WEBVTT

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

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<v Speaker 1>Brian Cooberger was first arrested, we had learned that over

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<v Speaker 1>fifty digital warrants had been served against Brian Coberger. Well,

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<v Speaker 1>now we're learning a little bit more about those warrants

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<v Speaker 1>and what companies they were issued to in regard to

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<v Speaker 1>Brian Coolberger and his alleged involvement in these murders, and

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<v Speaker 1>as far as court documents, forget it, there was a

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<v Speaker 1>gigantic dump over the weekend that I'm going to be

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<v Speaker 1>diving into and adding to the catalog. But they released

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<v Speaker 1>a lot of court documents, and most of it obviously

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<v Speaker 1>had to do with these warrants that were served and

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<v Speaker 1>some other documents that have been filed under seal. But

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<v Speaker 1>before we do all of that, let's dive into this

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<v Speaker 1>article from the Daily Mail and get a little bit

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<v Speaker 1>of an idea about what we're dealing with. Headlined, Cops

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<v Speaker 1>investigating Idaho murder suspect Brian Coolberger had issued more than

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<v Speaker 1>sixty warrants to major firms including Amazon, Door, Dash, Reddit,

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<v Speaker 1>and Tinder. This article was authored by Alissa Gusman and

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<v Speaker 1>Steven Lapour. Police have issued more than sixty warrants to

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<v Speaker 1>companies including door Dash, Verizon, Tinder, and Reddit while investigating

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<v Speaker 1>Idaho murder suspect Brian Coohberger. But the findings remain under

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<v Speaker 1>lock and key, and that's to be expected. Not only

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<v Speaker 1>would the gag order, but when you have a case

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<v Speaker 1>of this nature, you're gonna have a lot of documents

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<v Speaker 1>that get filed under seal, or at the very least,

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<v Speaker 1>they're going to get filed and they're going to be redacted.

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<v Speaker 1>But even when those files are sealed or they're redacted,

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<v Speaker 1>it gives us an idea, at least of which way

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<v Speaker 1>the wind is blowing. Shortly after the alleged murderer twenty

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<v Speaker 1>eight was extradited to Idaho for the November thirteenth murders

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<v Speaker 1>of Kailee Gonsalvez, Madison Mogan, Xana Kernodle, and Ethan Chapin,

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<v Speaker 1>a gag order was put in place, barring attorneys, law

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<v Speaker 1>enforcement agencies, and others associated with the case from talking

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<v Speaker 1>or writing about it. Among the seven hundred and fifty

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<v Speaker 1>pages of documents are warrants to more than sixty companies,

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<v Speaker 1>including door Dash, Verizon, Reddit, Amazon, Match Group which owns Tinder,

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<v Speaker 1>and Meta. Among others. Now, remember Metta also owns Instagram,

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<v Speaker 1>and we've heard a lot of reports about Brian Koberger

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<v Speaker 1>following the girls at least a couple of them on

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<v Speaker 1>Instagram and sending them direct messages. So you could see

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<v Speaker 1>where the metal warrant comes from for sure. Early on

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<v Speaker 1>in the case, Internet slews claimed they found a Reddit

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<v Speaker 1>account that made accurate predictions about the case, reportedly before

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<v Speaker 1>the information was released publicly. He also allegedly used a

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<v Speaker 1>Reddit account to conduct a study of criminal's decision making.

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<v Speaker 1>And when that first happened, we talked about it right

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<v Speaker 1>away here on the podcast. I just happened to stumble

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<v Speaker 1>on it when we first heard his name. Obviously, you

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<v Speaker 1>dive right in and you start looking for the digital footprint.

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<v Speaker 1>At least for me, that's what I do whenever I

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<v Speaker 1>hear about something like this, to try and get an

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<v Speaker 1>idea of who we're dealing with, right And I happen

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<v Speaker 1>to stumble on that Reddit survey, and about twenty five

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<v Speaker 1>minutes later it was already scrubbed from Reddit. So they

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<v Speaker 1>get to scrub and stuff real quick when we're talking

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<v Speaker 1>about a crime like this. I mean, look how quick

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<v Speaker 1>they had Steven Paddock, the guy that was responsible allegedly

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<v Speaker 1>for the Las Vegas shooting. Look at how quick they

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<v Speaker 1>had his profile scrub from the internet. You can't find

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<v Speaker 1>anything about that dude. The documents under the gag order

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<v Speaker 1>contain highly intimate facts or statements which would be highly

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<v Speaker 1>objectional to a reasonable person, the judge said. The documents

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<v Speaker 1>are also sealed due to the fact that it might

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<v Speaker 1>threaten the safety of or endanger the life or safety

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<v Speaker 1>of individuals. And there's always an element of that when

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<v Speaker 1>you're dealing with a high profile case. Like I always say,

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<v Speaker 1>the bigger the tent, the bigger the circus, So you

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<v Speaker 1>never know what sort of lunatics are following along with

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<v Speaker 1>the case or whatever. So the safety of witnesses is

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<v Speaker 1>certainly something that has to be very very much respected

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<v Speaker 1>and safeguarded. Gonsalva's family attorney, Shannon Gray, filed an appeal

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<v Speaker 1>against the gag order earlier last month, calling it fascily

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<v Speaker 1>over broad and vague and unconstitutional, claiming it violated their

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<v Speaker 1>right to free speech. An attorney for one of the

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<v Speaker 1>victim's families, I am allowed to relay to the media

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<v Speaker 1>any of the opinion's views, their statements of those family

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<v Speaker 1>members regarding any part of the case, Gray said. Colberger's lawyer,

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<v Speaker 1>Public defender Ann Taylor, filed an objection to the appeal,

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<v Speaker 1>saying it doesn't violate First Amendment rights and does not

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<v Speaker 1>fat shall be vague. And we've seen the back and

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<v Speaker 1>forth in the court documents with these filings and how

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<v Speaker 1>contentious this relationship remains. Shannon Gray and the Gonsalvis family

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<v Speaker 1>have had a very contentious relationship with the investigation since

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<v Speaker 1>the very beginning and that remains to this day. And

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<v Speaker 1>this gag order honestly certainly isn't helping matters as far

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<v Speaker 1>as bridging the gap, because when you listen to the

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<v Speaker 1>Gonsalvest family, their contention is that this is a First

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<v Speaker 1>Amendment right and that a court in Idaho has no

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<v Speaker 1>power to step on people's First Amendment. So that's the

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<v Speaker 1>crux of the battle back and forth inside of the

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<v Speaker 1>courtroom right now at the Supreme Court level in Idaho.

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<v Speaker 1>If mister Gray truly intends only to voice his clients'

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<v Speaker 1>thoughts and opinions, then the court's previous exemption has already

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<v Speaker 1>cured the supposed First Amendment infirmity. Mister Gray's clients may

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<v Speaker 1>voice these thoughts and opinions themselves, as they have clearly

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<v Speaker 1>been doing, wrote Jay Weston Lodgson, an attorney with Taylor's office.

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<v Speaker 1>And that's what I get from the court rulings from

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<v Speaker 1>Megan Marshall, Judge Marshall. When you go through those court documents,

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<v Speaker 1>it seems like the family members, the Gonsalvist family members

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<v Speaker 1>themselves can talk about the case, but when it comes

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<v Speaker 1>to Shannon Gray, he obviously can't because he's a lawyer.

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<v Speaker 1>And according to the court, the prosecution, and the defense.

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<v Speaker 1>That's why the gag order is constitutional, because Shannon Gray

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<v Speaker 1>is held to a different standard as an officer of

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<v Speaker 1>the court than regular people would be. Leyta County Prosecutor

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<v Speaker 1>Bill Thompson noted that the victims' families, particularly the Gonsalvices,

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<v Speaker 1>could take the stand. Now, the cynic in me wonders

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<v Speaker 1>if they're saying that just to keep them quiet. Right,

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<v Speaker 1>Let's say that the Gonsalvist family might be witnesses, so

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<v Speaker 1>that the gag order covers that well. Because if they

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<v Speaker 1>weren't witnesses obviously or potential witnesses, then the gag order

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<v Speaker 1>would mean nun gods. See, the gag order doesn't mean

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<v Speaker 1>anything to me or you, right only to people who

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<v Speaker 1>are participating within this trial. The members of the Gonsalvas

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<v Speaker 1>family who are represented by Gray are potential witnesses in

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<v Speaker 1>this case, including at trial end or sentencing, he wrote

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<v Speaker 1>in an affid David Wednesday. Thirty news organizations have also

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<v Speaker 1>asked the Supreme Court in Idaho to overturn the gag order.

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<v Speaker 1>The coalition of news organizations contends that it violates the

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<v Speaker 1>right to free speech by prohibiting it from happening in

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<v Speaker 1>the first place. Justice cannot survive behind the walls of silence.

