WEBVTT 1 00:00:00.080 --> 00:00:03.919 Up, everyone, and welcome back to the program. In this episode, 2 00:00:03.960 --> 00:00:06.400 we're going to dive right back into those core documents, 3 00:00:06.639 --> 00:00:10.080 and we're going to start with the defendant second motion 4 00:00:10.400 --> 00:00:15.519 to compel Discovery Case number c R twenty nine DASH 5 00:00:15.560 --> 00:00:19.440 twenty two DASH zero zero zero two eight zero five 6 00:00:19.920 --> 00:00:22.760 the State of Idaho plaintiff versus Brian C. 7 00:00:22.960 --> 00:00:23.519 Coburger. 8 00:00:23.800 --> 00:00:28.600 The defendant comes now Brian C. Coburger buy and, through 9 00:00:28.600 --> 00:00:32.479 his attorney and C. Taylor, public defender, and pursuant to 10 00:00:32.560 --> 00:00:36.520 Idaho Criminal Rule sixteen F, hereby moves the Court to 11 00:00:36.759 --> 00:00:39.799 order the State to comply with the defendants first and 12 00:00:39.960 --> 00:00:45.399 second supplemental requests for discovery and Exhibit A and Exhibit 13 00:00:45.439 --> 00:00:49.200 B attached to the requests. The State has provided a 14 00:00:49.240 --> 00:00:53.799 significant amount of discovery materials and has provided written responses 15 00:00:53.960 --> 00:00:59.439 to the discovery requests. However, certain requests remain outstanding. As such, 16 00:00:59.600 --> 00:01:03.200 mister Hoburger requests in order for the State to disclose 17 00:01:03.560 --> 00:01:09.000 the following items included in defendants first and second supplemental 18 00:01:09.079 --> 00:01:15.640 Requests for Discovery. Number one Request one investigative reports and 19 00:01:15.760 --> 00:01:20.079 conclusions from all cell phone analysis, including but not limited to, 20 00:01:20.599 --> 00:01:25.120 any analysis conducted by police agencies, FBI, Cast Team. 21 00:01:25.280 --> 00:01:26.920 Or other Idaho authorities. 22 00:01:27.719 --> 00:01:31.439 The state has responded by listing page numbers and audio 23 00:01:31.599 --> 00:01:35.959 video file names of information and data provided to the 24 00:01:36.000 --> 00:01:39.719 defense in discovery. As of June thirteenth, twenty twenty three, 25 00:01:40.040 --> 00:01:44.640 Council for Mister Coberger has not received any investigative reports 26 00:01:44.760 --> 00:01:49.519 and conclusions of the analysis of this data conducted by 27 00:01:49.560 --> 00:01:55.120 police agencies. Two Request number four All footage provided to 28 00:01:55.200 --> 00:01:59.640 forensic examiners with FBI used to identify make and model 29 00:01:59.799 --> 00:02:04.519 of the vehicle. A, All reports generated related to the 30 00:02:04.599 --> 00:02:09.879 identification of the white Lantra. B All reports, communication and 31 00:02:10.000 --> 00:02:14.159 documentation related to the change in year of the white 32 00:02:14.159 --> 00:02:20.039 Alantra that was sought c CV of credentials of forensic examiners. 33 00:02:20.800 --> 00:02:23.879 The state has responded by listing various page numbers and 34 00:02:23.960 --> 00:02:26.319 file names of recordings. 35 00:02:25.719 --> 00:02:27.159 They have previously provided. 36 00:02:27.560 --> 00:02:32.039 However, they do not provide any reports generated, communications and 37 00:02:32.199 --> 00:02:35.240 documents relating to the change in year of the white 38 00:02:35.360 --> 00:02:40.039 Lantra or the CV or identity of the forensic examiner 39 00:02:40.240 --> 00:02:43.800 who identified this as the make and model of the vehicle. 40 00:02:44.840 --> 00:02:49.360 Three Request number seventeen. Please see Exhibit A to defendants. 41 00:02:49.400 --> 00:02:53.919 First Supplemental discovery request for specifics. The State has responded 42 00:02:54.080 --> 00:02:57.759 that they are attempting to obtain this information. If it exists. 43 00:02:57.840 --> 00:03:01.280 The State will comply with this request upon receipt. As 44 00:03:01.319 --> 00:03:05.159 of June fourteenth, twenty twenty three, Council for mister Coberger 45 00:03:05.400 --> 00:03:10.319 has not received this information. Number four Request twenty three 46 00:03:10.879 --> 00:03:14.719 Please see Exhibit A. To defendant's first supplemental discovery request 47 00:03:14.919 --> 00:03:19.759 for specifics, the State responded that they have provided AV 48 00:03:20.000 --> 00:03:23.960 zero zero zero one two three discovered on the thirtieth 49 00:03:24.080 --> 00:03:28.680 of March twenty twenty three. However, the provided recording is 50 00:03:28.719 --> 00:03:32.240 an in person interview with FBI agents rather than the 51 00:03:32.240 --> 00:03:37.360 phone interview done by Moscow Police. Five Request one oh 52 00:03:37.400 --> 