WEBVTT 1 00:00:00.120 --> 00:00:04.120 What's up everyone, and welcome back to the program. In 2 00:00:04.160 --> 00:00:06.400 this episode, we're going to dive right back into those 3 00:00:06.440 --> 00:00:09.960 core documents and keep it rolling. And to do that, 4 00:00:10.039 --> 00:00:13.720 we're going to start off with the Affidavid of Rylean 5 00:00:14.359 --> 00:00:19.519 l Nowlan, Case number c R twenty nine DASH twenty 6 00:00:19.559 --> 00:00:23.800 two DASH twenty eight oh five State of Idaho Plaintiff 7 00:00:24.039 --> 00:00:24.719 vers Brian C. 8 00:00:24.879 --> 00:00:25.440 Coberger. 9 00:00:25.559 --> 00:00:32.000 The defendant, Rylean l Nowlan, deposes and says as follows. One, 10 00:00:32.439 --> 00:00:34.840 I am over the age of eighteen years old and 11 00:00:34.960 --> 00:00:38.920 competent to make this afid David based on my personal knowledge. 12 00:00:39.200 --> 00:00:39.399 Two. 13 00:00:40.000 --> 00:00:43.079 I am employed as the laboratory manager of the Idaho 14 00:00:43.159 --> 00:00:47.359 State Police Forensic Services Laboratory in Meridian, Idaho. 15 00:00:48.119 --> 00:00:48.399 Three. 16 00:00:48.880 --> 00:00:53.679 I have been employed with the ISPFS since November of 17 00:00:53.759 --> 00:00:56.719 two thousand and two and have served as the Meridian 18 00:00:56.799 --> 00:01:00.520 Laboratory Manager since September of two thousand and fourteen. 19 00:01:01.479 --> 00:01:01.759 Four. 20 00:01:02.240 --> 00:01:07.439 I am currently qualified and proficiency tested biological screening analyst. 21 00:01:07.920 --> 00:01:11.719 I have been qualified in biological screening since June of 22 00:01:11.799 --> 00:01:13.280 two thousand and three. 23 00:01:13.480 --> 00:01:13.799 Five. 24 00:01:14.439 --> 00:01:19.200 I am currently qualified and proficiency tested DNA analyst. I 25 00:01:19.239 --> 00:01:22.879 have been qualified in DNA analysis since May of two 26 00:01:22.920 --> 00:01:29.159 thousand and five. Six I affirm the ISSPFS Laboratory system, 27 00:01:29.480 --> 00:01:34.599 as well as the ISPFS Laboratory in Meridian, Idaho, are 28 00:01:34.640 --> 00:01:38.879 accredited by A two LA in accordance and with the 29 00:01:38.959 --> 00:01:44.560 recognition of ISO and IEC one seven zero two five 30 00:01:45.040 --> 00:01:48.920 two zero one seven requirements, in addition to the R 31 00:01:49.079 --> 00:01:55.200 two twenty one specific requirements for forensic examination. Number seven 32 00:01:55.760 --> 00:02:00.959 I affirm DNA casework analysis in nuclear short tandem repeats 33 00:02:01.159 --> 00:02:06.120 STRs is part of the Meridian Laboratory scope of accredation. 34 00:02:06.959 --> 00:02:11.439 STRs are short repeating DNA sequences that are highly variable 35 00:02:11.680 --> 00:02:16.560 between individuals and are used in forensic science to differentiate 36 00:02:16.800 --> 00:02:23.560 between individuals, including between related individuals. Number eight I affirm 37 00:02:23.759 --> 00:02:30.400 the ISPFS Laboratory does not perform single nucleotide polymorphism SNP 38 00:02:30.560 --> 00:02:36.080 analysis SNPs or single sequence variations in the DNA at 39 00:02:36.120 --> 00:02:41.560 specific points. SNPs are not as highly variable between individuals 40 00:02:41.759 --> 00:02:46.759 as STRs and can be used in ancestry studies. Number 41 00:02:46.840 --> 00:02:51.159 nine I affirm STR data and SNP data cannot be 42 00:02:51.280 --> 00:02:57.919 directly compared. Ten I affirm the ISPFS Biology DNA Casework 43 00:02:58.159 --> 00:03:01.840 section does not require some comitting agencies to notify the 44 00:03:01.919 --> 00:03:06.439 laboratory of how a suspect subject was identified. In a case, 45 00:03:07.360 --> 00:03:11.199 how a suspect was identified has no effect on the 46 00:03:11.280 --> 00:03:16.000 laboratory analysis performed on the known reference sample from that individual. 47 00:03:16.639 --> 00:03:20.960 It also has no impact on the statistical calculations performed 48 00:03:21.159 --> 00:03:25.280 when doing a direct comparison of the reference sample STR 49 00:03:25.360 --> 00:03:30.039 profile with the STR profile developed from the evidence sample. 