WEBVTT 1 00:00:00.080 --> 00:00:05.000 What's up, everyone, and welcome back to the program. One 2 00:00:05.000 --> 00:00:08.640 of the key factors that has been under discussion in 3 00:00:08.720 --> 00:00:13.279 the investigation into the Moscow murders and Brian Coohberger has 4 00:00:13.359 --> 00:00:16.559 been the gag order. It has been challenged not only 5 00:00:16.879 --> 00:00:20.920 by Kaylee Gonsalvez family's lawyer, Shannon Gray, but it has 6 00:00:20.960 --> 00:00:24.879 also been challenged by the media, and it's now working 7 00:00:24.920 --> 00:00:28.920 its way through the Supreme Court, and it's been rather contentious. 8 00:00:29.519 --> 00:00:32.240 Some of the filings that have been put on the 9 00:00:32.280 --> 00:00:37.119 court docket by both sides have been rather condescending, and 10 00:00:37.399 --> 00:00:41.640 especially coming from the State of Idaho and especially Brian 11 00:00:41.719 --> 00:00:46.200 Coohberger's defense team, which absolutely ripped Shannon Gray apart in 12 00:00:46.240 --> 00:00:49.799 these filings, basically saying he doesn't know what he's talking about. 13 00:00:50.280 --> 00:00:52.840 And it's always interesting to get a glimpse behind the 14 00:00:52.880 --> 00:00:55.679 scenes to what's going on in a case like this 15 00:00:56.039 --> 00:00:59.039 when there's a gag order, because we have no idea, 16 00:00:59.159 --> 00:01:01.439 right it's not like one of these cases where we're 17 00:01:01.479 --> 00:01:06.000 getting daily reports from the prosecution or the defense. Nobody's 18 00:01:06.000 --> 00:01:09.359 holding press conferences anymore. So the best way to follow 19 00:01:09.400 --> 00:01:12.040 along with all of this is to follow along with 20 00:01:12.079 --> 00:01:14.760 the court filings and see what they have to say, 21 00:01:15.840 --> 00:01:19.480 and so far it's been relatively contentious when it comes 22 00:01:19.519 --> 00:01:22.640 to this gag order, and I can understand why. I 23 00:01:22.640 --> 00:01:26.120 think there's a legitimate argument to be made on both sides. 24 00:01:26.319 --> 00:01:29.120 I think that the First Amendment is something that should 25 00:01:29.159 --> 00:01:32.799 always be protected and something that should never be stepped on. 26 00:01:33.280 --> 00:01:36.319 But at the same time, I realize that Brian Colberger, 27 00:01:37.079 --> 00:01:40.439 he deserves a fair trial. He certainly deserves a fair shake, 28 00:01:40.840 --> 00:01:44.000 and he deserves to have a jury that is impartial. 29 00:01:44.439 --> 00:01:47.599 And even with that impartial jury, I don't think it'll 30 00:01:47.640 --> 00:01:52.040 matter because the evidence certainly is lining up against Brian Colberger. 31 00:01:53.159 --> 00:01:55.719 So today we're going to dive into an article from 32 00:01:55.799 --> 00:01:59.079 Newsweek and we're gonna get a quick update on some 33 00:01:59.120 --> 00:02:02.040 of the key develops mints from the past few days. 34 00:02:02.719 --> 00:02:05.879 So let's dive into this article and let's see what 35 00:02:06.079 --> 00:02:12.000 author Kalida Rockman has for US headline Brian Coberger gag 36 00:02:12.080 --> 00:02:18.319 order and other key developments from the investigation. Defense attorneys 37 00:02:18.319 --> 00:02:22.080 for Brian Colberger, the man accused of murdering for University 38 00:02:22.080 --> 00:02:25.479 of Idaho students, asked the Idaho Supreme Court this week 39 00:02:25.759 --> 00:02:29.000 to keep a gag order in place and They also 40 00:02:29.199 --> 00:02:33.080 argued during those court filings that the Supreme Court was 41 00:02:33.080 --> 00:02:36.560 not the proper forum to even chase this rid of mandamus. 42 00:02:37.159 --> 00:02:39.719 They're saying that they should have tried to pursue this 43 00:02:40.120 --> 00:02:43.280 at the magistrate court level, and they just bunny hopped 44 00:02:43.280 --> 00:02:46.120 all of that and went directly to the Supreme Court 45 00:02:46.360 --> 00:02:50.120 looking for redress. And that's not the proper forum, according 46 00:02:50.159 --> 00:02:55.240 to the State of Idaho and to Brian Cohberger's attorneys. Coburger, 47 00:02:55.439 --> 00:02:58.319 twenty eight, is accused of breaking into a rental home 48 00:02:58.560 --> 00:03:03.319 near the university campus in Moscow and fatally stabbing Kaylee Gunsalves, 49 00:03:03.599 --> 00:03:08.159 Madison Mogan, Xana Kernodle, and Ethan Chapin