels like forever now. And to hear that
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it's going to go away and we're going to have
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more access finally, I think that's going to help us
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answer some of the questions that we all might have
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had as well, right? There's going to be a bunch
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of little details that add context that's going to give
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us some, oh, okay, we understand that moments. Because when
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it comes to a lot of the situations that we
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see up here in Moscow related to these murders, a
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lot of times we just don't have all the context.
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So we have to try and piece it together from
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the court filings. And that gave us a baseline of
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where to start, but it didn't give us all the particulars, right?
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It didn't give us all the details about the who's,
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the what's, the why's, and the when's. Well, we're going
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to get all of that now. But it's going to
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take a little bit for it to start dribbling out
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and for Judge Hippler to go through everything and to
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see what he can release right away, what has to
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be redacted or whatever, and then what has to be
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sealed forever. So in this episode, we're going to jump
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into an article from Fox News and we're going to
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get ourselves updated. Headline. Brian Kohlberger judge lifts gag order
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after Idaho killer's confession. Judge says Kohlberger's waiver of right
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of appeal doesn't mean he doesn't have a right to appeal.
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The fuck does that even mean? If you waive your
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right to appeal, you still have a right to appeal
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later on? That makes a lot of sense. Can somebody
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please explain how the justice system isn't screwed up? The
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whole entire thing from top to bottom needs to be
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revamped because it's obviously broken. A guy like Brian Kohlberger,
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who admits to four murders, should not have any appeal
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left to him. Instead, his bitch ass should be thrown
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under the prison and forgotten about. The author of this
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article is Michael Ruiz. Idaho Judge Stephen Hippler vacated the
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gag order in the Brian Kohlberger quadruple murder case at
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a hearing on Thursday. Latah County prosecuting attorney notified the
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court in a filing dated Monday that his office would
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not oppose a motion from a group of media organizations,
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including Fox News, seeking to have the order lifted in
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the wake of Kohlberger's guilty-pleased all charges. And that's the
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right way to go. Transparency is always the right way
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to go. I don't know how many times I gotta
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say it. Whenever you start hiding things, whenever things are private,
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It creates a bunch of fertile ground for the dum-dums
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to show up. You know, the alternate theory idiots. Oh,
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it was a Sasquatch. The aliens came down from planet Neptar.
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Or how about this one? It was a drug hit.
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Remember that nonsense? Oh yeah, that's exactly what was going on.
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This was retaliation over a drug debt. Nobody's walking into
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somebody's house and stabbing four people over a drug debt.
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Maybe heat of the moment. But if you have issues
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over a drug debt, You're walking in there and you're
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using a gun. You're not going to stab people. That's
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way too personal. That only happens in situations like this one,
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where you have a sick fuck like Brian Kohlberger, who
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has whatever kind of fucked up desires he has, and
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he goes and plays out his fantasy. But all those
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theories that popped up at first were just dumb as hell.
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And we talked about them then. And the fantasists and
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role players, all they do is just change out their
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theories whenever one's proven wrong. All right, moving on to
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the next one. Okay, that one's wrong. What does the
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TikTok psychic have to say? So now with the gag
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order being removed, we should be able to get to
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the bottom of a lot of that BS, right? A
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lot of the nonsense that was being pitched, a lot
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of the rumors, and a lot of the innuendo. And
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hopefully when all is said and done, we can piece
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together as much of the story as possible. I don't
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think we're ever going to know the motive unless Brian
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Koberger comes out and talks about it. But I think
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that there's enough here where we can speculate and speculate strongly.
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And I think that when the gag order is completely
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lifted and we have all the information, I think we're
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going to be a lot closer to getting a full
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account of what the truth is. The intent of the
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order was to ensure Koberger's right to a fair trial,
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according to court filings. Now that he has admitted to
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the slayings of Madison Mogan, 21, Kelly Gonsalves, 21, Zanarkar Nodal, 20,
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and Ethan Chapin, 20, Attorneys for the media argued that
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the gag is pointless, and it is. And I think
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the gag order in general has been way too overbroad
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from the very beginning of all of this, and for
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the reasons I stated previously. Hippler agreed, but he said
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that lifting the gag order would not automatically unseal court documents.
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Those would be made public in batches, he said, upon
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review by the court. And that's pretty typical. It's going
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to take some time for them to go through all
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the court documents. and figure out what to release, how
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to release it, if redactions are needed, if witnesses' names
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are on there, you know, that kind of stuff. And
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the process was very similar when we were getting the
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Virginia Roberts, Ghislaine Maxwell documents released from their lawsuit. It
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took a lot of time. It was a rolling basis.
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So we'd get one tranche of documents dumped, and then
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later on another tranche would come, etc., etc., until all
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of the documents that were part of the dump were released.
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So I expect something similar here. where we get these
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dumps on a rolling basis, where we get multiple documents
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at once, and then the next batch, it keeps it going.
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So I think that's what we're going to see, but
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maybe Judge Hippler does things a different way. And considering
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this is a state case, there's going to be different
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parameters and different guidelines for the release of this information.
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So we'll have to just stand by and see how
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it all ends up getting dumped. But I think we're
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going to see it all eventually. At some point, we're
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going to have all these documents. And then I think
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we'll have finally an HD view of what happened. Because
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we've been piecing things together from the very beginning, speculating
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about this, speculating about that, and using the court documents
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as our guide. So there's been a lot of those
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documents that have hit the docket where they've been sealed.
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And I've been like, man, I really wish we knew
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what was in that bad boy. So I think moving forward,
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it's going to really be a plus. And once all
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the documents are out, it's going to give us that
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HD view that we've been missing for so long. He
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said that he would go in reverse chronological order, starting
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with documents he was most familiar with and moving back
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in time. The case did not arrive in his courtroom
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until another judge granted a change of venue in September.
