1 00:00:00,880 --> 00:00:02,520 Speaker 1: Crime Stories with Nancy Grace. 2 00:00:08,440 --> 00:00:10,840 Speaker 2: Location of your emergency? I don't. 3 00:00:13,320 --> 00:00:14,800 Speaker 3: We don't know what what is. 4 00:00:14,800 --> 00:00:16,680 Speaker 4: The of the emergency? 5 00:00:17,079 --> 00:00:17,599 Speaker 5: One one? 6 00:00:17,840 --> 00:00:18,480 Speaker 6: Who King? 7 00:00:20,040 --> 00:00:22,040 Speaker 2: Trying on a location of your emergency? 8 00:00:22,680 --> 00:00:25,360 Speaker 4: Something? Hope? 9 00:00:25,560 --> 00:00:26,800 Speaker 3: We don't know what what. 10 00:00:26,880 --> 00:00:36,760 Speaker 4: Is the as of the emergency? What is the rest 11 00:00:36,760 --> 00:00:37,519 Speaker 4: of the address? 12 00:00:38,440 --> 00:00:38,880 Speaker 3: Oh King? 13 00:00:38,960 --> 00:00:41,000 Speaker 4: Two roads? Okay? 14 00:00:41,280 --> 00:00:43,800 Speaker 2: And there's that a house or an apartments? 15 00:00:43,840 --> 00:00:44,240 Speaker 3: The house? 16 00:00:44,960 --> 00:00:46,600 Speaker 4: Can you repeat the address to make sure that I 17 00:00:46,640 --> 00:00:47,120 Speaker 4: have it right. 18 00:00:48,479 --> 00:00:51,800 Speaker 7: I'll talk to you, guys. We're we have a delights over. 19 00:00:51,720 --> 00:00:52,880 Speaker 2: Next to them. 20 00:00:52,920 --> 00:00:56,440 Speaker 8: Just hearing that nine one one call makes all of 21 00:00:56,520 --> 00:01:00,720 Speaker 8: our legal analysis and speculation about what may or may 22 00:01:00,760 --> 00:01:07,080 Speaker 8: not happen at trial dim dim because we hear the 23 00:01:07,120 --> 00:01:10,800 Speaker 8: fear and the terror in the voices of those co 24 00:01:11,000 --> 00:01:16,200 Speaker 8: eds upon finding the bodies of their roommates in the 25 00:01:16,280 --> 00:01:20,520 Speaker 8: last hours. Stunning and heart wrenching nine one one calls 26 00:01:20,560 --> 00:01:25,000 Speaker 8: and texts have been released that reveal what the roommates 27 00:01:25,040 --> 00:01:29,360 Speaker 8: did before they called nine one, well as well their movements. 28 00:01:29,400 --> 00:01:32,800 Speaker 8: But first, let's hear the actual nine one one call 29 00:01:32,959 --> 00:01:36,520 Speaker 8: and let me advise you. It's disturbing, and of course 30 00:01:36,880 --> 00:01:40,280 Speaker 8: the Brian Coberger defense wants it suppressed. 31 00:01:40,319 --> 00:01:43,120 Speaker 1: They don't want the jury to hear this. Wow, I 32 00:01:43,200 --> 00:01:44,360 Speaker 1: wonder why tell. 33 00:01:44,240 --> 00:01:47,319 Speaker 3: Me exactly what's going on? 34 00:01:47,319 --> 00:01:49,480 Speaker 7: One of our one of the roommates has. 35 00:01:49,360 --> 00:01:52,000 Speaker 5: Passed out and she's drung class night and shn't wake 36 00:01:52,080 --> 00:01:52,360 Speaker 5: me up. 37 00:01:53,520 --> 00:01:55,720 Speaker 7: Oh, and they saw some men in their house. 38 00:01:55,760 --> 00:02:00,400 Speaker 5: I was, yeah, Hian, are you in the pace? Okay? 39 00:02:00,440 --> 00:02:03,320 Speaker 4: I need someone to keep the phone. Stop passing it around? 40 00:02:04,000 --> 00:02:05,760 Speaker 5: Can I just tell you what happened? Pretty much? 41 00:02:06,160 --> 00:02:09,359 Speaker 4: What is going on currently? If someone passed out right now. 42 00:02:10,120 --> 00:02:13,120 Speaker 5: I don't really know what pretty much for you in Okay. 43 00:02:13,000 --> 00:02:14,440 Speaker 4: I need to know what's going on right now. If 44 00:02:14,440 --> 00:02:16,280 Speaker 4: someone has passed out, can you find that out? 45 00:02:17,000 --> 00:02:18,720 Speaker 5: Yeah, I'll come on a medical check. 46 00:02:20,680 --> 00:02:21,320 Speaker 4: We have to. 47 00:02:22,280 --> 00:02:25,320 Speaker 8: I wonder how that nine one one dispatcher feels right 48 00:02:25,360 --> 00:02:29,360 Speaker 8: now as we hear her say, uh, stop passing it 49 00:02:29,400 --> 00:02:30,360 Speaker 8: around and being. 50 00:02:31,240 --> 00:02:34,960 Speaker 1: Completely rude to these co eds calling in. 51 00:02:35,000 --> 00:02:35,160 Speaker 2: Now. 52 00:02:35,200 --> 00:02:39,440 Speaker 8: You see the difference in the voice of the second caller, 53 00:02:39,880 --> 00:02:44,360 Speaker 8: and she's sounds much calmer than you know what. Let's 54 00:02:44,400 --> 00:02:46,840 Speaker 8: listen to the first one now, and I don't on. 55 00:02:46,840 --> 00:02:48,679 Speaker 2: Location of the emergency. 56 00:02:48,880 --> 00:02:51,840 Speaker 5: Something he's talking to you. 57 00:02:51,760 --> 00:03:01,360 Speaker 4: Don't know what what is the address of the emergency? 58 00:03:02,200 --> 00:03:07,040 Speaker 4: What is the rest of the address oh king, okay, 59 00:03:07,400 --> 00:03:10,360 Speaker 4: and is that a house or an apartment? It's a house. 60 00:03:11,120 --> 00:03:12,760 Speaker 4: Can you repeat the address to make sure that I 61 00:03:12,800 --> 00:03:13,280 Speaker 4: have it right. 62 00:03:14,639 --> 00:03:17,519 Speaker 7: I'll talk to you guys. We're we live at the lights, 63 00:03:17,520 --> 00:03:18,399 Speaker 7: so we're next to them. 64 00:03:18,720 --> 00:03:21,240 Speaker 8: You can hear the sobbing and the hysteria in the 65 00:03:21,280 --> 00:03:24,480 Speaker 8: background of that nine on one call. Now compare it 66 00:03:24,520 --> 00:03:26,480 Speaker 8: to the next comments. 67 00:03:26,600 --> 00:03:32,079 Speaker 3: Tell me exactly what's going on. 68 00:03:29,919 --> 00:03:32,080 Speaker 4: One of our one of the roommates. 69 00:03:31,720 --> 00:03:34,120 Speaker 7: Whos passed out and she's drunk class night and. 70 00:03:34,120 --> 00:03:34,960 Speaker 4: She's not wake me up. 71 00:03:35,840 --> 00:03:36,400 Speaker 3: It's okay. 72 00:03:36,480 --> 00:03:38,760 Speaker 5: Oh, and they saw some man in their house house night. 73 00:03:39,120 --> 00:03:43,000 Speaker 4: Yeah, an, are you with the patient? Okay? 74 00:03:43,000 --> 00:03:45,920 Speaker 2: I need someone to keep the phone, stop passing it around. 75 00:03:46,560 --> 00:03:47,840 Speaker 4: Can I just tell you what happened? 76 00:03:47,840 --> 00:03:48,320 Speaker 5: Pretty much? 77 00:03:48,720 --> 00:03:51,680 Speaker 4: What is going on currently? If someone passed out right now, 78 00:03:52,720 --> 00:03:55,440 Speaker 4: I don't really know what pretty much at PIM Okay, 79 00:03:55,560 --> 00:03:57,000 Speaker 4: I need to know what's going on right now? If 80 00:03:57,000 --> 00:03:58,880 Speaker 4: someone has passed out, can you find that out? 81 00:03:59,600 --> 00:04:01,520 Speaker 5: No, check. 82 00:04:03,240 --> 00:04:06,280 Speaker 8: What we have to And there you hear the surviving 83 00:04:06,480 --> 00:04:10,480 Speaker 8: victim speaking, and she begins to tell what happened. 84 00:04:10,520 --> 00:04:12,440 Speaker 1: She says pretty much at four a m. 85 00:04:12,600 --> 00:04:14,480 Speaker 8: And the dispatch operator cuts in and goes, yeah, I 86 00:04:14,480 --> 00:04:15,880 Speaker 8: don't need to know that. I need to know if 87 00:04:15,880 --> 00:04:17,720 Speaker 8: somebody passed out. Can you find that out? 88 00:04:18,200 --> 00:04:33,720 Speaker 9: Okay, let's keep going. 