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

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of the key factors for Brian Colberger's defense team is

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going to be challenging all of the evidence that's been

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compiled against him, and that evidence includes the upcoming testimony

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that we're bound to get at the trial from Dylan Mortensen. Well,

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Brian Colberger's team is going to look to absolutely destroy

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that testimony. The whole idea is going to be to

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punch holes in it. They're going to ask all the

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same questions that people have been asking since these murders occurred,

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and namely that starts and ends with why wasn't nine

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to one one called right after this happened? And unfortunately, folks,

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I don't have an answer for you. I don't know.

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All I could do is speculate like everybody else. But

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one thing that I'm relatively sure of is that the

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prosecution has an answer for us. The only thing is

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we're not going to hear that answer until we get

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to trial because it's part of their overall case against

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Brian Coberger. So I think that when all is said

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and done and we get a better idea and more

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context about what went down in the direct aftermath of

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the murders and what took so long for the nine

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to one one call to be made. I think things

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are gonna be a lot more clear, but again that's

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just my speculation. The truth is we just don't know yet.

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One thing I do know is that the defense is

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going to do everything in their power to punch holes

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in what Dylan Mortenson is going to say. And remember

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she didn't get a full look of Brian Kohberger, allegedly

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he was wearing a mask, right, So it's just the

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bushy eyebrows, the athletic build and then all of the

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other evidence that came in the wake of that. And

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for me, remember it's not just one bit of evidence.

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It's not just the DNA, it's not just the pings

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on the cell phone tower, it's not just the knife sheath.

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It's all of it in its totality. And when you

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look at all of the evidence in its totality and

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you see the bundle that they're bringing, it's very difficult

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to look at that, at least in my opinion, and say,

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you know what, Coburger has a legitimate out here. There's

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some holes in what the prosecution's telling us because from

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where I'm sitting that does not seem to be the case. Sure,

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there's some questions that have not been answered, but holes

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I don't see him. Today's article is from the New

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York Post and the headline Brian Coberger's defense is going

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to jump on surviving Idaho roommate Dylan Mortenson at the trial.

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And there's no doubt that that's what they're going to do.

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That's their job, and that also, by the way, helped

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trigger the grand jury indictment against Brian Coberger. Remember the

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preliminary hearings were coming up, and we had Brian Colberger's

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team talking about subpoenas for Dylan Mortenson, Bethany Funk and

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the rest of it. Well, the prosecution circumvented all of that,

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and that's why they went to the grand jury to

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get that indictment instead. They didn't want to show their hands,

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and if they could avoid showing their hand at a

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prelim hearing, so much the better. But I think a

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lot of that was initiated by a Coberger's team talking

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about them wanting to subpoena Bethany Funk and Dylan Mortenson.

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This article was authored by Alissa Gusman. The University of

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Idaho student who survived the Grizzly quadruple homicide that captured

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the nation's attention last year, should prepare to be jumped

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on by suspect Brian Colberger's defense when she testifies. A

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trial expert told The Post, there's no doubt that she's

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being prepared. What do you think William Thompson and the

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rest of the team up in Idaho isn't preparing Bethany Well,

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you don't think Dylan has talked to her own lawyer

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and she's not being prepared for what's coming. She most

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certainly is. However, you can only do so much prep

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work before you're under live fire. And then, the words

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of the great philosopher Iron Mike Tyson, everybody has a

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plan until they get punched in the face. It no

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matter if she is doing that prep work, if she's

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being prepared by the prosecutors, by her own attorneys, It's

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going to be a whole different ballgame when it's for real, right,

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it always is. But the good news for Dylan is

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all she has to do is get up there and

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tell the truth because there's no amount of cross examination

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that's going to change the facts. Dylan Mortenson survived the

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November thirteenth, twenty twenty two massacre that left her friends

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Madison Mogan, Kaylee Gonsalves, Xana Kernodle, and Xana Kernodle's boyfriend

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Ethan Chapin dead. She came face to face with the

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killer just moments after the bloody slaughter, telling authority she

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saw a figure clad in black clothing and the mask

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walking towards the homes back exit just after four am,

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according to a police report. Another roommate, Bethany Funk, also

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survived the horror, but Court TV executive producer Ted Rollins

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told the Post he believes Mortenson's testimony will be central

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to the trial, which kicks off later this month. No,

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not kicking off later this month. In fact, we have

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no idea when this trial's going to kick off. I

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think Dylan is going to be big because the defense

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is going to jump on her. Rallins fifty seven said Friday.

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If she was so scared and she locked her door

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and stayed in the room and she was frozen, like

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she told investigators, then why didn't someone call nine to

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one one for twelve hours? She'll be pivotal and I

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agree that's going to be a focus for the defense.

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Wouldn't you focus on that if you were a defense attorney,

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Why the hell didn't someone call nine to one one?

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What the hell's going on over there? My client didn't

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do this. The only problem with that sort of argument

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is the facts and the evidence are telling us that

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your client did. And just to reiterate, they're not going

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solely off of what Dylan or Bethany has to tell them.