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And the previous judge was John Judge. And before that,
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it was Megan Marshall. In another twist, Hippler also said
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that although Koberger's plea deal requires him to waive his
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right to appeal, that doesn't mean he doesn't have the
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right to appeal under a U.S. Supreme Court decision in
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Garza v. Idaho. Now, I recognize the plea agreement includes
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a waiver of the right to appeal, he said, but
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as the parties probably know, the U.S. Supreme Court in
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Garza v. Idaho has indicated the fact that a defendant
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waives the right to appeal doesn't mean they don't have
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the right to appeal. And so it may affect the
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outcome of that appeal and it may affect the underlying
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case and the plea agreement. So what's the point? Why
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even add that in the language? So dumb. There's no
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need to make shit difficult. Either he can appeal or
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he can't. Just be honest with people. Because what happens
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is now you have people saying, oh, well, Brian Kohlberger
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is going to appeal this and he's going to beat it. No,
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he's not. He might appeal it, but good luck. Good
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luck beating this one, buddy. You certainly aren't beating it
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on the facts. Now if there's some kind of prosecutorial issue,
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or some sort of issue that pops up later on,
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then who knows, maybe. But as of right now, how
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things stand, what we know, zero chance. Prosecutors initially requested
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the order remain in place until after Kohlberger's sentencing is
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made official next week, but they reversed course upon further
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reflection according to their latest filing. The defense opposed lifting
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it early. Now that the defendant has pleaded guilty as
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charged to all five counts of the indictment, his right
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to a fair trial on the issue of guilt is
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no longer at issue, Thompson wrote. Nevertheless, out of respect
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for the integrity of the judicial process and the privacy
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of the victims and their families as they consider their
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rights to provide victim impact statements at sentencing, the prosecution
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team does not intend to make any public statements about
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the case until after sentencing has concluded. Of course, Bill
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Thompson make a statement Yo, I've said from the very
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beginning that the communication in Moscow when it comes to
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the investigation has been lacking. It has been bad. It
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started out bad and it remained bad. Now the investigation itself,
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what was going on behind the scenes, obviously, they did
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a good job. But the communication, holy hell was it bad.
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Especially in the beginning. These guys were getting up there
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and shooting themselves in the foot with all kinds of
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dumb comments. But now that the gag order is lifted...
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I think that it's time for Bill Thompson and people
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in the DA's office to answer some questions. A hearing
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on the motion is scheduled in Boise for 1230 p.m.
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Eastern Time, 1030 a.m. Mountain Time. His sentencing is set
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for July 23rd. He's expected to receive the maximum penalty
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under the terms of the plea deal, four consecutive terms
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of life in prison without parole, plus another 10 years.
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He also waived his right to appeal and to seek
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sentence reduction. Kohlberger snuck into an off-campus house at 1122
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King Road around 4 a.m. on November 13, 2022, and
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killed all four students with a K-bar knife, according to
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the prosecutors. He started in an upstairs bedroom where he
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killed Mogan and Gonsalves. Kernodle was awake on the main
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floor and he killed her on the way out. Then
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he turned the knife on Chapin, who was asleep in
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her bedroom. Imagine how evil you have to be to
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do this. I mean, it's next-level evil. Creeping into somebody's
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house and murdering them while they're sleeping? The ultimate bitch move.
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But I guess we shouldn't expect anything different from bitch
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boy Brian Kohlberger, huh? He walked within three feet of
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another roommate, who he did not attack, and then left. Separately,
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a lawyer for the Media Coalition filed a motion... asking
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the court to unseal nearly 250 documents in the case.
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All right, so there's where we stand. And like usual,
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we're going to keep an eye on things as they
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continue to develop. And when we have new information, we'll
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get it added to the catalog. As for this one, well,
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that's going to do it. All of the information that
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goes with this episode can be found in the description box.
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What's up, everyone, and welcome back to the program. Judge
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Hippler made several rulings on Friday. that have to do
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with the motions that were argued at the hearing for
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Brian Kohlberger that recently took place on April 8th and 9th.
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And in this episode, we're going to take a look
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at the first order that hit the docket, and this
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order has to do with Brian Kohlberger's make and model
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of the vehicle. Case number, CR01-24-31665. State of Idaho plaintiff
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versus Brian C. Kohlberger, the defendant. Order on defendant's motion
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in limine, make and model of suspect vehicle. Introduction. In
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the early morning hours of November 13th, 2022, surveillance videos
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from various locations near the crime scene pick up footage
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of what law enforcement believed to be the same vehicle
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as suspect vehicle 1, the white sedan that was seen
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arrive at and then depart from the area of 1122
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King Road at the time of the homicides. From one
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such video, law enforcement determined the vehicle was a 2011-2016
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Hyundai Elantra. Defendant seeks an order precluding the state from
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referring to the vehicle depicted on the various surveillance videos
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as the same vehicle, i.e. suspect vehicle 1, and from
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asserting that suspect vehicle 1 is a 2014-2016 Hyundai Elantra.
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He argues that these are speculative conclusions that invade the
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province of the jury and The state responds that it
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intends to elicit expert testimony establishing the vehicles are the
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same and such testimony will be neither speculative nor otherwise improper.
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Oral argument on the motion was held on April 9, 2025,
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after which the court took the matter under advisement. The
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court finds that the state may present expert opinion that
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the vehicle depicted in the video are the same vehicle
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as the suspect vehicle 1, as well as the make
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and model thereof. 2. Standard The admissibility of expert opinion
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testimony is discretionary. State v. Almeres 154, Idaho 584, 590-301, P. 3D 242, 248-2013.
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The trial court must 1. Correctly perceive the issue as
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one of discretion, 2. Act within the boundaries of such discretion, 3.