89 00:04:35,560 --> 00:04:36,600 Speaker 5: She's not waking up. 90 00:04:39,960 --> 00:04:42,159 Speaker 4: Okay, one moment, I'm going to help hert. 91 00:04:41,960 --> 00:04:53,360 Speaker 5: It that way. 92 00:04:43,760 --> 00:04:57,640 Speaker 8: You're crying and heavy breathing between sobs. In the background, 93 00:04:57,680 --> 00:05:00,400 Speaker 8: it was almost unintelligible. Now they've got a guy friend 94 00:05:00,480 --> 00:05:03,560 Speaker 8: that's been brought over, and you hear him screaming. 95 00:05:03,200 --> 00:05:04,520 Speaker 1: Xana, Ethan. 96 00:05:05,960 --> 00:05:10,479 Speaker 8: Unintelligible right now, get somebody here right now, and the 97 00:05:10,560 --> 00:05:14,719 Speaker 8: continued sobbing, and you hear someone. 98 00:05:14,480 --> 00:05:15,960 Speaker 1: Yelling Xana, Xana. 99 00:05:16,360 --> 00:05:20,320 Speaker 8: And I only can imagine at that moment to Chris 100 00:05:20,440 --> 00:05:23,240 Speaker 8: McDonough joining me. He and I've been to the scene 101 00:05:23,279 --> 00:05:29,320 Speaker 8: many many times, them shaking Xanna, yelling at Xana, trying 102 00:05:29,360 --> 00:05:34,160 Speaker 8: to make her wake up. No wonder Coburger wants this 103 00:05:34,880 --> 00:05:38,360 Speaker 8: suppressed so the jury will never hear it, because it 104 00:05:38,400 --> 00:05:42,080 Speaker 8: takes you to that moment when they realize their roommates 105 00:05:42,120 --> 00:05:43,159 Speaker 8: have all been murdered. 106 00:05:43,760 --> 00:05:47,200 Speaker 10: Absolutely, Nancy, I mean, this is a very powerful nine 107 00:05:47,279 --> 00:05:50,200 Speaker 10: one one call. It also gives us a clear understanding 108 00:05:50,640 --> 00:05:54,520 Speaker 10: of the state of mind of everybody that was experiencing 109 00:05:54,600 --> 00:05:57,720 Speaker 10: this horror that very moment. I mean to the point 110 00:05:57,800 --> 00:06:01,560 Speaker 10: where you know, there's almost a disbelief that takes place. 111 00:06:01,600 --> 00:06:05,320 Speaker 10: And I've heard, like you and many others, hundreds of 112 00:06:05,360 --> 00:06:10,560 Speaker 10: these phone calls, and these kids imagine going upstairs and 113 00:06:10,760 --> 00:06:16,000 Speaker 10: witnessing what they've witnessed is just horrific. It's absolutely horrific. 114 00:06:16,240 --> 00:06:20,480 Speaker 8: I'm just thinking how they are going to try to 115 00:06:20,560 --> 00:06:22,360 Speaker 8: get the nine on one calls suppressed. 116 00:06:22,400 --> 00:06:26,280 Speaker 11: It's really hard to do. To doctor Bethany. 117 00:06:25,920 --> 00:06:29,039 Speaker 8: Marshall, first of all, we were just speaking to Chris mcdonna. 118 00:06:29,200 --> 00:06:32,440 Speaker 8: He is the star of the Interview Room on his 119 00:06:32,480 --> 00:06:37,080 Speaker 8: own YouTube channel, but for my purposes, he is a 120 00:06:37,160 --> 00:06:41,720 Speaker 8: veteran homicide detective with over three hundred death scenes under 121 00:06:41,720 --> 00:06:47,239 Speaker 8: his belt. He's at Coldcasefoundation dot org. Doctor Bethany, these 122 00:06:47,320 --> 00:06:54,040 Speaker 8: two surviving victims, Dylan and Bethany, have been attacked, maligned, mistreated, 123 00:06:54,600 --> 00:06:57,200 Speaker 8: all sorts of accusations hurled their way. 124 00:06:58,120 --> 00:07:00,800 Speaker 1: None of it matters when you hear this nine one 125 00:07:00,880 --> 00:07:03,680 Speaker 1: one call. None of that matters. 126 00:07:04,120 --> 00:07:07,240 Speaker 8: I remember when I first started prosecuting, I would try to, 127 00:07:07,600 --> 00:07:11,960 Speaker 8: you know, reshape the victims or witnesses to give a 128 00:07:12,000 --> 00:07:12,920 Speaker 8: better impression. 129 00:07:13,040 --> 00:07:15,280 Speaker 11: That lasted one trial I'm like, forget it. 130 00:07:15,960 --> 00:07:20,200 Speaker 8: Take your witness as you find them, and whether the 131 00:07:20,280 --> 00:07:24,200 Speaker 8: cross exam nothing is going to matter to this jury. 132 00:07:23,920 --> 00:07:25,760 Speaker 1: When they hear that nine to one one call. No 133 00:07:25,800 --> 00:07:28,040 Speaker 1: matter how the defense tries to attack. 134 00:07:27,760 --> 00:07:30,400 Speaker 12: These girls, Nancy, this nine to one one call is 135 00:07:30,440 --> 00:07:33,360 Speaker 12: the first witness and the last witness in this case. 136 00:07:33,520 --> 00:07:37,240 Speaker 12: It's uncontrovertible truth. You cannot take away from it. You 137 00:07:37,280 --> 00:07:41,600 Speaker 12: cannot minimize, you cannot cross examine a tape and try 138 00:07:41,640 --> 00:07:44,080 Speaker 12: to tell the witnesses, Oh, they weren't really that emotional 139 00:07:44,080 --> 00:07:46,640 Speaker 12: and they were making it up. It's right there. You 140 00:07:46,720 --> 00:07:50,920 Speaker 12: hear the shock, the shock in comprehension, trying to make 141 00:07:50,960 --> 00:07:55,800 Speaker 12: sense of what's going on, the hysteria. As you said earlier, also, Nancy, fear, 142 00:07:56,320 --> 00:07:58,400 Speaker 12: profound fear. They say there was a man in the 143 00:07:58,440 --> 00:08:01,440 Speaker 12: house last night, So in a house where they feel 144 00:08:01,520 --> 00:08:05,200 Speaker 12: vulnerable at that point too guilt that is their roommate 145 00:08:05,320 --> 00:08:07,720 Speaker 12: and not them. You know, Nancy, the tapes are going 146 00:08:07,800 --> 00:08:14,640 Speaker 12: to be suppressed because these voices don't lie. They are real, true, raw, 147 00:08:15,000 --> 00:08:16,240 Speaker 12: jagged emotion. 148 00:08:16,520 --> 00:08:20,360 Speaker 8: I'm going out now to crime Stories. Investigative reporter who 149 00:08:20,400 --> 00:08:26,960 Speaker 8: has devoted herself to researching and investigating, pouring over every detail, 150 00:08:27,040 --> 00:08:32,040 Speaker 8: every photo, every word of transcript in this case, Sidney's 151 00:08:32,040 --> 00:08:36,040 Speaker 8: summer joining us. Could you clarify for everyone who is 152 00:08:36,120 --> 00:08:36,960 Speaker 8: Hunter Johnson? 153 00:08:37,280 --> 00:08:41,200 Speaker 7: So Nancy Hunter Johnson is referred to only as HJ 154 00:08:41,520 --> 00:08:45,720 Speaker 7: in court documents, but when you read the Gonzalvest statement 155 00:08:45,840 --> 00:08:48,080 Speaker 7: in response to this nine to one one call being 156 00:08:48,120 --> 00:08:52,280 Speaker 7: made public, they mention Hunter Johnson. He is a friend 157 00:08:52,360 --> 00:08:55,600 Speaker 7: of Ethan Shapins, and he is that male voice that 158 00:08:55,640 --> 00:08:58,079 Speaker 7: you're hearing on the nine to one one call, according 159 00:08:58,120 --> 00:09:01,480 Speaker 7: to the Gonsolvest' family. So the context that we can 160 00:09:01,559 --> 00:09:04,680 Speaker 7: kind of gather what I'm hearing at least, is that 161 00:09:05,080 --> 00:09:08,120 Speaker 7: Hunter is the one who couldn't get a hold of 162 00:09:08,160 --> 00:09:11,840 Speaker 7: Sethan finally decides, you know they're not answering the bedroom door. 163 00:09:11,920 --> 00:09:14,120 Speaker 7: I'm going to step in here and see what's going on. 164 00:09:14,559 --> 00:09:18,440 Speaker 7: So he opens that door. He sees Vanna's body, and 165 00:09:18,520 --> 00:09:21,280 Speaker 7: at this point he knows that something is really wrong. 