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

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this episode, we're going to continue on taking a look

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at some of the new filings that have just been

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filed to the docket by Anne Taylor in Moscow. And

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in this episode we're going to start taking a look

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at the declaration of Brian Edelman. I Brian Edelman, solemnly,

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sincerely and truly declare and a firm as follows. I

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am the co founder of Trial Innovations, Incorporated, a national,

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full service jury research firm. I have worked as a

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trial consultant for twenty years and have conducted pre trial

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and post trial research on both criminal and civil cases

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across the country. I've been retained as an expert in

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over seventy cases that have received significant publicity and asked

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to assess the impact of media coverage on the fairness

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of the trial proceedings. Some of these cases that I've

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been retained on include the State of Idaho versus Jonathan Renfro,

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State of Idaho versus Gilberto Rodriguez, United States versus Cloud,

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United States versus Sablin, United States versus Marilyn Moseby United

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States versus Robert Bowers, State of Florida versus Nicholas Cruz

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and the United States versus David de Pape, counsel for

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the defendant in the state of Idaho versus Brian Coburger,

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retain me to research and evaluate one whether there was

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extensive and prejudicial pre trial publicity in Leaytah County surrounding

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the killing of four students attending the University of Idaho

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in Moscow, the community panic that ensued during the search

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for the suspect, and the alleged evidence tying Brian Colberger

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to the murders. Two determine if the media coverage is

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impacted the defendant's ability to obtain a fair trial and

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impartial jury in Layta County. Three evaluate potential bias in

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alternate venues, and four, based on the findings, recommend appropriate

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remedial measures, for example, a change of venue to protect

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the Coburger's ability to be tried by affair and impartial jury.

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As part of my analysis, I have value weighted relevant newsprint, television,

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and social media coverage surrounding these events and conducted a

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community attitude survey of four hundred residents in Leyta County.

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Comparison surveys were conducted in Ada County, Canyon, and Bannett Counties.

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It is my opinion that the residents in Leayta County

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have been exposed to extensive prejudicial, pre trial publicity and

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social media surrounding the murders of Kaili Gonsalvis Madison Mogan,

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Xana Kernodle, and Ethan Schapin. The coverage of Brian Kolberger

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included interviews with former friends and students, and old posts

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from his social media accounts dating back to years. The

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publicity painted a picture of a disturbed individual capable of

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committing violence. The media also saturated the jury pool with

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potential trial evidence and details, some of which proved to

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be false and misleading that create a presumption of guilt.

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The pre trial publicity is replete with references to GPS

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phone data from the defendant's phone, video footage of the

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alleged gate ghetaway vehicle reported to be his make and model,

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evidence left by the killer at the crime scene, DNA results,

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and erroneous connections to the victims. Much of this information

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came directly from the probable cause afft David shared with

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the media by Leytai County Prosecutor Bill Thompson during a

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December thirtieth, twenty twenty, televised news conference with the media

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in attendance, Mister Thomas encouraged them to share the true

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facts with all of your readers, the watchers and listeners

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and all the people who were interested and really need

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to know what is going on. These killings and shockwaves

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through the local community and generated a widespread panic during

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the six week search for the killer. During this time,

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there was tremendous pressure on law enforcement to find the

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person responsible for the murders and share details about the

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investigation with the public, With investigators reluctant to share information

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before making an arrest. Rumors and misinformation proliferated via informal

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communication channels and social media about the crimes EG. The

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victims were bound and gagged, the killer called nine one

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one and killer EG It was a driver who took

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the victims home. The roommates were involved Coburger had killed before.

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During this time, it was reported that detectives received two thousand,

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six hundred and forty five email tips, two thousand, seven

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hundred and seventy phone tips, and one thousand, eighty four

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digital media submissions from the public. Residents remained on high

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alert and feared that the killer could strike again. Many

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students went home for the Thanksgiving break early and did

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not return. On December tenth, University of Idaho spokeswoman Jody

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Walker told the media that estimated twenty five percent to

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forty percent of students had not yet returned to campus.

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One of the victim's sisters encouraged students to go home

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rather than risk their lives. To the students at the

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University of Idaho that are still staying around campus, leave

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Your grades are severely less important than your lives. Police

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Chief Fry tried to reassure the public that everyone was safe,

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and the Universe of Idaho drastically increased campus security. The

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Moscow community joined together to support the victims and their families.

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A candlelight vigil was held on campus and thousands of

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stickers were handed out. Another candlelight vigil was held on

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the one year anniversary of the murders. In addition, a

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tree that serves as the centerpiece of Moscow's Friendship Square

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was decorated with messages written by community members to honor

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the four victims. During the holiday season, the Healing Garden

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was inspired by the murders and created to memorialize all

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students who had died while attending the university. The King

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Rode home where the victims lived, was demolished based on

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request from the student body. We heard from the students

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in the area that they were ready for the house

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to come down. However, the decision was met with criticism

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and fomented another round of speculation and misinformation. A community

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attitude survey was conducted to assess the impact of the

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media coverage on the Leta County jerry pool. Approximately ninety

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eight percent of the survey respondents were famili with the case.

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In addition, community members are more than just pass familiar

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with this crime. Approximately sixty eight percent of survey respondents

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reported that they have followed the case somewhat or very closely,

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with twenty nine percent falling into the latter category. In addition,

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seventy nine percent of surveyrrespondents recognized at least five of

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nine media items tested in the survey, and fifty two

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percent new seven or more. Eighty one percent of those

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familiar with the case had read, seen, or heard that

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police found the knife sheath on the bed next to

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one of the victims. And sixty seven percent were aware

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that DNA was found on the sheath and it was

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matched to Brian Colberger. In addition, eighty six percent of

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Leta County survey respondents heard that the defendant own the

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same type of car recorded on video driving in the

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neighborhood where the killings occurred, and seventy nine percent new

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that cell phone towered data purportedly show that Coburger made

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several trips near the victims home months before the killings.