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Act consistently with any legal standards applicable to the specific
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choices before it, and 4. Reach its decision by an
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exercise of reason. To the Facts Following the homicides, law
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enforcement gathered video surveillance from various locations surrounding the crime scene,
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including video from 1122 King Road, a residence immediately to
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the northwest of the crime scene. That video footage showed
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a white sedan, suspect vehicle 1, enter the King Road
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neighborhood at around 4.04 a.m. and then depart from the
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area at a high rate of speed at 4.20 a.m.
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The same footage showed what law enforcement believed to be
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the same vehicle make three initial passes by the crime
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scene in the 30 minutes before its 4.04 a.m. entry.
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Surveillance videos from five other locations within. 6 miles of
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the crime scene also captured what law enforcement believed to
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00:26:00.930 --> 00:26:04.069
be suspect vehicle 1 in the hour preceding the crime.
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Based on the direction of travel and timestamps for these videos,
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investigators map what they believe to be suspect vehicle 1's
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route of travel. One of the surveillance videos relied upon
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by law enforcement was from a camera located at 1125
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Ridge Road. Video footage captured at 4 a.m. from this
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camera provided a clear view of the white sedan depicted therein,
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which law enforcement believed shared similar class characteristics to a
469
00:26:31.099 --> 00:26:37.710
2014-2016 Hyundai Elantra. While there is no continuous footage Showing
470
00:26:37.730 --> 00:26:40.349
the vehicle identified in the Ridge Road footage traveling to
471
00:26:40.369 --> 00:26:43.710
the crime scene, the Ridge Road camera was located. 3
472
00:26:43.710 --> 00:26:46.779
miles down the road from the crime scene. From this
473
00:26:46.799 --> 00:26:50.420
collective evidence, investigators believe the vehicle seen on Ridge Road
474
00:26:50.440 --> 00:26:55.119
footage at 4.01 a.m. was suspect Vehicle 1, captured on
475
00:26:55.140 --> 00:26:59.700
the 1122 King Road footage at 4.04 a.m. The Analysis
476
00:27:00.269 --> 00:27:03.250
Based on the lack of continuous footage showing the vehicle's capture,
477
00:27:03.720 --> 00:27:06.359
In the various surveillance videos traveling to the crime scene
478
00:27:06.680 --> 00:27:10.180
at 4.04 a.m., defendant argues it would be improper for
479
00:27:10.220 --> 00:27:14.500
the state to identify those vehicles as suspect vehicle 1
480
00:27:14.500 --> 00:27:20.690
or otherwise identify suspect vehicle 1 as a 2014-2016 Hyundai Elantra.
481
00:27:21.049 --> 00:27:24.210
He argues that any such testimony is speculative and therefore
482
00:27:24.269 --> 00:27:28.329
not relevant, unfairly prejudicial, and invades the province of the jury.
483
00:27:29.170 --> 00:27:31.809
The state responds that the testimony is based on logical,
484
00:27:31.990 --> 00:27:36.059
educated inferences. drawn by law enforcement from the surveillance videos.
485
00:27:37.079 --> 00:27:39.539
It adds that the testimony does not invade the province
486
00:27:39.599 --> 00:27:42.660
of the jury and is highly relevant to determine whether
487
00:27:42.700 --> 00:27:46.750
the vehicle captured at 4.04 a.m. on the 11-12 King
488
00:27:46.789 --> 00:27:51.329
Road camera was the defendant's vehicle. To the extent defendant
489
00:27:51.410 --> 00:27:54.410
is attempting to prohibit the state from arguing or asserting
490
00:27:55.009 --> 00:27:57.769
as fact that the vehicles are the same or that
491
00:27:57.829 --> 00:28:02.549
suspect vehicle 1 is a 2014-2016 Hyundai Elantra vehicle, he
492
00:28:02.609 --> 00:28:06.250
is correct that it would be speculative and improper without
493
00:28:06.309 --> 00:28:10.480
expert testimony to provide a basis to make this contention. However,
494
00:28:10.880 --> 00:28:13.859
this prescription does not prevent the state from eliciting such
495
00:28:13.920 --> 00:28:17.599
opinions from law enforcement and asserting that this is an
496
00:28:17.660 --> 00:28:21.869
allegation during the trial based on that testimony. An opinion
497
00:28:21.920 --> 00:28:24.630
is speculative when it theorizes about a matter as to
498
00:28:24.690 --> 00:28:27.950
which evidence is not sufficient for a certain knowledge and
499
00:28:27.990 --> 00:28:38.769
suggests only possibilities. State v. Caliz-Batista 162, Idaho, 833, 836, 405, P. 3D, 618, 621, 2017. Here,
500
00:28:39.650 --> 00:28:43.950
law enforcement's opinion that the vehicle captured on the Ridge
501
00:28:43.990 --> 00:28:48.089
Road camera at 4.01 a.m. is suspect vehicle 1 captured
502
00:28:48.150 --> 00:28:51.890
at 4.04 a.m. on the 11-12 King Road footage is
503
00:28:51.930 --> 00:28:56.319
not based on unsupported theories or possibilities. Rather, the opinion
504
00:28:56.380 --> 00:29:00.279
is based on the investigator's training and experience and educated
505
00:29:00.319 --> 00:29:04.329
inferences drawn from the review of surveillance footage from six
506
00:29:04.369 --> 00:29:07.509
locations within a mile of the crime scene during the
507
00:29:07.589 --> 00:29:11.289
hour preceding the crime. From this evidence, the investigators were
508
00:29:11.329 --> 00:29:14.069
able to map what they believed was the suspect vehicle's
509
00:29:14.130 --> 00:29:17.380
route of travel preceding the crime, as well as identify
510
00:29:17.410 --> 00:29:21.160
its make and model. Defendant ignores this collection of evidence
511
00:29:21.200 --> 00:29:25.279
and focuses instead on solely two points of reference. However,
512
00:29:25.339 --> 00:29:28.279
the investigators had multiple data points from which they could
513
00:29:28.359 --> 00:29:32.490
reasonably infer that the vehicle seen on Ridge Road at 4.01am
514
00:29:32.829 --> 00:29:36.170
was the same vehicle that had been seen driving throughout
515
00:29:36.190 --> 00:29:39.109
the area in the preceding hour, including the three passes
516
00:29:39.150 --> 00:29:41.839
by the crime scene. Further, based on the direction of
517
00:29:41.900 --> 00:29:44.799
travel of the Ridge Road vehicle and the distance from
518
00:29:44.819 --> 00:29:49.099
the location respective to 1112 King Road, it is likewise
519
00:29:49.160 --> 00:29:53.390
reasonable to infer, notwithstanding the lack of continuous footage, that
520
00:29:53.430 --> 00:29:57.170
it continued traveling along Ridge Road until it reached King Road.