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<v Speaker 1>For that reason, a responsible press has always been regarded

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<v Speaker 1>as the handmaiden of effective judicial administration, especially in the

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<v Speaker 1>criminal field. Coalition attorney Wendy Olsen wrote in the court five,

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<v Speaker 1>quoting historic court rulings about prior restraints on free speech.

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<v Speaker 1>And that's what we've been talking about with those court

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<v Speaker 1>documents for the most part over the last few days,

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<v Speaker 1>talking about Genteel versus Nevada, the Maxwell case. You know,

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<v Speaker 1>all of that precedent that has been brought forward here

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<v Speaker 1>to try and bolster the case of the state. When

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<v Speaker 1>we're talking about they're intervening or on the flip side.

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<v Speaker 1>When Shannon Gray is talking about his narrative, then obviously

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<v Speaker 1>he's providing all kinds of precedent that go along with

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<v Speaker 1>what he has to say as well. Then it's up

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<v Speaker 1>to the court to decide what precedent they're going to

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<v Speaker 1>base their ruling upon. And honestly, I think the court

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<v Speaker 1>is going to uphold the gag order. When all is

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<v Speaker 1>said and done, I think the Court will uphold Judge

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<v Speaker 1>Megan Marshall's gag order and that's just going to be

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<v Speaker 1>the end of it. Despite the public interest in the case,

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<v Speaker 1>there have not been any notable leaks of information and

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<v Speaker 1>that would prejudice Coburger's right to a fair trial. Olsen

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<v Speaker 1>said the news organizations and the coalition would have published

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<v Speaker 1>additional information about the slayings if the gag order wasn't

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<v Speaker 1>in place. She wrote, there's no doubt if there was

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<v Speaker 1>no gag order, then agents of the court would certainly

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<v Speaker 1>be talking to the media one hundred percent without a doubt.

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<v Speaker 1>For instance, police in Pennsylvania told one reporter they can't

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<v Speaker 1>say whether they are reviewing unsolved cases that could be

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<v Speaker 1>linked to Coburger because of the gag order, and the

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<v Speaker 1>mayor of Moscow told another reporter he can't talk about

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<v Speaker 1>overall community healing. That's a bunch of bs that should

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<v Speaker 1>not be covered by a gag order. And the people

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<v Speaker 1>who are representing the city of Moscow, elected officials and

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<v Speaker 1>the like, they should answer that kind of stuff. What's

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<v Speaker 1>the community feeling right now, how much money has been spent.

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<v Speaker 1>That's the kind of stuff that shouldn't be protected under

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<v Speaker 1>a gag order. And that's what gets people fired up.

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<v Speaker 1>They get this gag order and they say it's about

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<v Speaker 1>making sure that Brian Colberger gets a fair trial. And

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<v Speaker 1>I'm on board with that. But when you try and

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<v Speaker 1>use the vast scope of this gag order to make

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<v Speaker 1>it so you don't have to talk to the media

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<v Speaker 1>at all, that's a bunch of bs, and elected officials

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<v Speaker 1>shouldn't be given that kind of cover. Several journalists have

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<v Speaker 1>had public record requests rejected or left unfilled because agencies

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<v Speaker 1>in Idaho and Washington fear they would run a foul

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<v Speaker 1>of the order. Petitioners do not make the news. They

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<v Speaker 1>report the news. They cannot report what they cannot gather.

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<v Speaker 1>Olsen wrote Coburger was arrested December thirtieth by a swat

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<v Speaker 1>team at his parents' home in Pennsylvania as they move

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<v Speaker 1>to search his apartment at Washington State University. He is

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<v Speaker 1>previously indicated that he believes he will be exonerated, though

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<v Speaker 1>his family is unable to pay for him to have

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<v Speaker 1>private representation. Coburger is yet to enter a plea for

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<v Speaker 1>the murders of Matti Mogan, Kaylee Gonsalves, Xana Kernodle, and

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<v Speaker 1>Ethan Chapin. Authorities released the probable cause affid David after

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<v Speaker 1>Coburger just before his first hearing in Moscow in Idaho

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<v Speaker 1>on January fifth. It reveals how he turned his phone

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<v Speaker 1>off on the night of the murders in an alleged

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<v Speaker 1>attempt to cover his tracks. He is even alleged to

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<v Speaker 1>have returned to the scene of the crime at nine

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<v Speaker 1>am on November thirteenth, just hours after police believe he

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<v Speaker 1>committed the quadruple murder. The documents say the criminal justice

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<v Speaker 1>graduate stalked the property at least twelve times. Officials have

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<v Speaker 1>not yet revealed the exact dates they believe he canvassed

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<v Speaker 1>the three story property, but confirmed that in August he

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<v Speaker 1>was pulled over just two minutes after leaving the area

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<v Speaker 1>covered by the cell phone tower closest to the home,

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<v Speaker 1>And all of this stuff is going to be damning.

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<v Speaker 1>And I can't wait for the trial portion to start

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<v Speaker 1>so that all of these loud mouths out here that

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<v Speaker 1>think Brian Coburger is innocent and that all of this

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<v Speaker 1>evidence is circumstantial can get themselves a nice fat helping

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<v Speaker 1>of CROTI eat, because the more I learn about this case,

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<v Speaker 1>the more court documents I read, the more I'm convinced

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<v Speaker 1>that Brian Coburger is guilty. A Lata County Sheriff's deputy

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<v Speaker 1>pulled him over on August twenty first at eleven thirty

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<v Speaker 1>seven pm as part of a traffic stop in which

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<v Speaker 1>he provided his number during the stop, which was recorded

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<v Speaker 1>on the officer's body cam Coberger was driving his white

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<v Speaker 1>Hondai Alantra. The papers also included details on how Coburger's

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<v Speaker 1>DNA was found on a knife sheath close to the

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<v Speaker 1>bodies of Matty Mogan and Kaylee Gonsalves. Authorities are still

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<v Speaker 1>hunting for the murder weapon. And here are a few

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<v Speaker 1>of the companies that were listed. And obviously we're going

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<v Speaker 1>to dive in and go through all of the warrants

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<v Speaker 1>as far as the court documents, and we're going to

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<v Speaker 1>start that later on today. But here are a few

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<v Speaker 1>of those companies that got served with warrants. Amazon, American Express, Apple,

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<v Speaker 1>AT and T, Bank of America, Banner Bank and Spokane

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<v Speaker 1>Washington Block Incorporated formerly Square Incorporated, Blue Ridge Knives in Marion, Virginia,

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<v Speaker 1>Charter Communications, Cloud networking Company, Extreme Networks, Cordelaine Police Department,

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<v Speaker 1>Forensic Lab, Discover Bank, DoorDash, eBay Elon Financial Services, Google, Idaho,

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<v Speaker 1>Central Credit Union, Idaho Department of Labor Inland, Cellular, Kbar, Knives,

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<v Speaker 1>Match Group, LLC, Metal Platforms, Facebook's parent company, Moscow Police Department,

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<v Speaker 1>Forensic Lab, Nu America, Credit Union, PayPal, Venmo, Potlock, Number One,

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<v Speaker 1>Financial Credit Union, Reddit, Snapchat, Umpaqua Bank, Umpaqua Bank, UPS,

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<v Speaker 1>Verizon Wireless, Verizon Wireless, Washington State University, well Wells Fargo, Yahoo,

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<v Speaker 1>and Yick Yak. And it's interesting now to learn some

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<v Speaker 1>of those companies' names after we heard about all of

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<v Speaker 1>those digital warrants in the very beginning. So as the

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<v Speaker 1>information continues to come out, as the story continues to evolve.

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<v Speaker 1>We'll continue to be right here covering it all right,

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<v Speaker 1>everybody that's going to do it for this one. All

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<v Speaker 1>of the information that goes with the episode can be

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<v Speaker 1>found in the description box. What's up, everyone, and welcome

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<v Speaker 1>back to the program. When we talk about Brian Coolberger

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<v Speaker 1>and the case against Brian Colberger, one of the cases

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<v Speaker 1>that I bring up is Alec Murda. And the reason

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<v Speaker 1>I bring that case up is a the notoriety and

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<v Speaker 1>b because of the similarities in how the investigation unfolded,

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<v Speaker 1>especially when we're talking about the evidence. Now, remember, for

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<v Speaker 1>Alec Murda, one of the biggest problems that he had

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<v Speaker 1>was the phone eviden that was against them. All of

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<v Speaker 1>that digital evidence that was collected that was circumstantial on

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<v Speaker 1>its own, well, when all of that evidence was added

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<v Speaker 1>up together, in its totality, it ended up being the

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<v Speaker 1>anchor that sunk Alec Murda. And I've said from the

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<v Speaker 1>beginning that I think the same exact fate awaits Brian Coberger.