50 00:03:30.639 --> 00:03:36.680 Number eleven. I affirm all ISPFS analytical methods, including the 51 00:03:36.759 --> 00:03:41.199 methods of the Biology DNA Casework Unit, are available on 52 00:03:41.199 --> 00:03:47.039 our public website www. Dot isp dot Idaho dot gov. 53 00:03:47.599 --> 00:03:51.759 Number twelve. I certify, under the penalty of perjury pursuant 54 00:03:51.759 --> 00:03:54.080 to the law of the State of Idaho, that the 55 00:03:54.120 --> 00:03:59.520 foregoing is true and correct, respectfully submitted this fourteenth day 56 00:03:59.560 --> 00:04:03.439 of July twenty twenty three, and this was signed by 57 00:04:03.599 --> 00:04:07.280 ry Lean Nowland. The next document we have is the 58 00:04:07.360 --> 00:04:11.039 response to the State's motion to reconsider orders staying time 59 00:04:11.280 --> 00:04:14.840 for a speedy trial. Case number c R DASH twenty 60 00:04:14.840 --> 00:04:19.959 two DASH zero zero zero two eight zero five, State 61 00:04:20.000 --> 00:04:21.959 of Idaho Plaintiff versus Brian C. 62 00:04:22.120 --> 00:04:22.680 Coburger. 63 00:04:22.879 --> 00:04:27.560 The defendant comes now Brian C. Coberger buy and, through 64 00:04:27.639 --> 00:04:31.839 their attorney, Jay Weston Logsdon, Chief Deputy of Litigation and 65 00:04:31.920 --> 00:04:35.800 hereby submits the following response to the State's motion to 66 00:04:35.920 --> 00:04:41.079 reconsider order staying time for a speedy trial. The state's 67 00:04:41.079 --> 00:04:45.560 motion is concerned only with mister Coberger's statutory right to 68 00:04:45.639 --> 00:04:48.920 a speedy trial, though it never makes that plane. To 69 00:04:49.000 --> 00:04:51.480 be clear, there is no way to read a partial 70 00:04:51.519 --> 00:04:55.560 waiver of a constitutional right as a full waiver ce 71 00:04:55.839 --> 00:05:00.199 e g. State versus Vasquez, one sixty three, Idaho five 72 00:05:00.199 --> 00:05:05.639 point fifty seven, twenty eighteen. Other jurisdictions use partial waivers 73 00:05:05.879 --> 00:05:09.720 of speedy trial. See Harris versus State, twenty twenty two 74 00:05:10.279 --> 00:05:14.800 WL one four eight six one eighty four at six. 75 00:05:15.319 --> 00:05:19.600 Court of Appeals in Iowa twenty twenty two, unpublished State 76 00:05:19.680 --> 00:05:23.879 versus Daily, six thirty nine, NW Dot two D one 77 00:05:23.959 --> 00:05:28.120 forty one, one forty four. The Appeals Court of Nebraska 78 00:05:28.360 --> 00:05:33.360 two thousand and two. City of Parma versus Da Bramilski 79 00:05:33.639 --> 00:05:38.160 nineteen ninety five, WL six forty three seven sixty eight, 80 00:05:38.480 --> 00:05:42.399 at two. The Appellate Court of Ohio nineteen ninety five 81 00:05:43.160 --> 00:05:48.480 unpublished the State sites to State versus Lundquist one thirty 82 00:05:48.480 --> 00:05:52.839 four Idaho eight thirty one, two thousand, wherein the court 83 00:05:53.000 --> 00:05:56.079 explicitly states that there is nothing wrong with the partial 84 00:05:56.079 --> 00:06:01.519 waiver for purposes of constitutional rights. See at A thirty 85 00:06:01.519 --> 00:06:05.759 four citing State versus Warwick one twenty three, Idaho eighty 86 00:06:05.800 --> 00:06:09.800 three the Court of Appeals nineteen ninety two citing State 87 00:06:09.879 --> 00:06:14.360 versus Kaiser one, sixteen, Idaho nine to ninety two, nineteen 88 00:06:14.360 --> 00:06:18.839 eighty nine. Second, the state demands that the trial date 89 00:06:18.959 --> 00:06:22.199 remain where it is without a waiver of speedy trial. 90 00:06:23.000 --> 00:06:26.079 The state is free to take this position, but it 91 00:06:26.160 --> 00:06:30.120 is won with consequences. It has long been established that 92 00:06:30.199 --> 00:06:33.360 a state may not impose a penalty upon those who 93 00:06:33.439 --> 00:06:39.199 exercise a right guaranteed by the Constitution. Constitutional rights would 94 00:06:39.240 --> 00:06:42.800 be of little value if they could be indirectly denied 95 00:06:43.160 --> 00:06:48.920 or manipulated out of existence Harmon versus four Sims three 96 00:06:49.000 --> 00:06:52.879 eighty US five twenty eight five forty nineteen sixty five. 97 00:06:54.120 --> 00:06:57.360 The state brought this prosecution and did so on its 98 00:06:57.399 --> 00:07:02.160 own timetable. Now that timetable must abide by mister Colberger's 99 00:07:02.160 --> 00:07:07.040 constitutional rights. The state cannot cry foul when its decisions 100 00:07:07.079 --> 00:07:12.120 post arrest make an October trial date untenable. Mister Colberger 101 00:07:12.160 --> 00:07:14.399 has a right to a fair trial, to a defense, 102 00:07:14.759 --> 00:07:21.199 and to due process. Constitutional Amendments five, six and sixteen. 