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February 12, 2025 • 24 mins

Bryan Kohberger has been back in court in the past weeks as his defense team attacks many key pieces of evidence. Also, new information not previously shared publicly has come to light throughout these hearings. Listen now. - - Thank you to our show sponsor BetterHelp. It's okay to not be okay, BetterHelp is making therapy more accessible and affordable. Save 10% on your first month by visiting BetterHelp.com/Terin - - To suggest a case please email AutopsyofaCrimePod@gmail.com

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(01:56):
Hello Clarisse, welcome to or welcome back to Autopsy of a
Crime. Today's episode is going to be
an update episode on the Idaho case.
A lot of people are dubbing at Idaho for.
I just personally, I don't love it.

(02:19):
So this is an update on the caseof the murders of the Idaho
students, Kaylee Gung Calvez, Zanna Kernodle, Ethan Chapin and
Madison Morgan. And they're is a lot to talk
about. Brian Koburger's defense team is

(02:41):
working overtime doing the things that defense teams do.
So if you've been following the case, you know that the request
for a change of venue was approved.
It has been moved out of Moscow and it is now being oversaw by
Judge Hipler. I have to admit I I do tend to

(03:04):
like Judge Hitler more than Judge Judge who was the judge
overseeing the case in Moscow. Judge Hitler seems fair.
He challenges both the prosecution and the defense and
overall has a no nonsense kind of aura and we like that for

(03:25):
him. So Brian Koburger and his
defense team, as well as the prosecution in the past couple
of weeks have been in and out ofvarious hearings because the
defense is attacking several items.
So the first one, and I think probably most importantly, the

(03:48):
defense is attacking the DNA, requesting that ultimately it be
suppressed. Their claim is that it was
gathered or LED to Koburger illegally.
The state used investigative genetic genealogy, also known as
IgG, which is a process of entering DNA profiles into

(04:08):
public databases. They then find relatives, build
out a family tree and then narrow the list of potential
suspects, which is how they got to Brian Koburger.
Naturally, they're attacking theDNA because arguably it is the
most damning evidence. Not only was his DNA found, but

(04:34):
it was found on a button of a knife sheath where 4 victims
were brutally murdered with a knife.
A knife that, mind you, almost always comes with or has a
sheath that holds the knife whenit is not in use.

(04:57):
So to add to that damning evidence, it's been stated that
this sheath was found next to orunder.
It's a little unclear. One of the victims and Judge
Hitler, as I mentioned, while Ann Taylor was arguing the issue
of the DNA and the things the things she says, Judge Hitler

(05:23):
had a great point. The location in the DNA is
important. If it was found on a sheath of a
knife and the victims were murdered by stabbing, absolutely
it matters. So another issue that has come
up is that there is no right to privacy.

(05:43):
While they've been arguing this DNA, there's no right to privacy
or a warrant needed for DNA thatis collected at a crime scene.
Therefore, his DNA being on thisbutton of a knife sheath
collected at a crime scene wherefour people were brutally

(06:04):
murdered, they don't need a warrant to collect that knife
sheath as as evidence. And that evidence then had ADNA
sample on it. Nonetheless, this item is
without a doubt connected to thecrimes.
So it would also seem that an individual they cannot claim any

(06:29):
privacy rights to this genetic genealogy or the IgG.
They cannot claim privacy rightswhen a relative has willingly
submitted their DNA to any such database.
That could then lead to a relative who is potentially a

(06:50):
suspect or whose DNA matches to a relative who has willingly
submitted their DNA to these sorts of databases.
You cannot claim privacy becausethat relative chose to do that.
And if you're out here committing a crime and genetic

(07:14):
genealogy because your relativesshared their DNA links back to
you, that's not a privacy claim.Moving along, new information
has also come to light that prior to the King Rd. murders,
there was a break in nearby college.

(07:35):
Female awoke to a masked man in black holding a knife in her
room. Now this person fled the scene
and has still not been identified.
There was a roommate at home andawake during this break in and
this perpetrator entered one girl's bedroom and not the

(07:58):
others. Roommate was awake, didn't quite
know what was going on until theother roommates seen this man
started screaming. I believe the body camera
footage shows and you can hear her saying that she kicked him
in the stomach or something and that this person made no sounds

(08:19):
throughout this incident, not when she kicked him.
Nothing. No words, no sounds.
So the circumstances around thisbreak in have concerning
similarities to what we know about the King Rd. case.

