WEBVTT 1 00:00:00.040 --> 00:00:03.560 What's up everyone, and welcome back to the program. Over 2 00:00:03.600 --> 00:00:06.040 the past few days, we've been talking about the new 3 00:00:06.080 --> 00:00:09.560 items to hit the docket in the Brian Colberger trial. Well, 4 00:00:09.599 --> 00:00:12.880 today we have an article from Newsweek talking about some 5 00:00:13.039 --> 00:00:16.600 of those items and six of the shocking rumors that 6 00:00:16.879 --> 00:00:21.519 possibly tainted the jerry pool. So let's just get right 7 00:00:21.559 --> 00:00:24.440 to this article and let's see what Newsweek has to say. 8 00:00:25.359 --> 00:00:30.679 Headlined Brian Colberger defense reveals six shocking rumors tainting possible jurors. 9 00:00:31.280 --> 00:00:35.439 This article was authored by Jenna Sundel. The legal team 10 00:00:35.479 --> 00:00:38.840 of accused murderer Brian Colberger alleged the litany of rumors 11 00:00:38.840 --> 00:00:42.560 and conjecture among Leata County residents in over three hundred 12 00:00:42.600 --> 00:00:46.679 pages of legal filings made public last week. And hey, look, 13 00:00:46.719 --> 00:00:48.679 I get it right. You want to make sure that 14 00:00:48.840 --> 00:00:52.560 your client is getting as good of a shake as possible. Well, 15 00:00:52.600 --> 00:00:55.119 if you don't want rumors and you don't want innuendo, 16 00:00:55.479 --> 00:00:57.200 wouldn't it be a good idea to get rid of 17 00:00:57.240 --> 00:01:00.560 the gag order? And considering Coberger's team as talk like this, 18 00:01:01.039 --> 00:01:03.159 and they're the ones who initiated the gag order in 19 00:01:03.159 --> 00:01:05.000 the first place, why don't they just go to the 20 00:01:05.079 --> 00:01:08.000 judge and say, you know what, we want complete transparency 21 00:01:08.200 --> 00:01:10.680 and we want the gag order removed. They're not going 22 00:01:10.760 --> 00:01:12.840 to do that, though, are they, Because it's not about 23 00:01:12.879 --> 00:01:17.200 full transparency. It's about transparency when it fits their narrative. 24 00:01:17.400 --> 00:01:19.719 And that's why you won't see them have that gag 25 00:01:19.840 --> 00:01:23.400 order removed, because they know that the evidence is stacked 26 00:01:23.400 --> 00:01:26.439 against their client. Now, I'm not going to sit here 27 00:01:26.439 --> 00:01:28.959 and tell you that we should just throw Brian Colberger 28 00:01:29.000 --> 00:01:31.680 in jail right now without a trial and I've seen 29 00:01:31.799 --> 00:01:34.680 enough because that's certainly not the case. But what I 30 00:01:34.719 --> 00:01:37.159 will say, and what I have said, is that there 31 00:01:37.280 --> 00:01:39.840 is a ton of evidence here, and we're not just 32 00:01:39.879 --> 00:01:44.120 talking about shitty evidence. We're talking about tangible evidence that 33 00:01:44.359 --> 00:01:47.480 is meaningful. And obviously the strongest bit of that evidence 34 00:01:47.719 --> 00:01:50.799 is the DNA evidence that was collected from the knife sheath. 35 00:01:51.120 --> 00:01:54.120 And that's why they're so gung ho and so adamant 36 00:01:54.120 --> 00:01:56.760 to try and get that bit of the evidence tossed 37 00:01:57.079 --> 00:02:00.000 or find some sort of vector to assault the strong 38 00:02:00.239 --> 00:02:03.280 evidence that's been compiled against their client. But at least 39 00:02:03.359 --> 00:02:06.560 up until now, Judge Judge has denied them at every turn. 40 00:02:06.840 --> 00:02:09.680 But what I will say is reading through the documents, 41 00:02:09.800 --> 00:02:13.000 there's some compelling stuff in there. Their experts are making 42 00:02:13.039 --> 00:02:15.319 some good points, and that's why we're going through the 43 00:02:15.360 --> 00:02:18.639 documents like we are. We just got done going through 44 00:02:18.919 --> 00:02:22.439 Brian Edelman's declaration and later on today. There's certainly more 45 00:02:22.520 --> 00:02:26.280 coming your way from those core documents, but it's crucial 46 00:02:26.319 --> 00:02:29.280 that we understand what's going on behind the scenes because 47 00:02:29.280 --> 00:02:32.080 with the gag order, it's very hard to make heads 48 00:02:32.199 --> 00:02:35.360 or tails one way or the other right, and that's 49 00:02:35.400 --> 00:02:38.159 exactly the whole entire goal of that gag order to 50 00:02:38.280 --> 00:02:41.439 mitigate the information that's coming out. But on the back 51 00:02:41.520 --> 00:02:43.919 end of that, you can't sit here and complain about 52 