521
00:29:58.160 --> 00:30:01.460
Such opinion testimony would not usurp the jury's role. As
522
00:30:01.539 --> 00:30:04.339
fact finder, the jury is tasked with determining whether a
523
00:30:04.380 --> 00:30:08.099
defendant committed the alleged crimes. The state asserts that the
524
00:30:08.140 --> 00:30:11.859
perpetrator drove suspect vehicle 1 and based on the totality
525
00:30:11.880 --> 00:30:16.440
of evidence that it was defendant's Hyundai Elantra. the investigator's
526
00:30:16.529 --> 00:30:20.450
observation and inferences about the route of travel of the vehicle,
527
00:30:20.829 --> 00:30:24.630
its make and model, whether the Ridge Road footage from 4.01 a.m.
528
00:30:24.890 --> 00:30:27.390
and the King Road footage from 4.04 a.m. depict the
529
00:30:27.430 --> 00:30:31.059
same vehicle, and whether the depictions where all the perpetrator's
530
00:30:31.079 --> 00:30:35.319
vehicle are relevant to this determination. The jury is free
531
00:30:35.339 --> 00:30:38.740
to weigh this evidence and the investigator's testimony against that
532
00:30:38.819 --> 00:30:42.140
offered by defendant and decide for itself what the surveillance
533
00:30:42.240 --> 00:30:46.109
videos depict and whether it supports its ultimate conclusion bearing
534
00:30:46.170 --> 00:30:51.420
on defendant's guilt. Finally, defendant's only articulated basis for excluding
535
00:30:51.460 --> 00:30:55.099
the testimony IRE 403 is that it would be prejudicial
536
00:30:55.420 --> 00:30:59.309
due to its speculative nature. Because the court has found otherwise,
537
00:30:59.349 --> 00:31:03.450
there is no basis for its exclusion under IRE 403,
538
00:31:03.450 --> 00:31:06.849
as its relevance is substantially outweighed by the factors with
539
00:31:06.990 --> 00:31:11.539
which Rule 403 is concerned. Order based on the foregoing
540
00:31:11.579 --> 00:31:15.140
defendant's motion in limine, make and model of suspect vehicle,
541
00:31:15.529 --> 00:31:20.109
is denied. This document was signed by Judge Hippler and
542
00:31:20.150 --> 00:31:24.109
it was dated April 17th of 2025. All of the
543
00:31:24.150 --> 00:31:27.410
information that goes with this episode can be found in
544
00:31:27.450 --> 00:31:30.390
the description box. What's up everyone and welcome back to
545
00:31:30.410 --> 00:31:34.220
the program. Last week, Brian Kohlberger had an appearance before
546
00:31:34.259 --> 00:31:36.359
the court and there was a lot of people out
547
00:31:36.400 --> 00:31:39.240
there that had a lot of things to say about
548
00:31:39.559 --> 00:31:42.099
about the fact that it was not being broadcast to
549
00:31:42.119 --> 00:31:45.619
the public. Well, the judge has now ordered that the
550
00:31:45.660 --> 00:31:49.230
transcript from that hearing be made public. And if you remember,
551
00:31:49.289 --> 00:31:51.349
there was a lot of people last week screaming and
552
00:31:51.390 --> 00:31:54.650
yelling and crying, saying that Brian Kohlberger was getting absolutely
553
00:31:54.710 --> 00:31:58.839
railroaded because we weren't having access to that hearing. Well,
554
00:31:58.859 --> 00:32:00.779
if you go back and you look at the court documents,
555
00:32:01.259 --> 00:32:06.400
Brian Kohlberger has argued against camera access multiple times. Multiple times.
556
00:32:06.769 --> 00:32:09.170
So I urge people out there that are thinking that
557
00:32:09.210 --> 00:32:13.220
Brian Koberger is not getting a fair shake because certain
558
00:32:13.259 --> 00:32:16.240
portions might be sealed to go back and do the
559
00:32:16.279 --> 00:32:19.539
legwork and take a look at the multiple motions that
560
00:32:19.559 --> 00:32:23.119
were filed by Koberger in support of the gag order.
561
00:32:23.619 --> 00:32:25.789
But all of a sudden, because he feels like something
562
00:32:25.809 --> 00:32:28.549
might fit the narrative that is favorable to him, he
563
00:32:28.589 --> 00:32:30.950
wants to do away with it and he wants everything
564
00:32:31.009 --> 00:32:33.710
out in the public. Cool. I would call him on
565
00:32:33.730 --> 00:32:36.630
that if I was the prosecution. And I would motion
566
00:32:36.849 --> 00:32:39.710
to get the gag order lifted. Because if you want
567
00:32:39.750 --> 00:32:41.910
everything out there, let's get it all out in public.