00:03:41.039 nine identity of FBI special agent that is a member 53 00:03:41.199 --> 00:03:45.039 of the Cellular Analysis Survey team that was consulted with 54 00:03:45.159 --> 00:03:48.159 to determine the locations of the cell phone from eleven 55 00:03:48.240 --> 00:03:52.360 twelve and eleven thirteen, and all cast certification records and 56 00:03:52.439 --> 00:03:57.000 training records for the involved agents. The State objected to 57 00:03:57.039 --> 00:04:00.400 this request for the reason that this is outside the 58 00:04:00.439 --> 00:04:03.919 scope of I dot seed dot R dot sixteen. To 59 00:04:03.960 --> 00:04:07.680 the extent that the State intends to offer expert testimony, 60 00:04:07.759 --> 00:04:10.919 it will comply with I dot seed dot R sixteen 61 00:04:11.159 --> 00:04:15.960 Part B, Section seven. Mister Kolberger disagrees, as this information 62 00:04:16.319 --> 00:04:20.600 was largely relied upon in various warrants, including the arrest warrant. 63 00:04:21.160 --> 00:04:24.560 Information relied upon to secure search and arrest warrants is 64 00:04:24.639 --> 00:04:29.240 necessary to conduct analysis of the Fourth Amendment issues. Further, 65 00:04:29.600 --> 00:04:34.000 the entirety of the information could include materials required under Brady, 66 00:04:34.639 --> 00:04:38.920 Idaho Criminal Rule sixteen covers broader area than the evidentiary 67 00:04:39.040 --> 00:04:44.399 rules of admissibility. Six Requests one twenty and one forty 68 00:04:44.959 --> 00:04:48.040 all tips received by law enforcement relating to this case. 69 00:04:49.079 --> 00:04:53.079 The state has provided various tips throughout discovery. However, they 70 00:04:53.120 --> 00:04:57.240 are scattered in pieces throughout the discovery. A complete and 71 00:04:57.360 --> 00:05:01.879 chronological list of all tips has not been proved. Seven 72 00:05:02.480 --> 00:05:06.560 Request one thirty six all audio recordings relating to all 73 00:05:06.600 --> 00:05:10.519 search warrants obtained in this matter. The state has responded 74 00:05:10.560 --> 00:05:14.480 that they are attempting to obtain this information. If it exists. 75 00:05:14.959 --> 00:05:18.040 The state will comply with this request upon receipt. The 76 00:05:18.120 --> 00:05:21.759 defense has been provided with all photograph of a DVD 77 00:05:22.160 --> 00:05:25.920 entered into evidence as item four thirty five twenty three 78 00:05:26.160 --> 00:05:30.920 M zero zero eight five labeled as sw audio There 79 00:05:30.959 --> 00:05:34.680 is also notation that this DVD was copied to County 80 00:05:34.959 --> 00:05:40.079 on one thirteen, twenty three, Number eight Request one sixty 81 00:05:40.160 --> 00:05:45.240 four body cam recordings, notes, photographs and all information collected 82 00:05:45.519 --> 00:05:50.680 at the autopsies by Tolasin, Vargas and Gunnerson. The State 83 00:05:50.720 --> 00:05:53.800 responded that they do not have these items in its possession. 84 00:05:54.199 --> 00:05:57.319 Clarification is needed on if they exist and are still 85 00:05:57.360 --> 00:06:01.879 in the possession of another agency. Council requests that this 86 00:06:02.040 --> 00:06:06.519 motion be set for hearing in order to present oral argument, evidence, 87 00:06:06.560 --> 00:06:11.199 and or testimony in support thereof. Requested time is twenty minutes. 88 00:06:11.639 --> 00:06:15.000 This was dated on June fifteenth of twenty twenty three 89 00:06:15.240 --> 00:06:18.759 and was signed by Ann Taylor. The next document we 90 00:06:18.839 --> 00:06:22.759 have is the objection to the motion to stay proceedings 91 00:06:22.879 --> 00:06:26.560 by the State of Idaho. Case number c R twenty 92 00:06:26.639 --> 00:06:30.879 nine DASH twenty two DASH twenty eight oh five. Objection 93 00:06:31.000 --> 00:06:34.800 to motion to state proceedings State of Idaho Plaintiff versus 94 00:06:34.800 --> 00:06:39.160 Brian Colberger. The defendant comes now the State of Idaho, 95 00:06:39.399 --> 00:06:42.800 by and through the Layta County Prosecuting Attorney, and objects 96 00:06:42.800 --> 00:06:46.480 to Defendant's motion to state proceedings for the following reasons. 