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

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we talk about Brian Coohberger and the case against Brian Colberger,

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one of the cases that I bring up is Alec Murda.

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And the reason I bring that case up is a

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the notoriety and b because of the similarities in how

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the investigation unfolded, especially when we're talking about the evidence. Now, remember,

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for Alec Murda, one of the biggest problems that he

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had was the phone evidence that was against him. All

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of that digital evidence that was collected that was circumstantial

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on its own, well, when all of that evidence was

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added up together, in its totality, it ended up being

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the anchor that sunk Alec Murda. And I've said from

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the beginning that I think the same exact fate awaits

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Brian Colberger. I think that the totality of the evidence

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against him is so strong that there's no way for

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his team to get him off the hook. The only

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chance that they have is some kind of prosecutatorial misconduct

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where the prosecutors screw up and they make some kind

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of mistake, then maybe, just maybe Brian Colberger will get off.

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But the evidence that they've compiled so far, when you

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look at it in its totality, it's really difficult for

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me to see how Brian Colberger has a path to victory.

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And today in an article from the Sun, they're talking

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about the same thing. So let's dive into this article

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and let's get caught up. Headline Disturbing evidence crucial clue

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in both Brian Colberger and killer dad Alec Murdau cases

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may determine verdict in Idaho murder's trial. This article was

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authored by Caitlin Hornick. Cell Phone records that were a

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key clue in convicting disgrace lawyer Alec Murda could also

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determine the verdict and Brian Colberger's trial. A lawyer has said, now, look,

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I'm certainly not a lawyer. In fact, I'm a barely

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functioning human being, but obvious that there's a big comparison here,

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and when you look at the president that's been set

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time and time again with digital evidence, I don't know

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how anyone can look at what's been compiled against Brian

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Colberger and say, ah, you know what, this is weak.

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All of this is gonna get tossed out because from

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where I'm sitting, it doesn't look like any of that's

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gonna happen. And the comparison to Alec Murda and the

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avalanche of evidence that came falling on his face, I

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think the similarities are very obvious. And then you look

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at how the lawyers are going about the defense, and

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it's the same playbook. Attack the process, go after the process,

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because when you don't have the evidence on your side.

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Once again, this is the only way that you can

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attempt to defend yourself. And take a look at Richard

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Allen down there in Delphi. We can go on and

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on and on and on. Glen Maxwell, same thing. And

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when you're somebody who's innocent, well, you're gonna go after

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the evidence and you're gonna provide your own evidence and

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alibi people that knew where you were, something that backs

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up what you're saying. Alec Murda didn't do that. Brian

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Colberger so far has not done that. Glene Maxwell, she

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didn't do it either. Alec Murda was found guilty of

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the murders of his wife, Maggie and youngest son Paul

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earlier in twenty twenty three. Coburger, meanwhile, is awaiting trial

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after being accused of the murders of four University of

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Idaho students. And I remember during the Alec Murda trial,

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the same kind of contrarian people out there talking the

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same kind of yip yap about Murda. Oh yeah, he's

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gonna get off. It's all circumstantial. They can't really slam

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it together, all of those cell phone pings that means nothing. Well,

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how'd that all work out for you? And the same

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people are doing the same thing once again here with Coburger.

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And it's ridiculous because it's obvious that the evidence that's

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been compiled is very, very strong, especially when you take

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into account the totality of that evidence. And Mogan twenty one,

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Kaylee Gonsalvis twenty one, Zana Kernodle twenty and Ethan Chapin

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twenty were found slain at an off campus apartment in Moscow, Idaho,

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nearly one year ago. But an expert said that cell

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phone activity, a key piece of evidence in the Murdoch case,

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could also be used to determine a verdict in Coburger's case.

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Emily D. Baker, a lawyer and former Los Angeles Deputy

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District attorney, spoke to the us SUN about the Coburger

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case and what fake could await them. There is so

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much that we don't know about this case yet, Baker shared, Well,

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that's true. There's a lot of stuff that we just

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don't know, a lot of stuff filed under seal, a

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lot of stuff going on in the courtroom and inside

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of the judges chambers that we're just not privy to.

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And if you don't have all the contact, obviously you

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don't have all the story. But what we have seen

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so far is not looking good for mister Coberger. Baker

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said that a little important to hear what witnesses said

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to the Grand Jerry and what other roommates who were

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in the home knew. I feel that that's going to

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be some of the most important evidence for the case.

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She said, Yeah, I don't know about that. Considering the

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DNA evidence that was found on the sheath, then you

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have all of the digital evidence, and we don't even

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know yet if his WiFi has connected to somebody else's

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router in the area. You know, if he was there previously,

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maybe he forgot to turn his WiFi off and it

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tried to connect to the modem or the router inside

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of the house out eleven twenty two King Road. See,

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we just don't know. And where you have the cell

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phone tower pings that are very challengeable when you have

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GPS coordinates, that's a different story. So if his WiFi

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did try to connect to one of the houses near

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King Road, it's gonna be all bad for Brian Coolberger.