00:02:44.039 --> 00:02:47.879 rumors and speculation if you're the one who wants the 53 00:02:47.919 --> 00:02:52.240 gag order draped over the case. Coburger, twenty nine, is 54 00:02:52.240 --> 00:02:55.439 accused of fatally stabbing for University of Idaho students in 55 00:02:55.479 --> 00:02:58.719 November of twenty twenty two. The victims, known as the 56 00:02:58.719 --> 00:03:03.319 Idaho Four, are Madison Mogan, Kaylee Gonsalves, Xana Kernodle, and 57 00:03:03.360 --> 00:03:06.639 Ethan Chapin. Coburger is facing four accounts of first degree 58 00:03:06.719 --> 00:03:09.680 murder and one count of felony burglary. The trial is 59 00:03:09.719 --> 00:03:12.680 scheduled to begin on June second of next year. The 60 00:03:12.719 --> 00:03:15.680 next upcoming hearing on August twenty ninth, is about the 61 00:03:15.719 --> 00:03:19.000 defense motion to change the location of the trial, which 62 00:03:19.039 --> 00:03:22.240 is set to be held in Leithah County. And even 63 00:03:22.280 --> 00:03:25.400 though I find some of the information that's been provided 64 00:03:25.439 --> 00:03:27.919 by the experts compelling, I don't think it's going to 65 00:03:27.960 --> 00:03:30.840 matter one way or the other. And that's because with 66 00:03:30.960 --> 00:03:34.840 technology the way it is, it's really difficult to convince 67 00:03:34.879 --> 00:03:38.560 me that people in a different county aren't as locked 68 00:03:38.599 --> 00:03:41.120 in as they are down in Moscow. We're talking about 69 00:03:41.159 --> 00:03:44.680 a pretty small state, Idaho, right, People aren't used to 70 00:03:44.719 --> 00:03:47.599 this kind of thing happening. We're not talking about a 71 00:03:47.680 --> 00:03:51.319 murder that occurred in San Diego and then people up 72 00:03:51.319 --> 00:03:53.960 in Sacramento. Now, of course there's going to be people 73 00:03:53.960 --> 00:03:57.360 following along, but not to the degree as in a 74 00:03:57.400 --> 00:03:59.960 small state like Idaho. And that's just a numbers thing. 75 00:04:00.439 --> 00:04:03.000 So when you're talking about moving this to a different county, 76 00:04:03.199 --> 00:04:04.800 I have a hard time believing that that's going to 77 00:04:04.879 --> 00:04:09.840 mitigate any sort of prejudice that Coburger's team is saying exists. 78 00:04:10.120 --> 00:04:13.400 I just don't think the juice is worth the squeeze. However, 79 00:04:13.439 --> 00:04:15.759 I'm not the one that's fighting for my life, and 80 00:04:15.800 --> 00:04:19.120 I completely understand why Brian Coberger and his team are 81 00:04:19.160 --> 00:04:22.000 attempting to do this, why they're attempting to make this move. 82 00:04:22.199 --> 00:04:25.160 I just don't think it's going to be successful. Brian 83 00:04:25.240 --> 00:04:28.279 Coberger cannot receive a fair trial in Letah County, as 84 00:04:28.279 --> 00:04:31.240 protected by his rights under both the United States and 85 00:04:31.279 --> 00:04:36.319 Idaho constitutions because the pervasive, inflammatory, often inaccurate, and highly 86 00:04:36.319 --> 00:04:41.399 prejudicial publicity. Public defender and Taylor argued in the document, well, cool, 87 00:04:41.560 --> 00:04:43.560 get rid of the gag order, like I said earlier, 88 00:04:43.720 --> 00:04:46.759 so you can correct the record and set us all straight. 89 00:04:47.480 --> 00:04:49.639 She's not going to do that, though, is she. What 90 00:04:49.720 --> 00:04:52.160 she'll do is she'll continue to make these filings and 91 00:04:52.399 --> 00:04:57.639 she'll hint at things. She'll say. Maybe she'll say, oh, 92 00:04:57.879 --> 00:05:00.720 this is tainted or that's tainted. And while that's a 93 00:05:00.800 --> 00:05:03.040 pretty song to sing, it doesn't really fit with the 94 00:05:03.079 --> 00:05:06.800 reality of the situation. The reality is this fertile ground 95 00:05:06.839 --> 00:05:11.639 for misinformation was caused by that gag order. Point blank period, 96 00:05:12.600 --> 00:05:15.480 the defense team conducted a phone survey of potential jurors 97 00:05:15.480 --> 00:05:18.800 to determine if they can act in partially. One question 98 00:05:18.879 --> 00:05:22.480 asked during the survey was what rumors or theories, if any, 99 00:05:22.800 --> 00:05:26.480 have you heard about these murders Brian Coberger or the victims. 