103 00:07:21.720 --> 00:07:24.000 He is not required to give up his right to 104 00:07:24.040 --> 00:07:27.560 a speedy trial in this matter. Because the state refuses 105 00:07:27.600 --> 00:07:32.160 to provide in materials as to its generic genetic genealogy 106 00:07:32.199 --> 00:07:36.600 search and chooses the protracted litigation involved with a grand 107 00:07:36.680 --> 00:07:41.879 jury rather than a preliminary hearing. It is particularly ridiculous 108 00:07:41.920 --> 00:07:45.360 that the state claims the public has some stake in 109 00:07:45.480 --> 00:07:49.199 forcing mister Colberger to either abandon his constitutional right to 110 00:07:49.240 --> 00:07:52.879 defend himself or permit this case to carry on as 111 00:07:52.920 --> 00:07:57.160 indefinitely as the state wishes. Either the public wants its 112 00:07:57.199 --> 00:08:00.959 trial in October or it does not. The state's position 113 00:08:01.040 --> 00:08:04.600 on waiver of speedy trial is its own. If the 114 00:08:04.639 --> 00:08:08.040 public is to take any interest in this situation at all, 115 00:08:08.240 --> 00:08:11.079 it should be the wonder at the cavalier attitude the 116 00:08:11.160 --> 00:08:14.800 government has towards one of the fundamental rights secured to 117 00:08:14.879 --> 00:08:19.959 our citizens. This was dated on July twenty fourth, twenty 118 00:08:20.000 --> 00:08:23.800 twenty three, and it was signed by Jay Weston Logsden 119 00:08:24.839 --> 00:08:27.720 and our final document for this batch the motion to 120 00:08:27.759 --> 00:08:32.440 compel notice of defense or alibi or alternatively to bar 121 00:08:32.600 --> 00:08:37.559 certain evidence, Case number CR twenty nine DASH twenty two 122 00:08:37.960 --> 00:08:41.639 DASH twenty eight oh five, State of Idaho Plaintiff versus 123 00:08:41.639 --> 00:08:42.080 Brian C. 124 00:08:42.240 --> 00:08:42.799 Coberger. 125 00:08:43.000 --> 00:08:47.039 The defendant comes now the State of Idaho, buy and 126 00:08:47.080 --> 00:08:51.360 through the Layta County Prosecuting Attorney, and respectfully moves the 127 00:08:51.440 --> 00:08:55.120 Court for an order compelling the defense to comply in 128 00:08:55.240 --> 00:08:59.960 full with Idaho Code nineteen Dash five nineteen and Ida 129 00:09:00.039 --> 00:09:03.240 dot seed dot r twelve dot one, and provide the 130 00:09:03.279 --> 00:09:06.919 state with notice of any alibi that may be offered 131 00:09:07.039 --> 00:09:11.720 herein said notice, to include one the specific place or 132 00:09:11.799 --> 00:09:15.440 places at which the defendant claims to have been at 133 00:09:15.480 --> 00:09:18.679 the time of the burglary and homicides in this case, 134 00:09:19.080 --> 00:09:23.879 and to the names and addresses of all witnesses upon 135 00:09:23.960 --> 00:09:28.600 whom the defendant intends to rely to establish such an alibi. 136 00:09:29.399 --> 00:09:32.679 As the court file reflects, The state filed its requests 137 00:09:32.679 --> 00:09:36.639 for discovery disclosure alibi demand on May twenty third of 138 00:09:36.759 --> 00:09:40.559 twenty twenty three, and serve the defense on that same day. 139 00:09:41.080 --> 00:09:45.799 The parties subsequently stipulated to extend the statutory time for 140 00:09:45.919 --> 00:09:49.480 the defendant to provide notice of alibi and conply with 141 00:09:49.600 --> 00:09:54.000 Idaho Code nineteen Dash five nineteen and I dot seed 142 00:09:54.080 --> 00:09:57.279 dot r twelve dot one to July twenty fourth of 143 00:09:57.360 --> 00:10:00.879 twenty twenty three. On July twent twenty fourth of twenty 144 00:10:00.919 --> 00:10:05.159 twenty three, the defendant filed a notice of defendant's response 145 00:10:05.440 --> 00:10:09.559 to State's alibi demand. This document does not comply with 146 00:10:09.639 --> 00:10:13.720 the requirements of Idaho Code nineteen Dash five nineteen and 147 00:10:13.960 --> 00:10:16.840 I dot s dot R twelve dot one in that 148 00:10:16.879 --> 00:10:20.399 it does not specify a place or places at which 149 00:10:20.440 --> 00:10:23.399 the defendant claims to have been at the time of 150 00:10:23.480 --> 00:10:27.639 the offenses herein, nor does it provide names and addresses 151 00:10:27.919 --> 00:10:32.639 of witnesses upon whom the defendant intends to rely. The 152 00:10:32.679 --> 00:10:36.720 State recognizes that the defendant has a sixth Amendment constitutional 153 00:10:36.799 --> 00:10:40.679 right to call witnesses in his or her defense. State 154 00:10:40.759 --> 00:10:45.320 versus Warrez, one sixty nine Idaho two seventy four, two 155 00:10:45.399 --> 00:10:49.039 seventy seven the Court of Appeals of twenty twenty one 156 00:10:49.559 --> 00:10:53.559 Taylor versus Illinois for eighty four US four hundred four 157 00:10:53.559 --> 00:10:57.759 to ten, nineteen eighty eight. However, as noted in both 158 00:10:57.759 --> 00:11:01.240 of these cited cases, the defendants right to call witnesses 159 00:11:01.600 --> 00:11:04.720 in his or her defense is not unfettered, and the 160 00:11:04.799 --> 00:11:09.159 state has a legitimate interest in obtaining timely and complete 161 00:11:09.200 --> 00:11:14.240 discovery response from the defendant Warrez Supra as the war 162 00:11:14.279 --> 00:11:19.120 As Court also observed, if requested by the state during discovery, 163 00:11:19.519 --> 00:11:23.519 a defendant intending to offer an alibi must file notice 164 00:11:23.559 --> 00:11:26.759 where the defendant claims to have been at the time 165 00:11:26.879 --> 00:11:30.480 of the alleged defense and the names and addresses of 166 00:11:30.519 --> 00:11:36.159 the witnesses whose testimony will support the defendant's alibi Idaho at. 167 00:11:36.159 --> 00:11:40.440 Two seventy seven Dash two seventy eight as evidence by 168 00:11:40.480 --> 00:11:44.919 the defendants July twenty fourth, twenty twenty three, Notice of 169 00:11:45.000 --> 00:11:49.720 Defendant's response to State's alibi demand. The defendant has failed 170 00:11:49.720 --> 00:11:54.200 to comply in any fashion with the requirements of this statute, 171 00:11:54.600 --> 00:11:58.000 court rule, and applicable case law. It is important to 172 00:11:58.080 --> 00:12:02.120 note that the scheduled October second, twenty twenty three, jury 173 00:12:02.159 --> 00:12:05.720 trial is barely more than two months away. If the 174 00:12:05.759 --> 00:12:09.039 defense intends to rely on an alibi, it is essential 175 00:12:09.120 --> 00:12:12.240 that they be required to provide prompt notice so the 176 00:12:12.320 --> 00:12:17.080 state can fulfill its obligations under Idaho Code nineteen Dash 177 00:12:17.159 --> 00:12:21.840 five nineteen to investigate and respond to the notice of alibi. 178 00:12:22.559 --> 00:12:27.720 Any further delays will substantially prejudice the state's rights. Similar 179 00:12:27.759 --> 00:12:30.879 to the situation in Warrez, the state has no idea 180 00:12:31.120 --> 00:12:35.279 how the defendants notice regarding alibi constitutes an alibi, and 181 00:12:35.639 --> 00:12:39.000 as observed above, the state is unable to comply with 182 00:12:39.120 --> 00:12:42.360 I dot S dot R twelve dot one in Idaho 183 00:12:42.440 --> 00:12:46.600 Code nineteen Dash five nineteen because, based on the lack 184 00:12:46.639 --> 00:12:49.279 of information in this case, we don't know how this 185 00:12:49.399 --> 00:12:54.320 alibi is an alibi at all. The state also notes, 186 00:12:54.399 --> 00:12:58.320 as the United States Supreme Court observed in Taylor versus Illinois, 187 00:12:58.799 --> 00:13:02.240 the ease with which an alibi can be fabricated and 188 00:13:02.279 --> 00:13:05.759 the state's interest in protecting itself against an eleventh hour 189 00:13:05.840 --> 00:13:10.200 defense is both obvious and legitimate Taylor Supra. 190 00:13:10.440 --> 00:13:10.639 At. 191 00:13:10.720 --> 00:13:14.559 Four to twelve, Note seventeen, Citing to Williams versus Florida 192 00:13:14.720 --> 00:13:20.440 three ninety nine US seventy eight, nineteen seventy, the adversary 193 00:13:20.519 --> 00:13:24.200 system of trial is hardly an end in itself. It 194 00:13:24.279 --> 00:13:27.080 is not yet a poker game which players enjoy an 195 00:13:27.159 --> 00:13:31.759 absolute right always to conceal their cards until played. Based 196 00:13:31.759 --> 00:13:36.159 on the above, the State respectfully praise the Court for 197 00:13:36.240 --> 00:13:39.399 an order compelling the defendant to comply in full with 198 00:13:39.519 --> 00:13:43.559 Idaho Code nineteen Dash five nineteen and I dot S 199 00:13:43.720 --> 00:13:47.679 dot R twelve dot one by filing a notice specifying 200 00:13:48.120 --> 00:13:50.639 where the defendant claims to have been at the time 201 00:13:50.679 --> 00:13:54.360 of the alleged defenses, and the names and addresses of 202 00:13:54.399 --> 00:13:59.600 the witnesses