166 00:09:21,400 --> 00:09:24,240 Speaker 7: He can immediately tells beth Andy Funk to call nine 167 00:09:24,320 --> 00:09:26,679 Speaker 7: one one, but it seems like he didn't give her 168 00:09:26,679 --> 00:09:29,680 Speaker 7: the full story of what was going on, so he 169 00:09:29,760 --> 00:09:32,520 Speaker 7: tells her that Zana needs help. She needs to call 170 00:09:32,640 --> 00:09:36,520 Speaker 7: nine one one, but doesn't really explain everything. So when 171 00:09:36,559 --> 00:09:38,360 Speaker 7: you hear them, we need to go check, we need 172 00:09:38,400 --> 00:09:41,680 Speaker 7: to get more information for the dispatcher. They go inside 173 00:09:41,760 --> 00:09:44,480 Speaker 7: to talk to Hunter to see what's going on, and 174 00:09:44,520 --> 00:09:47,839 Speaker 7: they're asking, is she okay? Is she passed out? Because 175 00:09:47,880 --> 00:09:50,400 Speaker 7: he hasn't told them what he is seeing in an 176 00:09:50,440 --> 00:09:53,800 Speaker 7: effort to protect them, maybe keep them calm so they 177 00:09:53,800 --> 00:09:56,560 Speaker 7: can get nine one one there, And you can hear 178 00:09:56,600 --> 00:09:59,360 Speaker 7: him get out, get out, get out, telling them to 179 00:09:59,600 --> 00:10:01,760 Speaker 7: back out of the room because he doesn't want them 180 00:10:01,800 --> 00:10:04,520 Speaker 7: to see the horror that he is experiencing. 181 00:10:04,640 --> 00:10:08,120 Speaker 8: When you know what you're looking for, and you'll have 182 00:10:08,160 --> 00:10:10,360 Speaker 8: to the drill have to be told this in advance. 183 00:10:10,480 --> 00:10:13,000 Speaker 8: When you know what you're looking for or listening for, 184 00:10:13,480 --> 00:10:19,679 Speaker 8: you clearly hear him h J. Hunter yelling Xana Athan 185 00:10:19,760 --> 00:10:23,800 Speaker 8: and then you hear him again, yelling for Xana Cronodle 186 00:10:23,880 --> 00:10:24,559 Speaker 8: to wake up. 187 00:10:25,120 --> 00:10:33,240 Speaker 11: Here. We hear him again, listen, yeah. 188 00:10:39,800 --> 00:10:40,760 Speaker 4: Okay, and how old is she? 189 00:10:42,400 --> 00:10:43,199 Speaker 7: She's twenty. 190 00:10:44,720 --> 00:10:45,559 Speaker 4: Twenty, you said. 191 00:10:47,040 --> 00:10:47,280 Speaker 1: Twenty. 192 00:10:47,360 --> 00:10:47,920 Speaker 7: Here's okay? 193 00:10:49,760 --> 00:10:53,280 Speaker 4: Hello, Hello, okay, I need someone to stop passing the 194 00:10:53,320 --> 00:10:55,600 Speaker 4: phone around because I've talked to four different people. 195 00:10:55,600 --> 00:10:57,400 Speaker 5: Hey, sorry, they just gave me the phone. 196 00:10:57,679 --> 00:10:58,360 Speaker 4: Is she breathing? 197 00:10:58,679 --> 00:10:59,000 Speaker 2: Shell? 198 00:10:59,720 --> 00:11:02,000 Speaker 5: He? Is she breathing? No? 199 00:11:02,400 --> 00:11:05,320 Speaker 8: What is wrong with this dispatch operator? But you know what, 200 00:11:05,520 --> 00:11:09,400 Speaker 8: that's neither here nor there. Here we are hearing HJ. 201 00:11:10,520 --> 00:11:14,120 Speaker 8: Hunter talking to dispatch, and at the beginning you hear 202 00:11:14,400 --> 00:11:18,680 Speaker 8: heavy breathing, someone whispering, whispering something unintelligible that seems to 203 00:11:18,760 --> 00:11:19,760 Speaker 8: end with the word blood. 204 00:11:20,200 --> 00:11:22,439 Speaker 11: And then you hear him turn around. 205 00:11:22,280 --> 00:11:24,560 Speaker 8: And yell get out, get out, get out. 206 00:11:24,800 --> 00:11:25,800 Speaker 1: And crying. 207 00:11:27,480 --> 00:11:31,480 Speaker 8: And then you hear a female voice crying, and then 208 00:11:31,520 --> 00:11:32,920 Speaker 8: you hear dispatch being rude. 209 00:11:32,960 --> 00:11:36,240 Speaker 11: Again. Let's hear more of the n I'm on one 210 00:11:36,280 --> 00:11:37,760 Speaker 11: called just released. 211 00:11:38,840 --> 00:11:40,880 Speaker 7: And I can't talk to him. 212 00:11:42,000 --> 00:11:46,719 Speaker 2: Hello, okay, I have already sent to be ambulance and 213 00:11:46,800 --> 00:11:47,440 Speaker 2: law enforcement. 214 00:11:47,600 --> 00:11:50,440 Speaker 4: Stay on the line. If there's a fibrillator available, send 215 00:11:50,440 --> 00:11:51,760 Speaker 4: someone to get it now and tell me when. 216 00:11:51,679 --> 00:11:52,000 Speaker 2: You have it. 217 00:11:52,360 --> 00:11:55,200 Speaker 5: Again, there's a poet here right now. 218 00:11:55,600 --> 00:11:58,559 Speaker 4: Okay. If there's a deibrillator available, send someone to get 219 00:11:58,559 --> 00:11:59,800 Speaker 4: it now and tell me when you have it. 220 00:12:01,280 --> 00:12:05,640 Speaker 1: Do you have a disipulator? 221 00:12:06,520 --> 00:12:07,320 Speaker 5: Guess do you have one? 222 00:12:08,200 --> 00:12:11,160 Speaker 4: Are you talking to the officer? Yes, Okay, I'm gonna 223 00:12:11,200 --> 00:12:12,880 Speaker 4: let you go to see there with you and can. 224 00:12:12,760 --> 00:12:15,040 Speaker 5: Help you well, okay, thank you fine. 225 00:12:14,760 --> 00:12:20,160 Speaker 8: Okay to Sydney Summer, joining us at Crime Stories, investigative reporter, Sydney, 226 00:12:20,360 --> 00:12:25,280 Speaker 8: you hear dispatch clearly not understanding what's happening. Not their fault, 227 00:12:25,320 --> 00:12:28,360 Speaker 8: because even the girls right now don't really understand what's happening. 228 00:12:28,400 --> 00:12:31,080 Speaker 8: The only one that knows what has happened to a 229 00:12:31,120 --> 00:12:33,760 Speaker 8: certain degree is Hunter Johnson. 230 00:12:34,440 --> 00:12:37,600 Speaker 11: He saw obviously that they were. 231 00:12:37,480 --> 00:12:41,600 Speaker 8: Dead and told Dylan and Bethany to get out, yelling 232 00:12:41,640 --> 00:12:43,360 Speaker 8: at them, get out, get out, don't don't. 233 00:12:43,120 --> 00:12:43,760 Speaker 11: Go in there. 234 00:12:45,600 --> 00:12:49,000 Speaker 8: A defibrillator would not have helped at that point, Sydney. 