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<v Speaker 1>I think that the totality of the evidence against him

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<v Speaker 1>is so strong that there's no way for his team

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<v Speaker 1>to get him off the hook. The only chance that

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<v Speaker 1>they have is some kind of prosecutorial misconduct where the

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<v Speaker 1>prosecutors screw up and they make some kind of mistake,

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<v Speaker 1>then maybe, just maybe Brian Colberger will get off. But

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<v Speaker 1>the evidence that they've compiled so far, when you look

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<v Speaker 1>at it in its totality, it's really difficult for me

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<v Speaker 1>to see how Brian Colberger has a path to victory.

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<v Speaker 1>And today in an article from the Sun, they're talking

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<v Speaker 1>about the same thing. So let's dive into this article

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<v Speaker 1>and let's get caught up. Headline Disturbing evidence crucial clue

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<v Speaker 1>in both Brian Kolberger and killer Dad Alec Murdau cases

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<v Speaker 1>may determine verdict in Idaho murder's trial. This article was

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<v Speaker 1>authored by Caitlin Hornick. Cell Phone records that were a

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<v Speaker 1>key clue in convicting disgrace lawyer Alec Murda could also

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<v Speaker 1>determine the verdict and Brian Kolberger's trial. A lawyer has said, now, look,

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<v Speaker 1>I'm certainly not a lawyer. In fact, I'm a barely

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<v Speaker 1>functioning human being. But it's rather obvious that there's a

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<v Speaker 1>big comparison here, and when you look at the president

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<v Speaker 1>that's been set time and time again with digital evidence.

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<v Speaker 1>I don't know how anyone can look at what's been

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<v Speaker 1>compiled against Brian Colberger and say, ah, you know what,

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<v Speaker 1>this is weak. All of this is gonna get tossed out,

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<v Speaker 1>because from where I'm sitting, it doesn't look like any

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<v Speaker 1>of that's gonna happen. And the comparison to Alec Murda

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<v Speaker 1>and the avalanche of evidence that came falling on his face,

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<v Speaker 1>I think the similarity are very obvious. And then you

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<v Speaker 1>look at how the lawyers are going about the defense,

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<v Speaker 1>and it's the same playbook. Attack the process, go after

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<v Speaker 1>the process, because when you don't have the evidence on

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<v Speaker 1>your side. Once again, this is the only way that

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<v Speaker 1>you can attempt to defend yourself. And take a look

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<v Speaker 1>at Richard Allen down there in Delphi. We can go

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<v Speaker 1>on and on and on and on. Glean Maxwell, same thing.

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<v Speaker 1>And when you're somebody who's innocent, well you're gonna go

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<v Speaker 1>after the evidence and you're gonna provide your own evidence

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<v Speaker 1>and alibi people that knew where you were, something that

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<v Speaker 1>backs up what you're saying. Alec Murda didn't do that.

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<v Speaker 1>Brian Coleberger so far has not done that. Glainne Maxwell,

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<v Speaker 1>she didn't do it either. Alec Murda was found guilty

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<v Speaker 1>of the murders of his wife, Maggie and youngest son

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<v Speaker 1>Paul earlier in twenty twenty three. Coburger meanwhile, is awaiting

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<v Speaker 1>trial after being accused of the murders of four University

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<v Speaker 1>of Idaho students. And I remember during the Alec Murda trial,

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<v Speaker 1>the same kind of contrarian people out there talking the

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<v Speaker 1>same kind of yip yap about Murda. Oh yeah, he's

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<v Speaker 1>gonna get off. It's all circumstantial. They can't really slam

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<v Speaker 1>it together, all of those cell phone pings that means nothing. Well,

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<v Speaker 1>how'd that all work out for you? And the same

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<v Speaker 1>people who are doing the same thing once again here

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<v Speaker 1>with Coburger. And it's ridiculous because it's obvious that the

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<v Speaker 1>evidence that's been compiled is very very strong, especially when

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<v Speaker 1>you take into account the totality of that evidence. Madison

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<v Speaker 1>Mogan twenty one, Kaylee Gonsalvis twenty one, Zana Kernodle twenty

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<v Speaker 1>and Ethan Chapin twenty were found slain at an off

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<v Speaker 1>campus apartment in Moscow, Idaho, nearly one year ago. But

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<v Speaker 1>an expert said that cell phone activity a key piece

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<v Speaker 1>of evidence in the Murda case could also be used

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<v Speaker 1>to determine a verdict in Coburger's case. Emily D. Baker,

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<v Speaker 1>a lawyer and former Los Angeles Deputy District attorney, spoke

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<v Speaker 1>to the US on about the Coburger case and what

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<v Speaker 1>fake could await them. There is so much that we

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<v Speaker 1>don't know about this case yet, Baker shared, Well, that's true.

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<v Speaker 1>There's a lot of stuff that we just don't know,

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<v Speaker 1>a lot of stuff filed under seal, a lot of

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<v Speaker 1>stuff going on in the courtroom and inside of the

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<v Speaker 1>judge's chambers that we're just not privy to. And if

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<v Speaker 1>you don't have all the context, obviously you don't have

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<v Speaker 1>all the story. But what we have seen so far

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<v Speaker 1>is not looking good for mister Coburger. Baker said that

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<v Speaker 1>it will be important to hear what witnesses said to

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<v Speaker 1>the Grand Jerry and what other roommates who were in

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<v Speaker 1>the home knew. I feel that that's going to be

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<v Speaker 1>some of the most important evidence for the case, She said, Yeah,

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<v Speaker 1>I don't know about that. Considering the DNA evidence that

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<v Speaker 1>was found on the sheath, then you have all of

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<v Speaker 1>the digital evidence and we don't even know yet if

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<v Speaker 1>his WiFi has connected to somebody else's router in the area,

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<v Speaker 1>you know, if he was there previously, maybe he forgot

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<v Speaker 1>to turn his way I Fi off and it tried to

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<v Speaker 1>connect to the modem or the router inside of the

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<v Speaker 1>house out eleven twenty two King Road. See, we just

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<v Speaker 1>don't know. And where you have the cell phone tower

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<v Speaker 1>pings that are very challengeable when you have GPS coordinates,

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<v Speaker 1>that's a different story. So if his WiFi did try

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<v Speaker 1>to connect to one of the houses near King Road,

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<v Speaker 1>it's gonna be all bad for Brian Colberger. But just

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<v Speaker 1>to be clear, we don't have that evidence in front

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<v Speaker 1>of us. Do the prosecutors have that, I don't know,

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<v Speaker 1>But that's the kind of evidence that is a home run,

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<v Speaker 1>CeAl your fake kind of deal. But she also acknowledged

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<v Speaker 1>some of the evidence that has been made public through

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<v Speaker 1>court documents, including Coburger's DNA being found at the crime

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<v Speaker 1>scene and his cell phone being off during the time

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<v Speaker 1>the murders took place. We've seen that kind of evidence

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<v Speaker 1>come up and be very impactful to the jury. Baker

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<v Speaker 1>said that's because the jury is looking at it in

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<v Speaker 1>the totality, they don't look at the evidence as piecemeal.

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<v Speaker 1>They look at the evidence as it's presented, but in

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<v Speaker 1>the totality of that presentation, and when you look at

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<v Speaker 1>the evidence that they have so far, when it comes

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<v Speaker 1>to Coburger, I just don't know what his team's going

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<v Speaker 1>to do here as far as challenging the evidence, like

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<v Speaker 1>the Murdock case, where you know, mysteriously, if someone who

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<v Speaker 1>uses their phone all the time it's all just off

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<v Speaker 1>during this discreete period of time, the lack of activity

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<v Speaker 1>can be very telling. Baker maintained that the existed public

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<v Speaker 1>evidence is important, but there is still so much not

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<v Speaker 1>yet known due to the non dissemination order and the

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<v Speaker 1>sealed court filings. One thousand percent, there's so much going

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<v Speaker 1>on behind the scenes that we just have a small

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<v Speaker 1>clue about what's really cracking off. And that's exactly how

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<v Speaker 1>the court intended it. They wanted to make sure that

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<v Speaker 1>there was a lid on this bad boy this trial

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<v Speaker 1>from the beginning because they understood the publicity and they

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<v Speaker 1>want wanted to make sure that Brian Koberger couldn't claim

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<v Speaker 1>that he didn't get a fair shake. Phone records in

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<v Speaker 1>both the Murda and Coburger cases. Cell phones had played

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<v Speaker 1>a large role for Murda. He denied being at the

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<v Speaker 1>scene of the crime until cell phone footage proved otherwise.

