WEBVTT - The Circus of Murder

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<v Speaker 1>Since Moscow police began investigating the brutal murders of four

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<v Speaker 1>University of Idaho students at an off campus home on

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<v Speaker 1>November thirteen, they have claimed it was a targeted attack.

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<v Speaker 1>The Leyta County Prosecutor doubled down on those claims, saying

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<v Speaker 1>investigators believe one of the victims was the intended target.

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<v Speaker 2>This is the Idaho Massacre a production of KT Studios

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<v Speaker 2>and iHeartRadio, episode eight The Circus of Murder Courtney Armstrong,

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<v Speaker 2>a television producer at KAT Studios, with Stephanie Leidecker, Jeff Shane,

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<v Speaker 2>and Connor Powell, as the mystery of the brutal murderers

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<v Speaker 2>of Keille Gonsalvez, Madison Mogan, Xana Kernodle, and Ethan shape

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<v Speaker 2>and unfolded. The national spotlight on the case grew brighter

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<v Speaker 2>when Brian Coburger was arrested at his parents' home on

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<v Speaker 2>December thirtieth. That public spotlight intensified. The newspaper headlines and

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<v Speaker 2>breaking news alerts for the criminologists turned killer practically wrote themselves. Reporters,

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<v Speaker 2>TV anchors, crime writers and legal analysts poured over the

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<v Speaker 2>probable cause Affidavid, laying out the case against Coburger. As

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<v Speaker 2>they flocked to Pennsylvania and then Idaho to cover his extradition, hearing,

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<v Speaker 2>and first court appearance in Moscow. The worldwide appetite for

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<v Speaker 2>information about the investigations seemed impossible to satisfy. But before

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<v Speaker 2>Coburger even arrived in Idaho, Latta County Judge Megan Marshall

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<v Speaker 2>issued a non dissemination order. The move barred attorneys, law

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<v Speaker 2>enforcement officials, and anyone associated with the investigation from talking

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<v Speaker 2>about the case. Judge Marshall defended the sweeping decree, saying

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<v Speaker 2>the gag order was needed to protect Brian Coburger's right

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<v Speaker 2>to a fair trial. Two weeks later, Judge Marshall expanded

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<v Speaker 2>the gag order to include the families and lawyers for

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<v Speaker 2>the victims from speaking publicly. Journalists were furious, and more

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<v Speaker 2>than twenty media organizations challenged the restrictions. So too did

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<v Speaker 2>the lawyer for Kley Gonsalvas's family. Attorney Shannon Gray, argued

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<v Speaker 2>the gag order violated the family's right to free speech

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<v Speaker 2>and silence the victim's family's voice while those closest to

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<v Speaker 2>the investigation were barred from talking about the case. Public

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<v Speaker 2>demand for information only intensified. Curious spectators and wannabe detectives

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<v Speaker 2>on social media became obsessed with the case, and Brian

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<v Speaker 2>Coburger tours passed. The home on King Rhode in Moscow

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<v Speaker 2>became a regular occurrence. Chat forums on websites like Reddit

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<v Speaker 2>exploded and its online community both fervently followed the investigation

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<v Speaker 2>and at times inserted itself into the story, sifting through

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<v Speaker 2>the facts, speculation, and rumors of the investigation. While the

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<v Speaker 2>gag order prevents leaks and has kept the pre trial

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<v Speaker 2>hearings orderly, a circus has developed outside of the courtroom

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<v Speaker 2>on social media and chatforms like Reddit. From a distance,

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<v Speaker 2>the circus seems harmless, but for any involved in trying

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<v Speaker 2>the case, the fear is the circus could seriously impact

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<v Speaker 2>the prosecution and trial of Brian Coberger.

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<v Speaker 3>I was actually late to finding out the story. I

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<v Speaker 3>think it was on Thanksgiving. My cousins were actually all

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<v Speaker 3>talking about it at Thanksgiving table, and I had no

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<v Speaker 3>idea that this aid honestly occurred.

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<v Speaker 2>By day. This anonymous redditor works in a New York

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<v Speaker 2>City office.

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<v Speaker 3>I started looking into it just on my own through

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<v Speaker 3>news articles, and then my cousin actually suggested I look

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<v Speaker 3>on Reddit if I want to find the real deal.

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<v Speaker 2>But by night he's part of the hundreds of thousands

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<v Speaker 2>of people who flocked to sites like Reddit to sift

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<v Speaker 2>through the latest information in the University of Idaho murders

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<v Speaker 2>and debate the many aspects of the Brian Coberger investigation.

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<v Speaker 3>And I actually had never used Reddit, I even know

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<v Speaker 3>how to use it, how to find communities, posts, etc.

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<v Speaker 3>And then she showed me one community, and then I

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<v Speaker 3>just got immediately sucked in and went so deep into

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<v Speaker 3>every crevice of every theory at that time and now

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<v Speaker 3>can't get enough.

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<v Speaker 2>In the immediate days and weeks following the gruesome murders,

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<v Speaker 2>the number of discussion groups on websites like Reddit and

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<v Speaker 2>Facebook exploded. With no name suspects in the murder investigation,

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<v Speaker 2>internet sleuths began pouring over the few details of the case.

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<v Speaker 2>As we previously discussed, some Internet users incorrectly identified innocent

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<v Speaker 2>people and charged them on social media with crimes they

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<v Speaker 2>were innocent enough. Others tried to find links between the

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<v Speaker 2>few people randomly caught up in the tragic events, such

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<v Speaker 2>as the food truck employees and the door dash driver

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<v Speaker 2>who delivered late night snacks to Xana Kernodle. Even the

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<v Speaker 2>personal lives of the victims' families became fodder for the

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<v Speaker 2>chat forums. When Xana Kernodle's mother, Kara, was detained on

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<v Speaker 2>November nineteenth on drug related charges, many on the Internet

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<v Speaker 2>tried to link her to the murders. Here's the anonymous

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<v Speaker 2>Reddit user speaking with producer Jeff Shane.

