Beyond The Horizon
ICYMI: Bryan Kohberger Asks For The Grand Jury Documents To Be Unsealed
In what is quite the U-turn from the normal in Moscow, Kohberger and his team are now asking for MORE transparency when it comes to certain documents, however when it comes to others, they are not as interested in the public getting a look.
In this episode, we dive into the latest request by team Kohberger and see what it might mean moving forward.
(commercial at 6:56)
to contact me:
bobbycapucci@protonmail.com
source:
Bryan Kohberger Wants New Info in Idaho Murder Case Revealed (newsweek.com)
- Duration:
- 13m
- Broadcast on:
- 03 Jul 2024
- Audio Format:
- mp3
With Luckyland Sluts, you can get Lucky just about anywhere. This is your captain speaking. We've got clear runway and the weather's fine, but we're just going to circle up here a while and get Lucky. No, no, nothing like that. It's just these cash prizes add up quick. So I suggest you sit back, keep your tray table upright, and start getting Lucky. Play for free at Luckyland Sluts.com. Are you feeling Lucky? No purchase necessary. BG, W. Grad Boyd were prohibited by law. 18+ Terms and Conditions apply. What's up, everyone, and welcome back to the program. So Brian Kohlberger and his legal team, all of a sudden, want things to be public knowledge, which I find a bit shocking considering how gung-ho they were about having this gag order draped over this case, and not only just a gag order, but a gag order that's as restrictive as the one that we see up here. And I know that Judge Judge paired it back a little bit, but still, this isn't the kind of gag order that should be dropped over a case like this, not in my opinion. And if they wanted to use a gag order here, it should have been more finely scoped. It's way too broad still, even after Judge Judge adjusted it, and it's one of those types of gag orders that really restricts information from flowing. And when you have a case like this that's grabbed the public interest, there's going to be a bunch of Looney bins out there, talking about all kinds of nonsense. And when there's a lull in information like there has been, you know, there's going to be people out there that are going to be making shit up. And that's just the way stuff like this goes when you don't have transparency. So having transparency in a case like this is very important, but the Judge and the court, they have to find that balance. What's the perfect balance to make sure that Brian Kohlberger and his right to a fair trial is respected. So there definitely has to be a happy medium. But like I've said from the start, I think that this gag order was just over broad. And I think it gave cover to a lot of the officials involved here when it comes to answering any questions whatsoever about what happened in Moscow, even if it's not related to the investigation itself. I mean, should the gag order cover how much money has been spent? Should the gag order cover basic stuff like that? I don't think that it should. But a lot of these agencies have used it as a shield, so they don't have to answer any of those kinds of questions from the media or from journalists who are trying to get to the bottom of things, or trying to make some sense of what we have learned. So that's one of the biggest problems when you have an overly broad gag order like we see here. And I find it very interesting that there's a gigantic U-turn all of a sudden. And now Brian Kohlberger wants new information revealed. Let's dive into this article from Newsweek, and let's see what the heck's going on here. Headline, Brian Kohlberger wants new info in Idaho murder case revealed. Well, isn't that convenient for him? This article was authored by Rachel Dobkin. The defense of Brian Kohlberger, a PhD student who was accused of killing four University of Idaho students in November of 2022, has asked to make their request to the judge public. And it's funny when you look at all of the effort that's been spent to keep information under wraps here to make sure that nobody knows what the hell's going on behind the scenes. And then all of a sudden for them to slam on the brakes and flip a U-turn here, it's a bit interesting. And before we go any further with the article, why don't we just read the order itself real quick? It's very short. Case number CR 29-22-2805. Motion to unseal defendant's motion to reconsider orders denying motions to dismiss the indictment and in the alternative for permissions to appeal from interlocutory orders. State of Idaho plaintiff, Brian C. Kohlberger, the defendant, comes now. Brian C. Kohlberger buying through his attorney and C. Taylor, public defender and hereby moves the court for an order to unseal the defendant's motion to reconsider orders denying motions to dismiss indictment and in the alternative for permission to appeal from orders and a state proceeding filed with the court on 1221-23 and the state's objection to this motion that was filed with the court on 1524. This motion is made on the grounds that the pleadings and hearing they're on do not need to be sealed. Previous motions related to the grand jury proceedings were properly sealed pursuant to i.c.a. r 32, Idaho criminal rule six and the court's order relating to grand jury proceedings. Depending proceeding brought by motion and supported by pleadings do not meet the language of the rule. The issues for the court to decide are procedural and legal and do not delve into the areas covered by the rule and order. Mr. Kohlberger sought sealing of this filing solely based on email communications with the Laetah County prosecutor's office stating that they wanted the filing sealed. The deadline for Mr. Kohlberger's motion was imminent, thus in an abundance of caution the defense filed a motion to seal. Counsel for Mr. Kohlberger informed the Laetah County prosecutor's office a motion to unseal was forthcoming. Mr. Kohlberger moves the court to unseal the proceedings and filings on the basis that these filings and proceedings are not covered within i.c.a. r 32. Mr. Kohlberger acknowledges the right of the public to be fully informed of the issues. Well that's awesome. How about we get rid of the gag order? My guess is Ann Taylor and Brian Kohlberger won't be pining for that anytime soon. Mr. Kohlberger has a right for the rule to apply as it's written rather than disadvantage him with items remaining sealed that are not within the scope of i.c.a. r 32 dated the 12th of January 2024 and it was signed by Ann Taylor. So this is the request that is in question in the article that we're discussing right now and according to Brian Kohlberger's team all of a sudden there are big fans of transparency. They want everybody to know what's going on. Meanwhile they don't want cameras in the courtroom. They've lodged complaint after complaint that the media has focused solely on Brian Kohlberger so I find it very interesting