97 00:06:46.759 --> 00:06:52.360 Defendant's motion should be denied background. On May sixteenth, twenty 98 00:06:52.399 --> 00:06:55.879 twenty three, defendant was indicted by a Leayta County grand 99 00:06:55.959 --> 00:06:59.439 jury of four counts of first degree murder and one 100 00:06:59.519 --> 00:07:03.920 count of burglary. Three days later, on May nineteenth, defendant 101 00:07:03.920 --> 00:07:08.360 filed the motion requesting release of grand jury materials under 102 00:07:08.600 --> 00:07:12.720 qualified protected order, motion to enlarge time to file pre 103 00:07:12.800 --> 00:07:16.600 trial motions, and motion to make available the record of 104 00:07:16.680 --> 00:07:20.279 all proceedings of the grand jury. On May twenty sixth, 105 00:07:20.319 --> 00:07:23.879 the state filed its response to Defendant's motion to enlarge time. 106 00:07:24.439 --> 00:07:27.040 The state noted that it did not object to Defendant's 107 00:07:27.040 --> 00:07:30.360 motion to enlarged time and went a step further by 108 00:07:30.439 --> 00:07:34.920 concurring in his request for additional time. On May thirtieth, 109 00:07:35.160 --> 00:07:38.720 the state filed its response to Defendant's motions regarding grand 110 00:07:38.800 --> 00:07:42.959 jury record and transcript and a proposed order for preparation 111 00:07:43.319 --> 00:07:47.120 and release of transcript and record of grand jury proceedings 112 00:07:47.319 --> 00:07:51.279 with conditions as noted in that response. The state had 113 00:07:51.399 --> 00:07:55.519 also provided a proposed stipulation to Defendant's council on May 114 00:07:55.560 --> 00:07:58.680 twenty fifth, after the parties were unabled to reach an 115 00:07:58.680 --> 00:08:02.079 agreement as to the scope of grand jury materials that 116 00:08:02.120 --> 00:08:05.759 would be subject to release. The State submitted its supplemental 117 00:08:05.800 --> 00:08:10.639 response to Defendant's motions regarding grand jury record and transcript 118 00:08:10.879 --> 00:08:14.600 on June sixth. On June thirteenth, the defendant filed a 119 00:08:14.680 --> 00:08:19.279 reply to state supplemental response to Defendant's motions regarding grand 120 00:08:19.360 --> 00:08:24.759 jury record and transcript, addressing the substantive legal arguments that 121 00:08:24.800 --> 00:08:29.240 State set forth in its June sixth supplemental response. Also 122 00:08:29.600 --> 00:08:33.039 on June thirteenth, the defendant filed a motion to stay proceedings. 123 00:08:33.480 --> 00:08:37.679 Defendant asserts that he intends to contest the indictment defense 124 00:08:37.720 --> 00:08:40.480 motion to stay Page two, and ask this court to 125 00:08:40.519 --> 00:08:43.600 stay the matter so that he may discover the grounds 126 00:08:43.840 --> 00:08:47.360 upon which to file a motion to dismiss related to 127 00:08:47.440 --> 00:08:51.639 the how the grand jury was selected Idaho at two 128 00:08:51.639 --> 00:08:55.440 and three. In his motion to stay, Defendant relies solely 129 00:08:55.720 --> 00:08:59.440 on Idaho Code Section two dash two thirteen. 130 00:09:00.320 --> 00:09:00.720 Argument. 131 00:09:01.320 --> 00:09:05.559 Defendant's reliance on Idaho Code Section two thirteen is misplaced. 132 00:09:06.120 --> 00:09:08.919 The statute provides that a party can request a stay 133 00:09:08.919 --> 00:09:12.279 in proceedings where there has been a substantial failure to 134 00:09:12.320 --> 00:09:16.279 comply with the applicable law in selecting the grand jury 135 00:09:16.559 --> 00:09:20.840 or trial jury. Idaho Code two dash two thirteen, Section one. 136 00:09:21.320 --> 00:09:25.200 Under section two two thirteen, a motion to stay must 137 00:09:25.200 --> 00:09:28.399 contain a sworn statement of facts which, if true, would 138 00:09:28.399 --> 00:09:34.519 constitute a substantial failure to comply with this chapter Idaho Code, 139 00:09:34.679 --> 00:09:38.399 Section two to thirteen. Only after the court determines that 140 00:09:38.440 --> 00:09:42.080 a substantial failure to comply has occurred can the matter 141 00:09:42.200 --> 00:09:45.720 be stayed upon the motion filed under the sub section 142 00:09:45.759 --> 00:09:49.559 one of the section containing a sworn statement of facts which, 143 00:09:49.600 --> 00:09:53.600 if true, would constitute a substantial failure to comply with 144 00:09:53.720 --> 00:09:56.960 this chapter. The moving party is entitled to present in 145 00:09:57.039 --> 00:10:00.919 support of the motion the testimony of the jury commissioner 146 00:10:01.120 --> 00:10:04.759 or the clerk, any relevant records in papers not public 147 00:10:04.840 --> 00:10:08.519 or otherwise available used by the jury commissioner or the clerk, 148 00:10:08.919 --> 00:10:13.000 and any of the relevant evidence. If the Court determines that, 149 00:10:13.080 --> 00:10:16.200 in selecting either a grand jury or a trial jury, 150 00:10:16.519 --> 00:10:20.000 there has been a substantial failure to comply with this chapter, 151 00:10:20.399 --> 00:10:23.720 the Court shall stay the proceedings pending the selection of 152 00:10:23.759 --> 00:10:28.000 the jury in conformity with this chapter, quash an indictment, 153 00:10:28.480 --> 00:10:32.440 or grant other appropriate relief. As the plain language of 154 00:10:32.480 --> 00:10:35.240 the statute makes clear, a moving party must make a 155 00:10:35.279 --> 00:10:39.320 factual showing of substantial failure to comply with the statute, 156 00:10:39.559 --> 00:10:42.120 and only after a court makes a finding that such 157 00:10:42.159 --> 00:10:45.039 failure to comply occurred can the court stay the matter. 