235 00:12:49,120 --> 00:12:52,120 Speaker 7: No, Nancy, absolutely not. And that's the point that involve 236 00:12:52,160 --> 00:12:54,720 Speaker 7: a family made. And their statement about this nine one 237 00:12:54,840 --> 00:12:58,920 Speaker 7: one call is again, remember as you're hearing this, if 238 00:12:58,960 --> 00:13:03,560 Speaker 7: they had called nine one one at four fifty am, 239 00:13:03,960 --> 00:13:06,120 Speaker 7: the result would have been the same. All four of 240 00:13:06,160 --> 00:13:09,520 Speaker 7: these students still would have lost their lives. And Nancy, 241 00:13:09,600 --> 00:13:14,560 Speaker 7: I do think it's interesting that the girls, everyone on 242 00:13:14,559 --> 00:13:17,160 Speaker 7: this nine one one call mentions the man that they 243 00:13:17,160 --> 00:13:20,240 Speaker 7: saw in their house at four am multiple times, So 244 00:13:20,800 --> 00:13:23,240 Speaker 7: as they're making this nine one one call, the girls 245 00:13:23,360 --> 00:13:27,319 Speaker 7: know enough to feel like that is connected in some 246 00:13:27,360 --> 00:13:30,560 Speaker 7: way or sheep or form, they feel that's important enough 247 00:13:30,600 --> 00:13:33,360 Speaker 7: to tell the nine one one dispatcher. So it's unclear 248 00:13:33,400 --> 00:13:36,960 Speaker 7: exactly who knew what in this moment, but it does 249 00:13:37,000 --> 00:13:41,080 Speaker 7: feel like it was important to them that this possible 250 00:13:41,120 --> 00:13:43,000 Speaker 7: break in be mentioned right off the back. 251 00:13:43,160 --> 00:13:44,240 Speaker 11: It does, Sidney Sumner. 252 00:13:44,280 --> 00:13:50,199 Speaker 8: There is no a replacement, There is no substitute for preparation, 253 00:13:50,800 --> 00:13:54,520 Speaker 8: for a careful review of every line, every document, every 254 00:13:54,520 --> 00:13:58,600 Speaker 8: piece of evidence, because even one word, or in my case, 255 00:13:58,600 --> 00:14:02,160 Speaker 8: in a serial murder case tried, one earring can prove 256 00:14:02,280 --> 00:14:02,680 Speaker 8: so much. 257 00:14:02,720 --> 00:14:07,599 Speaker 11: And what you just said I find incredibly valuable. 258 00:14:07,920 --> 00:14:11,200 Speaker 8: And I'll tell you why, Sidney Summer, Because we know 259 00:14:12,080 --> 00:14:14,880 Speaker 8: that the eyewitness that spotted who the state says is 260 00:14:14,920 --> 00:14:20,560 Speaker 8: Brian Coburger, his build, his color, his hair color, his 261 00:14:20,680 --> 00:14:26,360 Speaker 8: bushy eyebrows. They're going to try and destroy her. But 262 00:14:26,520 --> 00:14:29,840 Speaker 8: what she just said on the nine one one call 263 00:14:30,600 --> 00:14:35,840 Speaker 8: is called an excited utterance. Whether that really fits this 264 00:14:36,040 --> 00:14:38,720 Speaker 8: scenario or not, that's what it's called under the law. 265 00:14:39,000 --> 00:14:42,640 Speaker 8: This is before she had time to fabricate a story 266 00:14:42,680 --> 00:14:46,120 Speaker 8: as it will be claimed. This is what's happening on 267 00:14:46,160 --> 00:14:50,480 Speaker 8: the scene. And you're right, Sidney, and you've identified. The 268 00:14:50,520 --> 00:14:55,000 Speaker 8: importance of the witness is noting then there was a 269 00:14:55,120 --> 00:14:57,960 Speaker 8: guy in the house. If the dispatch hadn't interrupted her, 270 00:14:58,200 --> 00:15:01,360 Speaker 8: we would have heard more right about what happened around 271 00:15:01,400 --> 00:15:06,320 Speaker 8: four am. You're right, she is connecting the murders to 272 00:15:06,880 --> 00:15:10,880 Speaker 8: the intruder in the home. Now, you also heard Sidney Sumner, 273 00:15:11,520 --> 00:15:17,119 Speaker 8: our reporter, talking about what the Gonsalvest family said. Kelly's 274 00:15:17,320 --> 00:15:21,200 Speaker 8: family and I got to tell you these families have 275 00:15:21,360 --> 00:15:26,960 Speaker 8: been through hell, hell, and it's not over yet. There's 276 00:15:27,000 --> 00:15:30,400 Speaker 8: a trial to be had, But I want you to 277 00:15:30,520 --> 00:15:35,000 Speaker 8: hear what they have to say about this nine on 278 00:15:35,000 --> 00:15:39,120 Speaker 8: one call. In all their suffering, they maintain not only courage, 279 00:15:39,440 --> 00:15:39,960 Speaker 8: but grace. 280 00:15:40,240 --> 00:15:44,640 Speaker 13: The Gonzalvez family releases a statement they say every ragged breath, cry, 281 00:15:44,720 --> 00:15:48,080 Speaker 13: and trimmor in the student's voices reveals a cruel reality. 282 00:15:48,160 --> 00:15:50,800 Speaker 13: They experienced, the kind of horror that shakes you to 283 00:15:50,880 --> 00:15:51,720 Speaker 13: your deepest core. 284 00:15:52,600 --> 00:15:54,520 Speaker 3: Tell me exactly what's on. 285 00:15:54,520 --> 00:15:57,160 Speaker 5: One of the roommates has passed out as she's young 286 00:15:57,200 --> 00:16:00,800 Speaker 5: class night and short way up. Oh. Also, man in 287 00:16:00,880 --> 00:16:01,640 Speaker 5: their house was right. 288 00:16:02,080 --> 00:16:02,280 Speaker 6: Yeah. 289 00:16:03,800 --> 00:16:07,480 Speaker 8: In the last hours, heart wrenching nine one one calls 290 00:16:07,480 --> 00:16:10,840 Speaker 8: have been released of what was going on. At the 291 00:16:10,880 --> 00:16:14,160 Speaker 8: scene of the murder when the roommates wake up and 292 00:16:14,240 --> 00:16:19,280 Speaker 8: discover for people they didn't know at the time, they 293 00:16:19,280 --> 00:16:25,600 Speaker 8: were all dead. For Beautiful Beautiful University, Idaho students, this 294 00:16:26,120 --> 00:16:31,000 Speaker 8: as a smirky selfie emerges of Oh. 295 00:16:30,640 --> 00:16:32,840 Speaker 11: Thank you, Brian Coberg. 296 00:16:33,240 --> 00:16:36,920 Speaker 8: This is around ten twenty ten thirty in the morning, 297 00:16:36,920 --> 00:16:42,040 Speaker 8: ten thirty one am to be precise. Interesting, this is 298 00:16:42,280 --> 00:16:48,160 Speaker 8: just after the murders that said take a listen to this. 299 00:16:48,280 --> 00:16:51,200 Speaker 8: You of course you know this is coming. Those nine 300 00:16:51,240 --> 00:16:55,120 Speaker 8: one one calls are so powerful the defense is fighting 301 00:16:55,160 --> 00:16:57,680 Speaker 8: tooth and claw to get them suppressed. 302 00:16:57,800 --> 00:16:59,960 Speaker 14: Law enforcement released the nine to one one recording after 303 00:17:00,000 --> 00:17:03,320 Speaker 14: the prosecutors unsealed a court document with transcript of the call. 304 00:17:03,720 --> 00:17:06,960 Speaker 14: The filing in response to Coberg's argument the jury should 305 00:17:07,000 --> 00:17:09,240 Speaker 14: not hear the nine to one one call. The attorneys 306 00:17:09,320 --> 00:17:12,240 Speaker 14: argue that the call was improperly submitted as evidence, as 307 00:17:12,320 --> 00:17:13,800 Speaker 14: many off the statements meet in the. 308 00:17:13,760 --> 00:17:15,000 Speaker 13: Call are hearsay. 309 00:17:15,440 --> 00:17:18,520 Speaker 14: Judge John Judge already ruled that the statements in question 310 00:17:18,640 --> 00:17:22,719 Speaker 14: fall under present tense impression and excited utterance exceptions, but 311 00:17:22,920 --> 00:17:25,879 Speaker 14: defense attorneys are making the argument again with Ada County 312 00:17:25,960 --> 00:17:27,520 Speaker 14: Judge Stephen Hipler. 313 00:17:27,440 --> 00:17:31,160 Speaker 8: Joining me high profile lawyer out of the LA jurisdiction 314 00:17:32,640 --> 00:17:34,200 Speaker 8: Philip Debay, Okay. 315 00:17:34,040 --> 00:17:35,320 Speaker 1: You know what you just heard. 