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These findings are particularly concerning given that all these media items,

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which came from the probable cause AFFI David mentioned during

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a December thirtieth press conference, were significantly related to prejudgment.

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For example, seventy two percent of Leta County prospective jurors

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who knew that police found the knife sheath and seventy

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five percent of those who heard there was DNA match

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believe Coburger is guilty of murder. These findings put the

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defendant at a distinct disadvantage at the start of a trial.

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Many of the incriminating details widely reported in the media

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are in dispute, including the claim that Coburger's vehicle is

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placed near the crime scene by video footage and cell

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tower data. However, the burden of proof is shifted to

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the defendant, who must change jurors pre existing opinions regarding

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the evidence against Coburger developed from exposure to bias media coverage.

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The size of the venue is another important factor to

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consider in this case. Sensational crimes are more likely to

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have a longer lasting impact on the public's consciousness in

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space smaller counties than in larger ones, where violent crimes

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were more common. Informal communication channels, including social media, can

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also have a greater effect in spreading rumors and misinformation

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in smaller communities. Leayta County is the eleventh largest county

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in Idaho, with just thirty two thousand, five hundred and

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fifteen residents over the age of eighteen. In addition, sixty

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six percent, or twenty one thousand, five hundred and ninety

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eight of the country's jury eligible population reside in Moscow,

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the community most impacted by these murders. Several rumors have

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proliferated in Layta County. For example, survey respondents reported that

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Coburger had a bad history with women, was responsible for

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other murders in Pennsylvania and Washington, bragged about committing the

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perfect murder and was acting strange after the murders. Others

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reported that he was obsessed with one of the victims,

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had dated or tracked locations at all times, and had

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been in the house in the past. Survey respondents also

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mentioned rumors about drugs, other suspects involved an online business

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that was sexual in nature, and the parties at the

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victim's house. The survey data show that the media coverage

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has shifted the burden of proof to the defendant. Many

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Leta County prospective jurors exposed to prejudicial media coverage hold

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a presumption of guilt. Approximately sixty seven percent of survey

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respondents who knew about the case reported that Brian Colberger

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is guilty of murder, with twenty five percent indicating that

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he is definitely guilty. The presumption of guilt increased to

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eighty one percent for those who recognize seven or more

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media items. In addition, fifty one percent of survey respondents

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reported that Coburger would have a difficult time convincing them

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that he is not guilty of murder, which increased to

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sixty six percent for those who recognized seven or more

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media items. Just nineteen percent reported that Coburger would not

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have a difficult time convincing them of his innocence. As

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for sentence, fifty two percent of survey respondents believe the

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jury should sentence co oh Burger to death if he

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is convicted, compared to twenty four percent who favor life

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without the possibility of parole. The survey data also provide

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insight into the extent of personal connections among Layta County

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residents to Moscow, the University of Idaho, and these murders.

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Approximately eighty eight percent of those familiar with this case

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have talked about it or heard others talking about it

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in person or online. In addition, seventy eight percent of

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survey respondents live in Moscow or knew someone who lived

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there at the time of the murders. Another twenty five

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percent reported that they or a family member was a

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student or employee at the University of Idaho in Moscow.

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A sizeable percentage of the prospective jury pool was also

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connected to the murder investigation. Approximately twenty two percent of

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Layta County survey respondents are employed or know someone employed

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by a law enforcement agency involved in the investigation. Layta

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County residents lived in a perpetual state of fear during

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the search for the killer. Many survey respondents reported that

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they started locking their doors for the first time, and

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parents feared for their children's lives. More than half fifty

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six percent of survey respondents reported that they or someone

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they know experienced higher levels of stress, anxiety, or of

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fear during the manhunt. That number increased to sixty three

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percent from Moscow residents. The comparison surveys also found significant

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case recognition and bias across alternate venues. Approximately ninety percent

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of Canyon County and eighty four percent of Bannet County

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survey respondents were familiar with the case. The pre judgment

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rate in Canyon and Bannitt Counties were also high. Sixty

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nine percent of Canyon County and seventy six percent of

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Bannet County residents familiar with the case reported that the

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defendant was guilty of murder. Ada County is the largest

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county in Idaho, with four hundred and six thousand, sixty

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eight residents over the age of eighteen. Its population is

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more than twelve times the size of Leta County. Approximately

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ninety three percent of Ada County survey respondents have read, seen,

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or heard about this case, and sixty eight percent believe

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Coburger is guilty of murder. However, there were important differences

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between the Lata and Ada County jerry pools. Ada County

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residents are far less invested in the case than their

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Leayta County counterparts. Only fifteen percent reported that they followed

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the case very closely, compared to twenty nine percent of

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perspective jurors in Lata County. They were also less familiar

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with prejudicial media items. Approximately sixty three percent had read, seen,

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or heard that police found a knife sheath on one

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of the victim's beds, compared to eighty one percent in

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Layta County. Fifty two percent had heard that DNA on

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the knife sheath matched the defendant, fifteen percentage points lower

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than their counterparts in Layta County. Ada County survey respondents

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were also less familiar with prejudicial misinformation widely reported in

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the coverage and disseminated via social media. For example, just

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thirty five percent had heard that the defense and then

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allegedly followed one of the victims on social media. All right,

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we're gonna wrap up part one here, and in the

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next episode dealing with the topic, we're gonna pick up

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where we left off. All of the information that goes

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with this episode can be found in the description box