100 00:05:27.680 --> 00:05:30.560 The document details some of the rumors respondents had heard, 101 00:05:30.920 --> 00:05:34.040 included that Coburger was linked to the murders in other states, 102 00:05:34.360 --> 00:05:37.639 he stalked the victims and he was romantically rejected by 103 00:05:37.680 --> 00:05:40.519 one of the victims. I've heard that Coburger has been 104 00:05:40.560 --> 00:05:44.240 linked to other murders in Washington and Pennsylvania, one survey 105 00:05:44.279 --> 00:05:47.040 respondent said. And there's no doubt there has been a 106 00:05:47.279 --> 00:05:50.480 ton of information out there that has not been true. 107 00:05:51.120 --> 00:05:52.959 And that's how it works with the big case like this. 108 00:05:53.360 --> 00:05:55.560 People are interested in what's going on, and if there's 109 00:05:55.600 --> 00:05:58.279 a lack of information, people are just gonna make shit up. 110 00:05:58.399 --> 00:06:00.399 People aren't gonna go and look at the court documents. 111 00:06:00.399 --> 00:06:03.560 They're gonna make up slacious rumors. They're gonna make up this, 112 00:06:03.680 --> 00:06:05.759 that or the other thing and attribute it to this 113 00:06:05.879 --> 00:06:09.079 source or that source. But the reality is all of 114 00:06:09.120 --> 00:06:11.600 this is caused, and I hate to say it once again, 115 00:06:12.079 --> 00:06:14.319 by the gag order. If you don't have that gag 116 00:06:14.439 --> 00:06:16.800 order and it's not as restrictive as it is. You 117 00:06:16.839 --> 00:06:19.480 could set the record straight, come out and say this 118 00:06:19.560 --> 00:06:22.600 is bs. This never happened, that didn't happen. My client 119 00:06:22.680 --> 00:06:25.720 never did this. But Ann Tayler's not stupid. She knows 120 00:06:25.759 --> 00:06:28.839 the deal and she knows that the evidence is stacked 121 00:06:28.839 --> 00:06:31.720 against her client, so she'll take her shots when she can. 122 00:06:31.959 --> 00:06:34.759 Talking about transparency to make it look like Brian Coolberger 123 00:06:34.839 --> 00:06:37.759 is getting railroaded, but I'm not buying it. In a 124 00:06:37.759 --> 00:06:41.079 press release from the Moscow Police Department included in the filing, 125 00:06:41.399 --> 00:06:44.800 officials said that they had received inquiries from media about 126 00:06:44.800 --> 00:06:47.959 a nineteen ninety nine double stabbing in Pullman, Washington, and 127 00:06:48.040 --> 00:06:51.680 a twenty twenty one double stabbing in Salem, Oregon. While 128 00:06:51.720 --> 00:06:55.600 these cases share similarities with the King Street homicides, there 129 00:06:55.720 --> 00:06:58.519 does not appear to be any evidence to support the 130 00:06:58.600 --> 00:07:02.600 cases are related. Police Colberger was four years old at 131 00:07:02.600 --> 00:07:05.199 the time of the stabbing in Washington, and whenever you 132 00:07:05.240 --> 00:07:08.600 have somebody who gets arrested for something like this, automatically 133 00:07:08.680 --> 00:07:10.879 people start looking into their past to see if they 134 00:07:10.920 --> 00:07:13.560 could be connected to any other murders. That's just how 135 00:07:13.600 --> 00:07:15.839 it goes. The killer has not been identified in the 136 00:07:15.839 --> 00:07:19.240 Oregon stabbing that left one dead and another injured. Both 137 00:07:19.279 --> 00:07:22.160 attacks involved an intruder breaking into a residence with a 138 00:07:22.240 --> 00:07:26.480 knife at around three am. Authorities maintain the incidents are 139 00:07:26.519 --> 00:07:29.519 not linked to one another, and I've seen no evidence 140 00:07:29.600 --> 00:07:33.639 to link the Juden murder to what happened with Brian Colberger. 141 00:07:33.759 --> 00:07:36.439 But it's certainly something we discussed. It's certainly something that 142 00:07:36.480 --> 00:07:39.800 had to be discussed, and once again that all falls 143 00:07:39.839 --> 00:07:43.639 on the shoulders of the system itself and Brian Colberger's 144 00:07:43.680 --> 00:07:46.079 legal team. They're the ones that wanted the gag order. 145 00:07:46.279 --> 00:07:48.800 So sometimes in life you have to reap what you sew. 146 00:07:49.000 --> 00:07:52.439 Pennsylvania authorities are investigating if Colburger is linked to any 147 00:07:52.519 --> 00:07:56.160 unsolved murders in the state. News Nation reported, however, he 148 00:07:56.240 --> 00:07:58.959 has not been identified as a suspect or charged and 149 00:07:59.040 --> 00:08:02.680 any incidence in the state. Colberger was initially arrested in 150 00:08:02.680 --> 00:08:06.600 Pennsylvania at his parents' home on December thirtieth, twenty twenty two. 151 00:08:07.079 --> 00:08:09.600 He had just traveled across the country from Washington to 152 00:08:09.600 --> 00:08:12.839 Pennsylvania with his father to spend the holidays with his parents. 