in the early 50 00:03:08.199 --> 00:03:13.120 hours of November thirteenth, of twenty twenty two. Colberger is 51 00:03:13.240 --> 00:03:16.120 charged with four counts of first degree murder and one 52 00:03:16.199 --> 00:03:19.439 count of felony burglary. He has yet to enter a 53 00:03:19.479 --> 00:03:23.719 plea to the charges, but a lawyer who previously represented 54 00:03:23.800 --> 00:03:27.960 him said he was eager to be exonerated. And you notice, 55 00:03:28.000 --> 00:03:31.080 it's funny, we haven't heard anything from Labar since the 56 00:03:31.120 --> 00:03:34.960 expanded gag order. Right, seems like Labar was on the 57 00:03:35.000 --> 00:03:38.560 circuit talking about Brian Colberger all the time, and then 58 00:03:38.599 --> 00:03:42.000 that expanded gag order comes down and we hear nada 59 00:03:42.240 --> 00:03:47.199 coming out of Labar. Prosecutors have not yet revealed if 60 00:03:47.240 --> 00:03:50.439 they intend to seek the death penalty, and a preliminary 61 00:03:50.439 --> 00:03:54.039 hearing is scheduled for late June. Now we're gonna learn 62 00:03:54.039 --> 00:03:57.039 a lot more at that preliminary hearing, but we're not 63 00:03:57.039 --> 00:03:59.919 gonna get all of the information that some people think 64 00:04:00.240 --> 00:04:04.000 going to get. Instead, the hearing's going to be exactly 65 00:04:04.000 --> 00:04:06.759 what it says. It's going to be a preliminary hearing, 66 00:04:07.319 --> 00:04:10.719 gonna get some of the groundwork put in place, probably 67 00:04:10.759 --> 00:04:13.439 get a few more court dates locked in, and just 68 00:04:13.560 --> 00:04:17.360 basically setting the tone for what's to come. And we 69 00:04:17.439 --> 00:04:19.680 all know that this is going to be a lengthy trial, 70 00:04:19.879 --> 00:04:22.839 a lengthy process, and I wouldn't be shocked to even 71 00:04:22.879 --> 00:04:26.040 see it start next year. A lot of times when 72 00:04:26.040 --> 00:04:28.920 you have these high profile cases, that's what you'll see. 73 00:04:29.240 --> 00:04:31.519 And as far as looking for the death penalty, I 74 00:04:31.639 --> 00:04:35.199 definitely think that the prosecution is going to attempt to 75 00:04:35.240 --> 00:04:38.560 attain a death penalty conviction here. I mean, if you 76 00:04:38.600 --> 00:04:41.000 have the death penalty on the books and you don't 77 00:04:41.040 --> 00:04:44.160 go after it in a quadruple murder, then when the 78 00:04:44.199 --> 00:04:46.120 hell are you going to use it? You might as 79 00:04:46.120 --> 00:04:48.319 well just take it off the books and be done 80 00:04:48.360 --> 00:04:48.639 with it. 81 00:04:48.720 --> 00:04:48.920 Right. 82 00:04:49.240 --> 00:04:50.959 If you're not going to try a guy like this 83 00:04:51.279 --> 00:04:54.279 who allegedly murdered four people in their beds, then I 84 00:04:54.360 --> 00:04:57.959 have no idea when this rule would apply, because it 85 00:04:58.040 --> 00:05:00.040 seems to me that if you're ever going to you 86 00:05:00.160 --> 00:05:05.000 use the death penalty, now would be the time. Here, 87 00:05:05.160 --> 00:05:09.279 Newsweek rounds up the latest developments. Defense attorneys set a 88 00:05:09.360 --> 00:05:12.519 challenge to the order filed by the Associated Press and 89 00:05:12.680 --> 00:05:17.720 dozens of other news organizations is premature. What the media 90 00:05:17.800 --> 00:05:21.360 really seeks here is a procedural victory, knowing full well 91 00:05:21.560 --> 00:05:25.000 it cannot win on the merits of any test given 92 00:05:25.040 --> 00:05:29.399 the pervasive and grow tesquely twisted nature of media coverage 93 00:05:29.519 --> 00:05:32.720 that has occurred thus far. Jay Weston Lodgson with the 94 00:05:32.800 --> 00:05:36.279 Cootney County Public Defender's Office wrote in the court document, 95 00:05:36.759 --> 00:05:39.600 and what they're trying to do is sow the seeds right, 96 00:05:39.959 --> 00:05:43.360 so the seeds for later on so they can appeal. Oh, 97 00:05:43.439 --> 00:05:47.079 there was an extreme prejudice against Brian Kolberger. He didn't 98 00:05:47.079 --> 00:05:52.959 get a fair shake. The media grotesquely covered the case, YadA, YadA, YadA. Meanwhile, 99 00:05:53.160 --> 00:05:55.839 it's the same thing the media does with every single 100 00:05:55.920 --> 00:06:00.680 high profile case. Look what happened with Alec Murda. He 101 00:06:00.759 --> 00:06:02.920 got a fair trial, Right. They were able to find 102 00:06:02.920 --> 00:06:05.360 some jurors that were impartial in his case. 103 00:06:05.439 --> 00:06:05.639 Right. 