158 00:10:45.679 --> 00:10:49.240 Defendant's motion is deficient because he did not include a 159 00:10:49.240 --> 00:10:52.639 sworn statement of facts, which, if true, would constitute a 160 00:10:52.639 --> 00:10:57.080 substantial failure to comply with this chapter. Rather than include 161 00:10:57.080 --> 00:11:00.240 a sworn statement with this motion, defended asserts in a 162 00:11:00.240 --> 00:11:03.960 footnote that mister Coberger will comply with filing a sworn 163 00:11:04.000 --> 00:11:07.919 statement of facts in accordance with I dot ce dot 164 00:11:08.000 --> 00:11:11.440 two Dash two thirteen, as soon as he has the 165 00:11:11.480 --> 00:11:15.039 grand jury record. By including this promise to file a 166 00:11:15.080 --> 00:11:18.960 sworn statement in the future, Defendant implicitly concedes that his 167 00:11:19.080 --> 00:11:23.120 motion is deficient at the present because defendant has failed 168 00:11:23.120 --> 00:11:26.480 to comply with this key requirement of Idaho Code section 169 00:11:26.559 --> 00:11:31.159 two Dash two thirteen, his motion should be denied. Conclusion, 170 00:11:31.559 --> 00:11:34.639 Defendant asks this court to put the cart before the horse. 171 00:11:34.840 --> 00:11:37.519 Stay the case now, and Defendant will give the court 172 00:11:37.600 --> 00:11:41.080 a basis for this day later. The Court should decline 173 00:11:41.120 --> 00:11:44.360 to adopt this backward reading of the requirements of Idaho 174 00:11:44.480 --> 00:11:49.120 Code section two Dash two thirteen. Defendant's motion should be denied, 175 00:11:49.600 --> 00:11:52.960 respectfully submitted this fifteenth day of June, and this was 176 00:11:53.000 --> 00:11:56.399 signed by William Thompson. All Right, folks, that's going to 177 00:11:56.480 --> 00:11:58.399 do it for this one. All of the information that 178 00:11:58.440 --> 00:12:01.639 goes with the episode can be found in the description box. 179 00:12:03.080 --> 00:12:06.919 What's up, everyone, and welcome back to the program. In 180 00:12:07.000 --> 00:12:09.639 this episode, we're gonna jump right back into those court 181 00:12:09.679 --> 00:12:12.559 documents and we're going to take a look at some 182 00:12:12.720 --> 00:12:16.320 of the new filings to hit the docket. The first 183 00:12:16.320 --> 00:12:19.759 filing we're going to look at is the defendant's third 184 00:12:19.840 --> 00:12:25.240 motion to compel discovery, Case number CR twenty nine DASH 185 00:12:25.320 --> 00:12:30.000 twenty two DASH zero zero zero two eight zero five, 186 00:12:30.639 --> 00:12:33.240 State of Idaho, Plaintiff versus Brian C. 187 00:12:33.440 --> 00:12:34.039 Coberger. 188 00:12:34.240 --> 00:12:39.080 The defendant comes now Brian C. Coberger, buying through his 189 00:12:39.159 --> 00:12:44.080 attorney and C. Taylor, public defender, and pursueant to Idaho 190 00:12:44.240 --> 00:12:48.519 Criminal Rule sixteen f. Hereby moves the Court to order 191 00:12:48.679 --> 00:12:52.879 the State to comply with the defendants third supplemental Requests 192 00:12:52.879 --> 00:12:58.000 for Discovery, filed herein on or about May second, twenty 193 00:12:58.080 --> 00:13:02.759 twenty three. Mister Coberger requests and order for the State 194 00:13:03.000 --> 00:13:07.080 to disclose the following items included in the Defendant's third 195 00:13:07.159 --> 00:13:14.919 supplemental requests for discovery standard lab discovery three profiles uploaded 196 00:13:15.120 --> 00:13:18.879 to a DNA database. In the event that the case 197 00:13:18.919 --> 00:13:23.120 involves the upload of a DNA profile to either a local, 198 00:13:23.240 --> 00:13:29.559 state or national database, please provide all documentation maintained by 199 00:13:29.639 --> 00:13:35.360 the testing laboratory, including documentation maintained by Combined DNA Index 200 00:13:35.399 --> 00:13:41.039 System CODIS personnel within the laboratory, including profiles that have 201 00:13:41.120 --> 00:13:46.559 been identified as unknown males not the defendant. Three dot 202 00:13:46.600 --> 00:13:53.960 one documentation of all uploads, including interpretation, end or deconvolutions 203 00:13:54.000 --> 00:13:59.919 of mixed profiles, handwritten notes, spreadsheets, match estimator results, upload 204 00:14:00.840 --> 00:14:02.200 and code IS search forms. 