316 00:17:35,840 --> 00:17:38,320 Speaker 8: I'm going to throw a technical legal term at you 317 00:17:38,680 --> 00:17:43,320 Speaker 8: is a big stink and pile a bs. Okay, that's 318 00:17:43,359 --> 00:17:45,520 Speaker 8: what that legal motion is. And I don't know how 319 00:17:45,520 --> 00:17:48,399 Speaker 8: defense attorneys keep doing it and have a straight face. 320 00:17:48,720 --> 00:17:50,359 Speaker 8: You know, they make an argument that a nine to 321 00:17:50,400 --> 00:17:54,400 Speaker 8: one one call shouldn't come in, when of course it's 322 00:17:54,440 --> 00:17:57,119 Speaker 8: coming in. It's an excited utterance and it's a present 323 00:17:57,240 --> 00:17:59,000 Speaker 8: tense impression. 324 00:17:59,240 --> 00:18:02,280 Speaker 1: But also so of course it's going to come in. 325 00:18:02,640 --> 00:18:09,120 Speaker 8: If the speaker takes the stand and can be cross 326 00:18:09,160 --> 00:18:09,840 Speaker 8: examined on it. 327 00:18:10,200 --> 00:18:12,480 Speaker 1: So what are they trying to do? 328 00:18:12,840 --> 00:18:15,159 Speaker 15: Well, I think what they're trying to establish is that 329 00:18:15,280 --> 00:18:18,639 Speaker 15: you cannot use nine to one one calls to circumvent 330 00:18:18,640 --> 00:18:21,280 Speaker 15: the rules against your say, and you've got to understand 331 00:18:21,320 --> 00:18:24,639 Speaker 15: something in order for it to be a present sense impression. 332 00:18:24,920 --> 00:18:28,400 Speaker 15: They have to be relaying what is happening in real time, 333 00:18:28,480 --> 00:18:30,480 Speaker 15: in other words, as it occurs. And one of the 334 00:18:30,520 --> 00:18:33,040 Speaker 15: things she says, there was a man in the house 335 00:18:33,480 --> 00:18:36,120 Speaker 15: last night, So what are you going to do? You're 336 00:18:36,119 --> 00:18:39,119 Speaker 15: going to state stale facts from the night before to 337 00:18:39,160 --> 00:18:41,400 Speaker 15: get around the rules against her, say. 338 00:18:41,119 --> 00:18:43,600 Speaker 8: First of all, what you just said is not true, 339 00:18:43,880 --> 00:18:48,720 Speaker 8: because I have entered niemal one calls saying nim one 340 00:18:48,760 --> 00:18:53,639 Speaker 8: calls internet into evidence by the murder victim, who obviously 341 00:18:53,680 --> 00:18:56,600 Speaker 8: couldnt be cross examined unless you perform a seance in 342 00:18:56,600 --> 00:19:09,160 Speaker 8: front of the jury crime stories with Nancy Grace. So 343 00:19:09,280 --> 00:19:12,480 Speaker 8: the fact that the nine one one call or who 344 00:19:12,520 --> 00:19:15,440 Speaker 8: is speaking on the naimal one call cannot be crossed 345 00:19:16,200 --> 00:19:19,480 Speaker 8: is not a reason not to bring in the naimal 346 00:19:19,520 --> 00:19:21,919 Speaker 8: one call. And the judge pointed out, I guess you 347 00:19:21,960 --> 00:19:25,320 Speaker 8: think the judge is wrong too. Under excited utterance and 348 00:19:25,520 --> 00:19:27,720 Speaker 8: present sense impression it's coming in. 349 00:19:28,000 --> 00:19:30,120 Speaker 15: Where would it end? What if she would have said, 350 00:19:30,200 --> 00:19:32,879 Speaker 15: I saw a man in the house six years ago, shibuis, 351 00:19:33,160 --> 00:19:35,560 Speaker 15: but I happened to find my roommates deceased in their 352 00:19:35,560 --> 00:19:36,199 Speaker 15: bed today. 353 00:19:36,359 --> 00:19:37,480 Speaker 11: But that's not what she said. 354 00:19:37,600 --> 00:19:40,119 Speaker 15: No, but she said last night. So last night is 355 00:19:40,160 --> 00:19:42,480 Speaker 15: a scale fact. It's not a present No, it's not 356 00:19:42,600 --> 00:19:43,440 Speaker 15: sense impression. 357 00:19:44,040 --> 00:19:44,480 Speaker 5: How do you. 358 00:19:44,480 --> 00:19:48,480 Speaker 1: Figure him up? You are misleading the viewers. 359 00:19:48,880 --> 00:19:54,440 Speaker 8: Present tense present tense impression is what the speaker is saying. 360 00:19:54,359 --> 00:19:55,600 Speaker 1: At that moment. 361 00:19:55,920 --> 00:19:59,720 Speaker 8: It doesn't matter if she's recounting something that happened eight 362 00:19:59,760 --> 00:20:03,639 Speaker 8: hours before, and when she says last night, that's something 363 00:20:03,680 --> 00:20:05,320 Speaker 8: she can be cross examined on. 364 00:20:05,440 --> 00:20:06,120 Speaker 1: Okay, you know what. 365 00:20:06,200 --> 00:20:09,040 Speaker 8: I'm not a betting person, but why don't we bet 366 00:20:09,240 --> 00:20:10,600 Speaker 8: right now on air? 367 00:20:11,800 --> 00:20:13,880 Speaker 1: This nine on one will come in. 368 00:20:14,000 --> 00:20:16,359 Speaker 15: Of course it will because anything to stick it to 369 00:20:16,400 --> 00:20:19,560 Speaker 15: the defense, they're going to find tortured legal logic to 370 00:20:19,600 --> 00:20:22,359 Speaker 15: get it into evidence. Of course, that's what they're gonna do. 371 00:20:22,440 --> 00:20:25,480 Speaker 1: Okay, you know what I lost to someone with real. 372 00:20:25,240 --> 00:20:28,439 Speaker 8: Life experience and nine one calls Chris mcdonne and joining me. 373 00:20:28,520 --> 00:20:32,560 Speaker 8: Homicide detective worked over three hundred homicide cases plus, he 374 00:20:32,640 --> 00:20:33,800 Speaker 8: was advice. 375 00:20:34,040 --> 00:20:35,360 Speaker 11: You don't even want to know what he saw. 376 00:20:35,400 --> 00:20:40,360 Speaker 8: Advice, Chris, have you ever in your life and all 377 00:20:40,400 --> 00:20:44,360 Speaker 8: the cases you investigated, ever seeing the nine one one 378 00:20:44,440 --> 00:20:48,359 Speaker 8: call excluded from evidence, suppressed so the jury could not 379 00:20:48,440 --> 00:20:49,040 Speaker 8: hear it ever? 380 00:20:49,320 --> 00:20:49,919 Speaker 1: One time? 381 00:20:50,200 --> 00:20:53,800 Speaker 10: No, and definitely not under these circumstances. I mean, your 382 00:20:54,320 --> 00:20:56,679 Speaker 10: point is right on target, Nancy, with you know, the 383 00:20:56,680 --> 00:20:59,720 Speaker 10: excited utterance here, it is the exception of the hearsay rule. 384 00:21:00,200 --> 00:21:03,840 Speaker 10: And remember we also have to keep the frame of 385 00:21:03,960 --> 00:21:07,120 Speaker 10: mind of the caller they are still thinking that their 386 00:21:07,160 --> 00:21:11,520 Speaker 10: friend is passed out drunk from the night before, and 387 00:21:11,600 --> 00:21:14,520 Speaker 10: the other person that grabbed the phone even started the 388 00:21:14,560 --> 00:21:28,600 Speaker 10: conversation with that. So that's the present tense when it starts. 389 00:21:33,080 --> 00:21:36,639 Speaker 8: In addition to the release in the past hours of 390 00:21:36,680 --> 00:21:39,960 Speaker 8: those very disturbing nine on one calls, which of course 391 00:21:40,040 --> 00:21:43,840 Speaker 8: the defense is trying to suppress, new cell phone data 392 00:21:44,040 --> 00:21:49,800 Speaker 8: released that indicates what the surviving roommates did before calling 393 00:21:50,280 --> 00:21:54,480 Speaker 8: nine to one one, And again the survivors have been 394 00:21:54,600 --> 00:22:00,800 Speaker 8: attacked viciously. The murders occurred around four am, and you 395 00:22:01,040 --> 00:22:02,919 Speaker 8: see the calls were made. 396 00:22:02,840 --> 00:22:04,959 Speaker 1: Much later mid morning. 