104 00:06:06.800 --> 00:06:08.240 So you mean to tell me you don't think they're 105 00:06:08.279 --> 00:06:11.040 going to be able to do the same for Brian Coberger. 106 00:06:11.399 --> 00:06:14.199 Of course they are. But what his legal team's going 107 00:06:14.279 --> 00:06:17.199 to say, and they're setting the tone for that right now, 108 00:06:17.639 --> 00:06:20.000 is that there's no way in hell that the jury 109 00:06:20.040 --> 00:06:23.199 pool that's selected is not going to be tainted. And 110 00:06:23.240 --> 00:06:26.839 that's just bs. While it's certainly a concern that you 111 00:06:26.920 --> 00:06:30.319 don't find jurors who are already swayed one way or 112 00:06:30.399 --> 00:06:33.399 the other, I think that when all is said and done, 113 00:06:33.519 --> 00:06:36.399 they'll be able to find impartial jurs and I think 114 00:06:36.399 --> 00:06:40.040 Brian Coberger's legal team knows that as well. But they're 115 00:06:40.079 --> 00:06:42.600 going to set the tone and they're going to try 116 00:06:42.639 --> 00:06:45.839 and set the table for later on during the appeal process. 117 00:06:46.560 --> 00:06:49.519 He did not cite any examples of what he believes 118 00:06:49.920 --> 00:06:54.600 to be twisted coverage. In January, Leyta County Magistrate Judge 119 00:06:54.639 --> 00:06:58.839 Meghan Marshall issued the sweeping gag order, bringing attorneys, law 120 00:06:58.920 --> 00:07:03.519 enforcement agencies, and others associated with the case from talking 121 00:07:03.600 --> 00:07:06.920 or writing about it. She later broadened it to also 122 00:07:07.000 --> 00:07:12.040 prohibit any attorneys representing survivors, witnesses, or the victims' family 123 00:07:12.040 --> 00:07:15.839 members from talking or writing about the case. Now, I 124 00:07:15.879 --> 00:07:18.720 know there was some talk about the family members not 125 00:07:18.759 --> 00:07:21.079 being able to speak with the media, but when you 126 00:07:21.120 --> 00:07:24.160 read the gag order and what Judge Marshall said, it 127 00:07:24.240 --> 00:07:26.839 seems that the only people who are really restricted by 128 00:07:26.920 --> 00:07:30.279 that gag order are the lawyers for the family members, 129 00:07:30.680 --> 00:07:33.920 And in the court filings that we've looked at, Judge 130 00:07:33.920 --> 00:07:36.319 Marshall has made a point of saying that that it's 131 00:07:36.319 --> 00:07:38.639 not the family members who are hit with the gag order, 132 00:07:38.920 --> 00:07:42.759 it's just the people who are directly involved, meaning lawyers 133 00:07:43.000 --> 00:07:44.240 and agents of the court. 134 00:07:45.279 --> 00:07:47.439 So that might work to the court's. 135 00:07:47.120 --> 00:07:50.319 Benefit in front of the Supreme Court as they're looking 136 00:07:50.399 --> 00:07:53.360 at what's going on here with that gag order, and 137 00:07:53.480 --> 00:07:55.519 it's going to be their job to walk that fine 138 00:07:55.519 --> 00:08:00.680 line between what's constitutional and what's not. The coalition of 139 00:08:00.720 --> 00:08:04.680 news organizations contends the order violates the right to free 140 00:08:04.720 --> 00:08:10.279 speech Coburger's representatives contend the order essentially requires the attorneys 141 00:08:10.439 --> 00:08:14.079 involved in the case to act ethically to ensure Coberger 142 00:08:14.120 --> 00:08:17.040 gets a fair trial. And again, that's another shot over 143 00:08:17.079 --> 00:08:20.920 the bow at Shannon Gray. And he's been a target 144 00:08:21.279 --> 00:08:25.480 of not only Brian Coberger's defense, but the state of Idaho. 