153 00:08:13.480 --> 00:08:16.360 Colberger and his father were stopped by police twice in 154 00:08:16.360 --> 00:08:19.680 Indiana within the matter of minutes. During their cross country trip, 155 00:08:20.279 --> 00:08:23.160 a deputy with the Hancock County Sheriff's Department pulled the 156 00:08:23.199 --> 00:08:26.560 white Hondai over on I seventy at around ten forty 157 00:08:26.600 --> 00:08:31.439 one am on December fifteenth for following too closely. Colberger 158 00:08:31.519 --> 00:08:34.559 had not been named a suspect in the case yet 159 00:08:34.759 --> 00:08:37.759 when he was stopped. Officials had identified a Hondai a 160 00:08:37.799 --> 00:08:40.480 Lantra as a vehicle of interest, but they had not 161 00:08:40.519 --> 00:08:43.559 released a license plate number for the car. The deputy 162 00:08:43.720 --> 00:08:46.200 let Coburger and his father off with a warning. And 163 00:08:46.279 --> 00:08:48.519 the reason that they got pulled over is this is 164 00:08:48.519 --> 00:08:51.200 a drug corridor. This is where a lot of the 165 00:08:51.279 --> 00:08:55.279 traffickers are traveling through to get their product from one 166 00:08:55.320 --> 00:08:57.720 coast to the other or one state to the next. 167 00:08:58.159 --> 00:09:00.960 So there's a lot of interdiction and a lot of 168 00:09:00.960 --> 00:09:04.559 times you were getting pulled over for little traffic violations 169 00:09:04.799 --> 00:09:07.039 and that just gives them their in to inspect your 170 00:09:07.080 --> 00:09:10.480 vehicle and to check you out. At around ten fifty am, 171 00:09:10.600 --> 00:09:13.000 the car was stopped on the interstate for a following 172 00:09:13.039 --> 00:09:15.960 too closely. Again, the officer let the two off with 173 00:09:16.000 --> 00:09:19.679 the warning. After the arrest, officials searched Colberger's car and 174 00:09:19.759 --> 00:09:22.519 seized a large amount of items, including a knife, a 175 00:09:22.639 --> 00:09:26.639 forty caliber gun, a pocket knife, empty magazines for the gun, 176 00:09:26.879 --> 00:09:31.399 a black mask, hat, and gloves. Other survey respondents claimed 177 00:09:31.399 --> 00:09:34.519 Coburger was stalking one or more of the victims. Don't 178 00:09:34.559 --> 00:09:36.759 know why he did it. There were some rumors that 179 00:09:36.799 --> 00:09:39.039 he stalked the girls, but can't say that's for sure, 180 00:09:39.279 --> 00:09:43.159 one respondent claimed. While several reports have emerged that Coburger 181 00:09:43.279 --> 00:09:45.879 was often in the same location as a victim before 182 00:09:45.919 --> 00:09:48.360 the murders and had photos of one of the victims 183 00:09:48.399 --> 00:09:52.000 on his phone, prosecutors have stated he did not stalk 184 00:09:52.120 --> 00:09:55.159 any of his victims, so that doesn't mean he didn't 185 00:09:55.200 --> 00:09:58.039 have pictures of the phones, that doesn't mean he wasn't 186 00:09:58.039 --> 00:10:01.279 following them on social media, and that certainly doesn't mean 187 00:10:01.480 --> 00:10:03.639 that he didn't meet them or see them at the 188 00:10:03.639 --> 00:10:07.799 Mad Greek. Additional allegations include that Coburger did not work alone, 189 00:10:08.000 --> 00:10:11.000 the crime involved a drug deal gone bad, Coburger had 190 00:10:11.000 --> 00:10:13.799 a history of being disrespectful to women, and murdered the 191 00:10:13.879 --> 00:10:16.399 victims just to see if he could get away with it. 192 00:10:17.039 --> 00:10:19.840 Friends of Coburger told the Idaho Statesman that he used 193 00:10:19.840 --> 00:10:23.480 marijuana and heroin and went to a rehabilitation program after 194 00:10:23.519 --> 00:10:26.279 developing an addiction, but he has never been arrested on 195 00:10:26.360 --> 00:10:30.200 drug charges. Officials did seize the green leafy substance from 196 00:10:30.240 --> 00:10:34.080 Coburger's vehicle, but there has not been any substantiated evidence 197 00:10:34.120 --> 00:10:37.279 that the killing Coburger is accused of involved a drug deal. 198 00:10:37.759 --> 00:10:40.440 Nobody got killed over a drug deal? Are you guys 199 00:10:40.519 --> 00:10:43.039 kidding me? Right now? That was ridiculous then, and it's 200 00:10:43.080 --> 00:10:46.799 even more ridiculous now as somebody who follows the cartels 201 00:10:46.799 --> 00:10:49.200 on a daily basis, This is not how they roll. 202 00:10:50.000 --> 00:10:52.720 They're not showing up here and stabbing you. Okay. If 203 00:10:52.720 --> 00:10:55.200 this was the cartel hit, every single one of them 204 00:10:55.440 --> 00:10:58.639 would have been killed a different way. So the whole 205 00:10:58.799 --> 00:11:03.120 entire drug deal gone wrong. Talk about ridiculous. Jordan Cerrilneck, 206 00:11:03.200 --> 00:11:06.639 the owner of Seven Sirens Brewing Company in Pennsylvania, told 207 00:11:06.799 --> 00:11:09.960 NBC News that Coburger had visited the business a few 208 00:11:09.960 --> 00:11:13.279 times and several women on his staff complained about his behavior. 