205 00:14:03.120 --> 00:14:07.279 Three dot two. For each hit, Please provide match. 206 00:14:07.039 --> 00:14:12.120 Detail reports and long form candidate match reports for the hits, 207 00:14:12.320 --> 00:14:16.559 including partial hits and hits that are dispositioned to be 208 00:14:16.759 --> 00:14:21.240 non matching, even if the laboratory has dispositioned a profile 209 00:14:21.600 --> 00:14:26.200 as a hit. Three dot three any state manuals regarding 210 00:14:26.399 --> 00:14:31.840 the use of the SDIS and NDIS database systems. Three 211 00:14:31.879 --> 00:14:36.360 dot four Any hits made to any profile uploaded, even 212 00:14:36.399 --> 00:14:40.279 if they hit on individuals not the defendant and deemed 213 00:14:40.519 --> 00:14:44.679 to not be candidate matches, including hits to any unknown 214 00:14:44.720 --> 00:14:50.720 males identified via testing. The state has provided information related 215 00:14:50.759 --> 00:14:53.440 to this request for the DNA on the snap of 216 00:14:53.480 --> 00:14:58.840 the knife sheath only. The defense has requested all DNA profiles, 217 00:14:58.879 --> 00:15:02.799 including additional pro files developed during the course of law 218 00:15:02.879 --> 00:15:08.679 enforcement investigation. See Declarations of Council for mister Coburger, Bicka Barlow, 219 00:15:09.120 --> 00:15:16.799 and Steve Mercer, filed simultaneously. Number six Communications. Please provide 220 00:15:16.799 --> 00:15:20.919 a copy of all communications between the laboratory personnel and 221 00:15:21.080 --> 00:15:25.639 any other party with regard to biological testing in this case, 222 00:15:26.080 --> 00:15:32.279 including letters, memos, emails, texts, and records of telephone conversations. 223 00:15:32.320 --> 00:15:37.320 These materials should include communications with regard to outsourcing of 224 00:15:37.440 --> 00:15:43.960 DNA testing, statistical calculations, and DNA profiles uploaded to a database. 225 00:15:44.799 --> 00:15:49.960 All emails, text messages, electronic messages or other messages have 226 00:15:50.200 --> 00:15:54.639 not been provided. See Declarations of Council for Mister Colberger, 227 00:15:54.919 --> 00:16:02.399 bick A, Barlow, and Steve Mercer, filed simultaneously. Unexpected Results 228 00:16:02.440 --> 00:16:07.679 and Corrective Actions for each laboratory that performed DNA testing 229 00:16:07.960 --> 00:16:12.240 in this case, please provide copies of the laboratory's logs 230 00:16:12.320 --> 00:16:17.120 of unexpected results and corrective actions. The logs should be 231 00:16:17.159 --> 00:16:20.720 provided for the time period beginning six months before the 232 00:16:20.759 --> 00:16:24.679 start of testing and ending six months after the completion 233 00:16:25.080 --> 00:16:30.600 of testing. Documentation should be provided for unexpected result events 234 00:16:30.679 --> 00:16:36.440 that arose due to mechanical, chemical, and or analyst operations, 235 00:16:36.480 --> 00:16:42.919 including contamination, the presence of extraneous DNA sample handling errors, 236 00:16:43.200 --> 00:16:46.600 or any other reason. The logs should be provided for 237 00:16:46.759 --> 00:16:50.279 all laboratory personnel, not just the analysts who perform the 238 00:16:50.360 --> 00:16:54.440 testing in this case. Please note this is a request 239 00:16:54.480 --> 00:16:57.600 for the logs themselves, not just for the entries within 240 00:16:57.639 --> 00:17:02.360 the logs that pertain to this case. Unexpected results and 241 00:17:02.480 --> 00:17:06.279 corrective actions were requested for the six months before and 242 00:17:06.359 --> 00:17:10.440 six months after testing related to the case. Only entries 243 00:17:10.480 --> 00:17:13.720 relating to the lab personnel in this case were provided. 244 00:17:14.240 --> 00:17:18.559 See Declarations of Council for mister Koberger, Bicka, Barlow, and 245 00:17:18.759 --> 00:17:26.160 Steve Mercer filed simultaneously. Genetic Genealogy Testing and Search. One 246 00:17:26.799 --> 00:17:31.279 all reports generated by any lab that conducted SNP testing 247 00:17:31.599 --> 00:17:35.160 on any sample in the case, including from samples where 248 00:17:35.240 --> 00:17:40.559 unknown mails not the defendant were identified. Two copies of 249 00:17:40.599 --> 00:17:45.480 all communications between laboratory personnel and any other person or 250 00:17:45.680 --> 00:17:51.279 organization with regard to the instant case, including letters memos, emails, 251 00:17:51.559 --> 00:17:57.400 internet posts, press releases, and records of other communications, including 252 00:17:57.440 --> 00:18:02.200 communications with regard to any DNA profile uploaded to any 253 00:18:02.240 --> 00:18:05.319 public or private DNA database. 