Speaker 1: What's up everyone, and welcome back to the program. One
of the key factors for Brian Colberger's defense team is
going to be challenging all of the evidence that's been
compiled against him, and that evidence includes the upcoming testimony
that we're bound to get at the trial from Dylan Mortensen. Well,
Brian Colberger's team is going to look to absolutely destroy
that testimony. The whole idea is going to be to
punch holes in it. They're going to ask all the
same questions that people have been asking since these murders occurred,
and namely that starts and ends with why wasn't nine
to one one called right after this happened? And unfortunately, folks,
I don't have an answer for you. I don't know.
All I could do is speculate like everybody else. But
one thing that I'm relatively sure of is that the
prosecution has an answer for us. The only thing is
we're not going to hear that answer until we get
to trial because it's part of their overall case against
Brian Coberger. So I think that when all is said
and done and we get a better idea and more
context about what went down in the direct aftermath of
the murders and what took so long for the nine
to one one call to be made. I think things
are gonna be a lot more clear, but again that's
just my speculation. The truth is we just don't know yet.
One thing I do know is that the defense is
going to do everything in their power to punch holes
in what Dylan Mortenson is going to say. And remember
she didn't get a full look of Brian Kohberger, allegedly
he was wearing a mask, right, So it's just the
bushy eyebrows, the athletic build and then all of the
other evidence that came in the wake of that. And
for me, remember it's not just one bit of evidence.
It's not just the DNA, it's not just the pings
on the cell phone tower, it's not just the knife sheath.
It's all of it in its totality. And when you
look at all of the evidence in its totality and
you see the bundle that they're bringing, it's very difficult
to look at that, at least in my opinion, and say,
you know what, Coburger has a legitimate out here. There's
some holes in what the prosecution's telling us because from
where I'm sitting that does not seem to be the case. Sure,
there's some questions that have not been answered, but holes
I don't see him. Today's article is from the New
York Post and the headline Brian Coberger's defense is going
to jump on surviving Idaho roommate Dylan Mortenson at the trial.
And there's no doubt that that's what they're going to do.
That's their job, and that also, by the way, helped
trigger the grand jury indictment against Brian Coberger. Remember the
preliminary hearings were coming up, and we had Brian Colberger's
team talking about subpoenas for Dylan Mortenson, Bethany Funk and
the rest of it. Well, the prosecution circumvented all of that,
and that's why they went to the grand jury to
get that indictment instead. They didn't want to show their hands,
and if they could avoid showing their hand at a
prelim hearing, so much the better. But I think a
lot of that was initiated by a Coberger's team talking
about them wanting to subpoena Bethany Funk and Dylan Mortenson.
This article was authored by Alissa Gusman. The University of
Idaho student who survived the Grizzly quadruple homicide that captured
the nation's attention last year, should prepare to be jumped
on by suspect Brian Colberger's defense when she testifies. A
trial expert told The Post, there's no doubt that she's
being prepared. What do you think William Thompson and the
rest of the team up in Idaho isn't preparing Bethany Well,
you don't think Dylan has talked to her own lawyer
and she's not being prepared for what's coming. She most
certainly is. However, you can only do so much prep
work before you're under live fire. And then, the words
of the great philosopher Iron Mike Tyson, everybody has a
plan until they get punched in the face. It no
matter if she is doing that prep work, if she's
being prepared by the prosecutors, by her own attorneys, It's
going to be a whole different ballgame when it's for real, right,
it always is. But the good news for Dylan is
all she has to do is get up there and
tell the truth because there's no amount of cross examination
that's going to change the facts. Dylan Mortenson survived the
November thirteenth, twenty twenty two massacre that left her friends
Madison Mogan, Kaylee Gonsalves, Xana Kernodle, and Xana Kernodle's boyfriend
Ethan Chapin dead. She came face to face with the
killer just moments after the bloody slaughter, telling authority she
saw a figure clad in black clothing and the mask
walking towards the homes back exit just after four am,
according to a police report. Another roommate, Bethany Funk, also
survived the horror, but Court TV executive producer Ted Rollins
told the Post he believes Mortenson's testimony will be central
to the trial, which kicks off later this month. No,
not kicking off later this month. In fact, we have
no idea when this trial's going to kick off. I
think Dylan is going to be big because the defense
is going to jump on her. Rallins fifty seven said Friday.
If she was so scared and she locked her door
and stayed in the room and she was frozen, like
she told investigators, then why didn't someone call nine to
one one for twelve hours? She'll be pivotal and I
agree that's going to be a focus for the defense.
Wouldn't you focus on that if you were a defense attorney,
Why the hell didn't someone call nine to one one?
What the hell's going on over there? My client didn't
do this. The only problem with that sort of argument
is the facts and the evidence are telling us that
your client did. And just to reiterate, they're not going
solely off of what Dylan or Bethany has to tell them.