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<v Speaker 1>Imagine trying to get off on the bullshit Alec. Murda

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<v Speaker 1>was trying to get off on Oh yeah, it wasn't me.

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<v Speaker 1>There were five shooters. One of them was from the

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<v Speaker 1>planet Neptar, the other was Bigfoot. The other guy was

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<v Speaker 1>at Chupacabra. You see where I'm going with all of this.

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<v Speaker 1>Very unbelievable, right, same goes for Coburger, the silly ass alibi,

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<v Speaker 1>the rest of the nonsense. Fine, that might be great,

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<v Speaker 1>that might be some good cannon fodder to the knuckleheads

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<v Speaker 1>that are being contrariant, But to the rest of us

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<v Speaker 1>who are serious people, we understand the stakes here and

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<v Speaker 1>we understand that Brian Kohburger is up against it. The

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<v Speaker 1>video was filmed by Paul twenty two, shortly before he

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<v Speaker 1>was killed, and showed Murda at the family's dog kennels. Ultimately,

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<v Speaker 1>the video was the convincing factor for some jurors. One

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<v Speaker 1>jur Craig Moyer, told ABC News that the cell phone

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<v Speaker 1>video helped convict the disgraced attorney, saying that he was

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<v Speaker 1>certain it was Murda's voice in the clip, and he

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<v Speaker 1>had a bunch of people testify that said it was

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<v Speaker 1>his voice, people that knew him for years and years

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<v Speaker 1>and years. So what's the jury supposed to think? And

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<v Speaker 1>if you think anything different is coming in this Brian

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<v Speaker 1>Coburger case, boy, oh boy, you're going to be in

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<v Speaker 1>for a big old surprise. In the Coburger case, cell

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<v Speaker 1>phone activity helped investigators place him near the scene of

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<v Speaker 1>the crime. Coburger's phone was pinged near the crime scene

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<v Speaker 1>twelve times in the months leading up to the November

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<v Speaker 1>twenty twenty two murders. The phone was also pinged in

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<v Speaker 1>the area once in the hours after the killings. Core

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<v Speaker 1>documents show further review indicated that the eight four five

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<v Speaker 1>eight phone utilized cellular resources on November thirteenth, twenty twenty two,

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<v Speaker 1>that are consistent with the eight four or five eight

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<v Speaker 1>phone leaving the area of the Coburger residence at approximately

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<v Speaker 1>nine am and traveling to Moscow, Idaho. Court documents stated, now,

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<v Speaker 1>imagine he shows up at this house and there's still

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<v Speaker 1>no police there. He must have been freaking out. He

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<v Speaker 1>goes back to see his work and there's no crime scene,

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<v Speaker 1>there's no corner, there's no nothing. Can you imagine the

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<v Speaker 1>panic that this numbnuts was feeling. Specifically, the eight four

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<v Speaker 1>or five eight phone utilized cellular resources that would provide

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<v Speaker 1>coverage to the King Road residence between nine to twelve

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<v Speaker 1>am and nine twenty one am. Police identified is eight

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<v Speaker 1>four or five eight number after Coburger identified the phone

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<v Speaker 1>as his own in an August twenty first, twenty twenty

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<v Speaker 1>two police stop in Moscow, Idaho. And we've talked about

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<v Speaker 1>that too. How that stop and that conversation with the

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<v Speaker 1>police in Idaho directly led to them linking Brian Colberger

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<v Speaker 1>to what's going going on here Coberger's alibi. While there

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<v Speaker 1>is some clear evidence in Coburger's case, Baker pointed out

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<v Speaker 1>that anything could happen once the trial begins. Well, yeah,

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<v Speaker 1>I guess, I mean, I guess I could have a

412
00:25:14.039 --> 00:25:17.200
<v Speaker 1>rich uncle that I don't know show up and say, hey,

413
00:25:17.200 --> 00:25:20.880
<v Speaker 1>here's a couple million dollars. Is it likely to happen? No,

414
00:25:21.039 --> 00:25:24.039
<v Speaker 1>it's not. And I don't think it's likely that there

415
00:25:24.119 --> 00:25:26.759
<v Speaker 1>is going to be some kind of big bombshell from

416
00:25:26.759 --> 00:25:29.880
<v Speaker 1>the defense, unless, of course, it has to do with

417
00:25:30.119 --> 00:25:34.839
<v Speaker 1>prosecutorial misconduct, then okay, I could totally see that, but

418
00:25:34.960 --> 00:25:39.559
<v Speaker 1>as far as evidence based, I don't buy it. Coburger's

419
00:25:39.599 --> 00:25:42.400
<v Speaker 1>defense is fighting hard over the DNA found at the

420
00:25:42.440 --> 00:25:45.319
<v Speaker 1>crime scene. She said. If for some reason the DNA

421
00:25:45.720 --> 00:25:48.599
<v Speaker 1>gets kept out because of how it was collected or

422
00:25:48.640 --> 00:25:51.519
<v Speaker 1>how it was tested, and those things haven't been ruled

423
00:25:51.559 --> 00:25:54.519
<v Speaker 1>on yet, that could be huge because while we saw

424
00:25:54.559 --> 00:25:57.240
<v Speaker 1>it in the probable cause aff of David, if that

425
00:25:57.279 --> 00:26:00.440
<v Speaker 1>doesn't come in at trial, you have a much more tenuous,

426
00:26:00.519 --> 00:26:04.359
<v Speaker 1>circumstantial case. Baker explained, Look, if they throw the evidence

427
00:26:04.359 --> 00:26:07.519
<v Speaker 1>out as far as DNA, it's a whole new ballgame.

428
00:26:09.000 --> 00:26:12.480
<v Speaker 1>If that were the case and the DNA evidence was excluded,

429
00:26:12.759 --> 00:26:16.160
<v Speaker 1>then yeah, it's a whole different ballgame and everything becomes

430
00:26:16.160 --> 00:26:19.720
<v Speaker 1>a whole lot more circumstantial. As far as the cell

431
00:26:19.759 --> 00:26:22.880
<v Speaker 1>phone activity is concerned, Baker said, there are many factors

432
00:26:22.920 --> 00:26:26.079
<v Speaker 1>at play. We're not talking about a densely populated city

433
00:26:26.160 --> 00:26:28.960
<v Speaker 1>like New York. We're talking about a much more sparsely

434
00:26:29.039 --> 00:26:33.119
<v Speaker 1>populated area. Baker said, So those cell phone towers might

435
00:26:33.160 --> 00:26:36.480
<v Speaker 1>ping from miles away. These are the type of points

436
00:26:36.640 --> 00:26:39.519
<v Speaker 1>that could come into play at a trial. According to Baker.

437
00:26:40.519 --> 00:26:44.160
<v Speaker 1>The lawyer also noted that Coberger's alibi will also be

438
00:26:44.240 --> 00:26:47.400
<v Speaker 1>called into question. We know from court filings that his

439
00:26:47.480 --> 00:26:50.319
<v Speaker 1>alibi seems to be that he was out driving alone

440
00:26:50.400 --> 00:26:53.640
<v Speaker 1>at night. Baker said, this is not an alibi that's

441
00:26:53.680 --> 00:26:57.240
<v Speaker 1>gonna help him at all. Yeah, that is the understatement

442
00:26:57.279 --> 00:27:00.400
<v Speaker 1>of the year. The whole alibi that they can up with.

443
00:27:00.480 --> 00:27:02.920
<v Speaker 1>I mean, I guess you have to have something, But

444
00:27:03.440 --> 00:27:05.039
<v Speaker 1>I don't know how they think it's gonna be a

445
00:27:05.079 --> 00:27:08.599
<v Speaker 1>successful move. I don't know how they think that using

446
00:27:08.640 --> 00:27:11.400
<v Speaker 1>this alibi that they came up with is gonna have

447
00:27:11.440 --> 00:27:14.200
<v Speaker 1>the juror saying to themselves, you know what, I think

448
00:27:14.200 --> 00:27:18.079
<v Speaker 1>what the defense is pitching here is legit. Brian Colberger

449
00:27:18.160 --> 00:27:20.240
<v Speaker 1>is just that kind of guy. He's out here having

450
00:27:20.279 --> 00:27:23.640
<v Speaker 1>himself a nice drive, listening to his audio book and

451
00:27:23.799 --> 00:27:27.400
<v Speaker 1>enjoying the night time er. I mean, I guess if

452
00:27:27.440 --> 00:27:30.559
<v Speaker 1>you weren't accused of murdering four people, I might buy that,

453
00:27:31.000 --> 00:27:33.519
<v Speaker 1>and not only accused, but all of the evidence that

454
00:27:33.559 --> 00:27:36.839
<v Speaker 1>we've seen here, I might be much more inclined to

455
00:27:36.920 --> 00:27:39.359
<v Speaker 1>listen to what you have to say. But as of now,

456
00:27:39.839 --> 00:27:42.799
<v Speaker 1>that alibi does more harm for him than good in

457
00:27:42.880 --> 00:27:46.000
<v Speaker 1>my opinion. So we'll see what the defense can come

458
00:27:46.079 --> 00:27:48.200
<v Speaker 1>up with. We'll see if they can poke some holes

459
00:27:48.240 --> 00:27:51.119
<v Speaker 1>in this. But so far, it's not looking good for

460
00:27:51.200 --> 00:27:54.880
<v Speaker 1>the defense. It's not looking good for Brian Cohberger, just

461
00:27:54.960 --> 00:27:59.480
<v Speaker 1>like it wasn't looking good for Big Red Alec Murda.