209 00:11:13.879 --> 00:11:16.799 He said when women rejected his advances, he would get 210 00:11:16.879 --> 00:11:19.399 upset with them a little bit, and he allegedly called 211 00:11:19.440 --> 00:11:22.919 one of the employees a bitch. The defense team found 212 00:11:22.919 --> 00:11:25.159 that over ninety eight percent of people in the county 213 00:11:25.240 --> 00:11:28.200 were aware of the case, with sixty eight percent following 214 00:11:28.240 --> 00:11:31.879 it very or somewhat closely. Out of the potential jurors 215 00:11:31.919 --> 00:11:35.320 familiar with the case, around sixty seven percent believe Coburger 216 00:11:35.399 --> 00:11:38.320 is guilty. Well, that's because the evidence is strong and 217 00:11:38.360 --> 00:11:41.440 if you wanted to mitigate that evidence and Taylor should 218 00:11:41.480 --> 00:11:44.919 have got rid of the gag order. Prospective jurors who 219 00:11:44.919 --> 00:11:48.120 had been exposed to prejudicial pre trial publicity enter the 220 00:11:48.120 --> 00:11:51.759 courtroom with case specific knowledge gleaned from the media, social media, 221 00:11:52.000 --> 00:11:55.039 and discussions with friends, family members, and co workers. The 222 00:11:55.120 --> 00:11:58.960 defense argued uncovering the full extent of jurors case specific 223 00:11:59.039 --> 00:12:03.639 knowledge and pinions in high profile cases can be extremely difficult. Look, 224 00:12:03.679 --> 00:12:06.360 there's no doubt it's a very crucial part of what's 225 00:12:06.399 --> 00:12:08.799 going on. My point is, in a case like this 226 00:12:09.120 --> 00:12:12.440 with so much publicity, it's almost a moot point because 227 00:12:12.440 --> 00:12:15.679 everybody knows about what's going on here. Everybody knows who 228 00:12:15.679 --> 00:12:19.080 Brian Kolberger is, and everybody knows what he's accused of. 229 00:12:20.200 --> 00:12:23.480 The defense also said the small population of Leata County 230 00:12:23.559 --> 00:12:26.559 will make it more difficult to find an impartial jury. Well, 231 00:12:26.600 --> 00:12:29.279 if you don't want a small jury pool, don't kill 232 00:12:29.320 --> 00:12:32.120 people in small towns. Thanks for coming to my ted talk. 233 00:12:33.360 --> 00:12:35.919 Aida County is the largest county in Idaho, with more 234 00:12:35.960 --> 00:12:39.399 than ten times as many potential jurors than Leayta County. 235 00:12:39.480 --> 00:12:42.720 The defense said, given with how familiar the case throughout 236 00:12:42.720 --> 00:12:46.000 the entire state of Idaho, selecting an impartial jury as 237 00:12:46.120 --> 00:12:49.480 guaranteed by the Constitution will be a challenge. The best 238 00:12:49.559 --> 00:12:52.080 chance to find an impartial jury is to have the 239 00:12:52.159 --> 00:12:56.399 largest potential pool of candidates. Layta County has a population 240 00:12:56.759 --> 00:12:59.720 of around thirty nine thy five hundred, while Aida County 241 00:12:59.720 --> 00:13:02.960 has a population of nearly four hundred and ninety five thousand. 242 00:13:03.799 --> 00:13:06.919 Aida County, which includes the state capital of Boise, will 243 00:13:06.960 --> 00:13:10.000 also have more space to accommodate the high profile trial. 