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<v Speaker 3>People are invested in the story. They wanted to go longer,

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<v Speaker 3>and like, I can't help but like read some of

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<v Speaker 3>these comments and like see some justification in it. It's

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<v Speaker 3>kind of like the saying where there's smokeler's fire, and

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<v Speaker 3>so everyone kind of latches onto everything. So whether it's

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<v Speaker 3>that Uber driver that talked about the house to someone

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<v Speaker 3>that combined with the fact that a couple of their

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<v Speaker 3>parents were drug addicts or were arrested on drug charges,

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<v Speaker 3>that maybe some of them seemed on drugs and police

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<v Speaker 3>videos when they were when police had to show up

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<v Speaker 3>for noise complaints, and so then you strain all these

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<v Speaker 3>individual things together. But then the fact that Brian as

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<v Speaker 3>an ext drug addict, So then I don't know, like

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<v Speaker 3>it's hard to make sense of all of that, and

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<v Speaker 3>everything kind of seems like a coincidence one way or

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<v Speaker 3>the other, that maybe Brian was maybe it was drugs.

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<v Speaker 3>Maybe Brian was involved because it was involving drugs, that's

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<v Speaker 3>one way to make the connection. Or maybe because it

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<v Speaker 3>was drugs and serious drugs and their parents that this

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<v Speaker 3>is like a cartel and the kids had to pay

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<v Speaker 3>for something the parents did. I mean, you could just

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<v Speaker 3>go so crazy, but still kind of plausible.

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<v Speaker 4>I'm curious what your answer is, why this case, Why

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<v Speaker 4>do you think you're so invested in it?

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<v Speaker 3>You know, it's really interestingly, I don't know. My first

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<v Speaker 3>thought about why I was interested in it is because

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<v Speaker 3>it feels like it could happen to anyone in a

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<v Speaker 3>college town like that when you hear on reddite people

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<v Speaker 3>being like, oh, it's a huge party house. Oh they

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<v Speaker 3>didn't lock the door. Okay, but we didn't lock the

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<v Speaker 3>door either, And there were strangers in all the time,

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<v Speaker 3>you know, eight and out. You didn't know who anyone

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<v Speaker 3>could be, if they were supposed to be there, if

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<v Speaker 3>they weren't, And so I think part of it is

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<v Speaker 3>around the fact that it could just happen to anyone.

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<v Speaker 2>When Brian Kolberger then an unknown twenty eight year old

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<v Speaker 2>criminology student, was arrested on December thirtieth, nearly seven weeks

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<v Speaker 2>after the murders. The chat forums responded with a flurry

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<v Speaker 2>of reactions.

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<v Speaker 3>When they made the arrest of Brian end of December.

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<v Speaker 3>It's kind of like the Reddit community was kind of

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<v Speaker 3>like pissed, not whether or not at that time it

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<v Speaker 3>was him or not, but that kind of their rogue

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<v Speaker 3>investigation was over. So the boards went quiet for a

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<v Speaker 3>while right after New Year's and then I think think

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<v Speaker 3>it was when the aff and David came out, when

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<v Speaker 3>the list of items that they seized or his house

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<v Speaker 3>came out. Then it reignited. Everyone kind of lit a

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<v Speaker 3>fire into everyone's ass to challenge some more concrete information

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<v Speaker 3>about him.

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<v Speaker 2>Here's Jeff and Stephanie.

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<v Speaker 4>Since Coburger's arrest, sites like Reddit and TikTok have poured

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<v Speaker 4>over every detail of his life and his possible connection

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<v Speaker 4>to the victims.

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<v Speaker 5>And after Kaylee's father suggested that there may in fact

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<v Speaker 5>have been a connection between Coburger and his daughter, many

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<v Speaker 5>people online speculated that Coburger was literally stalking Kaylee and

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<v Speaker 5>that maybe that was the motive for the murder.

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<v Speaker 4>Yeah stuff. One poster speculated that Kaylee or Madison met

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<v Speaker 4>Coburger at the Mad Greek, the restaurant they worked at downtown, saying,

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<v Speaker 4>didn't Kaylee and Madison work at a vegan restaurant? Isn't

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<v Speaker 4>he vegan? And for the record, we've said in the

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<v Speaker 4>past Mad Greek, where they worked, is a pizza shop,

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<v Speaker 4>not a vegan restaurant, and the owner has public said

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<v Speaker 4>there is no record of Coburger ever eating there, but

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<v Speaker 4>that has not stopped the online rumor mill.

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<v Speaker 5>Others also continued the debate about Coburger's possible motive, saying

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<v Speaker 5>that Ethan and Keiyley were just in the wrong place

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<v Speaker 5>at the wrong time, and that maybe Madison and Xana

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<v Speaker 5>were the real targets since Coburger actually went to their bedroom. Again,

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<v Speaker 5>so much of this is just speculation.

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<v Speaker 4>But through all these posts, one thing is clear. Uninformed

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<v Speaker 4>theories become facts, and misinformation spreads like wildfire.

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<v Speaker 3>Everyone becomes a lawyer. You don't have to prove that

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<v Speaker 3>he's innocent, you just have to prove that he's not guilty.

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<v Speaker 3>And so with that mentality, everyone is just looking for

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<v Speaker 3>every single hole that they can anywhere, whether it's cell

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<v Speaker 3>phone tower pings that put him put him there thirteen times,

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<v Speaker 3>but kind of cell phone tower ping from twenty five

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<v Speaker 3>miles away, which would still put him where he was

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<v Speaker 3>at home. When the police put up the original request

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<v Speaker 3>or the identification of the Hyundai, they said it was

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<v Speaker 3>like twenty ten or to a twenty thirteen model. Then

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<v Speaker 3>why all of a sudden did they figure out it

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<v Speaker 3>was a twenty fifteen model and it was actually Brian's

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<v Speaker 3>And how can an expert get this twenty ten to

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<v Speaker 3>twenty thirteen classification wrong? Then there's another thing that they're

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<v Speaker 3>poking holes in around the sheath, And like the touch DNA,

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<v Speaker 3>it went to a lab in Idaho first and nothing

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<v Speaker 3>was found apparently, and then it was transferred to a

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<v Speaker 3>lab in Texas. That's where they found the touch DNA

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<v Speaker 3>that matched Brian's. And whether or not that's just because

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<v Speaker 3>it's a better lab, or did police tamper with it

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<v Speaker 3>during transit frame Brian doing that.

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<v Speaker 4>I've never read that that even the sheaf got transferred.

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<v Speaker 4>Is that officially true?