whose testimony will support the defendant's alibi. Given 203 00:13:59.639 --> 00:14:02.679 the time constraints, the State praise that the Court directed 204 00:14:02.679 --> 00:14:05.840 the defendant to comply no later than ten days from 205 00:14:05.840 --> 00:14:08.720 the date of the court order, and that the State 206 00:14:08.759 --> 00:14:13.440 be allowed, pursuant to Idaho Code nineteen Dash five, nineteen two, 207 00:14:13.919 --> 00:14:17.720 to provide the defense written notice of names and addresses 208 00:14:18.000 --> 00:14:21.279 of witnesses who the State intends to rely on to 209 00:14:21.480 --> 00:14:25.159 establish the defendant's presence at the scene of the offenses, 210 00:14:25.559 --> 00:14:28.960 and any other witnesses to be relied on to rebut 211 00:14:29.000 --> 00:14:33.240 testimony of any of the defendant's alibi witnesses no later 212 00:14:33.519 --> 00:14:38.320 than ten days before trial. Alternatively, the State praise for 213 00:14:38.399 --> 00:14:42.519 an order of this court pursu into Idaho Code nineteen 214 00:14:42.759 --> 00:14:47.879 Dash five, nineteen four, prohibiting the defendant from presenting any evidence, 215 00:14:48.120 --> 00:14:52.159 whether by direct or cross examination, in support of any 216 00:14:52.200 --> 00:14:57.120 clanmed alibi, other than from the defendant himself. And this 217 00:14:57.200 --> 00:15:00.879 document was signed by William Thompson, And this one was 218 00:15:00.960 --> 00:15:06.240 dated on July twenty seventh, of twenty twenty three. All right, folks, 219 00:15:06.240 --> 00:15:07.879 that's going to do it for this one. All of 220 00:15:07.919 --> 00:15:11.080 the information that goes with this episode can be found 221 00:15:11.320 --> 00:15:15.159 in the description box. What's up everyone, and welcome back 222 00:15:15.159 --> 00:15:20.039 to the program. So Brian Coberger is requesting more time 223 00:15:20.440 --> 00:15:24.440 to decide about offering an alibi. And how do we 224 00:15:24.480 --> 00:15:27.840 know that because there were new court filings that hit 225 00:15:27.879 --> 00:15:32.559 the docket, and these new filings occurred on Monday, So 226 00:15:32.799 --> 00:15:36.639 they're definitely working behind the scenes double time in the 227 00:15:36.679 --> 00:15:40.120 cap of Brian Colberger trying to formulate a strategy for 228 00:15:40.240 --> 00:15:42.919 a defense here. Now, what they're going to come up with, 229 00:15:43.559 --> 00:15:46.080 your guest is as good as mine, because as much 230 00:15:46.159 --> 00:15:48.480 as I've racked my brain and tried to play the 231 00:15:48.480 --> 00:15:52.519 devil's advocate here, I don't know how Brian Colberger plans 232 00:15:52.720 --> 00:15:55.960 to explain away all of the evidence that has been 233 00:15:56.000 --> 00:15:59.279 presented thus far against them, never mind what they have 234 00:15:59.759 --> 00:16:03.120 hit up their sleeve. So today we have an article 235 00:16:03.200 --> 00:16:07.720 from ABC News and the headline Idaho college murder suspect 236 00:16:07.759 --> 00:16:12.399 Brian Colberger requests more time to decide offering an alibi. 237 00:16:13.279 --> 00:16:18.320 This article was authored by Sasha Pezanik, the man acused 238 00:16:18.320 --> 00:16:21.759 of killing for Idaho college students, is asking the court 239 00:16:21.840 --> 00:16:25.279 for more time to decide whether to offer an alibi 240 00:16:25.559 --> 00:16:29.519 as he prepares to mount his defense at trial this fall. 241 00:16:29.559 --> 00:16:33.679 According to new court documents, Brian Coolberger's lawyers said an 242 00:16:33.679 --> 00:16:38.720 emotion filed Friday that because of the voluminous discovery process 243 00:16:38.960 --> 00:16:42.200 which is still ongoing, and because they're still investigating the 244 00:16:42.279 --> 00:16:45.960 charges against their client, deciding now would be at a 245 00:16:46.000 --> 00:16:50.440 minimum premature, as waiting through the extensive information that makes 246 00:16:50.519 --> 00:16:53.480 up the case is incomplete. Sounds like a bunch of 247 00:16:53.480 --> 00:16:56.639 hogwash to me. What's his alibi? Where was he and 248 00:16:56.720 --> 00:16:58.919 who had eyes on him at the time when these 249 00:16:59.000 --> 00:17:01.720 murders occurred. You would think that you'd have your alibi 250 00:17:02.000 --> 00:17:04.640 all wrapped up nice and tight with a little bow 251 00:17:04.720 --> 