244 00:13:10.200 --> 00:13:13.840 The defense claimed. There are large courtrooms with adequate space 245 00:13:13.879 --> 00:13:16.879 and tables for the attorneys and mister Colberger. The defense 246 00:13:16.919 --> 00:13:20.679 said the large courtroom provides space for each council to 247 00:13:20.799 --> 00:13:24.919 keep materials and necessary conversation out of eyesight or earshot 248 00:13:25.080 --> 00:13:28.200 of the other party, spectators, and the media. Due to 249 00:13:28.240 --> 00:13:31.960 its size, the courtroom can accommodate a large number of spectators, 250 00:13:32.279 --> 00:13:35.000 and there is overflow space available for the public to 251 00:13:35.000 --> 00:13:38.120 watch the trial. And I certainly won't dispute any of that. 252 00:13:38.120 --> 00:13:40.759 That's all true, but that doesn't mean it should be 253 00:13:40.840 --> 00:13:44.960 moved to Aida County. The people of Moscow deserve to 254 00:13:45.080 --> 00:13:47.080 sit in on this trial. They deserve to be the 255 00:13:47.159 --> 00:13:50.120 jurors of this trial, and they deserve to decide Brian 256 00:13:50.200 --> 00:13:54.720 Colberger's fate. Then you change impact on the trial. Doctor 257 00:13:54.879 --> 00:13:59.000 Jill Leebold, a senior jury consulting advisor with IMS Legal Strategies, 258 00:13:59.159 --> 00:14:02.159 spoke to Newsweek about how extensive media coverage of a 259 00:14:02.240 --> 00:14:06.440 case can impact jurors. We have unconscious attitudes and feelings 260 00:14:06.480 --> 00:14:09.320 about certain things, and the more exposure that you have, 261 00:14:09.519 --> 00:14:12.840 it's additive. It builds up, lee Bold said, and so 262 00:14:12.960 --> 00:14:15.600 while they may not be able to consciously access their 263 00:14:15.639 --> 00:14:19.720 feelings on a particular case, that exposure still has an impact. 264 00:14:20.320 --> 00:14:23.320 Lee Bold explained that as time passes, the crime typically 265 00:14:23.360 --> 00:14:25.759 fades from the public eye, but that is not as 266 00:14:25.799 --> 00:14:30.519 true in smaller communities. That collective forgetting doesn't happen the 267 00:14:30.600 --> 00:14:33.000 same way in a small town because it's still front 268 00:14:33.039 --> 00:14:35.360 and center. Because it was such a light bulb moment 269 00:14:35.399 --> 00:14:38.879 for that particular community, and they remember those events more 270 00:14:38.919 --> 00:14:42.080 than somewhere in a larger venue, lee Bold said. Even 271 00:14:42.120 --> 00:14:44.279 though the case is being covered on a national level, 272 00:14:44.320 --> 00:14:46.840 she explained that a jury in a different area would 273 00:14:46.840 --> 00:14:49.799 be further removed from the case. Nothing is going to 274 00:14:49.840 --> 00:14:52.639 exist in a vacuum and people will have heard about it, 275 00:14:52.960 --> 00:14:56.159 but without those personal connections to the community and the 276 00:14:56.200 --> 00:14:58.879 community knowledge, it will have less of an influence, lee 277 00:14:58.879 --> 00:15:01.679 Bold said. Lee Bold laid out some key questions to 278 00:15:01.720 --> 00:15:05.080 ask potential jurors to ensure a fair trial. Have they 279 00:15:05.080 --> 00:15:07.919 taken action somehow? Have they talked about it? Have they 280 00:15:07.919 --> 00:15:11.720 written about it? Sought out articles, researched more information. Those 281 00:15:11.720 --> 00:15:13.679 are the people who are less likely to be able 282 00:15:13.879 --> 00:15:16.080 to keep an open mind or to be fair, Lee 283 00:15:16.120 --> 00:15:20.080 Bold said, what's next in the trial? Prosecutors oppose the 284 00:15:20.120 --> 00:15:23.360 defense efforts to change the venue of the trial. I 285 00:15:23.360 --> 00:15:24.960 don't think that a change of venue is going to 286 00:15:25.000 --> 00:15:27.559 solve any of these problems, Thompson told the court at 287 00:15:27.600 --> 00:15:30.759 a hearing earlier this year. The state's position on venue 288 00:15:31.159 --> 00:15:33.440 is that the case should be held here. It's Leayta 289 00:15:33.600 --> 00:15:36.519 County case. We believe that we can select an appropriate 290 00:15:36.559 --> 00:15:40.639 panel of jurors from Leayta County. Thompson had until Agust 291 00:15:40.639 --> 00:15:43.679 twelfth to submit a reply to the defense filing. The 292 00:15:43.720 --> 00:15:47.039 defense can submit a rebuttal a week later. Judge John 293 00:15:47.120 --> 00:15:50.600 Judge of Idaho's second Judicial District in Leayta County, will 294 00:15:50.720 --> 00:15:53.440 rule on the motion. If the case is moved, he 295 00:15:53.440 --> 00:15:56.559 can make the decision to continue presiding over the proceedings, 296 00:15:56.879 --> 00:15:59.799 or he can withdraw and the Idaho Supreme Court would 297 00:15:59.799 --> 00:16:02.559 pick a new judge to take his place. Yeah, I 298 00:16:02.559 --> 00:16:04.960 don't think that's gonna happen. I think Judge Judge is 299 00:16:04.960 --> 00:16:07.240 committed here and I think that we're gonna see this 300 00:16:07.320 --> 00:16:11.120 trial pop off in Leata County. Now, they might bust 301 00:16:11.120 --> 00:16:13.879 in jurors from outside the county like