They're using all of the evidence. In its totality. Her
testimony is a little bit of seasoning on top of
the stake, if you will. But there are zero doubts
that there's legitimate questions about the nine to one one
call and why nobody called nine to one one for
twelve hours, And as we talked about in the previous episode,
I think that's going to come out at trial. Unfortunately,
as of right now, we just don't have those answers. Rowlins,
who produced a Court TV documentary on Coburger airing Sunday,
said at the end of the day, her story will
be riveting and he believes she'll sway the jury to
her side. I agree with that it'll be riveting. The
jury's definitely going to be on her side, if you will,
after they hear the evidence, and especially after they start
seeing some of these slide shows that are being put
together by the prosecution. Her story is right out of
a horror movie. He said what she went through was
off the charts traumatic. She's a kid that has been
put in a horrible position, and I think that her
story is going to help the prosecution a lot. I
think it's going to ask a little bit, but I
don't know if I'm on board with her testimony being pivotal.
I think it's going to be important to establish that
Coburger could have been in that house, considering the description,
the bushy eyebrows and the rest of it. But remember,
she didn't see him. She just saw somebody who looked
like him and who had bushy eyebrows. So his defense
team is definitely going to utilize that as part of
their strategy. As for Funk, who is fighting a subpoena
that would force her to testify, Rallins isn't sure her
story would have the same impact. Both girls were home
when Colberger allegedly tore through the off campus home, knifing
the four others in their beds prosecutors, they're seeking the
death penalty and just to fix the article here once again,
they weren't in their beds. Originally that was the story.
We were told that they were killed while they were sleeping,
but we now know that that wasn't the case, especially
after we found out where some of the bodies were
found and that Xana was awake for sure, Ethan woke up.
We know that Madison and Kaylee were killed in bed,
but besides that, we know that, unfortunately, some of these
kids were awake when this all went down. The two
girls were allegedly texting each other while the murders were happening.
Received an onslaught of hatred online, especially Mortensen, after it
was revealed no one called nine to one one for
several hours after the quadruple murders happened, and that's going
to be a huge point of contention. There is zero
doubt that the defense is going to make a giant
issue of the nine to one one call. For me,
though I look at it like I always say as
a jur Okay, well, the nine to one one call,
that is a little weird. But how did these murders happen?
Somebody killed these kids? Who was it? And if the
police are showing me all of this evidence as a
jur well, you better believe I'm going to take notice.
They have to have survivors guilt. Rallin said, these two
were so close theoretically to dying and they survived. Many
have speculated that the twenty eight year old criminology student's
defense will also pull out all the stops to remind
the jury that the home was known to be a
party home, explaining why his DNA was found there. Again,
you can try that until the cows come home, and
it sounds all fine and well, and it sounds damning
when you talk about it on the internet, but it
doesn't hold up to scrutiny. Sure people were at the house,
but it's about the knife sheath. Why was Brian Cohberger's
DNA on that knife sheath? How did it get into
the bed with two murdered girls? And I haven't even
started talking about all the other digital evidence that helps
bind it all together. So the party house stuff makes
for a cool story, but does it hold up under scrutiny?
In my opinion, it does not. I think that the
fact that he was in that area twelve times over
the five months p the murders. I would argue that
he had been in that house before, and that he
had gone into those girls rooms before, Ralind said. Criminal
defense attorney Jack Rice said in Jack Rowlin's documentary that
he too believes the defense could take this angle. And
I've said that from the beginning. They're gonna try and
utilize that. For sure. They're gonna say, look, people have
been into this house, and any number of them could
be the killer. But the big problem with all of
that is there's no evidence of any of that. However,
there's a ton of evidence we're talking Mount Everest High
that Brian Cohberger is the one who did it. And look,
like I always say, I leave enough headroom for shit
to go south. If somebody can provide some evidence that
shows that Brian Coohberger's DNA isn't on that knife sheath,
or give us a legitimate excuse for why that knife
sheath would be in that bedroom under murdered girls, then
I'll listen. But up until now I haven't heard one
bit of competent argument coming from that direction. One of
the most important parts of this case is the DNA
and what we know is that this is a party house,
Rice said in a clip exclusively obtained by The Post.
We know that there are hundreds of kids in this house.
It could have included him. And the thing is, if
he was in the house, are you suggesting that these
four know everybody who's been in there. I doubt that
all of a sudden you might have a completely different trial.
Not really, how are you explaining the DNA? See, that's
the thing. You can say all these kids are there,
and that the other thing. And if Brian Coberger's DNA
was just found on a wall or a plate down
in the kitchen, then I'd say, look, they don't have
enough here. This dude's gonna get off. But that's not
the case. There's no other DNA on the knife sheath.
There's no unknown male DNA on that knife sheath besides
one pattern. And that DNA pattern was traced directly to
Brian Coburger. So until they can explain that, all this
other stuff background noise. Colberger's defense team has also alleged
that the Pennsylvania native has an alibi, but has yet
to reveal exactly what it is. He has no alibi.
If he had one, we know about it. His attorney
Ann Taylor said over the summer, the alibi will more
than likely be revealed during witness cross examination. Oh okay, sure,
Ann Taylor, We're buying that, folks. Look, I highly doubt
that Brian Colberger is going to have a tangible alibi.
If he did, we know about it already. And as
far as jumping on Dylan Mortensen. As far as testimony,
that's expected. That's what defense attorneys do. Is it going
to be successful? Well, I have my doubts either way.
Will be your folks, every step of the way as
the State of Idaho continues to try to prove their
case against Brian Cohberger. All of the information that goes
with this episode can be found in the description box.