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Speaker 1: What's up everyone, and welcome back to the program. Brian

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Koberger's trial is still quite a ways off, with the

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preliminary hearing being scheduled for about five months from now

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in June. But up until then, there's still a lot

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that's going to happen as far as this case progressing

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through the courts. Unfortunately, due to the gag order, we're

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not going to have access to the people who are

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prosecuting the case and who are defending Brian Coberger of

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these charges. So what we're going to have to do

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is rely on whatever we get as far as court

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filings and whatever rumbles we hear from people who are

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close to the case. So on today's episode, what we're

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going to do is take a look at what we

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might expect leading up to the trial of Brian Cohberger,

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and to do that, we're going to use an article

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from the Daily Evergreen, which is the student voice of

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Washington State University, headline explainer what to expect in State

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of Idaho versus Brian Coburger case. This article was authored

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by Punit Bassanti and Sadie Photo Vansa. With Brian Coberger's

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next court appearance scheduled five months from now. Experts weigh

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in on the possibilities of the case and what we

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can expect as this case unfolds. One thing I think

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we can expect is a lot more twists and turns.

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There's still a whole lot more about this that we

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don't even know about, and honestly, as the public, we've

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only scratched the surface of what's truly going on behind

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the scenes. And that goes for both sides. Right. You

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know that Brian Coberger's attorneys are hard at work, just

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like the prosecution. The question is what are they going

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to be able to drum up. You can only make

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so much out of so little, and unless they have

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something cooking on the back burner, meaning the defense, I

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just don't see any way out of this for Brian Coolberger.

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David Leroy, Idaho trial lawyer who specializes in criminal felony

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defense cases, said the prosecution will take the time allotted

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between now and the preliminary hearing to prepare witnesses and

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evidence to present at the hearing in order to show

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two things that there is probable cause to believe a

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crime was committed and that there is probable cause to

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believe that this defendant committed the crime. And we've already

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seen the first salvo, obviously from the prosecution with the

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probable cause Affidavid. They tipped their hand a little bit

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in that Affidavid, obviously because they had to get the

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judge to sign off. But there's no doubt that they

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held back evidence as far as other DNA evidence they

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have and the other strong evidence that they're going to

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unleash later on. So the prosecution is only going to

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give them just a little bit and then the real

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information dump will come during discovery. Meanwhile, the defense will

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be looking at the evidence provided in the arrest Affidavid,

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as well as discovery provided by prosecution, which may include

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police and expert opinion reports, photographs, and any other details

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involving the case. He said, So what will happen is

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they'll get this whole entire portfolio, if you will, of

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all of the details that have been compiled by the investigators,

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all of the evidence, how they compile that evidence, the

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chain of custody, which officers were working on, what part

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of the project, all of that, and then the defense

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what they're gonna do is they're going to unleash their

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own experts to go through all of that with a

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fine tooth comb and look for inconsistencies or things that

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might have been conducted improperly, as far as chain of

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custody or other procedures that the government has to abide by.

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I would expect the defense will be analyzing the details

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of the police reports, taking a look at the expert

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opinions and scientific laboratory reports, perhaps hiring their own experts

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to analyze those for them to prepare for that hearing

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and for a possible trial, Leroy said, And a lot

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of that comes down to money, right, If you have

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the right amount of money, you can hire as many

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experts as you want. For instance, if you're trying to

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get off of a rico case, meaning a racketeering case,

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forget it. You're looking at millions of dollars being spent

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on attorneys and experts, forensic accountants, you name it. And

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when you're talking about a quadruple homicide, you're certainly talking

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about a lot of different experts that are going to

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have to be brought in. So I don't know where

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Brian Kohberger is going to get all the money for

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all of these experts, or if the state of Idaho

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is going to give him a large budget where he

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is able to get that via taxpayer dollars. But either way,

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the defense is going to want their own specialists to

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take a look at all of this information that has

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been compiled and turned over as evidence. Even in simple cases,

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additional time can be requested and granted to allow for

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time to go over evidence. He said. It's not uncommon

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to ask for a delay. It is atypical to set

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the hearing out for six months, but certainly understandable in

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this case with all of the complicated fact patterns and

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different kinds of scientific evidence that we have, that both

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the defense and prosecution would want to analyze that evidence

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and prepare for cross examination. Leroy said, and I agree

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with that. This is a complex case with a lot

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of twists and turns, with very high stakes. We're talking

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about somebody who's possibly going to be facing the death penalty,

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So it's a good idea to make sure all of

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the evidence is solid, make sure that everything is ironclad.

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That way, when you bring it to the jury, there's

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no doubt. And of course the defense they're gonna be

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looking to go the opposite way, right, They're gonna be

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looking at punch holes in every last thing that is

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brought to the attention of the jury by the prosecution.

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Once all the evidence is presented at the preliminary hearing,

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the defendant will either be found by a judge who

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determines there is enough probable cause, or the defendant can

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waive their right to that hearing, in which case the

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defendant would then appear before a district judge and enter

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a plea. He said, there is a chance of another

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hearing held between now and the preliminary hearing if the

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defense or the prosecution has a request, but the next

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significant hearing will be the one held in June. Leroy said, so, yeah,

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that's the one that's going to set the table up.