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They're using all of the evidence. In its totality. Her

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testimony is a little bit of seasoning on top of

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the stake, if you will. But there are zero doubts

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that there's legitimate questions about the nine to one one

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call and why nobody called nine to one one for

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twelve hours, And as we talked about in the previous episode,

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I think that's going to come out at trial. Unfortunately,

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as of right now, we just don't have those answers. Rowlins,

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who produced a Court TV documentary on Coburger airing Sunday,

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said at the end of the day, her story will

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be riveting and he believes she'll sway the jury to

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her side. I agree with that it'll be riveting. The

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jury's definitely going to be on her side, if you will,

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after they hear the evidence, and especially after they start

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seeing some of these slide shows that are being put

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together by the prosecution. Her story is right out of

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a horror movie. He said what she went through was

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off the charts traumatic. She's a kid that has been

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put in a horrible position, and I think that her

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story is going to help the prosecution a lot. I

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think it's going to ask a little bit, but I

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don't know if I'm on board with her testimony being pivotal.

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I think it's going to be important to establish that

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Coburger could have been in that house, considering the description,

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the bushy eyebrows and the rest of it. But remember,

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she didn't see him. She just saw somebody who looked

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like him and who had bushy eyebrows. So his defense

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team is definitely going to utilize that as part of

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their strategy. As for Funk, who is fighting a subpoena

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that would force her to testify, Rallins isn't sure her

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story would have the same impact. Both girls were home

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when Colberger allegedly tore through the off campus home, knifing

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the four others in their beds prosecutors, they're seeking the

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death penalty and just to fix the article here once again,

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they weren't in their beds. Originally that was the story.

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We were told that they were killed while they were sleeping,

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but we now know that that wasn't the case, especially

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after we found out where some of the bodies were

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found and that Xana was awake for sure, Ethan woke up.

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We know that Madison and Kaylee were killed in bed,

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but besides that, we know that, unfortunately, some of these

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kids were awake when this all went down. The two

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girls were allegedly texting each other while the murders were happening.

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Received an onslaught of hatred online, especially Mortensen, after it

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was revealed no one called nine to one one for

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several hours after the quadruple murders happened, and that's going

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to be a huge point of contention. There is zero

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doubt that the defense is going to make a giant

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issue of the nine to one one call. For me,

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though I look at it like I always say as

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a jur Okay, well, the nine to one one call,

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that is a little weird. But how did these murders happen?

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Somebody killed these kids? Who was it? And if the

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police are showing me all of this evidence as a

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jur well, you better believe I'm going to take notice.

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They have to have survivors guilt. Rallin said, these two

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were so close theoretically to dying and they survived. Many

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have speculated that the twenty eight year old criminology student's

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defense will also pull out all the stops to remind

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the jury that the home was known to be a

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party home, explaining why his DNA was found there. Again,

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you can try that until the cows come home, and

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it sounds all fine and well, and it sounds damning

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when you talk about it on the internet, but it

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doesn't hold up to scrutiny. Sure people were at the house,

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but it's about the knife sheath. Why was Brian Cohberger's

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DNA on that knife sheath? How did it get into

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the bed with two murdered girls? And I haven't even

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started talking about all the other digital evidence that helps

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bind it all together. So the party house stuff makes

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for a cool story, but does it hold up under scrutiny?

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In my opinion, it does not. I think that the

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fact that he was in that area twelve times over

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the five months p the murders. I would argue that

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he had been in that house before, and that he

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had gone into those girls rooms before, Ralind said. Criminal

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defense attorney Jack Rice said in Jack Rowlin's documentary that

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he too believes the defense could take this angle. And

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I've said that from the beginning. They're gonna try and

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utilize that. For sure. They're gonna say, look, people have

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been into this house, and any number of them could

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be the killer. But the big problem with all of

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that is there's no evidence of any of that. However,

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there's a ton of evidence we're talking Mount Everest High

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that Brian Cohberger is the one who did it. And look,

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like I always say, I leave enough headroom for shit

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to go south. If somebody can provide some evidence that

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shows that Brian Coohberger's DNA isn't on that knife sheath,

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or give us a legitimate excuse for why that knife

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sheath would be in that bedroom under murdered girls, then

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I'll listen. But up until now I haven't heard one

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bit of competent argument coming from that direction. One of

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the most important parts of this case is the DNA

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and what we know is that this is a party house,

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Rice said in a clip exclusively obtained by The Post.

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We know that there are hundreds of kids in this house.

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It could have included him. And the thing is, if

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he was in the house, are you suggesting that these

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four know everybody who's been in there. I doubt that

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all of a sudden you might have a completely different trial.

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Not really, how are you explaining the DNA? See, that's

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the thing. You can say all these kids are there,

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and that the other thing. And if Brian Coberger's DNA

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was just found on a wall or a plate down

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in the kitchen, then I'd say, look, they don't have

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enough here. This dude's gonna get off. But that's not

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the case. There's no other DNA on the knife sheath.

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There's no unknown male DNA on that knife sheath besides

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one pattern. And that DNA pattern was traced directly to

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Brian Coburger. So until they can explain that, all this

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other stuff background noise. Colberger's defense team has also alleged

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that the Pennsylvania native has an alibi, but has yet

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to reveal exactly what it is. He has no alibi.

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If he had one, we know about it. His attorney

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Ann Taylor said over the summer, the alibi will more

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than likely be revealed during witness cross examination. Oh okay, sure,

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Ann Taylor, We're buying that, folks. Look, I highly doubt

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that Brian Colberger is going to have a tangible alibi.

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If he did, we know about it already. And as

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far as jumping on Dylan Mortensen. As far as testimony,

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that's expected. That's what defense attorneys do. Is it going

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to be successful? Well, I have my doubts either way.

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Will be your folks, every step of the way as

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the State of Idaho continues to try to prove their

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case against Brian Cohberger. All of the information that goes

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with this episode can be found in the description box.