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<v Speaker 3>Or so? That's think with this whole Reddit thing is

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<v Speaker 3>when you read seventy theories about something and you can

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<v Speaker 3>find yourself believing every single one. You can't. I can't

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<v Speaker 3>keep track of honestly, what is real and what is not,

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<v Speaker 3>and what's confirmed or not. It just all gets jumbled in.

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<v Speaker 3>So then if you have a bunch of potentially true facts,

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<v Speaker 3>and you can string them together in any any coordinated effort,

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<v Speaker 3>you can make yourself believe anything.

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<v Speaker 4>It doesn't really matter what's true or not true. It

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<v Speaker 4>just matters if you get the most up votes.

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<v Speaker 3>I guess, yeah, yeah, seriously, if you get the most

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<v Speaker 3>up votes, or if it's the most sensational of all

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<v Speaker 3>the facts that I read that day, I'll remember that fact,

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<v Speaker 3>and then when I read a new fact, I'll compare

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<v Speaker 3>it to that, and I can string them together and

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<v Speaker 3>make myself believe Brian's wrongly being held right now.

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<v Speaker 4>What do you think happened? He did it, but why

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<v Speaker 4>and what are the circumstances.

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<v Speaker 3>I think he was obsessed with one of them. I

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<v Speaker 3>don't know which one it was, Whether it's Maddie or Kaylee,

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<v Speaker 3>I don't know. I think it is a lot simpler,

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<v Speaker 3>which I think is also why people are trying to

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<v Speaker 3>grasp for straws with all these other firefetch theories. I

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<v Speaker 3>think it was obsessed with one of them. I kind

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<v Speaker 3>of believe maybe one of them at a restaurant they

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<v Speaker 3>were working at, and then stalk them. And then I

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<v Speaker 3>don't know what the motive would be that night, because

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<v Speaker 3>then it gets weird with all the other people in

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<v Speaker 3>the house. The one thing I will say, just what

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<v Speaker 3>I keep saying, I think it's simple, But then I'm like,

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<v Speaker 3>with all those people in the house, how could one

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<v Speaker 3>person have done it? And then like, was he maybe.

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<v Speaker 4>Just a getaway car?

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<v Speaker 3>But do you see how I'm spirally from something very

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<v Speaker 3>simple I just believed, And I can't stay on that

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<v Speaker 3>very simple fact because then it does just get complicated.

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<v Speaker 3>When everything first happened, everyone was obsessed with this door dash.

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<v Speaker 3>Now then we got the victim, then had Brian as

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<v Speaker 3>the potent, and now everyone's gotten so far down so

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<v Speaker 3>many rabbit holes. Why have we forgotten about this door

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<v Speaker 3>dash man? And like it hasn't been a topic of

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<v Speaker 3>conversation when it feels like if he was there four

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<v Speaker 3>minutes or seven minutes before everything started, that seems really

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<v Speaker 3>like tight timing.

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<v Speaker 2>Let's stop here for a break. We'll be back in

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<v Speaker 2>a moment. This far reaching and endless public debate where

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<v Speaker 2>information is twisted and distorted is one of the main

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<v Speaker 2>reasons Lada County Judge Megan Marshall initially instituted and expanded

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<v Speaker 2>the gag order surrounding the case. Both Coburger's attorneys and

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<v Speaker 2>the prosecution support the gag order to protect Coburger's right

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<v Speaker 2>to a fair trial. Six months after Coburger's arrest, the

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<v Speaker 2>court's hurt emotion in June by a coalition of media

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<v Speaker 2>organizations to lift the gag order.

0:14:00.840 --> 0:14:04.160
<v Speaker 1>The media coalition was fighting for the non dissemination order

0:14:04.200 --> 0:14:06.120
<v Speaker 1>to be altered in an effort to be able to

0:14:06.160 --> 0:14:08.000
<v Speaker 1>report more of the facts of this case.

0:14:08.640 --> 0:14:12.480
<v Speaker 2>Wendy Olsen, an attorney representing journalists, argued the gag order

0:14:12.600 --> 0:14:16.080
<v Speaker 2>leads to rampant speculation and removing it would improve the

0:14:16.120 --> 0:14:19.280
<v Speaker 2>coverage of the case, adding that there were other tools

0:14:19.280 --> 0:14:21.960
<v Speaker 2>the legal system could use to protect a defendant's right

0:14:22.080 --> 0:14:24.840
<v Speaker 2>to a fair trial. This includes moving the trial to

0:14:24.880 --> 0:14:27.680
<v Speaker 2>a different city or asking potential jurors if they are

0:14:27.680 --> 0:14:30.520
<v Speaker 2>willing to be impartially in the case. The judge dismissed

0:14:30.560 --> 0:14:35.560
<v Speaker 2>those ideas complicated, time consuming, and costly. Shannon Gray, an

0:14:35.600 --> 0:14:38.920
<v Speaker 2>attorney for the Gonsalvest family also pushed the judge to

0:14:38.960 --> 0:14:41.640
<v Speaker 2>lift the restrictions, saying he should be able to speak

0:14:41.680 --> 0:14:45.440
<v Speaker 2>for Keiley's family. The judge, however, seemed unlikely to ease

0:14:45.480 --> 0:14:50.080
<v Speaker 2>the restrictions during the six hour hearing. The media coalition

0:14:50.240 --> 0:14:52.760
<v Speaker 2>also requested that cameras be allowed in the courtroom for

0:14:52.840 --> 0:14:56.320
<v Speaker 2>the trial, and argued that media coverage and publicity in

0:14:56.360 --> 0:15:01.000
<v Speaker 2>and of itself is not prejudicial. However, Cobacker's attorneys pushed

0:15:01.040 --> 0:15:04.440
<v Speaker 2>back on the request, saying that past descriptions of Coburger

0:15:04.480 --> 0:15:07.840
<v Speaker 2>published in print as quote cold and like a demon,

0:15:08.240 --> 0:15:11.160
<v Speaker 2>and video clips of him blankly staring forward in court

0:15:11.400 --> 0:15:16.640
<v Speaker 2>could prejudice potential jurors against Coburger. Leida County Judge Joe

0:15:16.720 --> 0:15:19.400
<v Speaker 2>Judge said he would think about the motions and would

0:15:19.440 --> 0:15:24.000
<v Speaker 2>issue a written order in the days to come. Gag orders,

0:15:24.040 --> 0:15:27.280
<v Speaker 2>while rare, are often used in high profile cases, like

0:15:27.320 --> 0:15:31.040
<v Speaker 2>in the Half Bay Moon murder investigation and the jodiariastrial,

0:15:31.760 --> 0:15:34.160
<v Speaker 2>or any case where the national spotlight burns bright.