462
00:28:00.559 --> 00:28:03.799
<v Speaker 1>All of the information that goes with this episode, including

463
00:28:03.799 --> 00:28:07.559
<v Speaker 1>my contact information, can be found in the description box.

464
00:28:08.079 --> 00:28:11.599
<v Speaker 1>What's up, everyone, and welcome back to the program. In

465
00:28:11.680 --> 00:28:14.480
<v Speaker 1>this episode, we're spinning back up Idaho and we're gonna

466
00:28:14.480 --> 00:28:17.480
<v Speaker 1>talk a little bit more about Brian Colberger and the

467
00:28:17.640 --> 00:28:22.640
<v Speaker 1>alibi and the alibi expert that his team has brought on. Now,

468
00:28:22.680 --> 00:28:25.240
<v Speaker 1>as you all know, I don't think this alibi is

469
00:28:25.240 --> 00:28:28.599
<v Speaker 1>gonna stick and I think it's a shot in the dark.

470
00:28:28.920 --> 00:28:30.839
<v Speaker 1>But what else is this team going to say? Or

471
00:28:30.880 --> 00:28:35.559
<v Speaker 1>do they have nobody to corroborate what Brian Coolberger was

472
00:28:35.680 --> 00:28:39.519
<v Speaker 1>up to? They never did. If they had a strong alibi,

473
00:28:39.680 --> 00:28:41.880
<v Speaker 1>we would have known about it a long time ago,

474
00:28:42.319 --> 00:28:45.359
<v Speaker 1>but instead all we got was muddy water from Brian

475
00:28:45.440 --> 00:28:49.559
<v Speaker 1>Colberger's legal team talking about this alibi or that alibi

476
00:28:49.759 --> 00:28:51.799
<v Speaker 1>and how they're gonna provide it later on down the

477
00:28:51.880 --> 00:28:56.319
<v Speaker 1>road only to come in with an underwhelming performance like this,

478
00:28:56.799 --> 00:29:00.240
<v Speaker 1>not exactly the bombshell that they were hoping for. So

479
00:29:00.559 --> 00:29:04.319
<v Speaker 1>let's dive into this article from NBC News and let's

480
00:29:04.359 --> 00:29:08.000
<v Speaker 1>see what they have for US. Headline University of Idaho

481
00:29:08.079 --> 00:29:13.839
<v Speaker 1>murder suspects alibi defense puts spotlight on cell phone data analyst.

482
00:29:14.279 --> 00:29:18.079
<v Speaker 1>This article was authored by Eric or Tees, And when

483
00:29:18.160 --> 00:29:20.480
<v Speaker 1>we first talked about the alibi, I gave you a

484
00:29:20.519 --> 00:29:24.759
<v Speaker 1>profile of mister Ray and what his background was, and

485
00:29:24.799 --> 00:29:27.359
<v Speaker 1>there's no doubt that it's pretty impressive. But you can

486
00:29:27.400 --> 00:29:30.480
<v Speaker 1>guarantee that the state's going to have somebody that's equally

487
00:29:30.559 --> 00:29:36.240
<v Speaker 1>impressive throwing cold water all over everything that mister Ray

488
00:29:36.319 --> 00:29:40.200
<v Speaker 1>has to say. When Brian Coberger's lawyers filed an updated

489
00:29:40.279 --> 00:29:44.279
<v Speaker 1>alibi defense last week suggesting cell phone towered data will

490
00:29:44.279 --> 00:29:47.319
<v Speaker 1>show the man suspected in the slayings of four University

491
00:29:47.359 --> 00:29:49.680
<v Speaker 1>of Idaho students was not in the area of the

492
00:29:49.720 --> 00:29:52.759
<v Speaker 1>crime when they were killed, they said they planned to

493
00:29:52.799 --> 00:29:58.400
<v Speaker 1>turn to an Arizona based sell data analyst for key testimony. Now, remember,

494
00:29:58.519 --> 00:30:00.880
<v Speaker 1>leading up to this, the shoe was on the other

495
00:30:00.960 --> 00:30:04.720
<v Speaker 1>foot and the prosecution had a ton of digital cell

496
00:30:04.720 --> 00:30:08.119
<v Speaker 1>phone data. That doesn't look good for Brian Cohberger. All

497
00:30:08.119 --> 00:30:11.160
<v Speaker 1>you heard from the defense and people that were, you know,

498
00:30:11.279 --> 00:30:15.160
<v Speaker 1>championing Brian Coberger if you will, that the data is

499
00:30:15.200 --> 00:30:18.400
<v Speaker 1>not really that reliable. Now, all of a sudden, the

500
00:30:18.519 --> 00:30:21.799
<v Speaker 1>data is reliable, and we should rely upon that data

501
00:30:22.599 --> 00:30:25.839
<v Speaker 1>for Brian Colberger's alibi, but not for putting them at

502
00:30:25.839 --> 00:30:28.039
<v Speaker 1>the scene of the crime. Is that really what you're

503
00:30:28.079 --> 00:30:31.119
<v Speaker 1>pitching to me? Now? With that said, I am more

504
00:30:31.160 --> 00:30:33.640
<v Speaker 1>than willing to look at this evidence. I have no

505
00:30:33.759 --> 00:30:36.759
<v Speaker 1>vendetta against Brian Coberger one way or the other, and

506
00:30:36.880 --> 00:30:40.079
<v Speaker 1>my opinions about what happened here based solely on the

507
00:30:40.119 --> 00:30:43.240
<v Speaker 1>evidence that we have seen. Now. Of course, we have

508
00:30:43.279 --> 00:30:45.960
<v Speaker 1>a long way to go, and there might be something

509
00:30:46.000 --> 00:30:49.480
<v Speaker 1>that gets presented that changes everything. But as of now,

510
00:30:49.759 --> 00:30:53.240
<v Speaker 1>nothing that I have seen from Coburger's defense team makes

511
00:30:53.240 --> 00:30:56.200
<v Speaker 1>me pause and say to myself, well, maybe they're onto

512
00:30:56.240 --> 00:30:59.480
<v Speaker 1>something here. In fact, it's the other way around, and

513
00:30:59.599 --> 00:31:02.640
<v Speaker 1>until they can explain the DNA on that sheath, as

514
00:31:02.680 --> 00:31:05.519
<v Speaker 1>I've said time and time again, all this other stuff

515
00:31:05.559 --> 00:31:08.119
<v Speaker 1>is spinning your wheels in neutral. It wouldn't be the

516
00:31:08.119 --> 00:31:10.400
<v Speaker 1>first time that Siree has been asked to be an

517
00:31:10.400 --> 00:31:13.559
<v Speaker 1>expert witness in a high profile murder trial, although he

518
00:31:13.640 --> 00:31:16.440
<v Speaker 1>said Friday that out of the more than one hundred

519
00:31:16.440 --> 00:31:19.359
<v Speaker 1>times he's testified in state and federal cases, it has

520
00:31:19.440 --> 00:31:23.599
<v Speaker 1>typically been for the prosecution. Now, Rai's involvement in the

521
00:31:23.640 --> 00:31:26.839
<v Speaker 1>case of the four college students fatally stabbed and they're

522
00:31:26.880 --> 00:31:30.680
<v Speaker 1>off campus apartment house in November twenty twenty two, which

523
00:31:30.759 --> 00:31:34.279
<v Speaker 1>continues to stir speculation over why someone would commit the

524
00:31:34.279 --> 00:31:37.880
<v Speaker 1>gruesome act, is putting a spotlight on his expertise after

525
00:31:37.960 --> 00:31:41.920
<v Speaker 1>pass scrutiny over his credentials. So I had never heard

526
00:31:41.960 --> 00:31:46.359
<v Speaker 1>of this gentleman previously, but according to this article, there

527
00:31:46.359 --> 00:31:49.759
<v Speaker 1>has been some scrutiny over his work. Ray declined to

528
00:31:49.799 --> 00:31:52.759
<v Speaker 1>address the Coburger case as a judge issued a gag

