Speaker 1: What's up everyone, and welcome back to the program. So
Brian Colberger's legal team is taking the position that the
DNA evidence found on the knife sheath and elsewhere was
planted by the police. So, if I'm following along correctly,
this guy's grand strategy is the OJ strategy. Somebody planted this.
Mark Furman was here and he was hanging out with
the evidence and decided to plant the glove. What does
that even mean? Do they really think that that's going
to work out for them? Because from my perspective, what
we're seeing here is a whole replay of Lori Valo
and her defense. When all said and done, it's going
to come down to the truth. It's going to come
down to the evidence that has been collected and all
of these wild assertions about evidence being planted and all
of the rest of the nonsense that you see people
like Coburger get up to. When the evidence is piled
a mile high against them. How many times do you
see it pan out? How many times do you see
one of these claims by a lawyer turn out to
be the truth. Now, don't get me wrong, there's dirty
cops out there, and anything is possible until we see
all the evidence. I won't just say out of hand,
oh no, it didn't happen, But the likelihood of their
being planted DNA evidence, in my opinion anyway, is slim
to none. I mean, wouldn't they have to be in
possession of Brian Colberger's DNA in the first place to
plant it? And where would they get that DNA from?
How would they even know who Brian Colberger is? So
he's just some fall guy for who today's article is
from Long Crime and the headline planted evidence Brian Colberger's
potential defense revealed amid DNA battle. This article was authored
by Eileen Holliday and a net Levy. Genetic genealogy in
DNA which were used to identify Brian Coolberger are at
the center of the University of Idaho or student Murder's case.
Court documents revealed the potential defense. Coburger's team may use
that trial to persuade the jury the accused Idaho for
student killer is not the right guy. So it's a
bold strategy, but it's not a strategy that's going to work.
In my opinion. You can't just walk into a courtroom
and talk about someone planted DNA evidence. You're gonna have
to provide some evidence of that, right, Okay, So what
makes you think that DNA evidence was planted? Not only
are you asserting that someone planted evidence, but whoever that
someone is committed a crime? So who is this person
that you're saying committed this crime? Did the DNA evidence
just magically get planted? No, somebody had to put it there, right,
So who are you saying put it there? And of course,
just like Lenn Maxwell and are open ended complaints about
the guards, they won't say who planted the DNA evidence,
only that it was planted. They'll just infer that to
try and change the narrative technicalities and loopholes. The defense
claims DNA on the knife sheath was planted. I mean,
stop and think about what they're saying here. Think about
how much would have to go into something like that,
how many people would have to be involved in something
like that, And then you tell me that it sounds
like a likely thing to have happened. And unless the
defense is sitting on some kind of huge evidence that
we don't know about, I don't know how they could
think anybody is going to think any differently prosecutors ask
the court to issue a protective order on the genetic
genealogy information developed by the FBI using a DNA profile
obtained from the snap of the knife sheath found on
Matty Mogan's bed. So, again, where did they get the
DNA to plant on the knife sheath in the first place?
That's the first question you have to answer for me.
And if you don't have a logical answer for that,
and I'm ajur, Well, that hole that we talked about
that you're standing in that you keep digging deeper for yourself,
it's getting deeper. Colberger faces the possibility of the death
penalty if convicted of the murders of Mogan, Kaylee Gonsalves,
Xana Kernodle, and Ethan Chapin last November. The four students
were found dead in their off campus house in Moscow, Idaho.
The defense suggests that DNA was planted. The defense wants
to understand how the FBI used DNA to create family
trees that led them to Coburger and his father. Colberger's
defense attorneys wrote in their objection that they want to
see how many other potential suspects were overlooked. Oh yeah, stronger,
much stronger suspects, just like rex Ywherman is not the
strongest suspect in the Long Island serial killings. Right, And
of course the lawyers are going to say stuff like that, Oh,
stronger potential suspects were ignored. They're trying to defend their client.