145 00:08:25.959 --> 00:08:28.920 He's really rankled them from the very beginning. And the 146 00:08:28.959 --> 00:08:33.519 Gonsalvez family is not the favored people of the prosecutors 147 00:08:33.720 --> 00:08:36.600 of this case. We know that they've had a contentious 148 00:08:36.639 --> 00:08:40.879 relationship from the very beginning and that continues on with 149 00:08:41.000 --> 00:08:43.559 these court filings. You might not see it on TV, 150 00:08:44.000 --> 00:08:46.480 but when you read through the filings, you see just 151 00:08:46.519 --> 00:08:51.320 how contentious it is. Details of the item seized in 152 00:08:51.399 --> 00:08:55.480 the search more court documents were unsealed this week, revealing 153 00:08:55.519 --> 00:08:59.000 the item sees from Coburger's family home following his arrest 154 00:08:59.120 --> 00:09:02.440 there on the side number thirtieth. The document stated that 155 00:09:02.519 --> 00:09:05.360 a knife, a Smith and Weston pocket knife, and a 156 00:09:05.360 --> 00:09:09.120 Block twenty two handgun with three empty magazines were found 157 00:09:09.120 --> 00:09:13.519 at the home. A cell phone, an acer laptop, black gloves, 158 00:09:13.919 --> 00:09:17.639 blackface masks, a black hat, and several articles of dark 159 00:09:17.679 --> 00:09:21.480 colored clothing were also seized. Along with a book with 160 00:09:21.720 --> 00:09:26.720 underlining on page one eighteen. Now that's interesting. What book 161 00:09:26.759 --> 00:09:30.200 did they take and what was the underlining on page 162 00:09:30.200 --> 00:09:34.240 one eighteen That could provide a significant amount of evidence 163 00:09:34.480 --> 00:09:37.320 for the prosecutors, or on the flip side, it could 164 00:09:37.320 --> 00:09:40.399 mean nothing at all. We just don't know, But usually 165 00:09:40.399 --> 00:09:43.320 when they're seizing something like that with a search warrant. 166 00:09:43.399 --> 00:09:48.960 There's a reason why. Police also searched Coburger's honde a Lantra, 167 00:09:49.159 --> 00:09:52.000 the garage and a shed on the property. They took 168 00:09:52.039 --> 00:09:56.279 a door panel, seat cushions, headrests, a seat belt, a visor, 169 00:09:56.919 --> 00:09:59.639 and breaking gas pedals from the car, as well as 170 00:09:59.720 --> 00:10:03.720 hike boots, a shovel, goggles and other items. And up 171 00:10:03.799 --> 00:10:07.039 until this search warrant was executed, the other search warrants 172 00:10:07.039 --> 00:10:10.480 were pretty underwhelming as far as evidence that was recovered. 173 00:10:10.879 --> 00:10:13.639 Now we don't know what sort of DNA testing was 174 00:10:13.679 --> 00:10:16.600 done on that evidence, but as far as just the 175 00:10:17.159 --> 00:10:21.799 on the face look at it, it really wasn't much here. However, 176 00:10:22.159 --> 00:10:25.840 this is a treasure trove, an absolute treasure trove of evidence, 177 00:10:26.159 --> 00:10:28.960 and the fact that they took over sixty items tells 178 00:10:29.000 --> 00:10:30.799 you that there's a lot there. 179 00:10:32.320 --> 00:10:34.559 Coburger worked as a fish cutter. 180 00:10:35.120 --> 00:10:37.840 This week, it emerged that Coburger once had a job 181 00:10:38.039 --> 00:10:41.879 where he was taught to cut and filet fish. Charles Conklin, 182 00:10:41.960 --> 00:10:45.600 the owner of Big Brown Fish and pay Lakes in Effort, Pennsylvania, 183 00:10:45.879 --> 00:10:48.879 said Coburger was a teenager when he worked for him 184 00:10:49.000 --> 00:10:53.600 for four months in twenty eleven. Conkland noted that Coburger 185 00:10:53.840 --> 00:10:56.840 never got profision at his job and that he struggled 186 00:10:56.840 --> 00:10:59.720 to interact with customers. And that's something we've heard about 187 00:10:59.759 --> 00:11:03.639 Brian Coburger time and time again. He's had a problem socially. 188 00:11:04.200 --> 00:11:07.399 Wasn't really somebody who fit in and had a problem 189 00:11:07.679 --> 00:11:10.759 trying to make new friends and fit into groups. He 190 00:11:10.840 --> 00:11:13.639 wasn't able to make eye contact with customers and be 191 00:11:13.759 --> 00:11:16.279 friendly to them. And he never got good enough for 192 00:11:16.360 --> 00:11:19.600 us to allow him to fillate customers fish, Conklin said 193 00:11:19.639 --> 00:11:22.559 on News Nation. And he only worked there for three weeks, right, 194 00:11:22.879 --> 00:11:25.279 wasn't like he was there for a whole bunch of 195 00:11:25.279 --> 00:11:28.360 time and was some sort of long term employee. But 196 00:11:28.519 --> 00:11:30.960 it was like a little summer job. Go down to 197 00:11:31.000 --> 00:11:33.399 the lake. You could help the people with their fishing poles. 198 00:11:33.399 --> 00:11:37.120 All of that jazz and Brian Coberger and his anti 199 00:11:37.159 --> 00:11:40.240 social demeanor just wasn't cut out for it. And you 200 00:11:40.320 --> 00:11:43.559 see later on in life, even though Brian Koberger faked 201 00:11:43.559 --> 00:11:46.480 the funk pretty well throughout the years, at least while 202 00:11:46.519 --> 00:11:49.960 he was getting his masters and going after his education. 