568
00:32:42.109 --> 00:32:44.410
Let's get it all transparent and all of it out
569
00:32:44.430 --> 00:32:47.710
there for public consumption. That's what you want, right? Isn't
570
00:32:47.730 --> 00:32:50.809
that what you're arguing here? Or is it only when
571
00:32:50.849 --> 00:32:54.019
it fits your narrative? Because you can't pick and choose
572
00:32:54.059 --> 00:32:58.160
what the gag order is going to gag. It's dropped
573
00:32:58.220 --> 00:33:00.720
over the whole ass case. You can't decide that something's
574
00:33:00.759 --> 00:33:02.880
favorable to you. So you want it out in the public.
575
00:33:03.390 --> 00:33:05.569
And Dan Taylor is aware of this. So what she
576
00:33:05.589 --> 00:33:08.359
has done is she's tried to cause some confusion and
577
00:33:08.380 --> 00:33:10.940
build a narrative with the filings that she's made. And
578
00:33:10.960 --> 00:33:13.640
she's done a good job. Oh, believe me, there's plenty
579
00:33:13.660 --> 00:33:15.519
of people out there that want to suck it up.
580
00:33:15.880 --> 00:33:18.660
Plenty of people out there that'll have all their listeners
581
00:33:18.720 --> 00:33:23.730
and viewers gassed up on some bullshit. Constantly. Daily. I
582
00:33:23.750 --> 00:33:25.990
can't tell you how many times I see these big
583
00:33:26.029 --> 00:33:32.410
account follower Twitter accounts talking bullshit, especially about Epstein. Remember
584
00:33:32.450 --> 00:33:34.490
all these people that told you about a list, okay?
585
00:33:34.819 --> 00:33:36.839
And then when the Jeffrey Epstein list doesn't come out,
586
00:33:37.359 --> 00:33:39.920
remember who told you that no list existed. Because I
587
00:33:39.940 --> 00:33:42.359
don't have time for bullshit around here. I'm not going
588
00:33:42.380 --> 00:33:45.140
to sit here and just fire off salacious nonsense and
589
00:33:45.200 --> 00:33:47.930
talk bullshit to you. Everybody has a lot going on
590
00:33:47.950 --> 00:33:50.150
in their lives. That's why we keep things straight to
591
00:33:50.190 --> 00:33:52.569
the point here and get down to business. You don't
592
00:33:52.589 --> 00:33:55.109
need to hear me whinging, talking about a bunch of bullshit.
593
00:33:55.970 --> 00:33:58.450
What you're here for is the information. So I'm going
594
00:33:58.470 --> 00:34:00.279
to give you that to the best of my ability.
595
00:34:00.599 --> 00:34:02.279
And then what you folks do with that after you
596
00:34:02.299 --> 00:34:05.500
process it is up to you. I'm not here to
597
00:34:05.539 --> 00:34:08.099
school anybody on shit. I'm here to open some doors.
598
00:34:08.519 --> 00:34:10.429
And if you decide to walk through those doors, great.
599
00:34:10.849 --> 00:34:13.230
If not, hey, I hope you find whatever it is
600
00:34:13.269 --> 00:34:16.409
that you're looking for. But these people out here that
601
00:34:16.449 --> 00:34:19.079
have to make themselves the main character and think that
602
00:34:19.119 --> 00:34:21.769
they've found some kind of you know, information that's going
603
00:34:21.789 --> 00:34:24.829
to break the case wide open, well, you're wrong. Brian
604
00:34:24.849 --> 00:34:27.869
Koberger is not getting a raw deal. And anybody telling
605
00:34:27.889 --> 00:34:30.409
you that he is has no idea what they're watching
606
00:34:30.789 --> 00:34:33.010
or talking about. I mean, has the guy had a
607
00:34:33.070 --> 00:34:35.730
motion go against him? Has there been a big motion
608
00:34:35.750 --> 00:34:38.349
go against Brian Koberger as of yet? I don't think so.
609
00:34:38.590 --> 00:34:43.409
Maybe the death penalty? Venue changes, this, that, the other thing. Lafengul,
610
00:34:43.730 --> 00:34:46.090
you want railroaded? Go take a look at what happened
611
00:34:46.340 --> 00:34:48.570
to Kalief Browder. I don't know how many times I
612
00:34:48.610 --> 00:34:51.679
got to bring that up, but where was everybody then? Oh,
613
00:34:51.699 --> 00:34:54.099
that's right. There was no grifting to be had, right?
614
00:34:54.400 --> 00:34:56.400
No way to make a buck. So nobody had anything
615
00:34:56.440 --> 00:35:00.199
to say about Kalief Browder. Today's article is from Fox
616
00:35:00.239 --> 00:35:04.469
News and the headline, Brian Koberger case. Idaho judge to
617
00:35:04.530 --> 00:35:08.730
unseal transcript of closed door hearing. Brian Koberger returned to
618
00:35:08.769 --> 00:35:11.389
a Boise courtroom for hours on Thursday for a hearing
619
00:35:11.710 --> 00:35:15.639
held behind closed doors. This article was authored by Michael Ruiz.
620
00:35:16.590 --> 00:35:19.449
Oh no, a closed door hearing. Brian Koberger must be
621
00:35:19.469 --> 00:35:25.110
getting screwed. The Idaho judge overseeing the case against student
622
00:35:25.139 --> 00:35:30.179
murder suspect Brian Koberger has announced that he will release
623
00:35:30.300 --> 00:35:33.539
the redacted transcript from a closed door hearing held last week,
624
00:35:33.940 --> 00:35:36.139
which he had initially barred to the public and the
625
00:35:36.179 --> 00:35:39.949
media from attending. Speaking of that order, I happen to
626
00:35:39.989 --> 00:35:42.010
have it right here, so why don't we take a
627
00:35:42.030 --> 00:35:47.909
quick look at it. Order regarding January 23rd, 2025 hearing transcript.