they did down 302 00:16:13.879 --> 00:16:16.480 to Delphi or going to do down in Delphi. But 303 00:16:16.639 --> 00:16:20.159 besides that, I don't see them moving this. But like usual, 304 00:16:20.360 --> 00:16:22.360 we'll keep an eye on things, and when we have 305 00:16:22.399 --> 00:16:25.120 some more information to add, we'll certainly get it added 306 00:16:25.120 --> 00:16:28.039 to the catalog. But as for this episode, well that's 307 00:16:28.080 --> 00:16:30.799 gonna do it. All of the information that goes with 308 00:16:31.000 --> 00:16:34.960 this episode can be found in the description box. What's 309 00:16:35.039 --> 00:16:40.159 up Everyone and welcome back to the program. Brian Koberger 310 00:16:40.159 --> 00:16:43.120 and his team have petitioned the judge to try and 311 00:16:43.200 --> 00:16:47.399 get the venue of his trial changed. Now, this is 312 00:16:47.440 --> 00:16:50.480 something that was not unexpected, but I don't know how 313 00:16:50.559 --> 00:16:53.879 much success they're going to have. I think that the 314 00:16:53.919 --> 00:16:57.240 best bet would be to bring jurors in from outside 315 00:16:57.279 --> 00:17:00.240 the county instead of moving the whole entire thing thing. 316 00:17:00.639 --> 00:17:03.399 They've already spent so much money when it comes to 317 00:17:03.480 --> 00:17:08.519 this trial that I can't see them acquiescing to this request, unless, 318 00:17:08.519 --> 00:17:11.880 of course, it is something that is without a doubt 319 00:17:11.960 --> 00:17:15.599 going to cause Brian Cohberger to not have a fair trial. 320 00:17:16.319 --> 00:17:18.319 And in the old days, I would think that there 321 00:17:18.559 --> 00:17:21.559 is some legitimacy to that, right, But with the way 322 00:17:21.559 --> 00:17:25.440 everybody is connected now, especially in a little state like Idaho, 323 00:17:25.759 --> 00:17:28.240 do you really think that people in the next county 324 00:17:28.240 --> 00:17:31.960 over have no idea what Brian Cohberger's story is or 325 00:17:32.039 --> 00:17:35.720 what happened in Moscow? Hell, yeah, they do. We're talking 326 00:17:35.759 --> 00:17:38.440 about a small place in Idaho, right, We're not talking 327 00:17:38.440 --> 00:17:42.799 about a gigantic state with millions and millions of residents. 328 00:17:43.119 --> 00:17:45.319 So how much of an impact would it really make 329 00:17:45.480 --> 00:17:48.920 to move this trial to a different venue. It's kind 330 00:17:48.920 --> 00:17:51.759 of like the situation that Richard Allen finds himself in 331 00:17:51.799 --> 00:17:55.480 down in Delphi, right And instead of moving the trial, 332 00:17:55.559 --> 00:17:58.319 instead of moving the proceedings, what they decided to do 333 00:17:58.440 --> 00:18:01.440 is bus injurors from out side the district. So I 334 00:18:01.440 --> 00:18:04.119 think we're going to see something similar up here in Idaho. 335 00:18:04.559 --> 00:18:07.279 But we'll have to wait for Judge Judge obviously to 336 00:18:07.359 --> 00:18:10.680 make that ruling before we get there, though, we have 337 00:18:10.880 --> 00:18:13.720 the actual order itself, and then we're going to dive 338 00:18:13.720 --> 00:18:17.400 into an article from ABC News. The order case number 339 00:18:17.480 --> 00:18:20.599 CR twenty nine Dash twenty two Dash twenty eight oh 340 00:18:20.720 --> 00:18:24.640 five Motion for Change of Venue, State of Idaho, Plaintiff 341 00:18:24.920 --> 00:18:28.839 versus Brian C. Coburger. The defendant comes now, Brian C. 342 00:18:29.000 --> 00:18:32.079 Coburger buy and through his attorneys, and hereby move this 343 00:18:32.200 --> 00:18:35.039 Court for a change of venue. By this motion, Brian 344 00:18:35.119 --> 00:18:39.119 requests a jerry pool from outside Letah County. This motion 345 00:18:39.279 --> 00:18:42.039 is made pursue it to the fifth, sixth, eighth, and 346 00:18:42.079 --> 00:18:48.640 fourteenth amendments to the US Constitution, Article one, sections one, six, seven, thirteen, 347 00:18:48.920 --> 00:18:52.440 and eighteen of the Idaho Constitution. I see our Rules 348 00:18:52.480 --> 00:18:57.079 twenty one and ice Rule Section nineteen Dash eighteen oh one. 349 00:18:58.079 --> 00:19:01.079 A fair and impartial jury cannot be found in Layta 350 00:19:01.200 --> 00:19:06.119 County owing to the extensive inflammatory pre trial publicity, allegations 351 00:19:06.160 --> 00:19:08.839 made about mister Coburger to the public by the media 352 00:19:09.240 --> 00:19:12.720 that will be inadmissible