529
00:31:52.839 --> 00:31:56.599
<v Speaker 1>order last year, preventing many involved from speaking publicly, but

530
00:31:56.680 --> 00:31:59.480
<v Speaker 1>he said in general that it takes competent experts with

531
00:31:59.599 --> 00:32:04.240
<v Speaker 1>adequate experience to interpret call detail records, and this is

532
00:32:04.279 --> 00:32:07.799
<v Speaker 1>a big chance that they're taking here of folks talking

533
00:32:07.799 --> 00:32:11.240
<v Speaker 1>about these cell phone records the way they are considering

534
00:32:11.240 --> 00:32:14.759
<v Speaker 1>how much digital evidence has been collected against Coburger, leads

535
00:32:14.799 --> 00:32:17.079
<v Speaker 1>me to believe that this is nothing more than a

536
00:32:17.160 --> 00:32:20.759
<v Speaker 1>hell Mary. Where the challenges come in is when there's

537
00:32:20.759 --> 00:32:23.319
<v Speaker 1>a different level of experience, he added, and some of

538
00:32:23.359 --> 00:32:27.440
<v Speaker 1>these records can be extremely complicated. Ray, a former Gilbert,

539
00:32:27.480 --> 00:32:32.039
<v Speaker 1>Arizona police detective, founded ZX Corp, a company specializing in

540
00:32:32.119 --> 00:32:37.160
<v Speaker 1>cellular geolocation mapping, in twenty fourteen. In the courtroom, Ray

541
00:32:37.200 --> 00:32:40.960
<v Speaker 1>has found himself and is mapping software tracks under questions

542
00:32:40.960 --> 00:32:44.839
<v Speaker 1>about reliability before. So this is going to be an issue.

543
00:32:44.839 --> 00:32:48.160
<v Speaker 1>There's no doubt. If you don't think Thompson and company

544
00:32:48.160 --> 00:32:50.799
<v Speaker 1>are going to bring this up, you're crazy. And what

545
00:32:50.839 --> 00:32:52.759
<v Speaker 1>they're going to do is they're going to bring in

546
00:32:52.799 --> 00:32:56.039
<v Speaker 1>their own experts and those experts are going to challenge

547
00:32:56.079 --> 00:32:59.759
<v Speaker 1>the narrative that's being put forth by the defense. And

548
00:33:00.319 --> 00:33:02.240
<v Speaker 1>like I always say, it's gonna come down to the

549
00:33:02.359 --> 00:33:06.559
<v Speaker 1>jury and their interpretation of the evidence for what it is.

550
00:33:06.960 --> 00:33:09.559
<v Speaker 1>And remember the DNA that was sent out in Moscow,

551
00:33:09.799 --> 00:33:12.440
<v Speaker 1>they sent it to Authram and Authoram is the premier

552
00:33:12.519 --> 00:33:15.200
<v Speaker 1>destination for stuff like this to go down. They are

553
00:33:15.240 --> 00:33:18.279
<v Speaker 1>the best in the business when it comes to genealogy,

554
00:33:18.359 --> 00:33:22.119
<v Speaker 1>when it comes to old cold cases, Authroam is where

555
00:33:22.160 --> 00:33:25.720
<v Speaker 1>it's at and that's who they used here for the DNA,

556
00:33:26.079 --> 00:33:28.279
<v Speaker 1>and you notice that they're not talking about the DNA

557
00:33:28.640 --> 00:33:31.680
<v Speaker 1>or bringing a expert on to challenge that. What they're

558
00:33:31.720 --> 00:33:35.160
<v Speaker 1>doing is trying to go for the technicalities, right, and

559
00:33:35.200 --> 00:33:37.920
<v Speaker 1>they know that the digital evidence that's been compiled against

560
00:33:37.920 --> 00:33:40.519
<v Speaker 1>Colberger strong, So they're gonna have to bring their own

561
00:33:40.559 --> 00:33:43.519
<v Speaker 1>expert on to try and muddy those waters. And that's

562
00:33:43.559 --> 00:33:46.880
<v Speaker 1>exactly what they're trying to do here. I've seen in

563
00:33:46.920 --> 00:33:50.880
<v Speaker 1>previous cases whereas credibility has been brought into question, said

564
00:33:50.920 --> 00:33:54.920
<v Speaker 1>Mark Foff, a cellular technology expert and former sheriff's detective

565
00:33:54.960 --> 00:33:59.359
<v Speaker 1>in al Paso County, Colorado. Faff testified for the defense

566
00:33:59.559 --> 00:34:02.160
<v Speaker 1>in a tw twenty two hearing related to the case

567
00:34:02.200 --> 00:34:05.240
<v Speaker 1>of a man accused of stalking an ex girlfriend, but

568
00:34:05.359 --> 00:34:09.400
<v Speaker 1>the judge barred prosecutors from using Ray's software data. So

569
00:34:09.519 --> 00:34:12.079
<v Speaker 1>you know that the prosecution in Idaho knows about that.

570
00:34:12.320 --> 00:34:14.440
<v Speaker 1>They're going to bring that up. They're going to challenge

571
00:34:14.559 --> 00:34:17.840
<v Speaker 1>having this man and the software that he uses, if

572
00:34:17.840 --> 00:34:21.639
<v Speaker 1>they've already challenged him or he's been challenged in another case.

573
00:34:22.000 --> 00:34:26.719
<v Speaker 1>You know how much prosecutors love precedent. District Court Judge

574
00:34:26.800 --> 00:34:31.159
<v Speaker 1>Juan Villasinore ruled that ZX tracks mapping was inadmissible and

575
00:34:31.199 --> 00:34:34.800
<v Speaker 1>based on a sea of unreliability after other experts found

576
00:34:34.800 --> 00:34:39.000
<v Speaker 1>the technology to be problematic. For one, the court doesn't

577
00:34:39.000 --> 00:34:43.000
<v Speaker 1>find Ray credible, Villa Signior wrote, adding he inflated his

578
00:34:43.039 --> 00:34:46.440
<v Speaker 1>credentials and accurately claiming to be an engineer. He went

579
00:34:46.480 --> 00:34:50.239
<v Speaker 1>on to say that Ray has no qualifications, licenses, or

580
00:34:50.280 --> 00:34:53.679
<v Speaker 1>credentials to support calling himself an engineer, and that there's

581
00:34:53.719 --> 00:34:57.880
<v Speaker 1>no evidence that Ray's taken any engineering classes. All damning

582
00:34:58.840 --> 00:35:01.360
<v Speaker 1>and the prosecution going to bring on an expert that

583
00:35:01.400 --> 00:35:05.400
<v Speaker 1>has done all of that via Signor. Also took exception

584
00:35:05.519 --> 00:35:08.920
<v Speaker 1>with how the tracks algorithm wasn't open to scientific scrutiny.

585
00:35:09.320 --> 00:35:12.360
<v Speaker 1>While Ray stands by his formula, it hasn't gained traction

586
00:35:12.440 --> 00:35:16.079
<v Speaker 1>in the scientific community, the judge wrote. The methodology and

587
00:35:16.280 --> 00:35:19.800
<v Speaker 1>algorithm aren't published or subject to pure review, and they've

588
00:35:19.800 --> 00:35:23.920
<v Speaker 1>been routinely labeled as junk science by the relevant scientific community.

589
00:35:24.840 --> 00:35:26.920
<v Speaker 1>So this is the guy that they're bringing on to

590
00:35:27.000 --> 00:35:31.000
<v Speaker 1>defend Brian Coberger. And when I have my doubts, this

591
00:35:31.039 --> 00:35:32.960
<v Speaker 1>is why you're going to bring on a guy with

592
00:35:33.039 --> 00:35:35.880
<v Speaker 1>credibility issues. That's really the way you want to go

593
00:35:35.960 --> 00:35:39.199
<v Speaker 1>about this, Okay, I guess. Don't complain though, when the

594
00:35:39.280 --> 00:35:43.480
<v Speaker 1>jury absolutely laughs him out of the courtroom. Ray said

595
00:35:43.480 --> 00:35:46.000
<v Speaker 1>on Friday that he agreed with the defense and that

596
00:35:46.039 --> 00:35:49.119
<v Speaker 1>there was inaccuracy with the data, but the case was

597
00:35:49.400 --> 00:35:53.840
<v Speaker 1>an anomaly. NBC News found other cases, including in Pennsylvania

598
00:35:53.960 --> 00:35:57.599
<v Speaker 1>and Michigan, in which Ray's credibility and data were questioned

599
00:35:57.599 --> 00:36:03.440
<v Speaker 1>in hearings, but judges ultimately them admissible. I absolutely stand

600
00:36:03.440 --> 00:36:06.400
<v Speaker 1>by the product, Ray said. He added that the Colorado

601
00:36:06.519 --> 00:36:09.960
<v Speaker 1>judge denigrated his background unfairly and that he was misquoted

602
00:36:10.119 --> 00:36:14.960
<v Speaker 1>and misinterpreted about discussing how he and engineer's interpret call records.