0:15:34.960 --> 0:15:37.680
<v Speaker 6>The personal investment is interesting. I mean I even see

0:15:37.680 --> 0:15:40.200
<v Speaker 6>it on comment boards and stuff like that. People are

0:15:40.320 --> 0:15:44.960
<v Speaker 6>so interested. We had this interest in it from the

0:15:45.000 --> 0:15:48.720
<v Speaker 6>start before Brian Kolberger's name is associated with the case

0:15:48.800 --> 0:15:53.280
<v Speaker 6>right because it was this killing in a small town

0:15:53.960 --> 0:15:58.320
<v Speaker 6>for college students at the precipice of beginning their lives,

0:15:58.360 --> 0:16:01.600
<v Speaker 6>and that in and of itself, we've created drama around

0:16:01.600 --> 0:16:04.480
<v Speaker 6>the case before mister Kulberker's name came into it.

0:16:05.160 --> 0:16:08.920
<v Speaker 2>Kirk Nurmi was Jodiarius his defense lawyer. In twenty thirteen,

0:16:09.040 --> 0:16:11.800
<v Speaker 2>she was tried and convicted of murdering her ex boyfriend

0:16:11.800 --> 0:16:15.880
<v Speaker 2>Travis Alexander. Her trial remains a cautionary tale of what

0:16:16.000 --> 0:16:18.800
<v Speaker 2>can go wrong when a circus like atmosphere is allowed

0:16:18.840 --> 0:16:23.480
<v Speaker 2>to develop around a high profile trial. Cheers erupted as.

0:16:23.200 --> 0:16:28.200
<v Speaker 6>Soon as look back. Now we're at the ten year

0:16:28.200 --> 0:16:31.440
<v Speaker 6>anniversary of the area's verdict, and you know, you can

0:16:31.480 --> 0:16:35.400
<v Speaker 6>see pictures of people crowding the sidewalk between the court

0:16:35.440 --> 0:16:37.880
<v Speaker 6>buildings just to be there for the verdict.

0:16:41.320 --> 0:16:44.880
<v Speaker 2>History is full of high profile murder investigations and trials

0:16:44.880 --> 0:16:49.280
<v Speaker 2>that turn into public spectacles. The Jodiaria's trial surpassed almost

0:16:49.320 --> 0:16:51.240
<v Speaker 2>all of them because it was one of the first

0:16:51.280 --> 0:16:55.520
<v Speaker 2>significant social media events of the social media era. At first,

0:16:55.560 --> 0:16:59.200
<v Speaker 2>the case received very little attention outside of Arizona, despite

0:16:59.240 --> 0:17:02.280
<v Speaker 2>the sensational details.

0:17:03.440 --> 0:17:07.000
<v Speaker 1>Travis Alexander was found dead in his shower. He was

0:17:07.040 --> 0:17:10.639
<v Speaker 1>shot in the face, stabbed twenty seven times, and his

0:17:10.760 --> 0:17:12.560
<v Speaker 1>throat was slit from ear to ear.

0:17:15.400 --> 0:17:18.639
<v Speaker 2>Friends of Travis Alexander found his mutilated body in his

0:17:18.680 --> 0:17:21.960
<v Speaker 2>apartment after he failed to show up to work. It

0:17:22.080 --> 0:17:26.640
<v Speaker 2>was a gruesome murder scene. Among the evidence police recovered

0:17:26.640 --> 0:17:29.760
<v Speaker 2>from the site was a digital camera with sexually explicit

0:17:29.800 --> 0:17:33.119
<v Speaker 2>photos of Arius and Alexander from the day he was murdered.

0:17:33.600 --> 0:17:37.280
<v Speaker 2>The final shot was of him bleeding profusely in the bathroom.

0:17:37.560 --> 0:17:41.400
<v Speaker 2>Investigators also found a bloody palm print and DNA belonging

0:17:41.440 --> 0:17:45.080
<v Speaker 2>to Jodiarius. Later in the summer, Arius was arrested in

0:17:45.160 --> 0:17:47.920
<v Speaker 2>charge with murder. The first interest in the case only

0:17:48.000 --> 0:17:51.359
<v Speaker 2>appeared when Jodyarius gave a few jailhouse interviews.

0:17:51.800 --> 0:17:53.879
<v Speaker 7>No jury is going to convict me. Why not?

0:17:54.359 --> 0:17:56.320
<v Speaker 4>Because I'm innocent and you can mark my words on

0:17:56.320 --> 0:17:56.600
<v Speaker 4>that one.

0:17:56.600 --> 0:17:57.639
<v Speaker 5>No Jerry will convict me.

0:18:01.840 --> 0:18:05.280
<v Speaker 2>But even the initial interest following Jodi Aarres's declaration of

0:18:05.280 --> 0:18:08.679
<v Speaker 2>innocence on TV was minor compared to the current fascination

0:18:08.880 --> 0:18:10.640
<v Speaker 2>with the University of Idaho murders.

0:18:11.040 --> 0:18:13.800
<v Speaker 6>It's a little different than the Coburger situation, and it

0:18:13.840 --> 0:18:16.480
<v Speaker 6>wasn't quite in the headline the way Colberger was. I mean,

0:18:16.480 --> 0:18:19.960
<v Speaker 6>you think about Coburger the murder, so his name wasn't

0:18:19.960 --> 0:18:23.760
<v Speaker 6>associated with it yet, of course, but those murders in Moscow,

0:18:23.920 --> 0:18:26.200
<v Speaker 6>being in a college down when it was a who

0:18:26.359 --> 0:18:29.360
<v Speaker 6>done it certainly caught the attention of the nation before

0:18:29.400 --> 0:18:32.639
<v Speaker 6>any arrests were made. But Coolburgers was right from the

0:18:32.680 --> 0:18:36.440
<v Speaker 6>start when these bodies were found, the manhunt was underware.