at his trial, the small size 353 00:19:12.720 --> 00:19:15.720 of the community, the salacious nature of the alleged crimes, 354 00:19:15.960 --> 00:19:20.319 and the severity of the charges mister Coburger faces. Enlarging 355 00:19:20.359 --> 00:19:23.240 the jury pool will not do anything to overcome that 356 00:19:23.359 --> 00:19:27.480 pervasive prejudicial publicity because Leayta County does not have a 357 00:19:27.559 --> 00:19:31.960 large enough population center to avoid the bias in the community. Further, 358 00:19:32.160 --> 00:19:35.759 the size of the community and the interconnectedness of its 359 00:19:35.799 --> 00:19:39.960 citizenry is problematic and will prevent a fair and impartial 360 00:19:40.000 --> 00:19:44.559 pool of potential jurors. Mister Coburger buy And, through his counsel, 361 00:19:44.759 --> 00:19:49.480 requests an opportunity to be heard through evidentiary presentation and 362 00:19:49.759 --> 00:19:53.039 argument no sooner than the end of April twenty twenty four. 363 00:19:54.119 --> 00:19:57.079 This was signed by Anne Taylor and it was dated 364 00:19:57.319 --> 00:20:01.480 all right now onto the article from ABC News headline 365 00:20:01.519 --> 00:20:05.720 Idaho college murders. Brian Colberger's lawyers requests change the venue 366 00:20:06.000 --> 00:20:09.920 outside the jury pool. This article was authored by Sasha 367 00:20:10.200 --> 00:20:15.839 Peasanik and Josh Margalin, arguing that affair and impartial jury 368 00:20:15.880 --> 00:20:19.440 cannot be found in the area wherefore Idaho College students 369 00:20:19.480 --> 00:20:22.599 were killed. In twenty twenty two. Lawyers for the accused 370 00:20:22.680 --> 00:20:25.920 killer are asking that his capital murder trial be moved 371 00:20:25.960 --> 00:20:28.480 to a different location so it would be heard by 372 00:20:28.559 --> 00:20:30.839 jurors who have not been exposed to more than a 373 00:20:30.920 --> 00:20:34.720 year of news coverage about the case. I mean, okay, 374 00:20:34.759 --> 00:20:37.359 I get it, but do we really think that jurors 375 00:20:37.640 --> 00:20:41.119 from a county over haven't been exposed to what's going 376 00:20:41.160 --> 00:20:44.160 on here. There's people all over the world that's following 377 00:20:44.519 --> 00:20:47.200 everything that happens. You really think that you're gonna find 378 00:20:47.200 --> 00:20:50.240 a jury where nobody's hip to the deal, where nobody 379 00:20:50.240 --> 00:20:54.279 knows what's happening here. That's a pretty big stretch, and really, 380 00:20:54.319 --> 00:20:57.400 what it looks like to me is just another delay tactic. 381 00:20:58.279 --> 00:21:03.799 The extensive inflammatory pre trial publicity allegations made about Brian Colberger, 382 00:21:04.000 --> 00:21:06.880 who stands accused of the killings, the small size of 383 00:21:06.920 --> 00:21:10.400 the community, the salacious nature of the alleged crimes, and 384 00:21:10.480 --> 00:21:13.759 the severity of the charges he faces makes pulling an 385 00:21:13.839 --> 00:21:18.240 unbiased group of local people impossible, his lawyer and Taylor 386 00:21:18.400 --> 00:21:21.359 said in a two page filing file Tuesday posted to 387 00:21:21.400 --> 00:21:25.880 the public docket on Wednesday. Coburger is charged with stabbing 388 00:21:25.880 --> 00:21:29.279 to death for University of Idaho students in November of 389 00:21:29.319 --> 00:21:32.759 twenty twenty two, a crime that rock the quiet Idaho 390 00:21:32.960 --> 00:21:38.079 college hamlet of Moscow and garnered international attention because the 391 00:21:38.119 --> 00:21:40.759 crimes at home for so many who might one day 392 00:21:40.799 --> 00:21:44.640 be tasked with deciding Coburger's fate. His lawyer argues, simply 393 00:21:44.720 --> 00:21:47.880 enlarging the jury pool within Leita County will not do 394 00:21:48.000 --> 00:21:52.640 anything to overcome that pervasive prejudicial publicity, since the local 395 00:21:52.680 --> 00:21:56.200 population is too small and close knit to avoid the 396 00:21:56.240 --> 00:21:59.799 bias in the community toward their client, and so they 397 00:21:59.839 --> 00:22:02.720 need a jury from elsewhere, as well as moving the 398 00:22:02.759 --> 00:22:06.839 trial outside the area. Prosecutors have signaled that they do 399 00:22:06.920 --> 00:22:10.200 not agree that the national, if not international, attention the 400 00:22:10.279 --> 00:22:13.359 case is received makes moving it out of the county futile. 401 00:22:13.720 --> 00:22:16.720