397 00:22:05,960 --> 00:22:09,520 Speaker 8: Now we're getting a peak at what was happening in 398 00:22:09,560 --> 00:22:11,960 Speaker 8: those early morning hours around. 399 00:22:11,600 --> 00:22:14,560 Speaker 1: Four a m. So far and jump in Sydney if 400 00:22:14,560 --> 00:22:15,480 Speaker 1: I got any of this wrong. 401 00:22:15,600 --> 00:22:18,320 Speaker 8: We know they were all out really late, some of 402 00:22:18,359 --> 00:22:21,439 Speaker 8: them in a group. They were at a food truck. 403 00:22:21,560 --> 00:22:24,439 Speaker 8: Remember at the beginning of the investigation. Let's see this 404 00:22:24,520 --> 00:22:29,520 Speaker 8: photo of them at the food truck. Because everybody at 405 00:22:29,560 --> 00:22:33,600 Speaker 8: that food truck and standing in the group fell under suspicion. 406 00:22:34,119 --> 00:22:36,920 Speaker 8: I recall there was a guy in the distance. All 407 00:22:37,040 --> 00:22:42,920 Speaker 8: these people were tracked down and questioned. See the guy 408 00:22:42,960 --> 00:22:46,399 Speaker 8: on the right kind of standing away. He was found, 409 00:22:46,440 --> 00:22:52,440 Speaker 8: he was everybody was found and questioned. So we know 410 00:22:52,520 --> 00:22:55,320 Speaker 8: they were at a food truck I believe, getting pasta 411 00:22:55,880 --> 00:22:58,240 Speaker 8: super super early. 412 00:22:58,000 --> 00:22:58,639 Speaker 11: In the morning. 413 00:22:58,720 --> 00:23:01,760 Speaker 8: I'm talking one, two, three. We know they went home. 414 00:23:02,680 --> 00:23:08,760 Speaker 8: We know some of them ordered like uber eats. These 415 00:23:08,840 --> 00:23:14,520 Speaker 8: are the last known images of some of the victims, 416 00:23:14,800 --> 00:23:20,720 Speaker 8: and this became an evidentiary football at the beginning of 417 00:23:20,760 --> 00:23:24,560 Speaker 8: the investigation, as LA law enforcement tried to track their 418 00:23:24,640 --> 00:23:27,480 Speaker 8: last movements and who they would have come in contact. 419 00:23:27,040 --> 00:23:28,800 Speaker 11: With they go home. 420 00:23:29,560 --> 00:23:37,040 Speaker 8: Then naysayers immediately began vilifying Dylan and Bethany because they 421 00:23:37,119 --> 00:23:40,760 Speaker 8: quote waited to call nine to one one. But I 422 00:23:40,840 --> 00:23:46,000 Speaker 8: want you to see the text conversation between Dylan and Bethany. 423 00:23:46,320 --> 00:23:47,520 Speaker 7: No one is answering. 424 00:23:47,800 --> 00:23:49,240 Speaker 1: I'm really confused right now. 425 00:23:49,320 --> 00:23:52,000 Speaker 12: Yeah, dude, what the Vanna was wearing all black? 426 00:23:52,160 --> 00:23:55,720 Speaker 1: I'm freaking out right now. No, it's like a ski mask. 427 00:23:55,880 --> 00:23:57,320 Speaker 5: Almost shut the fuck up. 428 00:23:57,440 --> 00:24:01,960 Speaker 1: Actually, like he had something over his forehead and mouth. Bethany, 429 00:24:02,040 --> 00:24:02,919 Speaker 1: I'm not kidding. 430 00:24:02,920 --> 00:24:04,040 Speaker 11: I'm so freaked out. 431 00:24:04,240 --> 00:24:06,920 Speaker 12: So a mine, my phone is going to die, come 432 00:24:06,960 --> 00:24:10,040 Speaker 12: to my room, run down here. I'm screwed though, Yeah, 433 00:24:10,080 --> 00:24:11,920 Speaker 12: I know, but it's better than being alone. 434 00:24:11,960 --> 00:24:16,680 Speaker 8: Sidney Sumner joining me Crime Stories, investigative reporter, Sydney. Let's 435 00:24:16,680 --> 00:24:19,840 Speaker 8: put this into context. Of course, the cell phone data 436 00:24:19,880 --> 00:24:23,600 Speaker 8: experts are going to know exactly what time these texts 437 00:24:23,600 --> 00:24:26,720 Speaker 8: were going back and forth between them. Dylan Mortenson's phone 438 00:24:26,760 --> 00:24:31,119 Speaker 8: was dying and Bethany was trying to coax her to 439 00:24:31,200 --> 00:24:35,400 Speaker 8: run to her room. Can you imagine running from room 440 00:24:35,440 --> 00:24:39,840 Speaker 8: to room knowing that there's an intruder, or thinking there's 441 00:24:39,840 --> 00:24:43,159 Speaker 8: an intruder in the home. One and remember how the 442 00:24:43,160 --> 00:24:46,320 Speaker 8: girls were attacked because one opened the door and saw 443 00:24:46,359 --> 00:24:49,280 Speaker 8: who the state contends to be Brian Coburger standing there, 444 00:24:51,160 --> 00:24:53,560 Speaker 8: and we were all like, well, well not us, but 445 00:24:53,720 --> 00:24:56,760 Speaker 8: others were, well, why didn't she called my one? 446 00:24:56,800 --> 00:24:59,960 Speaker 1: One then seemingly attacking her. 447 00:25:00,000 --> 00:25:06,639 Speaker 8: Sure, tell me what you've gleaned about these text messages, Sidney, Nancy. 448 00:25:06,680 --> 00:25:10,320 Speaker 7: I think these text messages are between two terrified co 449 00:25:10,480 --> 00:25:13,240 Speaker 7: eds who don't know what's going on and have been 450 00:25:13,680 --> 00:25:18,000 Speaker 7: out all night partying, drinking. So unfortunately they are not 451 00:25:18,359 --> 00:25:22,159 Speaker 7: sober at this point, and their house is known to 452 00:25:22,359 --> 00:25:26,359 Speaker 7: have sometimes strangers in it. They throw parties often, they 453 00:25:26,400 --> 00:25:29,600 Speaker 7: have a lot of friends. There's five people living there, 454 00:25:30,000 --> 00:25:33,280 Speaker 7: So in terms of having a stranger in the house, 455 00:25:33,680 --> 00:25:36,919 Speaker 7: that's not super uncommon for them. And even if this 456 00:25:37,080 --> 00:25:41,440 Speaker 7: person was not somebody they recognized and fruit them out, 457 00:25:41,800 --> 00:25:46,040 Speaker 7: they might not immediately call nine to one one, not 458 00:25:46,240 --> 00:25:48,680 Speaker 7: knowing whether or not this is someone who is supposed 459 00:25:48,720 --> 00:25:50,159 Speaker 7: to be there at that point. 460 00:25:50,359 --> 00:25:54,000 Speaker 8: Okay, brace yourselves, Philip Dubay joining me, high profile lawyer 461 00:25:54,080 --> 00:26:00,480 Speaker 8: out of LA What would be the grounds? Okay, saggerate, 462 00:26:00,600 --> 00:26:04,439 Speaker 8: no hyperbolek just tell me what could possibly be the 463 00:26:04,440 --> 00:26:08,480 Speaker 8: grounds the defense will use to try and suppress these 464 00:26:08,520 --> 00:26:09,400 Speaker 8: text messages. 