1 00:00:00,240 --> 00:00:04,160 Speaker 1: What's up everyone, and welcome back to the program. So 2 00:00:04,320 --> 00:00:08,199 Brian Colberger's legal team is taking the position that the 3 00:00:08,320 --> 00:00:12,439 DNA evidence found on the knife sheath and elsewhere was 4 00:00:12,560 --> 00:00:16,280 planted by the police. So, if I'm following along correctly, 5 00:00:16,519 --> 00:00:21,199 this guy's grand strategy is the OJ strategy. Somebody planted this. 6 00:00:21,679 --> 00:00:24,120 Mark Furman was here and he was hanging out with 7 00:00:24,160 --> 00:00:27,000 the evidence and decided to plant the glove. What does 8 00:00:27,039 --> 00:00:29,640 that even mean? Do they really think that that's going 9 00:00:29,640 --> 00:00:32,359 to work out for them? Because from my perspective, what 10 00:00:32,359 --> 00:00:35,840 we're seeing here is a whole replay of Lori Valo 11 00:00:36,240 --> 00:00:39,359 and her defense. When all said and done, it's going 12 00:00:39,439 --> 00:00:41,560 to come down to the truth. It's going to come 13 00:00:41,600 --> 00:00:44,960 down to the evidence that has been collected and all 14 00:00:45,000 --> 00:00:49,159 of these wild assertions about evidence being planted and all 15 00:00:49,240 --> 00:00:51,920 of the rest of the nonsense that you see people 16 00:00:52,000 --> 00:00:55,799 like Coburger get up to. When the evidence is piled 17 00:00:55,799 --> 00:00:59,039 a mile high against them. How many times do you 18 00:00:59,039 --> 00:01:01,880 see it pan out? How many times do you see 19 00:01:02,079 --> 00:01:04,519 one of these claims by a lawyer turn out to 20 00:01:04,519 --> 00:01:07,480 be the truth. Now, don't get me wrong, there's dirty 21 00:01:07,519 --> 00:01:11,319 cops out there, and anything is possible until we see 22 00:01:11,319 --> 00:01:13,719 all the evidence. I won't just say out of hand, 23 00:01:13,799 --> 00:01:17,040 oh no, it didn't happen, But the likelihood of their 24 00:01:17,120 --> 00:01:21,480 being planted DNA evidence, in my opinion anyway, is slim 25 00:01:21,519 --> 00:01:23,560 to none. I mean, wouldn't they have to be in 26 00:01:23,599 --> 00:01:27,200 possession of Brian Colberger's DNA in the first place to 27 00:01:27,280 --> 00:01:30,120 plant it? And where would they get that DNA from? 28 00:01:30,400 --> 00:01:33,359 How would they even know who Brian Colberger is? So 29 00:01:33,439 --> 00:01:37,799 he's just some fall guy for who today's article is 30 00:01:37,840 --> 00:01:42,840 from Long Crime and the headline planted evidence Brian Colberger's 31 00:01:42,879 --> 00:01:48,200 potential defense revealed amid DNA battle. This article was authored 32 00:01:48,239 --> 00:01:54,120 by Eileen Holliday and a net Levy. Genetic genealogy in 33 00:01:54,239 --> 00:01:57,840 DNA which were used to identify Brian Coolberger are at 34 00:01:57,879 --> 00:02:01,799 the center of the University of Idaho or student Murder's case. 35 00:02:02,439 --> 00:02:06,480 Court documents revealed the potential defense. Coburger's team may use 36 00:02:06,519 --> 00:02:09,680 that trial to persuade the jury the accused Idaho for 37 00:02:09,879 --> 00:02:13,439 student killer is not the right guy. So it's a 38 00:02:13,479 --> 00:02:16,719 bold strategy, but it's not a strategy that's going to work. 39 00:02:16,919 --> 00:02:20,080 In my opinion. You can't just walk into a courtroom 40 00:02:20,319 --> 00:02:24,280 and talk about someone planted DNA evidence. You're gonna have 41 00:02:24,319 --> 00:02:27,439 to provide some evidence of that, right, Okay, So what 42 00:02:27,599 --> 00:02:31,080 makes you think that DNA evidence was planted? Not only 43 00:02:31,159 --> 00:02:34,919 are you asserting that someone planted evidence, but whoever that 44 00:02:35,039 --> 00:02:38,319 someone is committed a crime? So who is this person 45 00:02:38,520 --> 00:02:42,680 that you're saying committed this crime? Did the DNA evidence 46 00:02:42,759 --> 00:02:46,479 just magically get planted? No, somebody had to put it there, right, 47 00:02:46,759 --> 00:02:49,639 So who are you saying put it there? And of course, 48 00:02:49,840 --> 00:02:53,039 just like Lenn Maxwell and