(08:40):
However, it's possible that the defense is going to use this and
the similarities to attempt to cast out that perhaps the person
who attacked the students on King Rd. is the person that
broke into this house nearby. Quite frankly, how do we know
Koeberger wasn't that person? That person has not been

(09:04):
identified and this is just a personal opinion.
I find it so hard to believe if he is indeed guilty, that
someone goes from zero. Not even to 100, zero to 1000.

(09:25):
Statistically, it is nearly unheard of for a person, a
killer to go from zero to killing four people inside of a
home. And I'm very interested and
curious if there is investigative work being done to
compare perhaps other unsolved crimes that are similar to this

(09:48):
method and mode of operation that was used at the King Rd.
home for those murders. This was not a mass shooting.
This was an intimate, up close and personal murder of four
people in a very small window oftime.
Now, Ann Taylor argued during one of the recent hearings that

(10:11):
one of the surviving roommates has a credibility issue because
over multiple interviews with law enforcement, she stated that
she had been drinking. Quite frankly, Ann Taylor is
trying to paint her out to be some sort of a raging alcoholic
and she can't remember anything and she's not reliable.
And this witness said that she was not sure if what she was

(10:35):
hearing and had seen was a dreamand that she had trouble
remembering some things. However, I mean, let's be
honest, it stands to reason she was not dreaming since she
believed she saw a man in the home masked and the following
morning, four of her friends, her roommates, were found

(10:57):
brutally murdered. It's probably fair to say she
was not dreaming when she's seenthis masked person in the home.
Now, Olean Taylor, she's also requested a Frank's hearing
stating that investigators misled the magistrate when they
were obtaining warrants. It seems again, she is

(11:20):
specifically honing in on statements made by one of the
surviving roommates, DM, and is raising issues with statements
made during interviews and what was included in the probable
cause affidavit of what she saidduring these interviews.
Now some interesting informationwe had not heard previously is

(11:40):
that DM was interviewed shortly after the 911 call when police
arrived at the scene and she stated that she was sure she
heard someone go upstairs and then come back downstairs.
However, and Taylor says that the person DM says she heard

(12:00):
going up and down the stairs could not have been because that
person was killed in bed and remained there.
So there seems to be an issue with either the timing of when
DM heard this, but the argument by defense is leaning more into

(12:21):
that there is a credibility issue with DM because she is not
sure what she's seen or what sheheard.
Another new piece of informationis that DM believed she heard
someone crying in the bathroom. Going to credibility, it will be

(12:42):
interesting to find out if any of the victims were found in or
near a bathroom or this bathroomthat DM believed she heard
someone crying in. There are many, many floor plans
of the King Rd. home if you all want to go do your own research.

(13:05):
DM and Zana's bedrooms were on the same floor and that is the
floor with the kitchen as well as the infamous sliding glass
door that it is believed the murderer entered through now.
Prosecution defended the statements made by DM, saying

(13:27):
that her description of the man in black that she's seen inside
of the home never changed, that description also matching
Koburger. Prosecution also went on to say
that the witness was texting what she had seen, which is also
new information information. Prosecution also added that

(13:47):
Koburger's phone was in the vicinity of the home, pinging
the cell tower that would provide service to that area and
the home. Now, since Ann Taylor's request
for a Frank's hearing, several documents have been added to the
public case file. While while we can see the
titles and description of the documents that have been added,

(14:11):
you of course cannot see the documents themselves.
These documents include warrantsfor Google, Amazon, AT&T, which
is, is, or was Koburger's cell phone provider, as well as a
traffic stop that Koburger was involved in several months prior

(14:33):
to the murders. There are also documents
relating to hair samples, DNA warrants to search the residence
and vehicle of Koburger and itemize list of items taken as
well as lab results for several items.
The prosecution is also fightingto have evidence and statements

(14:56):
made by Koeberger. The defense is trying to have
those suppressed as well so prosecution's fighting it.
The defense is asking that statements and evidence that was
gathered during his arrest in Pennsylvania at his parents home
be suppressed because the warrant was a no knock warrant.