465 00:26:09,440 --> 00:26:10,400 Speaker 11: Philip Debay that. 466 00:26:10,400 --> 00:26:13,920 Speaker 15: It violates the rule of completeness. In other words, if 467 00:26:13,920 --> 00:26:18,920 Speaker 15: you don't have the complete textual context, and all you're 468 00:26:18,920 --> 00:26:23,000 Speaker 15: doing is just providing snippets, perhaps out of context, then 469 00:26:23,040 --> 00:26:25,560 Speaker 15: what it does is it has a tendency to mislead 470 00:26:25,600 --> 00:26:28,320 Speaker 15: the jury. So how you cure it is you allow 471 00:26:28,600 --> 00:26:31,440 Speaker 15: all the texts in their entirety to come in so 472 00:26:31,480 --> 00:26:34,359 Speaker 15: that the jury can read everything in harmony. Otherwise it 473 00:26:34,359 --> 00:26:37,479 Speaker 15: has a tendency to mislead the tryer effect, and it's 474 00:26:37,600 --> 00:26:40,280 Speaker 15: common not just with text messages. We see it where 475 00:26:40,320 --> 00:26:45,320 Speaker 15: prosecutors try to admit recorded statements of a defendant recorded 476 00:26:45,320 --> 00:26:48,119 Speaker 15: statements of a victim or of a witness, and in 477 00:26:48,240 --> 00:26:51,760 Speaker 15: order to have a thorough opportunity to cross examine on 478 00:26:51,920 --> 00:26:54,760 Speaker 15: each point, you need everything presented. 479 00:26:54,920 --> 00:26:59,440 Speaker 8: Oh oh, how I would love to try a case 480 00:26:59,640 --> 00:27:03,919 Speaker 8: I can to you and have you spout that out 481 00:27:04,240 --> 00:27:06,760 Speaker 8: in front of a judge, because. 482 00:27:06,480 --> 00:27:08,840 Speaker 11: The remedy for that is to say, fine. 483 00:27:09,160 --> 00:27:10,800 Speaker 1: We'll play the whole thing. 484 00:27:10,920 --> 00:27:15,679 Speaker 8: Everybody, get comfy because it's about two hours here. We're 485 00:27:15,720 --> 00:27:21,200 Speaker 8: just showing the relevant portion of the text dubet. Other 486 00:27:21,320 --> 00:27:24,080 Speaker 8: text preceding this are talking about. 487 00:27:23,800 --> 00:27:25,800 Speaker 1: Hey, where are we going to dinner? Where are you tonight? 488 00:27:25,920 --> 00:27:26,679 Speaker 11: Where are you tonight? 489 00:27:26,720 --> 00:27:28,600 Speaker 8: Let's go home, let's order uber each Do you want 490 00:27:28,640 --> 00:27:30,040 Speaker 8: noodles or do you want a hamburger? 491 00:27:30,960 --> 00:27:31,520 Speaker 16: Exactly? 492 00:27:32,200 --> 00:27:36,359 Speaker 8: We play the part about the attacks. 493 00:27:36,480 --> 00:27:36,960 Speaker 1: But sure. 494 00:27:37,119 --> 00:27:40,320 Speaker 8: The answer to that is sure, be careful what you want, 495 00:27:40,480 --> 00:27:42,560 Speaker 8: my dear, for you will surely get it. 496 00:27:42,600 --> 00:27:45,800 Speaker 1: The defense wants to hear the whole thing. I'm happy 497 00:27:45,840 --> 00:27:47,000 Speaker 1: to play it with that. 498 00:27:47,359 --> 00:27:50,240 Speaker 8: Yes, noo, that make you happy, because that is the 499 00:27:50,320 --> 00:27:54,040 Speaker 8: rule of completeness. In other words, both sides get to 500 00:27:54,040 --> 00:27:57,280 Speaker 8: see the entire transcript, or hear the whole interview or 501 00:27:57,280 --> 00:27:58,200 Speaker 8: the whole phone call. 502 00:27:58,359 --> 00:27:59,879 Speaker 1: Whether it's relevant or not. 503 00:28:00,280 --> 00:28:05,600 Speaker 8: Would that would that playcate your completeness objection? 504 00:28:05,920 --> 00:28:10,000 Speaker 15: It would cure it. Remember it's a legal objection, it's not. Yeah, 505 00:28:10,720 --> 00:28:11,640 Speaker 15: of course it would. 506 00:28:11,600 --> 00:28:22,840 Speaker 17: So, yes, Okay, Crime stories with Nancy Grace. 507 00:28:29,920 --> 00:28:34,119 Speaker 3: How old is she breathing? 508 00:28:35,600 --> 00:28:35,879 Speaker 2: Close? 509 00:28:36,280 --> 00:28:36,840 Speaker 11: She breathing? 510 00:28:37,640 --> 00:28:38,000 Speaker 3: No? 511 00:28:38,520 --> 00:28:38,800 Speaker 2: Okay? 512 00:28:39,800 --> 00:28:44,920 Speaker 8: Stunningly, while we have seen the defense waffling, skidding. 513 00:28:44,600 --> 00:28:47,840 Speaker 1: Back and forth, what will be the defense now? 514 00:28:48,040 --> 00:28:50,960 Speaker 8: Believe it or not, the defense has emerged and it 515 00:28:51,000 --> 00:28:52,840 Speaker 8: is I was framed. 516 00:28:53,480 --> 00:28:56,400 Speaker 18: Listen well, still fighting to exclude the knife sheath DNA 517 00:28:56,480 --> 00:29:00,240 Speaker 18: evidence that was identified as Coburger through investigative genetic genielo. 518 00:29:00,760 --> 00:29:03,240 Speaker 18: It appears the defense will now claim that Coburger was 519 00:29:03,240 --> 00:29:06,200 Speaker 18: framed the knife sheath left behind by the real killer 520 00:29:06,240 --> 00:29:09,760 Speaker 18: to distract detectives. The state points out the defense's potential 521 00:29:09,880 --> 00:29:13,520 Speaker 18: argument in response to a sealed filing Prosecutors right that 522 00:29:13,560 --> 00:29:15,760 Speaker 18: the defense will try to convince a jury that the 523 00:29:15,760 --> 00:29:18,800 Speaker 18: sheath does not prove Coburger was ever at the crime scene. 524 00:29:18,840 --> 00:29:21,720 Speaker 1: Oh dear, have they launched onto my knife and gun? 525 00:29:21,760 --> 00:29:26,160 Speaker 8: Show theory that they would argue that Coburger had touched 526 00:29:26,360 --> 00:29:29,640 Speaker 8: the knife or the knife sheath and then someone else 527 00:29:29,760 --> 00:29:32,120 Speaker 8: I guess what was watching him and left it there 528 00:29:32,160 --> 00:29:35,760 Speaker 8: to frame him, framed by who Let me see that 529 00:29:35,960 --> 00:29:41,400 Speaker 8: smirky selfie where Coburger goes all Kim Komi. Wait a minute, 530 00:29:41,520 --> 00:29:46,240 Speaker 8: Sidney Sumner, do I see I'm seeing in this version? 531 00:29:47,360 --> 00:29:50,920 Speaker 8: Is that a window seal? Is that a window frame 532 00:29:51,000 --> 00:29:52,920 Speaker 8: to the right, or is that a shower curtain? Or 533 00:29:52,960 --> 00:29:53,880 Speaker 8: do we even know? 534 00:29:54,240 --> 00:29:57,960 Speaker 7: Nancy? We don't know for certain, but unfortunately, I do 535 00:29:58,240 --> 00:30:01,800 Speaker 7: personally think that is a shower. It's not a flat edge, 536 00:30:01,880 --> 00:30:06,880 Speaker 7: it's clearly foft, possibly hanging, and I can possibly barely 537 00:30:06,960 --> 00:30:10,080 Speaker 7: see a little hair of a shower curtain ring up 538 00:30:10,080 --> 00:30:11,360 Speaker 7: in that top right corner. 539 00:30:11,480 --> 00:30:14,320 Speaker 8: Sidney Summer, tell me about the cell phone data that 540 00:30:14,360 --> 00:30:17,640 Speaker 8: the defense is content. They're contending it right now, and 541 00:30:17,680 --> 00:30:20,320 Speaker 8: they're bringing on a so called expert to do so. 542 00:30:20,480 --> 00:30:23,120 Speaker 7: Yeah, Nancy. So what the defense is claiming is that 543 00:30:23,600 --> 00:30:27,479 Speaker 7: once again the state has cherry picked what data they 544 00:30:27,560 --> 00:30:30,880 Speaker 7: want to include so that this cell phone data fits 545 00:30:30,920 --> 00:30:34,000 Speaker 7: their narrative that Coburger was at this house that night. 