are open ended complaints about 49 00:02:53,039 --> 00:02:56,879 the guards, they won't say who planted the DNA evidence, 50 00:02:57,159 --> 00:03:00,120 only that it was planted. They'll just infer that to 51 00:03:00,159 --> 00:03:04,919 try and change the narrative technicalities and loopholes. The defense 52 00:03:05,080 --> 00:03:08,080 claims DNA on the knife sheath was planted. I mean, 53 00:03:08,120 --> 00:03:11,199 stop and think about what they're saying here. Think about 54 00:03:11,199 --> 00:03:13,520 how much would have to go into something like that, 55 00:03:13,759 --> 00:03:16,120 how many people would have to be involved in something 56 00:03:16,240 --> 00:03:19,080 like that, And then you tell me that it sounds 57 00:03:19,120 --> 00:03:22,319 like a likely thing to have happened. And unless the 58 00:03:22,400 --> 00:03:25,120 defense is sitting on some kind of huge evidence that 59 00:03:25,159 --> 00:03:27,199 we don't know about, I don't know how they could 60 00:03:27,240 --> 00:03:31,560 think anybody is going to think any differently prosecutors ask 61 00:03:31,639 --> 00:03:34,520 the court to issue a protective order on the genetic 62 00:03:34,560 --> 00:03:39,319 genealogy information developed by the FBI using a DNA profile 63 00:03:39,400 --> 00:03:42,639 obtained from the snap of the knife sheath found on 64 00:03:42,680 --> 00:03:46,039 Matty Mogan's bed. So, again, where did they get the 65 00:03:46,120 --> 00:03:48,960 DNA to plant on the knife sheath in the first place? 66 00:03:50,120 --> 00:03:52,240 That's the first question you have to answer for me. 67 00:03:52,840 --> 00:03:54,919 And if you don't have a logical answer for that, 68 00:03:55,280 --> 00:03:58,520 and I'm ajur, Well, that hole that we talked about 69 00:03:58,520 --> 00:04:01,719 that you're standing in that you keep digging deeper for yourself, 70 00:04:02,000 --> 00:04:05,840 it's getting deeper. Colberger faces the possibility of the death 71 00:04:05,879 --> 00:04:09,759 penalty if convicted of the murders of Mogan, Kaylee Gonsalves, 72 00:04:10,000 --> 00:04:14,719 Xana Kernodle, and Ethan Chapin last November. The four students 73 00:04:14,759 --> 00:04:17,920 were found dead in their off campus house in Moscow, Idaho. 74 00:04:18,519 --> 00:04:23,120 The defense suggests that DNA was planted. The defense wants 75 00:04:23,120 --> 00:04:27,079 to understand how the FBI used DNA to create family 76 00:04:27,120 --> 00:04:31,360 trees that led them to Coburger and his father. Colberger's 77 00:04:31,360 --> 00:04:34,560 defense attorneys wrote in their objection that they want to 78 00:04:34,600 --> 00:04:39,360 see how many other potential suspects were overlooked. Oh yeah, stronger, 79 00:04:39,680 --> 00:04:43,639 much stronger suspects, just like rex Ywherman is not the 80 00:04:43,639 --> 00:04:47,360 strongest suspect in the Long Island serial killings. Right, And 81 00:04:47,439 --> 00:04:50,360 of course the lawyers are going to say stuff like that, Oh, 82 00:04:50,560 --> 00:04:54,800 stronger potential suspects were ignored. They're trying to defend their client. 83 00:04:55,040 --> 00:04:58,040 They're trying to create as much reasonable doubt as they 84 00:04:58,040 --> 00:05:00,920 possibly can, and if they can come up with some 85 00:05:00,959 --> 00:05:05,040 sort of boogeyman somebody else that might be responsible, well 86 00:05:05,079 --> 00:05:08,519 all the better. Look, we had Alec Murda do the 87 00:05:08,560 --> 00:05:12,000 same thing, right, the unknown shooter theory, the two people 88 00:05:12,160 --> 00:05:15,040 who allegedly killed his wife and his son, but really 89 00:05:15,079 --> 00:05:18,560 it was him. Then Lorie Valo's same thing, the unknown 90 00:05:18,600 --> 00:05:22,399 assailant theory. Oh yeah, somebody snatched the kids and nobody 91 00:05:22,399 --> 00:05:25,759 knows anything about it. How'd that work out? You see, 92 00:05:25,759 --> 00:05:28,319 when you make these sort of assertions, and you make 93 00:05:28,360 --> 00:05:32,240 these sort of accusations and you don't have the evidence 94 00:05:32,279 --> 00:05:35,360 to back it up, you're already burning your credibility with 95 00:05:35,439 --> 00:05:39,079 a jury and with the public at large. They even 96 00:05:39,160 --> 00:05:43,480 suggested that Coburger's DNA may have been planted. The state's 97 00:05:43,560 --> 00:05:48,279 argument as this court and mister Colberger to assume is 98 00:05:48,319 --> 00:05:51,600 that the DNA on the sheath was placed there by 99 00:05:51,639 --> 00:05:55,920 mister Colberger and not someone else, during an investigation that 100 00:05:56,040 --> 00:05:59,680 spans hundreds of members of law enforcement and apparently at 101 00:05:59,759 --> 00:06:03,600 least one lab the state refuses to name. So you mean, 102 00:06:03,639 --> 00:06:07,800 like any other gigantic investigation, hundreds of investigators are involved, 103 00:06:08,399 --> 00:06:11,879 because that happens in every one of these gigantic investigations. 104 00:06:12,240 --> 00:06:15,360 And unless you have some evidence that evidence was planted, 105 00:06:15,639 --> 00:06:18,120 I think this is a very very bad strategy for 106 00:06:18,319 --> 00:06:21,519 Brian Colberger's team. But as I've said a million times, 107 00:06:21,800 --> 00:06:24,360 when you're a drowning man and the ship is sunk, 108 00:06:24,560 --> 00:06:26,759 you're gonna look for any sort of debris to grab 109 00:06:26,839 --> 00:06:30,480 onto so you don't drown. It has to be pretty 110 00:06:30,519 --> 00:06:33,920 planned out. The Law on Crime Networks and nett Levy 111 00:06:34,160 --> 00:06:38,319 spoke with DNA expert Kristen Slapper about the defensive strategy. 112 00:06:39,079 --> 00:06:42,240 What's important to remember is that, first of all, DNA 113 00:06:42,279 --> 00:06:45,160 on its own doesn't mean anything until you have a 114 00:06:45,199 --> 00:06:50,399 standard to compare. Slapper explained, the claim is DNA is planted. 115 00:06:50,800 --> 00:06:53,879 I think it's important to remember that Brian Kolberger was 116 00:06:53,920 --> 00:06:56,879 not known. Nobody knew who did this and I think 117 00:06:56,920 --> 00:07:00,000 that it's important because in order for something to be planned, 118 00:07:00,639 --> 00:07:03,000 it has to be pretty planned out. And here's a 119 00:07:03,079 --> 00:07:06,439 question for the defense. Why is Coburger the fall guy? 120 00:07:06,519 --> 00:07:09,920 What made him be the person that they collected DNA 121 00:07:10,000 --> 00:07:12,600 from to plant at this scene of the crime. Can 122 00:07:12,639 --> 00:07:15,199 somebody answer that question for me? Did they just pick 123 00:07:15,279 --> 00:07:16,959 him out of a hat they were going through the 124 00:07:17,040 --> 00:07:21,399 yearbook at Washington State University and looking for criminology students 125 00:07:21,439 --> 00:07:25,000 to pin this on. How absurd does that sound? And 126 00:07:25,079 --> 00:07:27,639 does anybody out there buy that? I mean, I guess 127 00:07:27,720 --> 00:07:32,319 some people might, but big accusations require big evidence, and 128 00:07:32,399 --> 00:07:35,319 I don't see any big evidence here that points towards 129 00:07:35,360 --> 00:07:40,439 this DNA being planted. To plant someone's DNA, you have 130 00:07:40,519 --> 00:07:42,800 to have their DNA first of all. You have to 131 00:07:42,839 --> 00:07:46,120 have an item that their DNA is on and know 132 00:07:46,240 --> 00:07:49,319 that only their DNA would be found on it. So 133 00:07:49,439 --> 00:07:52,120 how did they do that? Did they just randomly choose 134 00:07:52,120 --> 00:07:54,160 Brian Colberger and say this is going to be the 135 00:07:54,160 --> 00:07:56,600 fall guy. We can't figure out the case, so let's 136 00:07:56,639 --> 00:08:00,319 just pin it on Brian Colberger. Sounds so dumb when 137 00:08:00,360 --> 00:08:03,240 you actually think about it and you go through all 138 00:08:03,279 --> 00:08:06,399 of the steps. Why would anyone plan evidence here? It 139 00:08:06,480 --> 00:08:12,279 makes zero sense whatsoever. Coberger's lawyers also hinted in the 140 00:08:12,360 --> 00:08:16,160 latest hearing that they'll question the qualifications of some of 141 00:08:16,199 --> 00:08:21,199 the investigators involved. Oh, big strategy here, see loopholes and technicalities, right, 142 