628
00:35:48.610 --> 00:35:51.300
The court reporter assigned to the hearing in this matter
629
00:35:51.380 --> 00:35:55.699
on January 23rd, 2025 shall prepare a verbatim transcript of
630
00:35:55.739 --> 00:35:58.000
the portion of the hearing that was closed to the public.
631
00:35:58.599 --> 00:36:01.699
Upon completion of the transcript, the parties will have 14
632
00:36:01.699 --> 00:36:04.880
days to identify those portions of the transcript that should
633
00:36:04.920 --> 00:36:09.710
be redacted from public disclosure, providing a basis for the same. Thereafter,
634
00:36:09.769 --> 00:36:12.530
the court will release to the public a redacted transcript
635
00:36:12.789 --> 00:36:17.090
of the previously closed portion of the hearing. Signed, Judge Hippler. Dated,
636
00:36:17.429 --> 00:36:21.440
January 27th, 2025. Kind of throws a bunch of cold
637
00:36:21.480 --> 00:36:24.219
water on the whole narrative that they're trying to be secretive, right?
638
00:36:26.559 --> 00:36:28.099
There's a lot of stuff that has to go on
639
00:36:28.139 --> 00:36:30.760
in private when we're talking about these cases. A lot
640
00:36:30.780 --> 00:36:32.559
of stuff under seal, and a lot of stuff we're
641
00:36:32.579 --> 00:36:35.519
not privy to. I mean, how many documents in the
642
00:36:35.559 --> 00:36:38.099
Diddy case have been filed under seal? And it's amazing
643
00:36:38.139 --> 00:36:40.179
to me that people act like this is their first rodeo.
644
00:36:41.030 --> 00:36:43.090
And what's even more amazing is that people fall for
645
00:36:43.119 --> 00:36:46.030
the bullshit over and over and over again. Now look,
646
00:36:46.050 --> 00:36:47.949
I'm not saying that we're not going to see any
647
00:36:47.989 --> 00:36:50.789
kind of prosecutorial misconduct as we make our way through
648
00:36:50.849 --> 00:36:53.530
all of this. But as of now, Brian Koberger and
649
00:36:53.570 --> 00:36:56.690
his team, they're firing blanks. Alright, back to the article.
650
00:36:57.610 --> 00:37:00.670
Ada County Judge Stephen Hippler told court officials to hand
651
00:37:00.750 --> 00:37:04.030
over verbatim copies of the unredacted transcript from the sealed
652
00:37:04.050 --> 00:37:07.820
hearing on January 23rd to both the prosecution and the
653
00:37:07.860 --> 00:37:11.119
defense so they could recommend redactions. Well, I would hope
654
00:37:11.139 --> 00:37:14.230
that Brian Koberger doesn't want any redactions, right? He wants
655
00:37:14.269 --> 00:37:18.469
complete transparency. Him and his fans out there, they want transparency.
656
00:37:18.570 --> 00:37:21.389
I say give it to him. Let's get a complete
657
00:37:21.489 --> 00:37:25.190
light shined on what's going on. And if Brian Koberger
658
00:37:25.230 --> 00:37:28.110
is getting railroaded, like you say he is, well, then
659
00:37:28.150 --> 00:37:30.639
we'll know. And if he is, you better believe I'll
660
00:37:30.679 --> 00:37:33.340
have something to say about that. Because if you think
661
00:37:33.400 --> 00:37:36.489
that I'm somebody who supports the government, You're out of
662
00:37:36.530 --> 00:37:39.489
your mind. What I do support, however, is strong evidence.
663
00:37:40.530 --> 00:37:43.380
So whenever strong evidence is provided, well, that's what we
664
00:37:43.409 --> 00:37:46.760
have to go on, right? You can go on, trust me, bro.
665
00:37:47.059 --> 00:37:49.280
You can go on all of your little conspiracy theories
666
00:37:49.340 --> 00:37:52.920
if you want. That's fine with me. But me, I'm
667
00:37:52.940 --> 00:37:57.340
going to follow the evidence, the actual hard evidence. And
668
00:37:57.360 --> 00:37:59.599
when there is circumstantial evidence to look at, we'll look
669
00:37:59.639 --> 00:38:02.780
at that and process it as well. But people get
670
00:38:02.820 --> 00:38:05.059
a little too carried away. and they run with these
671
00:38:05.099 --> 00:38:08.019
narratives that just don't exist. And it's wild to me
672
00:38:08.039 --> 00:38:09.599
to think that there's a lot of people out there
673
00:38:09.880 --> 00:38:12.639
that don't give a goddamn about the family members of
674
00:38:12.679 --> 00:38:16.480
these killed kids. It's all about Brian Kohlberger, huh? Okay,
675
00:38:16.559 --> 00:38:22.619
I guess. The hearing regarded forensic, investigative, genetic genealogy, evidence
676
00:38:22.659 --> 00:38:26.070
that Kohlberger's lawyers want thrown out. Of course they do.
677
00:38:26.730 --> 00:38:29.909
That's the evidence that's gonna sink, old boy. If that
678
00:38:30.050 --> 00:38:33.909
evidence is admitted, it's game over for Brian Kohlberger. Ann
679
00:38:33.949 --> 00:38:38.210
Taylor knows it. Jay Logsdon knows it. Elisa Massoth knows it.