603
00:36:15.480 --> 00:36:18.079
<v Speaker 1>He said he's gone into the field to research how

604
00:36:18.159 --> 00:36:21.000
<v Speaker 1>cell phones will connect to certain cell towers, which an

605
00:36:21.039 --> 00:36:24.000
<v Speaker 1>engineer would not need to do. In a way, I'm

606
00:36:24.039 --> 00:36:26.960
<v Speaker 1>doing something the engineers don't do to figure out how

607
00:36:27.000 --> 00:36:29.840
<v Speaker 1>to do this better, he said Friday, adding that TRACK

608
00:36:29.880 --> 00:36:34.280
<v Speaker 1>software as testable by others. It's unclear how many law

609
00:36:34.320 --> 00:36:38.000
<v Speaker 1>enforcement agencies currently use tracks, but Ray in twenty twenty

610
00:36:38.000 --> 00:36:41.519
<v Speaker 1>two said he provided training to more than eight thousand

611
00:36:41.559 --> 00:36:47.119
<v Speaker 1>law enforcement officers, prosecutors, and defense experts. Lexis Nexus purchased

612
00:36:47.199 --> 00:36:51.159
<v Speaker 1>ZX in twenty twenty one. The data analytics company said

613
00:36:51.159 --> 00:36:53.280
<v Speaker 1>in a statement that it is proud to support a

614
00:36:53.280 --> 00:36:56.719
<v Speaker 1>broad range of law enforcement agencies, but does not disclose

615
00:36:56.760 --> 00:37:00.519
<v Speaker 1>customer information. According to a background of Rays ex experience

616
00:37:00.559 --> 00:37:04.000
<v Speaker 1>filed in court documents by Coburger's defense team, he ended

617
00:37:04.000 --> 00:37:07.760
<v Speaker 1>his role as director for Lexus Nexus Special Services last year.

618
00:37:09.440 --> 00:37:12.519
<v Speaker 1>He also has appeared on various true crime television shows,

619
00:37:12.599 --> 00:37:16.000
<v Speaker 1>including NBC's Dateline, and hosts a true crime podcast with

620
00:37:16.079 --> 00:37:19.400
<v Speaker 1>his wife, Socialite Crime Club, in which they discussed their

621
00:37:19.440 --> 00:37:22.480
<v Speaker 1>involvement in criminal cases from around the world and what

622
00:37:22.519 --> 00:37:28.079
<v Speaker 1>it takes to solve complex investigations. The Idaho alibi. In

623
00:37:28.119 --> 00:37:31.559
<v Speaker 1>a ten page filing Wednesday, signed by Anne Taylor, Coburger's

624
00:37:31.599 --> 00:37:34.519
<v Speaker 1>lead public defender, his lawyers said they would call on

625
00:37:34.679 --> 00:37:38.320
<v Speaker 1>Ray to help corroborate their client's alibi. At the time

626
00:37:38.360 --> 00:37:41.800
<v Speaker 1>of the slayings, Coberger was a doctoral student at Washington

627
00:37:41.840 --> 00:37:45.519
<v Speaker 1>State University and living in Pullman, Washington, about ten miles

628
00:37:45.559 --> 00:37:49.480
<v Speaker 1>west of Moscow, Idaho, where the University of Idaho is located.

629
00:37:50.039 --> 00:37:53.719
<v Speaker 1>In an affid David. Following Coberger's arrest weeks after the killings,

630
00:37:53.960 --> 00:37:57.079
<v Speaker 1>prosecutors said he was linked to the scene through the

631
00:37:57.159 --> 00:38:00.039
<v Speaker 1>DNA discovered on a knife sheath left at the victim

632
00:38:00.280 --> 00:38:04.400
<v Speaker 1>apartment house, and good luck with that. That is the

633
00:38:04.599 --> 00:38:07.880
<v Speaker 1>key piece of evidence here, the evidence that, in my opinion,

634
00:38:08.199 --> 00:38:13.199
<v Speaker 1>is going to see Brian Colberger convicted. In addition, investigators

635
00:38:13.199 --> 00:38:15.639
<v Speaker 1>said they tracked Colburger in the area of the home

636
00:38:15.679 --> 00:38:18.559
<v Speaker 1>through his cell phone use and surveillance that picked up

637
00:38:18.920 --> 00:38:21.639
<v Speaker 1>a Hondai a Lantra that they believed he was driving.

638
00:38:22.440 --> 00:38:26.000
<v Speaker 1>Colberger's alibi defense said he would go for nighttime drives

639
00:38:26.360 --> 00:38:29.280
<v Speaker 1>and that those only increased during the school year. This

640
00:38:29.440 --> 00:38:32.800
<v Speaker 1>is supported by data from mister Coburger's phone showing him

641
00:38:32.800 --> 00:38:35.079
<v Speaker 1>in the countryside late at night and or in the

642
00:38:35.079 --> 00:38:38.880
<v Speaker 1>early morning on several occasions. They wrote, yeas he's planning

643
00:38:38.880 --> 00:38:42.239
<v Speaker 1>out these murders, finding the new route that he's going

644
00:38:42.280 --> 00:38:44.760
<v Speaker 1>to take home. I mean, there's a million different things

645
00:38:44.800 --> 00:38:47.039
<v Speaker 1>you can say about this. And if you think the

646
00:38:47.079 --> 00:38:50.239
<v Speaker 1>prosecution is just going to sit back and let them

647
00:38:50.280 --> 00:38:53.559
<v Speaker 1>run rough shot over them, you're crazy. The phone data

648
00:38:53.639 --> 00:38:57.159
<v Speaker 1>includes numerous photographs taken on several different late evenings and

649
00:38:57.199 --> 00:39:01.800
<v Speaker 1>early mornings, including in November, depicting the night sky in

650
00:39:01.840 --> 00:39:04.960
<v Speaker 1>the early morning hours of November thirteenth, twenty twenty two,

651
00:39:05.119 --> 00:39:08.639
<v Speaker 1>when Kayley Gon Savice twenty one, Madison Mogan twenty one,

652
00:39:08.840 --> 00:39:12.519
<v Speaker 1>Xana Kernodle twenty and Kernodle's boyfriend Ethan chap In twenty

653
00:39:12.800 --> 00:39:16.039
<v Speaker 1>were killed. Coburger was out driving in an area south

654
00:39:16.079 --> 00:39:18.880
<v Speaker 1>of Pullman and west of Moscow. Yeah, might as well

655
00:39:18.880 --> 00:39:21.760
<v Speaker 1>have been on the moon. Yeah, bro, I was on

656
00:39:21.840 --> 00:39:27.039
<v Speaker 1>the moon doing a moonwalk. That's about how reliable this

657
00:39:27.119 --> 00:39:30.400
<v Speaker 1>alibi is. Nobody can corroborate this one either, But the

658
00:39:30.440 --> 00:39:34.199
<v Speaker 1>defense team added raised testimony intends to show that Coburger's

659
00:39:34.239 --> 00:39:37.440
<v Speaker 1>mobile device did not travel on the East Moscow Pullman

660
00:39:37.519 --> 00:39:41.000
<v Speaker 1>Highway in the early morning hours of November thirteenth, and

661
00:39:41.039 --> 00:39:44.079
<v Speaker 1>thus could not be the vehicle captured on video along

662
00:39:44.119 --> 00:39:48.360
<v Speaker 1>the Moscow Pullman Highway near Floyd's cannabis shop. They said

663
00:39:48.400 --> 00:39:51.119
<v Speaker 1>that Ray would be able to share further analysis that

664
00:39:51.119 --> 00:39:54.480
<v Speaker 1>would be based on discovery provided by the prosecution, but

665
00:39:54.559 --> 00:39:58.360
<v Speaker 1>if such information is not disclosed, mister Ray's testimony will

666
00:39:58.400 --> 00:40:03.599
<v Speaker 1>also reveal that critical exculpatory evidence further corroborating mister Coberger's

667
00:40:03.599 --> 00:40:07.599
<v Speaker 1>alibi was either not preserved or has been withheld. Yeah,

668
00:40:07.760 --> 00:40:10.000
<v Speaker 1>you know what, I'm sure that the Old Knights have

669
00:40:10.159 --> 00:40:13.159
<v Speaker 1>this evidence too. The Old Knights showed up up here

670
00:40:13.159 --> 00:40:16.679
<v Speaker 1>in Idaho, stole the evidence and then framed Brian Coberger.