203 00:11:50.639 --> 00:11:53.639 But when you're disturbed like this, like the government says 204 00:11:53.639 --> 00:11:56.240 he is, you can only keep those demons at bay 205 00:11:56.279 --> 00:12:00.799 for so long before the mask eventually cracks and your 206 00:12:00.879 --> 00:12:05.399 true faith is revealed. All right, folks, that's gonna do 207 00:12:05.440 --> 00:12:07.960 it for this one. All of the information that goes 208 00:12:08.000 --> 00:12:12.320 with the episode can be found in the description box Judy, 209 00:12:13.399 --> 00:12:18.120 what's up everyone, and welcome back to the program. Judge 210 00:12:18.159 --> 00:12:22.519 Marshall up in Idaho decided to expand the gag order 211 00:12:23.120 --> 00:12:27.480 after there were some leaks or potential leaks regarding what 212 00:12:27.720 --> 00:12:30.240 was going on in the case, at least as far 213 00:12:30.320 --> 00:12:33.559 as some of the ties that Coburger might have had 214 00:12:33.600 --> 00:12:37.919 to some of the roommates, meaning Instagram ties, and then 215 00:12:38.240 --> 00:12:42.039 to hear about the mad Greek. Well, Judge Marshall, in 216 00:12:42.080 --> 00:12:45.960 response to that it would seem, expanded her gag order 217 00:12:46.399 --> 00:12:49.320 and made it covered not only the people that are 218 00:12:49.360 --> 00:12:53.120 working on the case, but the families and any lawyers 219 00:12:53.159 --> 00:12:56.840 that might be hired by the families. Well, now the 220 00:12:56.960 --> 00:13:00.919 national media and the local media is pushing back and 221 00:13:01.039 --> 00:13:04.320 saying that they are opposed to this gag order and 222 00:13:04.519 --> 00:13:07.759 they think that it is restrictive and that the public 223 00:13:07.840 --> 00:13:11.240 is entitled to know how everything is operating and to 224 00:13:11.320 --> 00:13:13.440 make sure that things are operating correctly. 225 00:13:14.000 --> 00:13:17.120 So there certainly is a fine line to walk. 226 00:13:17.159 --> 00:13:20.639 As far as what the public is entitled to and 227 00:13:20.720 --> 00:13:24.240 what needs to be kept secret or sealed so that 228 00:13:24.320 --> 00:13:27.360 the integrity of the case is not put into jeopardy. 229 00:13:27.639 --> 00:13:29.600 And that's going to be up to the judge to 230 00:13:29.639 --> 00:13:33.320 figure out. But with the media here getting together, it's 231 00:13:33.360 --> 00:13:35.639 going to make things a little more difficult for Judge 232 00:13:35.679 --> 00:13:39.120 Marshall to get these gag orders just slammed through. So 233 00:13:39.279 --> 00:13:42.840 let's dive into this article from the AP and let's 234 00:13:42.840 --> 00:13:46.840 see what Rebecca Boone, the author, has to say. Headline 235 00:13:47.200 --> 00:13:51.200 news outlets joined to oppose gag order in Idaho stabbing. 236 00:13:52.759 --> 00:13:56.240 Twenty two regional and national news organizations have formed a 237 00:13:56.240 --> 00:13:59.480 coalition to ask a judge to narrow a gag order 238 00:13:59.600 --> 00:14:03.120 in the Caseainst, a man accused of killing for University 239 00:14:03.120 --> 00:14:06.200 of Idaho students. So they're not asking for the gag 240 00:14:06.320 --> 00:14:08.960 order to be done away with. They want her to 241 00:14:09.039 --> 00:14:11.960 narrow it though. They don't want it to be something 242 00:14:11.960 --> 00:14:14.960 that is so far reaching and so broad. Meaning the 243 00:14:15.000 --> 00:14:19.279 media obviously they want the information, and what they'll say is, well, 244 00:14:19.320 --> 00:14:22.120 we want to make sure that the public's informed. And 245 00:14:22.200 --> 00:14:24.840 while that is the case, let's not forget that they 246 00:14:24.840 --> 00:14:27.399 want to make sure they're driving those clicks as well. Right, 247 00:14:29.159 --> 00:14:33.320 The coalition, which includes the Associated Press contends the press 248 00:14:33.399 --> 00:14:37.360 access to law enforcement officers and other officials involved in 249 00:14:37.399 --> 00:14:41.320 high stakes criminal cases provides the public with important context 250 00:14:41.639 --> 00:14:45.720 and a better understanding of how the criminal justice system operates. 