680
00:38:38.739 --> 00:38:41.219
I know it. And the only people that don't know it, obviously,
681
00:38:41.239 --> 00:38:43.840
are the Kohlberger fans out there. Or I guess we
682
00:38:43.860 --> 00:38:46.820
should call them Kohlberger stans. I think that's what we'll
683
00:38:46.840 --> 00:38:51.239
call them from now on. The Kohlberger stans. During a
684
00:38:51.280 --> 00:38:54.530
two-day public proceeding that followed the closed hearing last week,
685
00:38:54.769 --> 00:38:58.309
they argue that the FBI violated Kohlberger's Fourth Amendment protection
686
00:38:58.690 --> 00:39:03.320
against unreasonable searches and seizure. Oh, please. Here's an idea.
687
00:39:03.639 --> 00:39:05.599
If you don't want them to have your DNA or
688
00:39:05.639 --> 00:39:08.920
your genealogy, don't leave a knife sheath with your DNA
689
00:39:09.019 --> 00:39:11.380
on it at a crime scene. Thanks for coming to
690
00:39:11.420 --> 00:39:14.079
my TED Talk. Next thing you know, people are going
691
00:39:14.099 --> 00:39:17.159
to be out here arguing that the law enforcement couldn't
692
00:39:17.199 --> 00:39:20.610
go through Brian Kohlberger's parents' trash. Oh, you need a
693
00:39:20.630 --> 00:39:23.989
warrant for that, not understanding that there's rules of abandonment.
694
00:39:25.070 --> 00:39:27.389
I can't tell you how many people tried to argue
695
00:39:27.409 --> 00:39:30.519
that that was a constitutional violation. It is not. Once
696
00:39:30.559 --> 00:39:32.239
you throw something in your trash and put it on
697
00:39:32.260 --> 00:39:35.400
the curb, that's it. Anyone can take whatever they want.
698
00:39:35.579 --> 00:39:38.739
It's called abandonment. Now, if the trash can is on
699
00:39:38.760 --> 00:39:41.739
your property, different story. But once you put it out
700
00:39:41.800 --> 00:39:44.760
on the curb, it is free game, folks. I struggle
701
00:39:44.780 --> 00:39:47.059
with the idea that DNA left at the crime scene,
702
00:39:47.260 --> 00:39:50.760
that there's any expectation of privacy, Hipler told Kohlberger's lead
703
00:39:50.800 --> 00:39:54.969
defense attorney, Ann Taylor. That is an argument that's DOA.
704
00:39:55.530 --> 00:39:57.239
The only people that are going to agree with that
705
00:39:57.300 --> 00:40:01.670
argument are the Kohlberger stans. Because they want a narrative
706
00:40:01.690 --> 00:40:04.949
to be built that Brian Kohlberger is getting railroaded. And
707
00:40:04.989 --> 00:40:07.869
what's ironic is what's really happening is the rights of
708
00:40:07.909 --> 00:40:11.050
these family members are getting railroaded. Now they all have
709
00:40:11.070 --> 00:40:13.050
to go to a different city. They have to deal
710
00:40:13.090 --> 00:40:17.150
with all this nonsense. Meanwhile, Kohlberger's sitting pretty. Going to
711
00:40:17.190 --> 00:40:21.989
see his pastor. Coming to court without shackles on. Moving venues.
712
00:40:22.429 --> 00:40:26.440
Living his best life, right? Hippler appeared unreceptive to their
713
00:40:26.480 --> 00:40:31.239
new arguments that the IgG techniques violated Kohlberger's constitutional rights
714
00:40:31.599 --> 00:40:35.099
and questioned whether the defendant even had standing to challenge
715
00:40:35.360 --> 00:40:39.170
the investigatory tactic. He does not. I'm sorry he doesn't.
716
00:40:39.550 --> 00:40:42.909
And this is a classic example, folks, of loopholes and technicalities.
717
00:40:44.429 --> 00:40:46.610
When somebody is using this and relying on it the
718
00:40:46.650 --> 00:40:50.599
way Koberger is, well, you know how I feel about that. Now,
719
00:40:50.619 --> 00:40:52.840
of course, I haven't made my decision if he's guilty
720
00:40:52.880 --> 00:40:55.739
or innocent yet. I have to see the trial. But
721
00:40:55.820 --> 00:40:58.500
as of now, it's not looking good for Brian Koberger.
722
00:40:58.929 --> 00:41:01.889
It wasn't his DNA that was searched, Tipler said. At best,
723
00:41:02.010 --> 00:41:06.380
it was his ancestors'. Taylor argued that the FBI violated
724
00:41:06.610 --> 00:41:10.900
its own internal policy when checking IgG samples against a database.
725
00:41:11.780 --> 00:41:14.840
The judge asked prosecutors why he should allow the evidence
726
00:41:14.880 --> 00:41:17.500
to be introduced. I mean, it's not like there's precedent
727
00:41:17.539 --> 00:41:20.260
for this, right? Oh, wait, there is? Oh, that's right.
728
00:41:20.599 --> 00:41:23.269
Investigators use this kind of technique all over the country.
729
00:41:24.110 --> 00:41:27.710
This isn't something brand new. So his team here crying
730
00:41:27.750 --> 00:41:31.710
about this again. It's all red flags for me. Okay, great.