671
00:40:17.159 --> 00:40:19.559
<v Speaker 1>Prosecutors had said, and it's Affid David that a search

672
00:40:19.599 --> 00:40:22.960
<v Speaker 1>warrant provided Coburger's cell phone data for the twenty four

673
00:40:22.960 --> 00:40:25.639
<v Speaker 1>hours before and after the incident, and it showed that

674
00:40:25.679 --> 00:40:28.400
<v Speaker 1>he left his home two hours before the killings and

675
00:40:28.440 --> 00:40:30.800
<v Speaker 1>then turned his phone off, only to turn it on

676
00:40:30.880 --> 00:40:33.960
<v Speaker 1>again afterward when he was traveling from Idaho to Pullman.

677
00:40:35.039 --> 00:40:38.280
<v Speaker 1>A grand jury last May indicted Coburger on four council

678
00:40:38.360 --> 00:40:41.159
<v Speaker 1>murder and burglary, and a judge entered a not guilty

679
00:40:41.199 --> 00:40:44.719
<v Speaker 1>plea on his behalf. A trial was expected to begin

680
00:40:44.880 --> 00:40:47.599
<v Speaker 1>last October, but has been delayed, with a change of

681
00:40:47.679 --> 00:40:53.239
<v Speaker 1>venue hearing scheduled for June twenty seventh. Cell phone analysis,

682
00:40:53.599 --> 00:40:56.599
<v Speaker 1>While further detail about how ray would support the defense's

683
00:40:56.599 --> 00:40:59.519
<v Speaker 1>alibi claim is unclear, the use of such cell phone

684
00:40:59.559 --> 00:41:03.760
<v Speaker 1>mapping technology and forensics has become a sought after capability

685
00:41:03.760 --> 00:41:07.559
<v Speaker 1>in legal proceedings. Experts say as prosecutors attempt to prove

686
00:41:07.559 --> 00:41:10.360
<v Speaker 1>a defendant was at the scene of a crime. Defense

687
00:41:10.440 --> 00:41:13.480
<v Speaker 1>teams as well mavring on their own experts to refute

688
00:41:13.519 --> 00:41:16.840
<v Speaker 1>law enforcements analysis. And that's for sure how it happens.

689
00:41:17.920 --> 00:41:20.159
<v Speaker 1>Every single time you have a trial and there's any

690
00:41:20.280 --> 00:41:23.840
<v Speaker 1>kind of question about technology, everybody's bringing their own expert

691
00:41:23.880 --> 00:41:27.239
<v Speaker 1>on board, and then those experts are gonna get in

692
00:41:27.239 --> 00:41:29.840
<v Speaker 1>front of the jury and they're going to explain why

693
00:41:29.880 --> 00:41:32.840
<v Speaker 1>they feel the narrative that their pitching is the narrative

694
00:41:32.880 --> 00:41:37.440
<v Speaker 1>that's supported by the evidence. Kevin Hornan, a retired FBI

695
00:41:37.559 --> 00:41:41.480
<v Speaker 1>agent and co founder of Precision Cellular Analysis, an Ohio

696
00:41:41.599 --> 00:41:45.079
<v Speaker 1>based firm that consults in legal cases, said mapping software

697
00:41:45.239 --> 00:41:49.239
<v Speaker 1>generally works the same. It matches cell site information known

698
00:41:49.280 --> 00:41:52.519
<v Speaker 1>as called detail records, with a list of cell towers

699
00:41:52.519 --> 00:41:55.599
<v Speaker 1>and plots it onto a map. He said, analysts can

700
00:41:55.639 --> 00:41:58.039
<v Speaker 1>determine from which side or sector of a cell tower

701
00:41:58.079 --> 00:42:02.679
<v Speaker 1>a cell phone utilized. In criminal cases, he added, investigators

702
00:42:02.719 --> 00:42:05.960
<v Speaker 1>can use that information to analyze whether the phone was

703
00:42:06.000 --> 00:42:10.079
<v Speaker 1>in a certain vicinity of where the crime happened. Ultimately,

704
00:42:10.119 --> 00:42:12.360
<v Speaker 1>the question of where the phone was during the date

705
00:42:12.400 --> 00:42:15.000
<v Speaker 1>and time in question is answered by the jury, who

706
00:42:15.119 --> 00:42:18.119
<v Speaker 1>must decide based on all the available evidence. If the

707
00:42:18.119 --> 00:42:21.079
<v Speaker 1>defendant and his phone were at the crime scene. Horn

708
00:42:21.159 --> 00:42:24.440
<v Speaker 1>said cell phone evidence like this simply helps the jury

709
00:42:24.679 --> 00:42:28.079
<v Speaker 1>draw these types of conclusions. A properly trained cell phone

710
00:42:28.119 --> 00:42:31.280
<v Speaker 1>expert will never testify that, based on the cell phone

711
00:42:31.320 --> 00:42:34.119
<v Speaker 1>data the defendant or his phone, we're at a crime

712
00:42:34.159 --> 00:42:37.559
<v Speaker 1>scene and that's true. They can only say that they

713
00:42:37.559 --> 00:42:40.280
<v Speaker 1>were near a crime scene, and that's because the cell

714
00:42:40.320 --> 00:42:44.079
<v Speaker 1>phone pinged to the tower. But that's not an absolute

715
00:42:44.239 --> 00:42:46.800
<v Speaker 1>It just goes along with the totality of the evidence

716
00:42:47.000 --> 00:42:51.280
<v Speaker 1>that has already been presented. Horn said that Raised Tracks

717
00:42:51.320 --> 00:42:54.559
<v Speaker 1>mapping software has stood out from other programs because it

718
00:42:54.599 --> 00:42:58.039
<v Speaker 1>includes an estimated coverage area of a cell site, which

719
00:42:58.039 --> 00:43:02.000
<v Speaker 1>he finds highly problematic and misleading, and that only a

720
00:43:02.039 --> 00:43:04.840
<v Speaker 1>test drive in which scanning gear is used can help

721
00:43:04.880 --> 00:43:08.360
<v Speaker 1>determine a cell site's full coverage area. Ray said the

722
00:43:08.360 --> 00:43:11.719
<v Speaker 1>company he founded has a database in which every cell

723
00:43:11.800 --> 00:43:14.559
<v Speaker 1>site in the US hundreds of thousands have been mapped,

724
00:43:14.760 --> 00:43:19.199
<v Speaker 1>updated over time, and archived. We've been drive testing since

725
00:43:19.199 --> 00:43:22.719
<v Speaker 1>twenty fourteen, and every drive test we do, we archive.

726
00:43:22.840 --> 00:43:25.760
<v Speaker 1>Ray said. Nobody will ever be able to drive test

727
00:43:25.800 --> 00:43:30.159
<v Speaker 1>every cell site. It's an impossible task. Horn said, In general,

728
00:43:30.360 --> 00:43:33.000
<v Speaker 1>it's imperative for the data collected to be accurate and

729
00:43:33.079 --> 00:43:37.280
<v Speaker 1>interpreted correctly. People's lives, their liberty is on the line,

730
00:43:37.360 --> 00:43:39.639
<v Speaker 1>and we certainly don't want to convict someone who's innocent

731
00:43:39.880 --> 00:43:42.760
<v Speaker 1>or use evidence that's questionable and could come back at

732
00:43:42.800 --> 00:43:45.840
<v Speaker 1>a later time, he said, And there's no doubt about that.

733
00:43:46.159 --> 00:43:48.679
<v Speaker 1>So I'm glad to see that Coberger has an expert here.

734
00:43:48.880 --> 00:43:51.039
<v Speaker 1>That way, later on, when he's trying to appeal the

735
00:43:51.079 --> 00:43:53.639
<v Speaker 1>conviction that I believe is coming, he can't say that

736
00:43:53.719 --> 00:43:58.000
<v Speaker 1>he didn't have all the proper representation or the proper experts,

737
00:43:58.039 --> 00:44:00.559
<v Speaker 1>none of that nonsense. So as we get closer to

738
00:44:00.599 --> 00:44:03.559
<v Speaker 1>the trial, my guess is you can expect more stuff

739
00:44:03.639 --> 00:44:06.840
<v Speaker 1>like this to pop up, more issues, more experts, and

740
00:44:07.079 --> 00:44:10.679
<v Speaker 1>more back and forth between both sides as the battle

741
00:44:10.760 --> 00:44:14.920
<v Speaker 1>for the narrative in Moscow fully gets under way. All right, folks,

742
00:44:15.000 --> 00:44:17.400
<v Speaker 1>That is a wrap for this one. All of the

743
00:44:17.440 --> 00:44:21.000
<v Speaker 1>information that goes with this episode can be found in

744
00:44:21.039 --> 00:44:22.039
<v Speaker 1>the description box.