that all of a sudden they're big proponents of the public getting an eyeful of what's going on here and it certainly makes me curious about what is underseal here and hopefully we get to see it at this point now that they're talking about it. I think the judge should just unseal it and let us all get a look. I have a funny feeling that that's not going to occur however. Alright back to the article. Kohlberger was a criminology grad student at Washington State University when he was arrested in December of 2022 for the fatal stabbings of Madison, Mogan, Kaylee Gonsalves, Zanna Cernodel and Cernodel's boyfriend Ethan Chapin in an off-campus home in Moscow, Idaho the previous fall. He has been awaiting trial for over a year and in that time Kohlberger's defense has made two attempts to get the charges against him dismissed. Kohlberger has been charged with four counts of first-degree murder and one count of felony burglary, a not guilty plea was entered on Kohlberger's behalf during his arraignment. It's time for today's Lucky Land horoscope with Victoria Cash. Life's gotten mundane so shake up the daily routine and be adventurous with the trip to Lucky Land. You know what they say your chance to win starts with a spin so go to luckylandslots.com to play over a hundred social casino style games for free for your chance to redeem some serious prizes get lucky today at luckylandslots.com no purchase necessary vgw group void were prohibited by law 18 plus terms of condition supply. The judge presiding over the trial denied both arguments last month and then the defense filed a sealed request for the judge to reconsider his decision oh so that could be sealed let's have that sealed but let's make sure we get all this other stuff unsealed so everybody can get a look I mean I get it right you want to try and change the narrative you want the story to go and flow in the way that you want it to go but you kind of expose yourself when you're doing it arbitrarily it should be uniformed if you want something to be transparent it should all be transparent it shouldn't be pick and choose for what helps him or what helps the government all of it should be open for the public to take a look at and for the public to know exactly what's going on I do agree with brian koburger there we should all know what's going on as far as inside of the courtroom now obviously we shouldn't be privy to any kind of privileged information or anything that is you know important to moving things forward but the general overall information shouldn't be hidden under a gag order on friday the defense filed a new motion asking the judge to make public their request that he consider his refusal to drop brian koburgers charges as if that's going to change anything I don't think anybody out there except maybe a few contrarians think that brian koburgers innocent I haven't heard anybody with any kind of plausible explanation why I should believe that brian koburgers innocent now that doesn't mean the dude doesn't deserve a fair trial in his day in court he most certainly does but I'm not going to sit here and make pretend that I think he's innocent because from everything that I've seen this man is anything but mr koburger acknowledges the right of the public to be fully informed of the issues the defense wrote in friday's filing and that's great I agree 100 percent let's see it all why are we picking and choosing let's not go allocart I want the whole menu the public has been invested in koburgers case since the beginning with media covering a six-week hunt for the suspect the bombshell arrest of koburger and the pretrial process the trial has been long awaited with no end in sight as koburger waved his right to a speedy trial so I'm guessing like I've said before that this is going to crack off in the summer when in the summer I'm not too sure but june sounds about right and that's what the prosecutor was pushing for earlier and it just seems like it lines up when you look at all the factors that are facing the prosecutors and koburger Moscow in general it just seemed to line up that summer was going to be the right time news week reached out to koburger's attorney via email for comment oh you're not going to get that got the gag order so I wouldn't expect much from an email to brian koburger's team they're not going to answer they only want transparency when they feel like it fits them and their narrative a grand jury indicted koburger in may of 2023 saying that he did unlawfully enter a Moscow home and then did willfully unlawfully deliberately with premeditation and with malice of forethought kill and murder the four college students in one of the defense arguments that the judge denied they claim that prosecutors withheld evidence that may help koburger defend himself and claim that the grand jury process was biased yeah that worked out well for him how did that end up again oh that's right they got their shit thrown right out of court upon denying the defense's arguments judge said koburger was indicted by an impartial grand jury who had sufficient admissible evidence to find probable cause to believe koburger committed the crimes alleged by the state all you have to do is read the affidavit further the state did not engage in prosecutorial misconduct in presenting their case to the jury he added the other argument claim that the grand jury should have used the standard of beyond the reasonable doubt to indict koburger instead of the standard of probable cause that was used however the judge said in december that there is no dispute that probable cause was the correct standard to use the grand jury is not a trial jury its function is to screen whether or not there is sufficient evidence to proceed to trial the judge said arguments on the defense request for judge to reconsider his decision not to dismiss the charges are scheduled to be heard january 26 so obviously after he has the hearing and we have more information we'll get it added to the catalog but there's a a bit of a lull in the action if you will when it comes to this case there's not much coming out and that even goes for the court documents so as that stuff comes out and as it becomes available on the docket we'll get it added but as of now this is where everything stands up in moscow and the investigation into brian koburger all right folks that's going to do it for this one all the information that goes with this episode can be found in the description box you slept through your alarm miss the train and your breakfast sandwich cold sounds like you could use some luck i'm victoria cash and lucky land is where people go every day to get lucky at lucky land you can play over a hundred casino style games for free for your chance to redeem some serious prizes go to lucky land slots dot com and get lucky today no purchase necessary vtw group void we're prohibited by law 18 plus terms and conditions apply