731
00:41:32.320 --> 00:41:35.880
That's fine. They went against their policy. Why was Brian
732
00:41:35.900 --> 00:41:40.119
Koberger's DNA on that sheath under Madison Mogan? Can somebody
733
00:41:40.159 --> 00:41:42.760
please explain that to me? Oh, that's right. You can
734
00:41:42.800 --> 00:41:44.550
explain it. All you can try and do is get
735
00:41:44.570 --> 00:41:46.969
the evidence thrown out. Because if they could explain it,
736
00:41:47.210 --> 00:41:49.969
believe me, they would have already. They countered that there's
737
00:41:50.030 --> 00:41:53.250
no expectation of privacy in connection with public records and
738
00:41:53.289 --> 00:41:56.969
crime scene evidence. And Idaho Deputy Attorney General Jeff Nye
739
00:41:57.230 --> 00:42:00.230
told the court that the FBI's interim policy, Taylor questioned,
740
00:42:00.599 --> 00:42:05.159
does not impose any legal limitations on otherwise lawful investigative
741
00:42:05.559 --> 00:42:09.820
or prosecutorial activities. Your boy Brian Koberger is going to
742
00:42:09.860 --> 00:42:11.820
lose this motion. He's not going to be able to
743
00:42:11.880 --> 00:42:14.579
do anything about this IGG, and he's going to have
744
00:42:14.619 --> 00:42:19.409
to explain himself to the jurors. Much of the IGG
745
00:42:19.449 --> 00:42:22.110
process has been sealed by the court, and the unredacted
746
00:42:22.150 --> 00:42:25.389
transcript could give new details about how the investigator pieced
747
00:42:25.429 --> 00:42:28.329
together the case in the weeks following the murders and
748
00:42:28.369 --> 00:42:32.360
tracked Koberger to his parents' house in the Pennsylvanian Pocono Mountains.
749
00:42:33.610 --> 00:42:35.750
Ahead of the hearing, the defense asked for the proceeding
750
00:42:35.769 --> 00:42:38.329
to be public and a briefing on the matter be unsealed,
751
00:42:38.590 --> 00:42:42.010
but Hippler denied the request. And for all these people
752
00:42:42.070 --> 00:42:44.110
out here who just started following the case or whatever,
753
00:42:44.130 --> 00:42:47.070
or haven't done the legwork to read the court documents,
754
00:42:47.530 --> 00:42:49.500
go back and do that. See how many times Brian
755
00:42:49.519 --> 00:42:53.119
Kohlberger's team has challenged people for trying to get the
756
00:42:53.139 --> 00:42:56.519
gag order lifted. But now the narrative's being built, so
757
00:42:56.619 --> 00:43:00.929
let's get on board, huh? Sorry, not gonna work. I
758
00:43:00.969 --> 00:43:04.110
can't imagine that there really isn't eye-opening information contained in
759
00:43:04.130 --> 00:43:08.309
the transcript, said Eldwina Elcox, a Boise-based defense attorney who
760
00:43:08.369 --> 00:43:11.239
is closely following the case. I think that we will
761
00:43:11.280 --> 00:43:13.760
learn what the state has been fighting so hard to
762
00:43:13.820 --> 00:43:17.659
keep from the defense and the public. Oh, another defense attorney, huh?
763
00:43:17.699 --> 00:43:19.980
That's on the side of the defense. Who would have guessed?
764
00:43:20.960 --> 00:43:23.889
They're keeping evidence away from the public and from Brian
765
00:43:23.909 --> 00:43:27.989
Koberger's team that's going to be admitted at trial. And
766
00:43:28.030 --> 00:43:31.840
speaking of secrets... Has Brian Koberger given anybody a real
767
00:43:32.000 --> 00:43:34.840
alibi yet? Or was he out moon gazing still? Oh,
768
00:43:34.860 --> 00:43:37.659
that's right, moon gazing. Nah, shut up if you don't
769
00:43:37.679 --> 00:43:40.659
believe his alibi. Just trust me, bro. I mean, come on.
770
00:43:41.099 --> 00:43:43.019
Take a look at the evidence here, give your head
771
00:43:43.059 --> 00:43:46.780
a shake, and come back to reality, please. Koberger is
772
00:43:46.820 --> 00:43:49.590
scheduled for trial later this year in the home invasion
773
00:43:49.610 --> 00:43:54.170
murders of Madison Mogan, Kaylee Gonsalves, Zanna Kernodle, and Ethan Chapin.
774
00:43:55.050 --> 00:43:59.360
The attack took place around 4 a.m. on November 13th, 2022.
775
00:43:59.360 --> 00:44:02.199
as all four were inside an off-campus house near the
776
00:44:02.260 --> 00:44:06.000
University of Idaho. Kohlberger at the time was a Ph.D.
777
00:44:06.039 --> 00:44:09.690
student studying criminology at Washington State University, which is just
778
00:44:09.690 --> 00:44:12.650
10 miles away from the crime scene. The defense is
779
00:44:12.690 --> 00:44:15.750
still awaiting Hipler's decision on whether to grant a Franks hearing,
780
00:44:16.050 --> 00:44:18.210
in which they hope to have warrants in the case
781
00:44:18.230 --> 00:44:22.079
thrown out. Experts say such hearings are rarely granted, and
782
00:44:22.139 --> 00:44:27.969
even more, rarely successful. Loopholes and Technicalities Get back at
783
00:44:27.989 --> 00:44:31.079
me when Brian Koberger has something of substance. He doesn't
784
00:44:31.119 --> 00:44:33.659
have anything to go on. All he has is, oh,
785
00:44:34.000 --> 00:44:37.219
I'm being treated unfairly. But the facts are telling us
786
00:44:37.260 --> 00:44:42.179
something different. Now, if there was some sort of prosecutorial
787
00:44:42.219 --> 00:44:45.869
misconduct with collecting of evidence, then that evidence should be tossed.
788
00:44:46.730 --> 00:44:49.389
But so far, we haven't seen that. So the defense
789
00:44:49.429 --> 00:44:53.110
can weave whatever sort of fanciful tale that they want,
790
00:44:53.590 --> 00:44:56.150
but the facts are none of the evidence is backing
791
00:44:56.309 --> 00:44:59.889
up what they're asserting. So, like usual, we'll continue to
792
00:44:59.929 --> 00:45:03.079
follow along, and when we have some more information to share,
793
00:45:03.300 --> 00:45:06.420
we'll get it added to the catalog. All of the
794
00:45:06.460 --> 00:45:09.469
information that goes with this episode can be found in
795
00:45:09.489 --> 00:45:10.250
the description box.