254 00:18:05.960 --> 00:18:06.640 Three. 255 00:18:06.839 --> 00:18:11.519 All documentation associated with any database search, including but not 256 00:18:11.640 --> 00:18:17.400 limited to, codis, NDIS, gd match, family tree, DNA and 257 00:18:17.799 --> 00:18:22.880 or fell in databases, case simple databases, missing persons databases, 258 00:18:23.279 --> 00:18:28.839 and internal quality assurance databases. The documentation should include, but 259 00:18:29.079 --> 00:18:33.440 is not limited to, the input profile, the input search parameters, 260 00:18:33.720 --> 00:18:38.759 the search output, all reports, all correspondents, and any follow 261 00:18:38.839 --> 00:18:43.799 up actions. Number four All documents related to any genetic 262 00:18:43.839 --> 00:18:48.400 genealogy search, including but not limited to, the creation of 263 00:18:48.440 --> 00:18:53.599 a user profile, accounts, or account information, automated search results, 264 00:18:53.880 --> 00:18:58.400 uploading of data, all queries and search results from any 265 00:18:58.480 --> 00:19:02.400 private or public day data bank or data banks, family 266 00:19:02.440 --> 00:19:07.319 tree information, and all other documents, reports, notes, or other 267 00:19:07.359 --> 00:19:12.319 communications pertaining to genealogy, DNA database searches. 268 00:19:13.039 --> 00:19:13.359 Five. 269 00:19:14.119 --> 00:19:19.559 All documents related to any genetic genealogy investigation, including but 270 00:19:19.680 --> 00:19:24.519 not limited to, additional collection and door testing of DNA samples, 271 00:19:24.960 --> 00:19:29.880 notes of any interviews, documents obtained related to ancestry, and 272 00:19:30.640 --> 00:19:36.480 or recommendations for further testing. Number six All documents related 273 00:19:36.519 --> 00:19:40.759 to the comparison of any DNA samples collected during the 274 00:19:40.839 --> 00:19:47.240 genealogy investigation to crime scene evidence seven. The name and 275 00:19:47.279 --> 00:19:51.359 address of all persons found to have sufficient sharing sent 276 00:19:51.440 --> 00:19:54.799 a Morgans with the subject profile to be identified as 277 00:19:54.799 --> 00:19:58.400 a match in the report created. In this case, the 278 00:19:58.440 --> 00:20:01.839 State is objected to this discovery re request. Further, the 279 00:20:01.880 --> 00:20:05.400 State is file the motion for a protective order. Mister 280 00:20:05.440 --> 00:20:09.720 Coberger incorporates herein his objection to the State's motion for 281 00:20:09.920 --> 00:20:14.599 protective order, as well as declarations of council for mister Coberger, 282 00:20:14.720 --> 00:20:19.039 Picko Barlowe and Steve Mercer in support of Defendant's motion 283 00:20:19.480 --> 00:20:23.319 to compel. Council requests at this motion be set for 284 00:20:23.400 --> 00:20:28.000 hearing in order to present oral argument, evidence, and or 285 00:20:28.079 --> 00:20:33.119 testimony in support thereof. The requested time is ten to 286 00:20:33.200 --> 00:20:36.960 twenty minutes. This was dated on the twenty second of 287 00:20:37.039 --> 00:20:40.359 June of twenty twenty three and it was signed by 288 00:20:40.519 --> 00:20:44.559 Ann Taylor. The next document we have is the order 289 00:20:44.599 --> 00:20:48.200 to file defense counsels first sworn statement of facts in 290 00:20:48.279 --> 00:20:52.400 support of motion to state proceedings under seal. Try and 291 00:20:52.440 --> 00:20:56.279 say that three times fast State of Idaho Plaintiff versus 292 00:20:56.319 --> 00:21:01.000 Brian C. Coberger, the defendant. You made this the Court 293 00:21:01.319 --> 00:21:05.640 having before it the Defendant's motion defile Defense Council's first 294 00:21:05.640 --> 00:21:09.279 sworn statement of facts in support of motion to stay 295 00:21:09.319 --> 00:21:13.559 proceedings under seal and good cause appearing now. Therefore, it 296 00:21:13.599 --> 00:21:17.240 is hereby ordered that Defense Councils first sworn statement of 297 00:21:17.279 --> 00:21:20.759 facts in support of motion to stay proceedings shall be 298 00:21:20.839 --> 00:21:24.599 filed under seal pursuant to I Dot seed dot a 299 00:21:24.720 --> 00:21:28.799 dot R thirty two I one. This document was signed 300 00:21:28.839 --> 00:21:32.400 by Judge Judge and it was dated June twenty third 301 00:21:32.720 --> 00:21:36.200 of twenty twenty three. And the final document we have 302 00:21:36.720 --> 00:21:40.400 is the motion to temporarily seal Exhibit A of the 303 00:21:40.440 --> 00:21:45.000 proposed Order for preparation and release of transcript and Record 304 00:21:45.079 --> 00:21:50.480 of grand jury Proceedings with conditions. State of Idaho Plaintiff 305 00:21:50.799 --> 00:21:55.440 versus Brian Christopher Coberger, the defendant. The State of Idaho 306 00:21:55.720 --> 00:21:59.839 buy and, through the Leata County Prosecuting Attorney, respectfully moves 307 00:21:59.839 --> 00:22:03.680 the Court pursue into Idaho Court Administrative Rule thirty two 308 00:22:03.680 --> 00:22:08.920 G one, Idaho Criminal Rule six, and Idaho Code nineteen 309 00:22:09.119 --> 00:22:13.599 Dash eleven twelve and seventy four Dash one twenty four 310 00:22:13.960 --> 00:22:17.920 for a temporary order sealing Exhibit A attached to the Order 311 00:22:18.160 --> 00:22:21.759 for Preparation and Release of Transcript and Record of grand 312 00:22:21.839 --> 00:22:27.079 Jury Proceedings, with conditions herein to protect the confidentiality of 313 00:22:27.160 --> 00:22:32.079 the grand jury, and because release or disclosure would one 314 00:22:32.599 --> 00:22:37.200 interfere with enforcement proceedings, two deprive a person of a 315 00:22:37.279 --> 00:22:42.480 right to a fair trial or impartial adjudication, two constitute 316 00:22:42.559 --> 00:22:47.599 an unwarranted invasion of personal privacy, three disclose the identity 317 00:22:47.839 --> 00:22:52.559 of a confidential source, and or four disclose investigative techniques 318 00:22:52.759 --> 00:22:56.920 and procedures. The state seeks its protection pending a hearing 319 00:22:56.960 --> 00:23:00.640 on the matter. Wherefore, the State respectfully praise that the 320 00:23:00.680 --> 00:23:04.480 Court seal from public disclosure Exhibit A attached to the 321 00:23:04.640 --> 00:23:08.359 Order for Preparation and Release of Transcript and Record of 322 00:23:08.480 --> 00:23:13.039 grand Jury Proceedings, with conditions herein, under the provisions of 323 00:23:13.119 --> 00:23:17.359 Idaho Court Administrative Rule thirty two G one and Idaho 324 00:23:17.440 --> 00:23:22.279 Criminal Rule six end Idaho Code nineteen Dash eleven twelve 325 00:23:22.759 --> 00:23:27.640 D seventy four Dash one twenty four. Respectfully submitted this 326 00:23:27.759 --> 00:23:30.799 twenty third day of June twenty twenty three, and this 327 00:23:30.960 --> 00:23:34.519 was signed by William Thompson. All Right, folks, that's going 328 00:23:34.599 --> 00:23:36.799 to do it for this one. All of the information 329 00:23:36.880 --> 00:23:39.720 that goes with the episode can be found in the 330 00:23:39.759 --> 00:23:45.440 description box. What's up everyone, and welcome back to the program. 331 00:23:45.599 --> 00:23:48.039 In this episode, we're going to dive right back into 332 00:23:48.079 --> 00:23:51.319 those core documents and we're going to take a look 333 00:23:51.720 --> 00:23:56.400 at an C. Taylor's declaration in support of defendants third 334 00:23:56.480 --> 00:24:00.559 Motion to Compel Case number c r T twenty nine 335 00:24:00.680 --> 00:24:05.160 DASH twenty two DASH zero zero zero two eight zero five. 336 00:24:05.799 --> 00:24:10.000 State of Idaho Plaintiff first Brian C. Coberger, the defendant 337 00:24:10.720 --> 00:24:14.839 I and C. Taylor do state and declare one. Council 338 00:24:14.920 --> 00:24:19.160 for mister Colberger filed a specific request for discovery related 339 00:24:19.160 --> 00:24:23.839 to the DNA in this case, titled Defendant's third Supplemental 340 00:24:23.880 --> 00:24:28.799 Request for Discovery two. The State filed a specific response 341 00:24:29.000 --> 00:24:33.759 to that request. After reviewing the materials provided, the following 342 00:24:33.839 --> 00:24:38.680 remains to be discovered. A requests three profiles uploaded to 343 00:24:38.759 --> 00:24:43.599 a DNA database. The State has provided information related to 344 00:24:43.680 --> 00:24:47.160 this request for the seized item, the knife sheath only. 345 00:24:47.960 --> 00:24:53.160 The defense has requested all DNA profiles, including three additional 346 00:24:53.480 --> 00:24:58.759 unidentified mail DNA profiles developed during the course of law 347 00:24:58.799 --> 00:25:04.960 enforcements investigation. This information has not been supplied. B Request 348 00:25:05.039 --> 00:25:10.759 six Communications. The State has not provided all emails, text messages, 349 00:25:11.039 --> 00:25:17.279 electronic messages or other messages and conversations regarding biological testing 350 00:25:17.640 --> 00:25:24.240 in this investigation. C Requests nine to ten unexpected results 351 00:25:24.240 --> 00:25:29.440 and corrective actions. This request has been partially complied with. However, 352 00:25:29.720 --> 00:25:33.720 the response lacks the full scope of the request. Six 353 00:25:33.759 --> 00:25:38.119 months before and six months after testing related to this investigation, 354 00:25:38.799 --> 00:25:43.839 Further information relating to all lab personnel has not been provided. 