251 00:14:45.960 --> 00:14:48.799 And I am on board with that because it's true, 252 00:14:48.919 --> 00:14:52.480 right we as the people, should have an idea about 253 00:14:52.480 --> 00:14:56.120 what's going on inside of those courtrooms, and a lot 254 00:14:56.159 --> 00:15:00.080 of these judges, unfortunately, run those courtrooms like this. They 255 00:15:00.120 --> 00:15:04.159 were modern day robber barons and those courtrooms are their fiefdoms. 256 00:15:04.919 --> 00:15:08.480 So it is important that the media has access to 257 00:15:08.679 --> 00:15:12.360 what's going on in most cases. But here we have 258 00:15:12.399 --> 00:15:14.519 to understand that there are some things that are a 259 00:15:14.519 --> 00:15:17.919 bit fragile, some things that have to be protected. And 260 00:15:18.000 --> 00:15:21.879 when you're talking about trying to make sure that it's 261 00:15:21.879 --> 00:15:24.960 a fair trial for the accused. I think it's very 262 00:15:25.039 --> 00:15:29.200 important that all steps are taken so that occurs. Even 263 00:15:29.200 --> 00:15:32.759 when it's somebody that we believe is guilty or somebody 264 00:15:32.799 --> 00:15:35.480 that you know is guilty, they are still afforded the 265 00:15:35.519 --> 00:15:38.360 same rights. And if they can't get a fair trial 266 00:15:38.600 --> 00:15:41.360 because of too much media attention, well that's not how 267 00:15:41.360 --> 00:15:45.279 it's supposed to work. So I understand completely what the 268 00:15:45.360 --> 00:15:48.679 judge wants to do. But at the same time, I'm 269 00:15:48.759 --> 00:15:53.000 big on transparency, and I think that everything that can 270 00:15:53.039 --> 00:15:56.000 be released should be released now. If you want to 271 00:15:56.039 --> 00:15:58.879 redact some of it, fine, but there should be no 272 00:15:58.960 --> 00:16:02.279 slow walking court documents, none of that stuff. Anything that 273 00:16:02.279 --> 00:16:05.399 should be public should be put into the public domain. 274 00:16:05.320 --> 00:16:06.960 Right away the second it's filed. 275 00:16:07.960 --> 00:16:11.080 Brian Koberger, twenty eight, is charged with four counts of 276 00:16:11.120 --> 00:16:14.519 first degree murder and burglary in connection with the stabbing 277 00:16:14.559 --> 00:16:18.720 deaths in Moscow, Idaho. Prosecutors have yet to reveal if 278 00:16:18.720 --> 00:16:21.639 they intend to seek the death penalty. Well, that'll come 279 00:16:21.679 --> 00:16:24.080 at the preliminary hearing, or at the very least we'll 280 00:16:24.120 --> 00:16:26.840 get more of an idea of what the game plan 281 00:16:26.919 --> 00:16:29.960 is going to be for the prosecution and for the 282 00:16:30.000 --> 00:16:33.120 defense because as of now, remember the only sort of 283 00:16:33.120 --> 00:16:35.840 hearing we've really had is for them to ask for 284 00:16:35.879 --> 00:16:38.559 a continuance. Basically, I want to wave my right to 285 00:16:38.600 --> 00:16:41.519 a speedy trial, and I want to get a pause 286 00:16:41.559 --> 00:16:44.679 put in here so I have some time. But besides that, 287 00:16:44.720 --> 00:16:50.360 we haven't heard anything at open court yet. The order 288 00:16:50.399 --> 00:16:54.679 is unnecessarily sweeping and broad and severely impedes the public's 289 00:16:54.759 --> 00:16:59.600 understanding of a significant criminal investigation that profoundly impacted the 290 00:16:59.639 --> 00:17:03.440 commune unity, said Josh Hofner, national news director for the 291 00:17:03.480 --> 00:17:07.720 Associated Press. And look, I agree one hundred percent. It 292 00:17:07.799 --> 00:17:11.279 is important that there is some transparency, and it's important 293 00:17:11.359 --> 00:17:11.720 that the. 294 00:17:11.720 --> 00:17:13.759 Media is able to tell the story. 295 00:17:14.279 --> 00:17:16.759 The problem is a lot of people in the media 296 00:17:17.079 --> 00:17:19.920 are scummy, and people don't trust what they have to 297 00:17:19.920 --> 00:17:26.440 say anyway. The bodies of Madison Mogan, Kelly Gonsavaz, Xanikernodle, 298 00:17:26.680 --> 00:17:31.440 and Ethan Chapin were found on November thirteenth, twenty twenty two, 299 00:17:31.519 --> 00:17:34.160 at a rental home across the street from the University 300 00:17:34.160 --> 00:17:38.559 of Idaho campus. The slayings shocked the rural Idaho community 301 00:17:38.880 --> 00:17:42.720 and neighboring Pullman, Washington, I think the whole entire country, honestly, 302 00:17:43.599 --> 