Speaker 1: What's up everyone, and welcome back to the program. In
this episode, we're going to continue on taking a look
at some of the new filings that have just been
filed to the docket by Anne Taylor in Moscow. And
in this episode we're going to start taking a look
at the declaration of Brian Edelman. I Brian Edelman, solemnly,
sincerely and truly declare and a firm as follows. I
am the co founder of Trial Innovations, Incorporated, a national,
full service jury research firm. I have worked as a
trial consultant for twenty years and have conducted pre trial
and post trial research on both criminal and civil cases
across the country. I've been retained as an expert in
over seventy cases that have received significant publicity and asked
to assess the impact of media coverage on the fairness
of the trial proceedings. Some of these cases that I've
been retained on include the State of Idaho versus Jonathan Renfro,
State of Idaho versus Gilberto Rodriguez, United States versus Cloud,
United States versus Sablin, United States versus Marilyn Moseby United
States versus Robert Bowers, State of Florida versus Nicholas Cruz
and the United States versus David de Pape, counsel for
the defendant in the state of Idaho versus Brian Coburger,
retain me to research and evaluate one whether there was
extensive and prejudicial pre trial publicity in Leaytah County surrounding
the killing of four students attending the University of Idaho
in Moscow, the community panic that ensued during the search
for the suspect, and the alleged evidence tying Brian Colberger
to the murders. Two determine if the media coverage is
impacted the defendant's ability to obtain a fair trial and
impartial jury in Layta County. Three evaluate potential bias in
alternate venues, and four, based on the findings, recommend appropriate
remedial measures, for example, a change of venue to protect
the Coburger's ability to be tried by affair and impartial jury.
As part of my analysis, I have value weighted relevant newsprint, television,
and social media coverage surrounding these events and conducted a
community attitude survey of four hundred residents in Leyta County.
Comparison surveys were conducted in Ada County, Canyon, and Bannett Counties.
It is my opinion that the residents in Leayta County
have been exposed to extensive prejudicial, pre trial publicity and
social media surrounding the murders of Kaili Gonsalvis Madison Mogan,
Xana Kernodle, and Ethan Schapin. The coverage of Brian Kolberger
included interviews with former friends and students, and old posts
from his social media accounts dating back to years. The
publicity painted a picture of a disturbed individual capable of
committing violence. The media also saturated the jury pool with
potential trial evidence and details, some of which proved to
be false and misleading that create a presumption of guilt.
The pre trial publicity is replete with references to GPS
phone data from the defendant's phone, video footage of the
alleged gate ghetaway vehicle reported to be his make and model,
evidence left by the killer at the crime scene, DNA results,
and erroneous connections to the victims. Much of this information
came directly from the probable cause afft David shared with
the media by Leytai County Prosecutor Bill Thompson during a
December thirtieth, twenty twenty, televised news conference with the media
in attendance, Mister Thomas encouraged them to share the true
facts with all of your readers, the watchers and listeners
and all the people who were interested and really need
to know what is going on. These killings and shockwaves
through the local community and generated a widespread panic during
the six week search for the killer. During this time,
there was tremendous pressure on law enforcement to find the
person responsible for the murders and share details about the
investigation with the public, With investigators reluctant to share information
before making an arrest. Rumors and misinformation proliferated via informal
communication channels and social media about the crimes EG. The
victims were bound and gagged, the killer called nine one
one and killer EG It was a driver who took
the victims home. The roommates were involved Coburger had killed before.
During this time, it was reported that detectives received two thousand,
six hundred and forty five email tips, two thousand, seven
hundred and seventy phone tips, and one thousand, eighty four
digital media submissions from the public. Residents remained on high
alert and feared that the killer could strike again. Many
students went home for the Thanksgiving break early and did
not return. On December tenth, University of Idaho spokeswoman Jody
Walker told the media that estimated twenty five percent to
forty percent of students had not yet returned to campus.
One of the victim's sisters encouraged students to go home
rather than risk their lives. To the students at the
University of Idaho that are still staying around campus, leave
Your grades are severely less important than your lives. Police
Chief Fry tried to reassure the public that everyone was safe,
and the Universe of Idaho drastically increased campus security. The
Moscow community joined together to support the victims and their families.
A candlelight vigil was held on campus and thousands of
stickers were handed out. Another candlelight vigil was held on
the one year anniversary of the murders. In addition, a
tree that serves as the centerpiece of Moscow's Friendship Square
was decorated with messages written by community members to honor
the four victims. During the holiday season, the Healing Garden
was inspired by the murders and created to memorialize all
students who had died while attending the university. The King
Rode home where the victims lived, was demolished based on
request from the student body. We heard from the students
in the area that they were ready for the house
to come down. However, the decision was met with criticism
and fomented another round of speculation and misinformation. A community
attitude survey was conducted to assess the impact of the
media coverage on the Leta County jerry pool. Approximately ninety
eight percent of the survey respondents were famili with the case.
In addition, community members are more than just pass familiar
with this crime. Approximately sixty eight percent of survey respondents
reported that they have followed the case somewhat or very closely,
with twenty nine percent falling into the latter category. In addition,
seventy nine percent of surveyrrespondents recognized at least five of
nine media items tested in the survey, and fifty two
percent new seven or more. Eighty one percent of those
familiar with the case had read, seen, or heard that
police found the knife sheath on the bed next to
one of the victims. And sixty seven percent were aware
that DNA was found on the sheath and it was
matched to Brian Colberger. In addition, eighty six percent of
Leta County survey respondents heard that the defendant own the
same type of car recorded on video driving in the
neighborhood where the killings occurred, and seventy nine percent new
that cell phone towered data purportedly show that Coburger made
several trips near the victims home months before the killings.