0:18:36.480 --> 0:18:39.320
<v Speaker 6>The media got onto the man hunt and certainly was

0:18:39.400 --> 0:18:44.679
<v Speaker 6>there all throughout his apprehension his arrest. There's a huge

0:18:44.720 --> 0:18:47.399
<v Speaker 6>media presence in this case from the geta.

0:18:48.119 --> 0:18:52.040
<v Speaker 2>Because of this intense public interest. Every minor police announcement

0:18:52.119 --> 0:18:55.560
<v Speaker 2>or court appearance by Coburger is followed, reported on, and

0:18:55.640 --> 0:19:00.560
<v Speaker 2>heavily scrutinized. This interest, however, could potentially impact Cooberg to

0:19:00.600 --> 0:19:01.280
<v Speaker 2>a fair trial.

0:19:03.320 --> 0:19:06.000
<v Speaker 6>If I were to file a pre trial motion in

0:19:06.400 --> 0:19:10.000
<v Speaker 6>the area's trial, I would walk into court and walk

0:19:10.080 --> 0:19:13.040
<v Speaker 6>out like it was John Smith. No one would care.

0:19:13.359 --> 0:19:16.920
<v Speaker 6>When Colberger files emotion and they have a court hearing,

0:19:17.400 --> 0:19:20.439
<v Speaker 6>everybody's going to care. And that's the distinctive, and.

0:19:20.280 --> 0:19:22.520
<v Speaker 4>That makes it harder because no one likes to do

0:19:22.560 --> 0:19:23.840
<v Speaker 4>their job under a microscope.

0:19:24.320 --> 0:19:26.439
<v Speaker 6>No one likes to do their job under a microscope

0:19:26.680 --> 0:19:29.679
<v Speaker 6>because it it just becomes more of a production. It

0:19:29.720 --> 0:19:31.600
<v Speaker 6>alters the court of public opinion.

0:19:31.680 --> 0:19:35.119
<v Speaker 2>Right, this unique and intense interest by the media and

0:19:35.160 --> 0:19:38.000
<v Speaker 2>the public has the potential to alter the jury pool.

0:19:40.880 --> 0:19:43.160
<v Speaker 6>Ultimately, all these things are going to be in the headlines,

0:19:43.200 --> 0:19:46.080
<v Speaker 6>and they are ultimately going to be things that will

0:19:46.119 --> 0:19:49.960
<v Speaker 6>be of consequence when vordaire happens, when the ultimately begin

0:19:50.040 --> 0:19:54.520
<v Speaker 6>to sit the jury. So, for example, this motion requesting DNA, right,

0:19:55.040 --> 0:19:57.320
<v Speaker 6>if I were to followed the similar motion during areas

0:19:57.440 --> 0:20:00.480
<v Speaker 6>a prospected jury would not have known about that. More

0:20:00.520 --> 0:20:03.480
<v Speaker 6>than likely in this case that might not be true.

0:20:03.720 --> 0:20:08.240
<v Speaker 6>And so it's not the microscope so much as is

0:20:08.560 --> 0:20:12.800
<v Speaker 6>the publicity and how that will infect a potential jury

0:20:13.440 --> 0:20:15.879
<v Speaker 6>because ultimately, you think about it, think about it, what

0:20:17.400 --> 0:20:20.120
<v Speaker 6>the rubber meets the road a trial, not in all

0:20:20.119 --> 0:20:23.520
<v Speaker 6>these different circumstances, right, the rubber meets the road at trial.

0:20:24.119 --> 0:20:27.919
<v Speaker 6>So when you have publicity engaging from the get go,

0:20:28.400 --> 0:20:33.720
<v Speaker 6>from before a suspect is identified, opinions for potential jurors

0:20:33.760 --> 0:20:34.520
<v Speaker 6>begin to form.

0:20:34.920 --> 0:20:38.760
<v Speaker 4>It's impossible to fully circumvent those preconceived notions. Is that

0:20:38.800 --> 0:20:40.480
<v Speaker 4>what you're saying, right.

0:20:40.600 --> 0:20:43.960
<v Speaker 6>It can be, And it also raises the prospect of

0:20:44.160 --> 0:20:47.840
<v Speaker 6>covert jurors. Let's say somebody decides they know Cobird's being

0:20:47.880 --> 0:20:51.280
<v Speaker 6>framed or they know he's guilty, they could get on

0:20:51.320 --> 0:20:55.399
<v Speaker 6>that panel and dodge their way into a trial, or

0:20:55.440 --> 0:20:58.200
<v Speaker 6>if they wanted to be on the panel in hopes

0:20:58.280 --> 0:21:00.879
<v Speaker 6>of stinking fame. And so that's why I think the

0:21:01.640 --> 0:21:04.520
<v Speaker 6>difference is so huge, Jeff. But if you think about

0:21:04.520 --> 0:21:08.000
<v Speaker 6>the dynamics of where the rubber meets the road, that jury,

0:21:08.680 --> 0:21:13.320
<v Speaker 6>that publicity and Coburger began from the discovery of the

0:21:13.440 --> 0:21:15.879
<v Speaker 6>murders makes things qualitatively different.

0:21:16.400 --> 0:21:19.080
<v Speaker 4>How did you as a public defender and how do

0:21:19.080 --> 0:21:22.800
<v Speaker 4>you think Coburger's attorneys will combat that? I mean, certainly

0:21:23.200 --> 0:21:25.600
<v Speaker 4>the jury is not supposed to take that into account,

0:21:25.640 --> 0:21:26.320
<v Speaker 4>but how can they.

0:21:26.240 --> 0:21:29.239
<v Speaker 6>Not, right, And there's no jury there, So there's this

0:21:29.480 --> 0:21:33.639
<v Speaker 6>massive public and the public to consume the information before

0:21:33.680 --> 0:21:37.479
<v Speaker 6>they ever become jurors or potential jurors. Right, So you know,

0:21:37.640 --> 0:21:39.760
<v Speaker 6>there's a lot of things I think that are going

0:21:39.840 --> 0:21:43.400
<v Speaker 6>on at this point in the case of his attorneys,

0:21:43.200 --> 0:21:46.640
<v Speaker 6>and because the death penalty is the specter that looms

0:21:46.680 --> 0:21:49.680
<v Speaker 6>over this case. Really, what his attorneys are doing now

0:21:49.720 --> 0:21:53.800
<v Speaker 6>are tasked with not only investigating the case and challenging

0:21:54.359 --> 0:21:57.480
<v Speaker 6>the evidence that the state is bringing forward in their

0:21:57.520 --> 0:22:01.199
<v Speaker 6>effort to convict mister Colberger of murder. They are looking

0:22:01.359 --> 0:22:06.000
<v Speaker 6>at investigating his life from conception to the day of

0:22:06.119 --> 0:22:09.119
<v Speaker 6>his rest so they can create a case for mitigation.