They're trying to create as much reasonable doubt as they
possibly can, and if they can come up with some
sort of boogeyman somebody else that might be responsible, well
all the better. Look, we had Alec Murda do the
same thing, right, the unknown shooter theory, the two people
who allegedly killed his wife and his son, but really
it was him. Then Lorie Valo's same thing, the unknown
assailant theory. Oh yeah, somebody snatched the kids and nobody
knows anything about it. How'd that work out? You see,
when you make these sort of assertions, and you make
these sort of accusations and you don't have the evidence
to back it up, you're already burning your credibility with
a jury and with the public at large. They even
suggested that Coburger's DNA may have been planted. The state's
argument as this court and mister Colberger to assume is
that the DNA on the sheath was placed there by
mister Colberger and not someone else, during an investigation that
spans hundreds of members of law enforcement and apparently at
least one lab the state refuses to name. So you mean,
like any other gigantic investigation, hundreds of investigators are involved,
because that happens in every one of these gigantic investigations.
And unless you have some evidence that evidence was planted,
I think this is a very very bad strategy for
Brian Colberger's team. But as I've said a million times,
when you're a drowning man and the ship is sunk,
you're gonna look for any sort of debris to grab
onto so you don't drown. It has to be pretty
planned out. The Law on Crime Networks and nett Levy
spoke with DNA expert Kristen Slapper about the defensive strategy.
What's important to remember is that, first of all, DNA
on its own doesn't mean anything until you have a
standard to compare. Slapper explained, the claim is DNA is planted.
I think it's important to remember that Brian Kolberger was
not known. Nobody knew who did this and I think
that it's important because in order for something to be planned,
it has to be pretty planned out. And here's a
question for the defense. Why is Coburger the fall guy?
What made him be the person that they collected DNA
from to plant at this scene of the crime. Can
somebody answer that question for me? Did they just pick
him out of a hat they were going through the
yearbook at Washington State University and looking for criminology students
to pin this on. How absurd does that sound? And
does anybody out there buy that? I mean, I guess
some people might, but big accusations require big evidence, and
I don't see any big evidence here that points towards
this DNA being planted. To plant someone's DNA, you have
to have their DNA first of all. You have to
have an item that their DNA is on and know
that only their DNA would be found on it. So
how did they do that? Did they just randomly choose
Brian Colberger and say this is going to be the
fall guy. We can't figure out the case, so let's
just pin it on Brian Colberger. Sounds so dumb when
you actually think about it and you go through all
of the steps. Why would anyone plan evidence here? It
makes zero sense whatsoever. Coberger's lawyers also hinted in the
latest hearing that they'll question the qualifications of some of
the investigators involved. Oh, big strategy here, see loopholes and technicalities, right,
not questioning the evidence, not questioning you know what happened. Oh,
it's the investigators. They don't know what they're doing. They're
not qualified. We move for a mistrial. The same old
plays from the same old playbook. Moscow is a small
college town with a population of about twenty five thousand
residents and a small police department. And that's true. They
do have a small police department that had never dealt
with anything like this before. But the FBI was there.
I think the FBI might have dealt with a murderer
or two in their time. Huh. So I'd love for
them to try and explain to a Jerry how the
FBI isn't qualified to handle this evidence. Very shocking. Colberger's
lawyer claims accused killer has no link to the Idaho
four murders. Of course that's what they claim. What are
they gonna say, Yeah, our client did it. He walked
in there middle of the night stabbed everybody to death.
I mean, his lawyers are out here pulling the Johnny
Cochrane talking about DNA was planted. You really think they're
not gonna claim that Coburger's innocent as well. Coburger's defense
attorneys claimed the accused killer has no connection to the
four University of Idaho students who were stabbed to death,
and they're off campus home in November. I can't wait
till we get to discovery. I can't wait to see
all of the evidence that's been compiled by the prosecution,
and all of this no connection stuff is laughable. You
really mean to tell me that you don't think Brian
Colberger was following at least one of these girls on
social media, or that Brian Colberger didn't pop into the
Mad Greek or over to the University of Idaho campus
student union. All of that stuff was a h Colberger's
attorneys are focusing on the total lack of DNA evidence
found in the suspect's apartment, home, office, and vehicle. Well,
that could be explained by the fact that Colberger had
all of this planned out war closed that he got
rid of and had the whole entire car lined in plastic.
You know, you want to talk about planting evidence this
that the other thing. We can make assertions the other
way as well. That's how this works. Right. Colberger remains
in the Lata County Jail, being held without bell. He'll
be back in court on August second for a hearing.
All right, So some big claims by Brian Colberger's defense team.
We'll have to see what comes of it and if
any of this stuff bears out. But we're going to
continue following along like we have been and we'll see
where everything ends up. All right, folks, that's gonna do
it for this one. All of the information that goes
with the episode can be found in the description box.