(15:19):
I think the key here is that there was a warrant.
So prosecution raised that Koeberger was not given any
amount of time to surrender because it was a no knock
warrant. However, the defense is acting

(15:42):
as though he wasn't even given achance to surrender.
This was severely blown out of proportion.
Property was destroyed. It was overkill.
It violated his rights. Now, however, the Supreme Court

(16:04):
has already decided on this sortof situation on a similar case
regarding not knocking before entering a premise and also due
to safety of law enforcement, successfully apprehending the
suspect and not giving time for a potential escape, attempted

(16:28):
escape, or putting the safety oflaw enforcement at risk.
An expert weighed in on this, stating that it does not violate
any amendment. Circumstances around the
surveillance of the parents homein Pennsylvania altered the plan

(16:50):
for arrest, and we don't know the details around that.
However, we do know now that there was a firearm seized from
the property of his parents whenhe was arrested.
So it seems fair to say they aresurveilling this property due to

(17:12):
what they are seeing, their planof executing this warrant and
his arrest changed due to circumstances or things that
they became aware of. Specifically, Hudson versus
Michigan determined a knock or lack thereof does not make any

(17:36):
evidence recovered open to beingsuppressed, especially since a
magistrate had signed off because there was probable cause
to make an arrest. Now let's get into some little
side notes here. And these are these are
opinions, allegedly all of the things I do think even though

(18:02):
she speaks with such conviction and some people may want to eat
up what she is saying as fact, the things that Ann Taylor says,
they need to be questioned. Do your research.
What she is arguing is not required to necessarily be
truthful. She is doing what a defense

(18:23):
attorney does. Some of these tactics, it's just
a defense attorney doing their job.
That is what they're there for and they are going to try and
cast doubt on anything that theycan.
The evidence and the forensics are what matters here.
The surviving roommates have complied with police as far as

(18:47):
the public knows. It was also stated that they
willingly handed over their phones so that the police could
download all of the data from their cell phones.
And just to be realistic, while I do love a great conspiracy
theory, how and why would so many agencies, including the

(19:08):
FBI, want to simply frame Koeberger, this random PhD
student from Washington State? Why?
And then also, what an incredible coincidence that his
phone turns off as he is traveling in the time frame of

(19:31):
the murders, then suddenly is back online and pinging towers
as he's heading home. An incredible coincidence, some
would say. And I know from previous cases
that I've followed, law enforcement can tell they can
get the data. They can tell how many times in

(19:53):
the lifetime of a phone that that phone disconnected from
service. How many times it was either
turned off or placed in airplanemode throughout the lifetime of
the phone where it was not giving any data nor receiving

(20:13):
any data was not pinging towers and that will likely be very
telling information in this case.
If they do obtain that information and they present it
during trial, it'll be a very interesting to know if his phone
ever disconnected from service prior to the night of the

(20:37):
murders when it disconnected andthen came back online.
And then to add to all of the things, Idaho lawmakers are
working to make the firing squadthe primary method of the death
penalty. The bill, the bill has moved
through the House and is headed to the Senate.

(20:59):
And while this is not necessarily because of Brian
Koburger, it will indeed affect him because this is a death
penalty case. And that is something else that
the defense is raising issue with.
They feel that the firing squad is a cruel and unusual
punishment. I personally feel that being

(21:20):
brutally stabbed to death in your home, your safe place, is a
cruel and unusual punishment. However, I'll share my thoughts.
I personally have no problem with the death squad, the firing
squad. I'm sorry the medicines needed
for lethal injection. They are hard to get and they do

(21:43):
sometimes fail, resulting in a prolonged death or a failed
lethal injection altogether. Not to mention, due to the
difficulty getting these medications, how long convicted
persons sit on death row waiting, more times than not,

(22:10):
they die in prison sitting on death row waiting before they
ever actually make it to the death penalty.
Whereas the firing squad, quite frankly, there's no shortage of
bullets and it is extremely fastand extremely accurate.

(22:33):
And I mean, if it's fast and it's accurate, it is a near
instant death. I'm not entirely sure why that
would be considered cruel and unusual.
The risk of the lethal injectionnot working is cruel and

(22:58):
unusual. The side effects that that could
cause or the prolonged sufferingpotentially before this person
dies. Firing squad is fast and it's
accurate and it would also reduce the amount of inmates
that are sitting on death row for very very extended periods

(23:22):
of time. So I would love to hear y'all's
thoughts. Sound off comment, e-mail me.
There is there has been an Instagram for all topsy of a
crime. There is now a Facebook as well
and feel free to sign up for thenewsletter.
It is on Substack. It is Autopsy of a

(23:44):
crime.substack.com. And then if you have any
suggestions for cases I should cover, please reach out.
It is autopsy of a crimepod@gmail.com.
Thank you guys so much for listening and I will talk to you
soon. Bye.
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