00:08:22,279 --> 00:08:25,959 not questioning the evidence, not questioning you know what happened. Oh, 143 00:08:26,000 --> 00:08:28,800 it's the investigators. They don't know what they're doing. They're 144 00:08:28,800 --> 00:08:32,519 not qualified. We move for a mistrial. The same old 145 00:08:32,519 --> 00:08:36,679 plays from the same old playbook. Moscow is a small 146 00:08:36,679 --> 00:08:39,759 college town with a population of about twenty five thousand 147 00:08:39,840 --> 00:08:43,200 residents and a small police department. And that's true. They 148 00:08:43,240 --> 00:08:45,840 do have a small police department that had never dealt 149 00:08:45,840 --> 00:08:49,679 with anything like this before. But the FBI was there. 150 00:08:50,120 --> 00:08:52,399 I think the FBI might have dealt with a murderer 151 00:08:52,480 --> 00:08:54,320 or two in their time. Huh. So I'd love for 152 00:08:54,360 --> 00:08:56,399 them to try and explain to a Jerry how the 153 00:08:56,480 --> 00:09:02,120 FBI isn't qualified to handle this evidence. Very shocking. Colberger's 154 00:09:02,159 --> 00:09:05,519 lawyer claims accused killer has no link to the Idaho 155 00:09:05,600 --> 00:09:08,600 four murders. Of course that's what they claim. What are 156 00:09:08,600 --> 00:09:10,879 they gonna say, Yeah, our client did it. He walked 157 00:09:10,919 --> 00:09:13,639 in there middle of the night stabbed everybody to death. 158 00:09:14,279 --> 00:09:16,639 I mean, his lawyers are out here pulling the Johnny 159 00:09:16,639 --> 00:09:20,399 Cochrane talking about DNA was planted. You really think they're 160 00:09:20,440 --> 00:09:25,080 not gonna claim that Coburger's innocent as well. Coburger's defense 161 00:09:25,120 --> 00:09:29,000 attorneys claimed the accused killer has no connection to the 162 00:09:29,000 --> 00:09:32,399 four University of Idaho students who were stabbed to death, 163 00:09:32,600 --> 00:09:35,639 and they're off campus home in November. I can't wait 164 00:09:35,679 --> 00:09:38,200 till we get to discovery. I can't wait to see 165 00:09:38,240 --> 00:09:41,519 all of the evidence that's been compiled by the prosecution, 166 00:09:41,879 --> 00:09:44,840 and all of this no connection stuff is laughable. You 167 00:09:44,879 --> 00:09:46,799 really mean to tell me that you don't think Brian 168 00:09:46,879 --> 00:09:50,320 Colberger was following at least one of these girls on 169 00:09:50,360 --> 00:09:53,960 social media, or that Brian Colberger didn't pop into the 170 00:09:54,000 --> 00:09:57,639 Mad Greek or over to the University of Idaho campus 171 00:09:57,679 --> 00:10:01,799 student union. All of that stuff was a h Colberger's 172 00:10:01,799 --> 00:10:04,919 attorneys are focusing on the total lack of DNA evidence 173 00:10:05,200 --> 00:10:09,600 found in the suspect's apartment, home, office, and vehicle. Well, 174 00:10:09,600 --> 00:10:12,279 that could be explained by the fact that Colberger had 175 00:10:12,320 --> 00:10:15,240 all of this planned out war closed that he got 176 00:10:15,360 --> 00:10:18,440 rid of and had the whole entire car lined in plastic. 177 00:10:19,240 --> 00:10:21,679 You know, you want to talk about planting evidence this 178 00:10:21,799 --> 00:10:24,279 that the other thing. We can make assertions the other 179 00:10:24,320 --> 00:10:28,279 way as well. That's how this works. Right. Colberger remains 180 00:10:28,279 --> 00:10:32,039 in the Lata County Jail, being held without bell. He'll 181 00:10:32,039 --> 00:10:34,879 be back in court on August second for a hearing. 182 00:10:35,360 --> 00:10:39,039 All right, So some big claims by Brian Colberger's defense team. 183 00:10:39,279 --> 00:10:42,039 We'll have to see what comes of it and if 184 00:10:42,080 --> 00:10:44,720 any of this stuff bears out. But we're going to 185 00:10:44,759 --> 00:10:47,799 continue following along like we have been and we'll see 186 00:10:47,879 --> 00:10:51,000 where everything ends up. All right, folks, that's gonna do 187 00:10:51,039 --> 00:10:53,440 it for this one. All of the information that goes 188 00:10:53,440 --> 00:10:56,559 with the episode can be found in the description box.