00:17:06.799 on it. But that doesn't seem to be what's going 252 00:17:06.839 --> 00:17:09.519 on with Colberger here, and he can't even offer up 253 00:17:09.680 --> 00:17:12.920 an alibi. So how is it that he's going to 254 00:17:12.920 --> 00:17:16.160 get himself off these charges when something basic as far 255 00:17:16.200 --> 00:17:19.960 as an alibi hasn't even been provided as of yet. 256 00:17:20.559 --> 00:17:23.240 There's a question for all of you contrarians out there 257 00:17:23.359 --> 00:17:27.720 who think Brian Colberger is innocent. Additionally, deciding at this 258 00:17:27.799 --> 00:17:31.920 juncture may tread into disclosures of protected information. They said, 259 00:17:32.200 --> 00:17:34.200 Oh it may huh. You would think that if you 260 00:17:34.240 --> 00:17:37.400 had an alibi, you'd be screaming about it from the rooftop. 261 00:17:37.759 --> 00:17:39.759 I know that if I was accused of crimes such 262 00:17:39.759 --> 00:17:42.720 as these, I'd be yelling and screaming for everybody to 263 00:17:42.759 --> 00:17:46.200 hear me. My alibi is this? Go ask Johnny. We 264 00:17:46.200 --> 00:17:50.519 were down at the local pub doing shots, Jegermeister. But no, 265 00:17:50.759 --> 00:17:53.480 we haven't heard anything like that, have we. Instead, it's 266 00:17:53.519 --> 00:17:57.000 about the process. It's about the technicalities, and that's how 267 00:17:57.039 --> 00:18:00.680 it always will be for people who are not innocent. Now, 268 00:18:00.720 --> 00:18:03.960 it's one thing when you're innocent and you're attacking the 269 00:18:04.000 --> 00:18:08.039 process as well as providing some evidence for why you're innocent. 270 00:18:08.440 --> 00:18:11.640 But when people are only attacking the process. One thing 271 00:18:11.680 --> 00:18:14.440 that I have certainly learned over the past few years 272 00:18:14.599 --> 00:18:17.039 that we've been following this stuff. When it's a complete 273 00:18:17.079 --> 00:18:20.920 attack of the process, looking for loopholes and technicalities, it 274 00:18:21.079 --> 00:18:24.799 usually means that the person doing that is guilty and 275 00:18:24.880 --> 00:18:28.359 that their legal team has no other way to go 276 00:18:28.400 --> 00:18:31.480 after the case and try and destroy the foundation that 277 00:18:31.519 --> 00:18:34.960 it's built. Upon and this defense strategy thus far is 278 00:18:35.119 --> 00:18:39.599 oozing with all sorts of signs of exactly that. Colberger's 279 00:18:39.640 --> 00:18:42.960 defense says it needs time to make this determination and 280 00:18:43.160 --> 00:18:45.480 consider evidentiary rules. 281 00:18:45.759 --> 00:18:47.200 Now, I don't disagree with that. 282 00:18:47.519 --> 00:18:49.720 There's a lot of discovery to get through here, and 283 00:18:49.759 --> 00:18:52.119 that's why I said from the beginning, I don't think 284 00:18:52.119 --> 00:18:54.319 this trial kicks off when they say it's going to 285 00:18:54.559 --> 00:18:58.160 in October. I think we're looking at a summer of 286 00:18:58.319 --> 00:19:01.440 twenty twenty four type of start date for this. And 287 00:19:01.759 --> 00:19:05.480 the reason being is that the discovery is massive. We're 288 00:19:05.519 --> 00:19:09.039 talking three trillobytes so far of information that they've handed over, 289 00:19:09.319 --> 00:19:13.200 meaning the prosecution, so the defense obviously they have to 290 00:19:13.200 --> 00:19:15.359 go through all of that with a fine tooth comb, 291 00:19:16.200 --> 00:19:19.160 and it's going to take time. So I highly doubt 292 00:19:19.160 --> 00:19:22.240 this trial kicks off in October like they said. And 293 00:19:22.319 --> 00:19:25.359 you're getting a bunch of little tells about that along 294 00:19:25.400 --> 00:19:27.640 the way, and this is certainly one of them. When 295 00:19:27.640 --> 00:19:30.599 they start complaining or bringing up the fact that there's 296 00:19:30.640 --> 00:19:33.119 a lot of evidence to go through, that's usually a 297 00:19:33.160 --> 00:19:35.559 sign that they're going to ask for. 298 00:19:35.440 --> 00:19:37.119 The trial to be delayed a little bit. 299 00:19:38.359 --> 00:19:41.960 The Leata County prosecutor's office leading the case against Coberger 300 00:19:42.119 --> 00:19:44.720 put in their demand for his notice of alibi a 301 00:19:44.799 --> 00:19:49.119 day after his May twenty second arraignment. According to Idaho law, 302 00:19:49.440 --> 