0:22:09.280 --> 0:22:11.960
<v Speaker 6>And while this is going on, of course, they have

0:22:12.320 --> 0:22:15.520
<v Speaker 6>to make this do all this, I guess, with the

0:22:15.560 --> 0:22:18.040
<v Speaker 6>specter of the presumption of guilt in the court of

0:22:18.040 --> 0:22:21.439
<v Speaker 6>public opinion and trying to fight against that, trying to

0:22:21.440 --> 0:22:23.120
<v Speaker 6>fight the evidence of the work.

0:22:25.760 --> 0:22:29.960
<v Speaker 2>Because Coburger's case, like Jodiarius Is, involves the potential for

0:22:30.040 --> 0:22:33.639
<v Speaker 2>the death penalty, Coburger's lawyers must work to both build

0:22:33.640 --> 0:22:37.119
<v Speaker 2>a defense and also an argument against the death penalty

0:22:37.240 --> 0:22:41.040
<v Speaker 2>if he is convicted. The intense public interest makes defending

0:22:41.119 --> 0:22:42.480
<v Speaker 2>Coburger challenging.

0:22:46.119 --> 0:22:50.560
<v Speaker 6>Ultimately, they're going to be fighting this presumption of guilt,

0:22:50.560 --> 0:22:52.600
<v Speaker 6>of course, and they're going to want to do everything

0:22:52.640 --> 0:22:55.359
<v Speaker 6>they can to collect all the evidence. You know, we

0:22:55.440 --> 0:22:58.000
<v Speaker 6>see that they're going after the DNA. They believe the

0:22:58.080 --> 0:23:01.800
<v Speaker 6>DNA might be exploratory means favorable to their clients. So

0:23:01.800 --> 0:23:04.159
<v Speaker 6>they're going to go after those things, and they're going

0:23:04.200 --> 0:23:06.959
<v Speaker 6>to go after other things, like in terms of building

0:23:06.960 --> 0:23:09.920
<v Speaker 6>a case for life, They're going to go after school records,

0:23:09.960 --> 0:23:13.520
<v Speaker 6>They're going to go after everything in his past that

0:23:13.680 --> 0:23:16.919
<v Speaker 6>might be help shed some light on if in fact

0:23:17.240 --> 0:23:20.080
<v Speaker 6>he did commit this case, why a jury should grant

0:23:20.160 --> 0:23:22.680
<v Speaker 6>him wife. So there's really two prongs that are going

0:23:22.760 --> 0:23:25.800
<v Speaker 6>on here, and it certainly made much more difficult without

0:23:25.880 --> 0:23:29.600
<v Speaker 6>media spector because anybody that could maybe be helpful to

0:23:29.680 --> 0:23:34.119
<v Speaker 6>mister Colberger probably too excited about coming forward because of

0:23:34.160 --> 0:23:38.320
<v Speaker 6>that media spector being involved in the case. Because you know,

0:23:38.400 --> 0:23:41.600
<v Speaker 6>a death penalty case is something that automatically goes up

0:23:41.640 --> 0:23:44.680
<v Speaker 6>to the US Supreme Court if a sentence of death

0:23:44.760 --> 0:23:47.800
<v Speaker 6>is imposed, they are going to need to be very

0:23:47.920 --> 0:23:51.439
<v Speaker 6>vigilant in the defense they provide mister Colberger. And that

0:23:51.640 --> 0:23:55.200
<v Speaker 6>is on two fronts, both for life and for confronting

0:23:55.240 --> 0:23:58.359
<v Speaker 6>the evidence. Presenting a defense in a case like this,

0:23:58.480 --> 0:24:01.840
<v Speaker 6>in the death penalty case is not a job for

0:24:01.920 --> 0:24:04.800
<v Speaker 6>the timid. I mean, you have to go forward in

0:24:04.840 --> 0:24:08.399
<v Speaker 6>the face of all this vitriol against your client and

0:24:08.480 --> 0:24:12.400
<v Speaker 6>go forward and seek out that exculpatory information, So they're

0:24:12.440 --> 0:24:15.119
<v Speaker 6>going to do that. We've seen that they are, you know,

0:24:15.240 --> 0:24:17.840
<v Speaker 6>in terms of the preliminary hearing, they or seeking the

0:24:17.960 --> 0:24:19.840
<v Speaker 6>surviving roommates testimony.

0:24:22.359 --> 0:24:25.080
<v Speaker 2>By the time Jody Arius went to trial, four years

0:24:25.119 --> 0:24:28.720
<v Speaker 2>after murdering Travis Alexander, interest in the case had grown,

0:24:29.119 --> 0:24:32.040
<v Speaker 2>but it exploded once the jerry was selected and the

0:24:32.119 --> 0:24:32.760
<v Speaker 2>trial began.

0:24:33.800 --> 0:24:38.640
<v Speaker 6>When Jody Arius finally reached trial in twenty thirteen, it

0:24:38.880 --> 0:24:41.040
<v Speaker 6>was a case that had been going on for years

0:24:41.040 --> 0:24:45.440
<v Speaker 6>and the publicity was comparatively small before the trial. People

0:24:45.480 --> 0:24:49.240
<v Speaker 6>tend to think about her trial as being a huge sensation,

0:24:49.480 --> 0:24:53.040
<v Speaker 6>and it was, but it wasn't a huge sensation really

0:24:53.160 --> 0:24:57.480
<v Speaker 6>until it began. He had given those interviews with ABC,

0:24:57.880 --> 0:25:01.440
<v Speaker 6>Inside Editions, et cetera. The Oldburger case is a media

0:25:01.480 --> 0:25:05.080
<v Speaker 6>sensation from the start. So ultimately, when they get to

0:25:05.119 --> 0:25:07.600
<v Speaker 6>the point is that they are picking the jury, it's

0:25:07.640 --> 0:25:11.480
<v Speaker 6>not going to be whether or not they the jury

0:25:11.520 --> 0:25:14.080
<v Speaker 6>has heard anything about the case. Of the potential jury

0:25:14.160 --> 0:25:16.760
<v Speaker 6>numbers have hurt anything about the case. It's whether they

0:25:16.920 --> 0:25:19.720
<v Speaker 6>formed judgments about the case that cannot be altered. There

0:25:19.760 --> 0:25:23.280
<v Speaker 6>are people out there now who have heard the case,

0:25:23.400 --> 0:25:26.920
<v Speaker 6>have seen what they've seen and believe that he is guilty.