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Until then, everything's gonna be procedural, like he was saying here,

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if there's some sort of issue, they might try and

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get in front of the judge, but a lot of

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this is going to be done with filings. So one

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side'll have a filing, then the other side will counter

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that filing with their own, and then the judge will

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have to make a decision. And there's going to be

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a bunch of that as we get to the point

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where we're at the trial now you'll save it now.

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It is also possible that both the prosecution and defense

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could ask for a change of venue. If granted, this

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would move the trial to a different Idaho county where

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there may be less publicity about the case, which would

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increase the likelihood of having an objective jury. He said,

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And I don't think we're going to see that, honestly.

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But however, we might see the judge pull a move

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like we saw Judge Goal pull down in Delphi and

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have jurors come in from a different county. Because if

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you move the whole entire operation, you're talking about a

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lot of money and people who might not be able

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to get to these hearings. Right, the family members, people

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who are affected, they have a right to show up

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at this trial and look at the acus and make

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sure that he's held accountable. So if you move it

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out of the jurisdiction, how are people supposed to do

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that with all of their other duties, work and school

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and all the rest of it. So I think a

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solid workaround will be to just mimic what happened down

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in Delphi. When New York Times reporter Nicholas Bogel Burroughs

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descended upon Layta County to cover the Moscow homicides with

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fellow reporter Mike Baker. He was met with a few surprises.

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Bogel Burroughs has had experience covering high profile crimes and

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court cases, from the Derek Chauvin to the Kyle Rittenhouse trials.

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He is familiar with approaching these cases. One thing you

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learn real quick covering this kind of stuff is that

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all of these places, meaning these counties, these districts, they

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all have different rules. So one courthouse might have a

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set of rules, and then the next courthouse has a

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completely different set of rules. And that's what mister bogel

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Burroughs found here. I think it's been somewhat unique, not

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without president, but somewhat unique to have this very broad

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gag order. He said, Yeah, Look, this gag order is

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certainly something that needs to be discussed, right. It's very

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broad and the scope of it is very large. So

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I don't know if it's going to stand as is,

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but as of now, these are the rules that everybody

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has to abide by as far as people who are

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working the case. The non dissemination order for the Coburger

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court case prohibits law enforcement the prosecuting and defense attorneys,

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as well as the attorneys for the victims and their

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families from speaking to the public or the media about

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the investigation. He said that while every case is different,

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in his experience, he has covered high profile trials with

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far less restrictive non dissemination orders. That's a fact. This

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is a very very restrictive order and it's certainly infringing

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on the First Amendment right of the American public. There

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is no doubt about that. But the judge believes that

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there is cause. So we'll have to see how it

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all works out, especially now with these media organizations getting

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into the fray. That's obviously done to protect the fairness

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of the proceedings, but also from a media perspective, of course,

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it creates a challenge in trying to learn more about

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the case, bogo Burrow said. He said that reporters just

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need to learn to abide by the non dissemination order

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and report on what they can while following it. That's

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the right way to go about it. Report on what

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you can follow along with the court filings, and fill

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in the blanks whenever there is some information that becomes available.

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Bogo Burrow said, when Coberger's first hearing came around. He

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was concerned because the seating inside the courtroom was first come,

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first serve. He arrived shortly after five am and found

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out that the hearing was going to be around nine

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thirty am. That's how a lot of these proceedings go.

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The Glenn Maxwell trial was also first come, first serve,

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but they had an overflow room for her trial. I

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don't know if they're going to do that here. My

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guess is the media will request that, but I'm not

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too sure. When he arrived in the courtroom, one of

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the rules was that they can only use pen and paper.

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Bogo Burrow said this rule is more common in federal

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courthouses than a county court. However, he knows every place

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is different. When covering high profile cases, bogo Burrows keeps

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in mind the tragedy at the center of them. He said,

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when you have fifty journalists in a room, I think

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sometimes people can forget how intensely difficult the legal proceedings

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are for the parties who were actually involved. Bogo Burrow said,

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there's no doubt that we have to keep in mind

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that these are real people and real lives. Were absolutely

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and tragically altered forever. Imagine waking up and your brother

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or your sister is no longer here. Imagine what that

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would do to your life, How it would shatter your

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whole entire perception of what the future is supposed to be.

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So whenever we're talking about cases like this, or talking

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about any situation that's affecting people's lives like this, we

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have to keep in mind that these are real people.

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So it's nice to hear that a national reporter from

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an outlet like The New York Times it recognizes that

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and keeps it in mind, because we all know how

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it goes for the legacy media. If it bleeds, it leads,

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and there's really nothing they won't do to get those clicks.

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So it's going to be interesting to see how the

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media reacts to this gag order. And it's certainly going

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to be interesting to see how the national media covers

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this moving forward. All right, folks, Well that's going to

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do it for this one. All of the information that

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goes along with this episode can be found in the

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description box