00:17:47.440 where Coberger was a graduate student study in criminology at 303 00:17:47.599 --> 00:17:53.640 Washington State University. The case garnered widespread publicity, and earlier 304 00:17:53.680 --> 00:17:57.640 this month, Leta County Magistrate Judge Megan Marshall issued a 305 00:17:57.680 --> 00:18:02.400 gag order barring attorney's, law enforcement agencies and others associated 306 00:18:02.440 --> 00:18:06.000 with the case from talking about it. On Thursday, she 307 00:18:06.119 --> 00:18:11.319 broadened that gag order also prohibiting any attorneys representing survivors, witnesses, 308 00:18:11.720 --> 00:18:15.240 or the victim's family members from talking or writing about 309 00:18:15.279 --> 00:18:19.720 the case. So this is why the media obviously reacted 310 00:18:19.720 --> 00:18:22.640 the way they did, and to me, this signals that 311 00:18:22.720 --> 00:18:26.319 the people's story was correct and true. Now do I 312 00:18:26.400 --> 00:18:28.599 know that for sure, folks, I do not, and I 313 00:18:28.640 --> 00:18:30.759 won't sit here and blow smoke up your ass and 314 00:18:30.799 --> 00:18:33.079 act like I know for sure. But when you look 315 00:18:33.119 --> 00:18:36.160 at the whole entire thing and you look at it 316 00:18:36.200 --> 00:18:39.519 as a complete meal, it's rather obvious what's going on here. 317 00:18:40.680 --> 00:18:43.079 There is a balance between protecting the right to a 318 00:18:43.160 --> 00:18:46.200 fair trial for all parties involved and the right to 319 00:18:46.240 --> 00:18:49.759 free expression, as afforded under both the United States and 320 00:18:49.920 --> 00:18:54.559 Idaho Constitution, Marshall wrote in the amended Order, to preserve 321 00:18:54.599 --> 00:18:57.440 the right to a fair trial, some curtailment of the 322 00:18:57.480 --> 00:19:01.839 dissemination of information in this case is necessary and authorized 323 00:19:02.039 --> 00:19:06.039 under the law. Dan Shelley, the president of the Radio 324 00:19:06.119 --> 00:19:09.680 Television Digital News Association, said there are other ways to 325 00:19:09.799 --> 00:19:13.720 ensure a fair trial. The National Association is a member 326 00:19:14.039 --> 00:19:18.160 of the Coalition. So look, obviously the media has their 327 00:19:18.160 --> 00:19:22.680 own motivations here, but their motivations do dovetail with what 328 00:19:22.880 --> 00:19:26.720 the people should be able to see and hear. Now again, 329 00:19:26.920 --> 00:19:29.839 if there's stuff that should be sealed, then keep it sealed. 330 00:19:30.279 --> 00:19:32.559 But I'm not too much of a fan of an 331 00:19:32.599 --> 00:19:35.680 overall sweeping gag order such as this, to be honest 332 00:19:35.720 --> 00:19:39.000 with you, And we didn't even see a gag order 333 00:19:39.119 --> 00:19:41.559 like this, hell a gag order at all in the 334 00:19:41.559 --> 00:19:44.519 Glenn Maxwell trial. And you want to talk about infamy, 335 00:19:44.720 --> 00:19:48.759 We're talking about a trial that was just insane. It 336 00:19:48.880 --> 00:19:53.680 spanned continents, people were interested all over the world, and 337 00:19:53.839 --> 00:19:56.839 Judge Nathan didn't use a gag order at all in 338 00:19:56.880 --> 00:20:01.559 that case. Courts across this country are frequently able, even 339 00:20:01.599 --> 00:20:04.599 in the highest of high profile cases, to find ways 340 00:20:04.599 --> 00:20:07.599 to balance defendants rights with the rights of the public 341 00:20:07.799 --> 00:20:10.759 to have vital information, there is no reason why this 342 00:20:10.920 --> 00:20:14.720 court can't do the same, Shelley said. The media coalition 343 00:20:15.000 --> 00:20:19.240 includes several news outlets based nationally and in the Pacific Northwest, 344 00:20:19.680 --> 00:20:23.480 including The Seattle Times, The New York Times, The Idaho Statesman, 345 00:20:24.279 --> 00:20:30.599 Boise dev KHQ and Spokane, Washington, and KTVB and Boise, Idaho. 346 00:20:31.039 --> 00:20:34.680 The coalition is expected to file court documents opposing the 347 00:20:34.720 --> 00:20:36.519 gag order in the coming days. 348 00:20:36.759 --> 00:20:36.960 Now. 349 00:20:37.000 --> 00:20:39.920 I don't know how successful it's going to be, but 350 00:20:40.200 --> 00:20:41.680 it's certainly something that. 351 00:20:41.599 --> 00:20:43.200 The media has to do. 352 00:20:43.960 --> 00:20:46.920 If they feel like it's being restrictive and they can't 353 00:20:47.039 --> 00:20:50.359 tell the story, well, they're going to file and try 354 00:20:50.359 --> 00:20:52.839 and get the gag order removed. As far as it 355 00:20:52.920 --> 00:20:55.559 being successful, that's anyone's guests. 