355 00:25:44.559 --> 00:25:45.440 Three. 356 00:25:45.559 --> 00:25:49.680 Part of the third supplemental discovery request was for materials 357 00:25:49.799 --> 00:25:56.640 related to genetic genealogy testing A. The State is objected 358 00:25:56.880 --> 00:25:59.799 to this request in its entirety and has filed a 359 00:25:59.839 --> 00:26:04.599 mon for a protective order. Counsel for mister Colberger requests 360 00:26:04.599 --> 00:26:08.880 this Court consider the contemporaneous objection to the State's motion 361 00:26:09.240 --> 00:26:13.759 and declaration in support of the motion to compel. The 362 00:26:13.880 --> 00:26:19.400 requested discovery is properly sought. Pursuant to Idaho Criminal Rule sixteen. 363 00:26:20.079 --> 00:26:24.559 This discovery is necessary to the preparation of mister Coberger's defense. 364 00:26:25.519 --> 00:26:25.920 One. 365 00:26:26.160 --> 00:26:29.880 Council for mister Colberger has reviewed the materials provided in 366 00:26:29.960 --> 00:26:35.000 the case regarding the DNA testing laboratory reports, Bench notes 367 00:26:35.240 --> 00:26:39.680 and photographs. Further, experts in the field of genetic genealogy 368 00:26:39.880 --> 00:26:44.480 and DNA have consulted and offered information and guidance. The 369 00:26:44.519 --> 00:26:48.960 State acknowledges it used genetic genealogy testing in this case, 370 00:26:49.160 --> 00:26:53.039 but claims it does not have to produce the records. 371 00:26:53.079 --> 00:26:58.440 In the specific request for discovery. The defense disagrees two 372 00:26:59.119 --> 00:27:04.079 Council has learned through consultation with experts and sources reference below, 373 00:27:04.480 --> 00:27:08.680 that the use of genetic genealogy databases does not necessarily 374 00:27:08.799 --> 00:27:12.640 lead to a single individual as a potential suspect, and 375 00:27:12.680 --> 00:27:17.559 that reports of these searches often reference multiple individuals for 376 00:27:17.599 --> 00:27:22.559 further investigation and DNA testing. In fact, the state acknowledges 377 00:27:23.039 --> 00:27:27.119 such in its motion for protective order when it acknowledges 378 00:27:27.559 --> 00:27:32.079 hundreds of relatives Page five Motion for Protection Order. The 379 00:27:32.200 --> 00:27:36.119 testing conducted by a private lab is completely different in 380 00:27:36.240 --> 00:27:40.799 nature than the testing done by forensic labs. Genetic genealogy 381 00:27:40.920 --> 00:27:44.119 labs do not generate a profile in the same way 382 00:27:44.440 --> 00:27:47.400 that forensic labs do, and there cannot be a direct 383 00:27:47.400 --> 00:27:51.200 comparison between the data obtained in this case by the 384 00:27:51.240 --> 00:27:55.839 Idaho State Forensic Crime Lab and the private lab. The 385 00:27:55.920 --> 00:27:59.880 tests used by a private lab are either SNP single 386 00:28:00.119 --> 00:28:06.759 nucleotide polymorphisms or whole genome sequencing. These tests are similar 387 00:28:06.759 --> 00:28:10.559 to the methods used by commercial services such as twenty 388 00:28:10.599 --> 00:28:14.440 three and meters and ancestry dot com. Now you see 389 00:28:14.440 --> 00:28:18.359 why I added the beginner's Guide to DNA for people 390 00:28:18.400 --> 00:28:20.599 who might not have any idea what we're talking about. 391 00:28:20.920 --> 00:28:23.640 That'll give you a bit of a reference point. 392 00:28:24.160 --> 00:28:25.079 Three. 393 00:28:25.200 --> 00:28:28.480 Based upon information from experts in the field, I have 394 00:28:28.599 --> 00:28:32.680 learned that once a genetic genealogy profile is created and 395 00:28:32.759 --> 00:28:36.440 the testing by the private lab is completed, the profile 396 00:28:36.720 --> 00:28:40.680 is uploaded to a database that contains similar data from 397 00:28:40.720 --> 00:28:45.359 other individuals. Once the genetic genealogy profile is uploaded, the 398 00:28:45.440 --> 00:28:50.599 profile is compared within that database and relatives are identified. 399 00:28:51.359 --> 00:28:56.119 Number four. It is my understanding that once possible relatives 400 00:28:56.400 --> 00:29:00.440 have been identified, their identities are used to construct a 401 00:29:00.480 --> 00:29:05.400