00:19:52.799 defendants are supposed to respond to that demand within ten 303 00:19:52.880 --> 00:19:56.799 days or at such different time as the court may direct, 304 00:19:57.119 --> 00:19:59.599 with a written statement of where they claim to have 305 00:19:59.680 --> 00:20:02.640 been at the time of the alleged crime, along with 306 00:20:02.680 --> 00:20:06.240 the identities of the witnesses on whom they plan to 307 00:20:06.279 --> 00:20:09.640 rely on for that alibi. Now, I'm sure that there's 308 00:20:09.680 --> 00:20:13.240 some legal mind out there that understands this way better 309 00:20:13.279 --> 00:20:16.000 than me, But it seems like if you have an alibi, 310 00:20:16.240 --> 00:20:19.039 that's one of the first things you want to talk about. Hey, 311 00:20:19.079 --> 00:20:21.559 go talk to so and so. We were hanging out. 312 00:20:21.839 --> 00:20:23.680 I didn't do this. Why am I even in jail 313 00:20:23.759 --> 00:20:26.599 right now? And if Brian Cohberger was hanging out with 314 00:20:26.640 --> 00:20:30.319 people around this time when these murders occurred, do you 315 00:20:30.359 --> 00:20:32.400 really think he'd still be sitting in jail right now 316 00:20:32.599 --> 00:20:34.559 or do you think that Ann Taylor would be making 317 00:20:34.559 --> 00:20:37.079 a big deal about it. Of course, she'd be making 318 00:20:37.079 --> 00:20:39.279 a big deal about it to get him bailed out, 319 00:20:39.599 --> 00:20:41.680 and I'm sure the judge would look at that and say, hey, 320 00:20:41.720 --> 00:20:43.319 you know what, this guy has an alibi. What are 321 00:20:43.319 --> 00:20:46.240 you guys talking about here? But none of that's occurred. 322 00:20:46.559 --> 00:20:49.519 All we have seen is the massive pile of evidence 323 00:20:49.839 --> 00:20:53.039 that is being built against Brian Colberger and it all 324 00:20:53.079 --> 00:20:56.319 looks damning. Each piece of evidence that we receive as 325 00:20:56.400 --> 00:20:59.359 the public even is more damning than the last one. 326 00:20:59.839 --> 00:21:02.799 The defense is asking the court for more time to decide, 327 00:21:03.000 --> 00:21:06.039 or to make an exception to that rule. They ask 328 00:21:06.119 --> 00:21:08.880 that if the court is not inclined to grant their request, 329 00:21:09.480 --> 00:21:12.720 a hearing be set to present oral argument, evidence, and 330 00:21:12.920 --> 00:21:17.039 or testimony in support of their motion. No ruling has 331 00:21:17.160 --> 00:21:19.720 yet been issued, and I have my eye on those 332 00:21:19.759 --> 00:21:23.319 court documents obviously every single day, and when we get 333 00:21:23.319 --> 00:21:26.359 a ruling, we'll have it updated. I plan on adding 334 00:21:26.400 --> 00:21:29.880 some more documents to the catalog over the week. That way, 335 00:21:30.039 --> 00:21:32.640 we're not behind and we're all up to date on 336 00:21:32.680 --> 00:21:37.240 what's going on behind the scenes. Neither Coberger's attorneys nor 337 00:21:37.319 --> 00:21:41.400 prosecutors immediately responded to requests for comment for this story 338 00:21:41.440 --> 00:21:44.920 from ABC News, and they're not going to comment because 339 00:21:44.960 --> 00:21:47.960 of the gag order. The judge in the case has 340 00:21:48.039 --> 00:21:52.079 issued an order largely barring both parties from speaking publicly 341 00:21:52.160 --> 00:21:56.799 about the investigation or pending prosecution outside of court and 342 00:21:57.119 --> 00:22:01.200 just quickly talking about judges. There wasn't a sudden shift 343 00:22:01.480 --> 00:22:04.880 in judges in this case. What happened was the case 344 00:22:04.920 --> 00:22:08.200 originally hit Megan Marshall's office because she is a lower 345 00:22:08.240 --> 00:22:11.640 court but now that it's progressed and he's been arraigned, 346 00:22:11.759 --> 00:22:14.119 it moves on to the next level of the court system, 347 00:22:14.359 --> 00:22:17.519 and that means it ends up in Judge John Judge's 348 00:22:17.559 --> 00:22:20.279 court room and not Judge Marshalls. And I know there 349 00:22:20.359 --> 00:22:23.759 was some confusion there about that issue. So that's what happened. 