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But just to be clear, we don't have that evidence

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in front of us. Do the prosecutors have that, I

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don't know, But that's the kind of evidence that is

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a home run, seal your fake kind of deal. But

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she also acknowledged some of the evidence that has been

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made public through court documents, including Coburger's DNA being found

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at the crime scene and his cell phone being off

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during the time the murders took place. We've seen that

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kind of evidence come up and be very impactful to

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the jury. Baker said. That's because the jury is looking

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at it in the totality. They don't look at the

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evidence as piecemeal. They look at the evidence as it's presented,

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but in the totality of that presentation, and when you

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look at the evidence that they have so far when

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it comes to Coburger, I just don't know what his

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team's going to do here. As far as challenging the evidence,

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like the Murdock case, where you know, mysteriously, if someone

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who uses their phone all the time, it's all just

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off during this discreete period of time, the lack of

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activity can be very telling. Mained that the existed public

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evidence is important, but there is still so much not

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yet known due to the non dissemination order and the

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sealed court filings. One thousand percent there's so much going

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on behind the scenes that we just have a small

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clue about what's really cracking off. And that's exactly how

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the court intended it. They wanted to make sure that

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there was a lid on this bad boy this trial

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from the beginning because they understood the publicity and they

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wanted to make sure that Brian Koberger couldn't claim that

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he didn't get a fair shake phone records. In both

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the Murda and Coburger cases, cell phones had played a

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large role for Murda. He denied being at the scene

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of the crime until cell phone footage proved otherwise. Imagine

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trying to get off on the bullshit Alec Murda was

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trying to get off on Oh yeah, it wasn't me.

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There were five shooters. One of them was from the

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planet Neptar, the other was Bigfoot. The other guy was

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at Choupacabra. You see where I'm going with all of this.

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Very unbelievable, right, same goes for Coburger, the silly ass alibi,

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the rest of the nonsense. Fine, that might be great,

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that might be some good cannon fodder to the knuckleheads

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that are being contrariant. But to the rest of us

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who are serious people, we understand the stakes here and

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we understand that Brian Coohberger is up against it. The

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video was filmed by Paul twenty two, shortly before he

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was killed, and showed Murda at the family's dog kennels. Ultimately,

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the video was the convincing factor for some jurors. One

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jur Craig Moyer, told ABC News that the cell phone

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video helped convict the disgraced attorney, saying that he was

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certain it was Murda's voice in the clip, and he

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had a bunch of people testify that said it was

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his voice, people that knew him for years and years

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and years. So what's the jury supposed to think? And

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if you think anything different is coming in this Brian

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Coburger case. Boy, oh boy, you're gonna be in for

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a big old surprise. In the Coburger case, cell phone

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activity helped investigators place him near the scene of the crime.

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Coburger's phone was pinged near the crime scene twelve times

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in the months leading up to the November twenty twenty

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two murders. The phone was also pinged in the area

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once in the hours after the killings. Court document show

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further review indicated that the eight four five eight phone

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utilized cellular resources on November thirteenth, twenty twenty two, that

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are consistent with the eight four or five eight phone

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leaving the area of the Coburger residence at approximately nine

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am and traveling to Moscow, Idaho. Court document stated, Now,

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imagine he shows up at this house and there's still

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no police there. He must have been freaking out. He

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goes back to see his work and there's no crime scene,

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there's no corner, there's no nothing. Can you imagine the

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panic that this numb nuts was feeling. Specifically, the eight

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four or five eight phone utilize cellular resources that would

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provide coverage to the King Road residence between nine to

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twelve AM and nine twenty one am. Police identified is

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eight four or five eight number after Coburger identified the

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phone as his own in in August twenty first, twenty

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twenty two police stop in Moscow, Idaho. And we've talked

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about that too. How that stop and that conversation with

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the police in Idaho directly led to them linking Brian

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Colberger to what's going on here Coberger's alibi. While there

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is some clear evidence in Coburger's case, Baker pointed out

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that anything could happen once the child begins. Well, yeah,

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I guess. I mean, I guess I could have a

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rich uncle that I don't know show up and say, hey,

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here's a couple million dollars. Is it likely to happen? No,

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it's not. And I don't think it's likely that there

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is going to be some kind of big bombshell from

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the defense, unless, of course, it has to do with

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prosecutorial miscomp then okay, I could totally see that, but

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as far as evidence based, I don't buy it. Coberger's

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defense is fighting hard over the DNA found at the

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crime scene. She said, if for some reason the DNA

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gets kept out because of how it was collected or

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how it was tested, and those things haven't been ruled

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on yet. That could be huge because while we saw

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it in the probable cause aff of David, if that

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doesn't come in at trial, you have a much more attenuous,

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circumstantial case. Baker explained. Look, if they throw the evidence

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out as far as DNA, it's a whole new ballgame.

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If that were the case and the DNA evidence was excluded,

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then yeah, it's a whole different ballgame and everything becomes

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a whole lot more circumstantial. As far as the cell

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phone activity is concerned, Baker said, there are many factors

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at play. We're not talking about a densely populated city

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like New York. We're talking about a much more sparsely

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populated area. Baker said, So those cell phone towers might

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ping from miles away. These are the type of points

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that could come into play at a trial, according to Baker.

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The lawyer also noted that Coberger's alibi will also be

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called into question. We know from court filings that his

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alibi seems to be that he was out driving alone

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at night. Baker said, this is not an alibi that's

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gonna help him at all. Yeah, that is the understatement

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of the year. The whole alibi that they came up with.

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I mean, I guess you have to have something, But

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I don't know how they think it's gonna be a

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successful move. I don't know how they think that using

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this alibi that they came up with is gonna have

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the juror saying to themselves, you know what. I think

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what the defense's pitching here is legit. Brian Coberger is

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just that kind of guy. He's out here having himself

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a night's drive, listening to his audio book and enjoying

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the night time er. I mean, I guess if you

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weren't accused of murdering four people, I might buy that,

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and not only accused, but all of the evidence that

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we've seen here, I might be much more inclined to

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listen to what you have to say. But as of now,

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that alibi does more harm for him than good in

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my opinion. So we'll see what the defense can come

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up with. We'll see if they can poke some holes

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in this. But so far, it's not looking good for

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the defense. It's not looking good for Brian Kolberger, just

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like it wasn't looking good for Big Red Alec Murda.

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All of the information that goes with this episode, including

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my contact information, can be found in the description box.