356 00:20:55.799 --> 00:20:57.119 Ready to want. 357 00:20:57.759 --> 00:21:01.359 The case drew worldwide attention, particularly from people who style 358 00:21:01.440 --> 00:21:05.079 themselves as sloths on social media sites. In the weeks 359 00:21:05.079 --> 00:21:09.160 before Coburger's arrest, some of those sleuths publicize their own 360 00:21:09.200 --> 00:21:13.359 theories about the slayings online. The theories often wrongly place 361 00:21:13.440 --> 00:21:17.519 the blame on the victim, surviving friends, relatives, or others. 362 00:21:18.119 --> 00:21:22.759 News organizations interviews with investigators often work to quash some 363 00:21:22.839 --> 00:21:27.200 of those rumors and counter misinformation spread online. And there's 364 00:21:27.240 --> 00:21:31.240 no doubt that if you want to combat misinformation, you 365 00:21:31.319 --> 00:21:35.119 got to be transparent. I've said this since the very beginning. 366 00:21:35.440 --> 00:21:38.000 The more secretive you are, the more room and air 367 00:21:38.079 --> 00:21:42.799 you're going to give for weird ass conspiracy theories to breathe. 368 00:21:42.880 --> 00:21:45.000 And that's just how it works when there's a lack 369 00:21:45.039 --> 00:21:48.279 of information, where when there's a lack of official information, 370 00:21:48.559 --> 00:21:51.119 people are going to make shit up. How many people 371 00:21:51.119 --> 00:21:54.119 have main character syndrome out there, where they think that 372 00:21:54.119 --> 00:21:58.079 they're the main character in every single story, even the 373 00:21:58.119 --> 00:22:02.480 ones that don't involve them. Such publicity often presents a 374 00:22:02.480 --> 00:22:06.039 conundrum for judges who work to protect the defendant's right 375 00:22:06.119 --> 00:22:09.759 to a fair trial. Courts sometimes feel that controlling the 376 00:22:09.759 --> 00:22:13.680 flow of information around a criminal case by forbidding those 377 00:22:13.720 --> 00:22:16.440 involved from talking about it is an effective way to 378 00:22:16.480 --> 00:22:20.440 limit publicity and help protect that fair trial right, but 379 00:22:20.960 --> 00:22:23.640 gag orders can infringe on the First Amendment rights of 380 00:22:23.680 --> 00:22:26.400 the public and of the people involved in the case. 381 00:22:27.079 --> 00:22:30.920 News organizations that cover the courts serve as a watchdog role, 382 00:22:31.279 --> 00:22:35.440 keeping the public informed about how the judicial branch operates, 383 00:22:35.799 --> 00:22:39.400 and they're not wrong about that. The whole entire idea 384 00:22:39.759 --> 00:22:42.920 and the whole entire premise behind the fourth estate, meaning 385 00:22:42.960 --> 00:22:45.440 the media is so that they can hold people in 386 00:22:45.519 --> 00:22:48.720 power to account. Now, they haven't really lived up to 387 00:22:48.759 --> 00:22:52.319 their obligations lately, let's be real, but there's no doubt 388 00:22:52.559 --> 00:22:55.759 that they should be holding people in power to account. 389 00:22:56.960 --> 00:23:01.039 Conversations with the officials involved in criminal cases helps journalists 390 00:23:01.160 --> 00:23:05.000 understand the nuances of legal arguments and the technical steps 391 00:23:05.000 --> 00:23:08.519 of court proceedings so their coverage can be fair and thorough, 392 00:23:08.759 --> 00:23:12.720 said Media Coalition member and Idaho Press Club Betsy Russell. 393 00:23:13.039 --> 00:23:13.960 Look, I agree with that. 394 00:23:15.319 --> 00:23:17.079 I want to be as open and fair here on 395 00:23:17.119 --> 00:23:20.880 the podcast as possible. Whatever evidence that's out there, I 396 00:23:20.920 --> 00:23:23.559 want to put into the catalog so you have access 397 00:23:23.599 --> 00:23:27.119 to it. Whether it be evidence that shows that the 398 00:23:27.119 --> 00:23:31.279 prosecution's case is weak or that the prosecution's case is 399 00:23:31.319 --> 00:23:35.000 a slam dunk. Either way, it's going to be added 400 00:23:35.000 --> 00:23:38.240 to the catalog here, and personally I feel like the 401 00:23:38.279 --> 00:23:41.279