0:25:27.280 --> 0:25:30.320
<v Speaker 6>There might be people that believe that he is longly charged.

0:25:30.720 --> 0:25:33.280
<v Speaker 6>And what you need to do when you're searching out

0:25:33.280 --> 0:25:36.880
<v Speaker 6>a jury to find people that are not formally held

0:25:36.880 --> 0:25:38.960
<v Speaker 6>in the belief and is that are open to hearing

0:25:39.000 --> 0:25:42.880
<v Speaker 6>the evidence. Because right now, let's say that the evidence

0:25:42.920 --> 0:25:45.959
<v Speaker 6>of the public knows is you know, just a scant

0:25:46.080 --> 0:25:50.159
<v Speaker 6>portion of what is known to the police, the authilities,

0:25:50.200 --> 0:25:52.679
<v Speaker 6>and presumably the defense attorneys.

0:25:52.960 --> 0:25:56.000
<v Speaker 4>That's an interesting point that we think we know everything

0:25:56.160 --> 0:25:58.879
<v Speaker 4>and we know just probably a fraction, is what you're saying.

0:25:59.359 --> 0:26:02.240
<v Speaker 6>Yeah, I would say generally speaking, the public probably now

0:26:02.359 --> 0:26:05.520
<v Speaker 6>is about ten percent of the actual evidence it's really

0:26:05.520 --> 0:26:06.520
<v Speaker 6>going on in the case.

0:26:09.680 --> 0:26:20.720
<v Speaker 2>Let's stop here for another break. With so much of

0:26:20.720 --> 0:26:23.720
<v Speaker 2>the information and evidence still yet to be made public,

0:26:23.960 --> 0:26:27.320
<v Speaker 2>the Idaho judicial system is trying to combat what will

0:26:27.440 --> 0:26:29.560
<v Speaker 2>likely be a massive cultural event.

0:26:30.119 --> 0:26:33.000
<v Speaker 6>When Colberger goes to trial. It is going to be

0:26:33.119 --> 0:26:36.200
<v Speaker 6>a lot like the Area's trial when it became more

0:26:36.240 --> 0:26:39.320
<v Speaker 6>popular in the public. Zite, guys, I mean, if cameras

0:26:39.320 --> 0:26:41.800
<v Speaker 6>are allowed in the courtroom, obviously we are going to

0:26:41.840 --> 0:26:46.800
<v Speaker 6>see every bit of movement in the courtroom. We're going

0:26:46.840 --> 0:26:51.760
<v Speaker 6>to see everything that surrounds the trial outside of the trial.

0:26:52.200 --> 0:26:54.800
<v Speaker 6>You know, we're going to see packed courtrooms, We're going

0:26:54.840 --> 0:26:57.280
<v Speaker 6>to see people standing outside. I think when you, mister

0:26:57.359 --> 0:27:00.280
<v Speaker 6>Kolberger did his case reach trial, you're going to see

0:27:00.280 --> 0:27:04.240
<v Speaker 6>that kind of mentality, that kind of It becomes a

0:27:04.320 --> 0:27:06.639
<v Speaker 6>trial in the courtroom as best as you can, but

0:27:07.160 --> 0:27:09.600
<v Speaker 6>it becomes a cultural event as well.

0:27:13.280 --> 0:27:16.640
<v Speaker 2>Jodiaris was ultimately convicted of murder and sentenced to life

0:27:16.680 --> 0:27:20.040
<v Speaker 2>in prison, but many legal analysts believe the circus surrounding

0:27:20.080 --> 0:27:24.200
<v Speaker 2>the trial impacted the prosecution's ability to secure the death penalty.

0:27:24.840 --> 0:27:27.440
<v Speaker 4>As someone who's been in it and has now removed

0:27:27.440 --> 0:27:29.919
<v Speaker 4>from it, is that okay you think? Or is that

0:27:30.000 --> 0:27:32.919
<v Speaker 4>an unhealthy interest that we as a society have.

0:27:33.560 --> 0:27:36.600
<v Speaker 6>It's hard to say, but I hate to see trials

0:27:36.640 --> 0:27:40.320
<v Speaker 6>become sporting events, right, and justice has to prevail more

0:27:40.400 --> 0:27:43.520
<v Speaker 6>than more than anything, right, And we just you know,

0:27:43.560 --> 0:27:48.280
<v Speaker 6>we see people that offer testimonies under scrutiny, judges under

0:27:48.280 --> 0:27:52.080
<v Speaker 6>scrutiny for having done nothing. It becomes closer to public stoning,

0:27:52.320 --> 0:27:55.800
<v Speaker 6>doesn't it. When we expose and attack people for their

0:27:55.800 --> 0:27:57.120
<v Speaker 6>involvement in these cases.

0:28:00.280 --> 0:28:01.800
<v Speaker 2>Here again, Jeff and.

0:28:01.760 --> 0:28:06.119
<v Speaker 4>Stephanie Jody Aaris's trial started on December tenth, twenty twelve,

0:28:06.200 --> 0:28:08.080
<v Speaker 4>and in the scheme of things, that was the infancy

0:28:08.080 --> 0:28:10.680
<v Speaker 4>stage of social media. Sure, read It and Twitter existed,

0:28:10.920 --> 0:28:12.800
<v Speaker 4>but people didn't use them like they do today.

0:28:13.160 --> 0:28:16.080
<v Speaker 5>Makes you wonder what the online community would have done

0:28:16.160 --> 0:28:17.679
<v Speaker 5>to that case if it happened today.