350 00:22:23.759 --> 00:22:27.279 It's nothing, you know, sinister or anything like that. That's 351 00:22:27.319 --> 00:22:29.599 just how the court system works. You get arraigned in 352 00:22:29.640 --> 00:22:32.279 one court and then you move on to the next level, 353 00:22:32.599 --> 00:22:36.079 and Idaho has a tiered court system that functions in 354 00:22:36.119 --> 00:22:40.400 that manner. Coburger, twenty eight, was indicted last month in 355 00:22:40.519 --> 00:22:43.359 Charge with four counts of first degree murder and one 356 00:22:43.400 --> 00:22:46.839 count of burglary. At his arraignment in late May, Coburger 357 00:22:46.880 --> 00:22:49.799 declined to offer a plea, so the judge entered or 358 00:22:49.880 --> 00:22:53.880 not guilty plea on his behalf. A trial date has 359 00:22:53.920 --> 00:22:58.480 been set for October second. Prosecutors alleged that in the 360 00:22:58.519 --> 00:23:02.839 early morning hours of November thirteenth, twenty twenty two, Coburger, 361 00:23:02.960 --> 00:23:07.559 a criminology PhD student at Washington State University, broke into 362 00:23:07.640 --> 00:23:11.319 an off campus home and stabbed to death for University 363 00:23:11.319 --> 00:23:16.359 of Idaho students Ethan Chapin, Madison Mogan, Xana Kernodle, and 364 00:23:16.680 --> 00:23:21.119 Kaylee Gonsalves. After a more than six week hunt, police 365 00:23:21.200 --> 00:23:25.039 zeroed in on Coburger as a suspect, tracking his white 366 00:23:25.039 --> 00:23:29.000 Hondai a Lantra cell phone signal data and recovering what 367 00:23:29.039 --> 00:23:32.839 authorities say was his DNA on a knife sheath found 368 00:23:33.079 --> 00:23:36.720 next to one of the victim's bodies, according to court documents, 369 00:23:37.160 --> 00:23:39.759 and that's the glue that binds it all together. That 370 00:23:39.880 --> 00:23:43.799 DNA on that knife sheath ties all that other evidence 371 00:23:43.880 --> 00:23:46.319 up in a nice little bow. And if you look 372 00:23:46.319 --> 00:23:49.839 at this evidence piecemeal, yeah, it doesn't look like it's 373 00:23:49.960 --> 00:23:52.240 a slam dunk. But when you look at all of 374 00:23:52.279 --> 00:23:55.920 the evidence combined, it makes all of that evidence that 375 00:23:56.119 --> 00:24:00.319 much stronger. And Brian Colberger and his team, they're going 376 00:24:00.319 --> 00:24:02.880 to have a big problem contending with all of that 377 00:24:03.000 --> 00:24:07.160 evidence balled into one He was arrested on December thirtieth 378 00:24:07.200 --> 00:24:10.759 in Pennsylvania after driving cross country to spend the holidays 379 00:24:10.799 --> 00:24:14.480 at his family home in all Brightsville, Pennsylvania. Since the 380 00:24:14.559 --> 00:24:19.200 time of Coburger's arrest, the prosecution has disclosed roughly fifty 381 00:24:19.240 --> 00:24:22.759 one terabytes of information as part of the discovery process, 382 00:24:23.039 --> 00:24:27.400 including thousands of pages of discovery, thousands of photographs, hundreds 383 00:24:27.440 --> 00:24:31.839 of hours of recordings, further, many gigabytes of electronic phone 384 00:24:31.839 --> 00:24:36.319 record and social media data according to court documents. So 385 00:24:36.440 --> 00:24:39.279 they dropped a whole last ton of information in the 386 00:24:39.359 --> 00:24:42.200 lapse of the defense. Now they have to have time 387 00:24:42.240 --> 00:24:44.400 to go through all of that. So, like I said 388 00:24:44.480 --> 00:24:47.559 earlier in this episode, I don't see the trial unfortunately 389 00:24:47.880 --> 00:24:51.799 kicking off at the start date of October two like 390 00:24:51.839 --> 00:24:55.839 their hoping, and that all is based on the gigantic 391 00:24:55.880 --> 00:24:58.000 amount of evidence that has to be gone through here 392 00:24:59.200 --> 00:25:03.759 mister Coburger. Investigation and preparation of his defense is underway, 393 00:25:04.160 --> 00:25:06.599 his defense said in a response to the state's alibi 394 00:25:06.680 --> 00:25:10.319 demand and requests for a discovery disclosure filed on Friday, 395 00:25:10.640 --> 00:25:15.119 adding that as determinations are made regarding trial evidence, the 396 00:25:15.160 --> 00:25:19.319 same will be timely disclosed trial witnesses will be disclosed 397 00:25:19.559 --> 00:25:23.880 as determinations are made. The defense wrote, mister Kolberger does 398 00:25:23.920 --> 00:25:28.000 intend to call individuals named in the States supplied discovery materials. 399 00:25:28.359 --> 00:25:30.799 So what that means is he doesn't plan on calling 400 00:25:30.839 --> 00:25:34.200 his own witnesses. He plans on calling witnesses that are 401 00:25:34.200 --> 00:25:37.559