These findings are particularly concerning given that all these media items,
which came from the probable cause AFFI David mentioned during
a December thirtieth press conference, were significantly related to prejudgment.
For example, seventy two percent of Leta County prospective jurors
who knew that police found the knife sheath and seventy
five percent of those who heard there was DNA match
believe Coburger is guilty of murder. These findings put the
defendant at a distinct disadvantage at the start of a trial.
Many of the incriminating details widely reported in the media
are in dispute, including the claim that Coburger's vehicle is
placed near the crime scene by video footage and cell
tower data. However, the burden of proof is shifted to
the defendant, who must change jurors pre existing opinions regarding
the evidence against Coburger developed from exposure to bias media coverage.
The size of the venue is another important factor to
consider in this case. Sensational crimes are more likely to
have a longer lasting impact on the public's consciousness in
space smaller counties than in larger ones, where violent crimes
were more common. Informal communication channels, including social media, can
also have a greater effect in spreading rumors and misinformation
in smaller communities. Leayta County is the eleventh largest county
in Idaho, with just thirty two thousand, five hundred and
fifteen residents over the age of eighteen. In addition, sixty
six percent, or twenty one thousand, five hundred and ninety
eight of the country's jury eligible population reside in Moscow,
the community most impacted by these murders. Several rumors have
proliferated in Layta County. For example, survey respondents reported that
Coburger had a bad history with women, was responsible for
other murders in Pennsylvania and Washington, bragged about committing the
perfect murder and was acting strange after the murders. Others
reported that he was obsessed with one of the victims,
had dated or tracked locations at all times, and had
been in the house in the past. Survey respondents also
mentioned rumors about drugs, other suspects involved an online business
that was sexual in nature, and the parties at the
victim's house. The survey data show that the media coverage
has shifted the burden of proof to the defendant. Many
Leta County prospective jurors exposed to prejudicial media coverage hold
a presumption of guilt. Approximately sixty seven percent of survey
respondents who knew about the case reported that Brian Colberger
is guilty of murder, with twenty five percent indicating that
he is definitely guilty. The presumption of guilt increased to
eighty one percent for those who recognize seven or more
media items. In addition, fifty one percent of survey respondents
reported that Coburger would have a difficult time convincing them
that he is not guilty of murder, which increased to
sixty six percent for those who recognized seven or more
media items. Just nineteen percent reported that Coburger would not
have a difficult time convincing them of his innocence. As
for sentence, fifty two percent of survey respondents believe the
jury should sentence co oh Burger to death if he
is convicted, compared to twenty four percent who favor life
without the possibility of parole. The survey data also provide
insight into the extent of personal connections among Layta County
residents to Moscow, the University of Idaho, and these murders.
Approximately eighty eight percent of those familiar with this case
have talked about it or heard others talking about it
in person or online. In addition, seventy eight percent of
survey respondents live in Moscow or knew someone who lived
there at the time of the murders. Another twenty five
percent reported that they or a family member was a
student or employee at the University of Idaho in Moscow.
A sizeable percentage of the prospective jury pool was also
connected to the murder investigation. Approximately twenty two percent of
Layta County survey respondents are employed or know someone employed
by a law enforcement agency involved in the investigation. Layta
County residents lived in a perpetual state of fear during
the search for the killer. Many survey respondents reported that
they started locking their doors for the first time, and
parents feared for their children's lives. More than half fifty
six percent of survey respondents reported that they or someone
they know experienced higher levels of stress, anxiety, or of
fear during the manhunt. That number increased to sixty three
percent from Moscow residents. The comparison surveys also found significant
case recognition and bias across alternate venues. Approximately ninety percent
of Canyon County and eighty four percent of Bannet County
survey respondents were familiar with the case. The pre judgment
rate in Canyon and Bannitt Counties were also high. Sixty
nine percent of Canyon County and seventy six percent of
Bannet County residents familiar with the case reported that the
defendant was guilty of murder. Ada County is the largest
county in Idaho, with four hundred and six thousand, sixty
eight residents over the age of eighteen. Its population is
more than twelve times the size of Leta County. Approximately
ninety three percent of Ada County survey respondents have read, seen,
or heard about this case, and sixty eight percent believe
Coburger is guilty of murder. However, there were important differences
between the Lata and Ada County jerry pools. Ada County
residents are far less invested in the case than their
Leayta County counterparts. Only fifteen percent reported that they followed
the case very closely, compared to twenty nine percent of
perspective jurors in Lata County. They were also less familiar
with prejudicial media items. Approximately sixty three percent had read, seen,
or heard that police found a knife sheath on one
of the victim's beds, compared to eighty one percent in
Layta County. Fifty two percent had heard that DNA on
the knife sheath matched the defendant, fifteen percentage points lower
than their counterparts in Layta County. Ada County survey respondents
were also less familiar with prejudicial misinformation widely reported in
the coverage and disseminated via social media. For example, just
thirty five percent had heard that the defense and then
allegedly followed one of the victims on social media. All right,
we're gonna wrap up part one here, and in the
next episode dealing with the topic, we're gonna pick up
where we left off. All of the information that goes
with this episode can be found in the description box