0:28:18.240 --> 0:28:21.439
<v Speaker 4>And of course Jody Arius was found guilty for murder,

0:28:21.640 --> 0:28:25.000
<v Speaker 4>but there really was this pitchfork mentality back then, and

0:28:25.040 --> 0:28:27.439
<v Speaker 4>it probably would have been much more intense today. In

0:28:27.440 --> 0:28:28.320
<v Speaker 4>twenty twenty three.

0:28:29.480 --> 0:28:32.159
<v Speaker 2>With so much at stake, including Coburger's right to a

0:28:32.160 --> 0:28:36.600
<v Speaker 2>fair trial, the presiding judge during Coburger's hearings appeared unwilling

0:28:36.680 --> 0:28:40.720
<v Speaker 2>to remove the gag order. However, nearly seven months after

0:28:40.800 --> 0:28:43.800
<v Speaker 2>Coburger was arrested, and in response to the motion to

0:28:43.840 --> 0:28:47.240
<v Speaker 2>ease the gag order, Judge Joe Judge did agree to

0:28:47.320 --> 0:28:49.160
<v Speaker 2>loosen the non dissemination order.

0:28:49.520 --> 0:28:53.240
<v Speaker 4>Prosecution and defense attorneys can now speak on some matters

0:28:53.280 --> 0:28:54.320
<v Speaker 4>related to the case.

0:28:54.600 --> 0:28:56.960
<v Speaker 2>The families of the four victims are still allowed to

0:28:57.000 --> 0:29:01.600
<v Speaker 2>speak publicly, but their lawyers remain barred from top Reddit,

0:29:01.680 --> 0:29:04.520
<v Speaker 2>along with several other social media websites, has tried to

0:29:04.560 --> 0:29:07.560
<v Speaker 2>clean up some of the most outrageous group chats. The

0:29:07.600 --> 0:29:11.520
<v Speaker 2>subreddit Brian Coberger's Girls, which was known for discussions about

0:29:11.560 --> 0:29:15.440
<v Speaker 2>Coburger's skincare routine and fawning posts about how hot the

0:29:15.520 --> 0:29:18.840
<v Speaker 2>twenty eight year old is, was banned for repeatedly violating

0:29:18.920 --> 0:29:23.360
<v Speaker 2>Reddit's code of conduct. Despite this small change, millions of

0:29:23.400 --> 0:29:26.680
<v Speaker 2>true grime enthusiasts and would be crime solvers continue to

0:29:26.760 --> 0:29:30.080
<v Speaker 2>dissect and debate every aspect of the murders on social

0:29:30.160 --> 0:29:37.880
<v Speaker 2>media and in public forums across the country. More on

0:29:38.000 --> 0:29:42.040
<v Speaker 2>that next time. For more information on the case and

0:29:42.120 --> 0:29:46.880
<v Speaker 2>relevant photos, follow us on Instagram at kat Underscore Studios.

0:29:47.720 --> 0:29:51.280
<v Speaker 2>The Idaho Mascer is produced by Stephanie Leidecker, Jeff Shane,

0:29:51.400 --> 0:29:56.560
<v Speaker 2>Connor Powell, Chris Bargo, Gabriel Castillo, and me Courtney Armstrong.

0:29:57.840 --> 0:30:02.080
<v Speaker 2>Editing and sound designed by Jeff Toi. Music by Jared Aston.

0:30:03.080 --> 0:30:05.520
<v Speaker 2>The Idaho Massacre is a production of iHeart Radio and

0:30:05.600 --> 0:30:10.560
<v Speaker 2>Katie's Studios. For more podcasts like this, visit the iHeartRadio app,

0:30:10.680 --> 0:30:15.520
<v Speaker 2>Apple Podcasts, or wherever you listen to your favorite shows.

0:30:17.520 --> 0:30:20.200
<v Speaker 7>I'm Diana. You may know as Body Moving, My Friend

0:30:20.200 --> 0:30:23.120
<v Speaker 7>and I John Green were featured in the Netflix documentary

0:30:23.320 --> 0:30:26.360
<v Speaker 7>Don't f with Cats. On our new podcast, True Crimes

0:30:26.360 --> 0:30:29.520
<v Speaker 7>of John and Deiana were turning our online investigative skills

0:30:29.520 --> 0:30:33.560
<v Speaker 7>to some of the most unexplained, unsolved, and most ignored cases.

0:30:35.360 --> 0:30:35.880
<v Speaker 3>Please say.

0:30:35.920 --> 0:30:38.400
<v Speaker 4>Thirty three year old bride Again was shot dead, gunned

0:30:38.440 --> 0:30:40.360
<v Speaker 4>down in front of his two year old daughter.

0:30:40.920 --> 0:30:43.400
<v Speaker 5>Detectives confirmed that it was a targeted attack.

0:30:43.640 --> 0:30:46.520
<v Speaker 3>It appears to be an execution style of assassination.

0:30:46.760 --> 0:30:49.160
<v Speaker 7>This is very active, so we have to be careful.

0:30:49.360 --> 0:30:52.080
<v Speaker 5>I've heard that there's a house and have some bodies

0:30:52.120 --> 0:30:52.720
<v Speaker 5>in the basement.

0:30:52.880 --> 0:30:53.479
<v Speaker 6>I knew.

0:30:53.600 --> 0:30:55.000
<v Speaker 7>I just knew something was wrong.

0:30:55.480 --> 0:30:58.520
<v Speaker 3>Maybe there's something more sinister at play than just one

0:30:58.640 --> 0:31:00.000
<v Speaker 3>young girl going missing.

0:31:00.280 --> 0:31:05.360
<v Speaker 4>If you know something, heard something, Please it's never too

0:31:05.480 --> 0:31:05.960
<v Speaker 4>late to.

0:31:05.840 --> 0:31:06.560
<v Speaker 3>Do the right thing.

0:31:07.440 --> 0:31:11.160
<v Speaker 7>This is True Crimes with John and Deianna, the production.

0:31:10.920 --> 0:31:16.520
<v Speaker 4>Of KT Studios and iHeartRadio. Justice is something that takes

0:31:16.600 --> 0:31:17.920
<v Speaker 4>different shapes or formed.