546 00:30:34,320 --> 00:30:38,280 Speaker 7: So FBI agent Nicholas Balance did some kind of analysis, 547 00:30:38,520 --> 00:30:42,680 Speaker 7: and they're claiming that he willfully chose things that helped 548 00:30:42,680 --> 00:30:46,080 Speaker 7: the state's case and left out exculpatory evidence. But they 549 00:30:46,120 --> 00:30:50,040 Speaker 7: don't know because he didn't file a complete report. So 550 00:30:50,120 --> 00:30:53,040 Speaker 7: defence is claiming they only sent over a PowerPoint that 551 00:30:53,120 --> 00:30:55,400 Speaker 7: they planned to use in court, and it doesn't tell 552 00:30:55,440 --> 00:30:59,440 Speaker 7: me anything about his methodology. So this testimony needs to 553 00:30:59,480 --> 00:31:00,000 Speaker 7: be blocked. 554 00:31:00,160 --> 00:31:03,960 Speaker 8: Todd Shipley joining me, digital cybercrime expert, former detective sergeant, 555 00:31:04,000 --> 00:31:09,440 Speaker 8: author of a new book, It's Amazing Surviving a cyber Attack, 556 00:31:09,520 --> 00:31:14,080 Speaker 8: Securing Social Media, Protecting Your Home. Is also author of 557 00:31:14,240 --> 00:31:19,000 Speaker 8: Investigating Internet Crimes, Solving Crimes in Cyberspace. You can find 558 00:31:19,040 --> 00:31:25,920 Speaker 8: them at dark Intel dot info. Todd, again, that's albs. 559 00:31:26,480 --> 00:31:30,760 Speaker 8: Because the defense has access to all of the same 560 00:31:30,960 --> 00:31:33,600 Speaker 8: data the state has, they can. 561 00:31:33,560 --> 00:31:34,880 Speaker 1: Generate their own report. 562 00:31:35,120 --> 00:31:38,680 Speaker 8: Instead of saying, exclude all of this because we don't 563 00:31:38,720 --> 00:31:39,920 Speaker 8: like the state's report. 564 00:31:40,160 --> 00:31:42,000 Speaker 1: They can do their own report. What are they going 565 00:31:42,040 --> 00:31:42,840 Speaker 1: on about. 566 00:31:42,680 --> 00:31:44,760 Speaker 6: Well, that's exactly right, Nancy. I mean, they could go 567 00:31:44,840 --> 00:31:47,959 Speaker 6: over the data. If they've got the cell phone tower data, 568 00:31:48,240 --> 00:31:50,400 Speaker 6: they've got the data from the cell phones, they could 569 00:31:50,400 --> 00:31:53,520 Speaker 6: be doing the comparison themselves and making a report that 570 00:31:53,600 --> 00:31:59,480 Speaker 6: they were just trying to bring somebody into testify to, 571 00:31:58,480 --> 00:32:03,120 Speaker 6: you know, make it it looked like the prosecution witness 572 00:32:03,280 --> 00:32:06,160 Speaker 6: was not doing the right job. If they did a declaration, 573 00:32:06,200 --> 00:32:08,400 Speaker 6: they could lay out exactly what they think the facts 574 00:32:08,440 --> 00:32:11,640 Speaker 6: are that could be then refuted by the prosecution if 575 00:32:11,640 --> 00:32:14,560 Speaker 6: it's wrong. But they haven't done that. They're just arguing 576 00:32:14,600 --> 00:32:16,680 Speaker 6: that they want somebody to testify. So it's kind of 577 00:32:16,720 --> 00:32:19,040 Speaker 6: silly that they've done this. They could just bring forward 578 00:32:19,080 --> 00:32:21,160 Speaker 6: the facts and see what's wrong with it, and they 579 00:32:21,160 --> 00:32:21,680 Speaker 6: haven't done it. 580 00:32:21,920 --> 00:32:26,640 Speaker 8: Shipley, you have very carefully reviewed the facts in this case. 581 00:32:26,640 --> 00:32:29,400 Speaker 8: What do you believe the cell phone data calls and 582 00:32:29,520 --> 00:32:32,040 Speaker 8: isn't it true regarding these texts we were just playing 583 00:32:32,400 --> 00:32:34,320 Speaker 8: as well as the nine one one call. We're going 584 00:32:34,360 --> 00:32:37,080 Speaker 8: to be able to tell digitally exactly what time the 585 00:32:37,120 --> 00:32:39,200 Speaker 8: text went down and the calls. 586 00:32:38,960 --> 00:32:41,239 Speaker 6: Well exactly, I mean, we're the digital elevenist is going 587 00:32:41,280 --> 00:32:45,040 Speaker 6: to tell a very compelling story for everybody, For all 588 00:32:45,160 --> 00:32:47,760 Speaker 6: the people in the house where they were that night before, 589 00:32:48,200 --> 00:32:53,480 Speaker 6: the events that occurred at the truck, that they had 590 00:32:53,720 --> 00:32:56,040 Speaker 6: dinner at all those things are going to be telling 591 00:32:56,080 --> 00:33:00,200 Speaker 6: the story, including the suspect. His cell phone is going 592 00:33:00,240 --> 00:33:04,000 Speaker 6: to be telling a story. But it's not all evidence yet. 593 00:33:04,280 --> 00:33:07,800 Speaker 6: They've just released the pings of you know, where the 594 00:33:07,840 --> 00:33:11,200 Speaker 6: towers were that the suspect was, and that's damning, and 595 00:33:11,200 --> 00:33:12,920 Speaker 6: that's why the defense doesn't want to bring it in 596 00:33:13,040 --> 00:33:15,920 Speaker 6: because it's telling a story that they don't like, and 597 00:33:15,960 --> 00:33:17,840 Speaker 6: it's going to tell more of it because there's more 598 00:33:18,080 --> 00:33:20,800 Speaker 6: of the story. I mean, even your image is more 599 00:33:20,800 --> 00:33:23,520 Speaker 6: than the selfie there that's you know you're posting. It's 600 00:33:23,520 --> 00:33:25,520 Speaker 6: going to tell a story. The digital elevens, the metadata 601 00:33:25,520 --> 00:33:28,040 Speaker 6: in that image is going to tell a story and 602 00:33:28,120 --> 00:33:30,840 Speaker 6: all the other things he's done, because I'm sure that 603 00:33:30,920 --> 00:33:35,000 Speaker 6: he likes so many other you know, suspects have plotted 604 00:33:35,040 --> 00:33:38,080 Speaker 6: this out and there may be evidence from days or 605 00:33:38,080 --> 00:33:40,320 Speaker 6: weeks before where he went to that house. I don't 606 00:33:40,360 --> 00:33:42,120 Speaker 6: know that for a fact, but as they go through 607 00:33:42,160 --> 00:33:44,760 Speaker 6: the phone, they're going to be able to see the 608 00:33:44,800 --> 00:33:47,840 Speaker 6: story of his life in addition to what the victims was. 609 00:33:48,120 --> 00:33:52,720 Speaker 8: Joining us now Special guest doctor Kendall Crowns. He is 610 00:33:52,760 --> 00:33:56,000 Speaker 8: the chief medical Examiner Terrant County, that's Fort Worth, Texas 611 00:33:56,360 --> 00:34:00,200 Speaker 8: and a stained a lecturer at the Burnett School of 612 00:34:00,280 --> 00:34:07,000 Speaker 8: Medicine at TCU. Question, why is it that at first 613 00:34:07,440 --> 00:34:12,280 Speaker 8: the girl's thought that the victims were just passed out. 614 00:34:12,640 --> 00:34:16,280 Speaker 11: How could that be? They were stabbed multiple times, doctor cram. 615 00:34:16,239 --> 00:34:19,000 Speaker 16: So, depending on where an individual is stabbed, they may 616 00:34:19,040 --> 00:34:22,279 Speaker 16: not actually bleed outside of their body. They'll bleed internally. 617 00:34:22,400 --> 00:34:25,760 Speaker 16: Usually like with sucking chest wounds, the blood will bleed 618 00:34:25,840 --> 00:34:29,360 Speaker 16: into your chest cavity. Blood may bleed into the abdominal cavity. 619 00:34:29,840 --> 00:34:33,359 Speaker 16: So if their wounds were in certain locations, there may 620 00:34:33,400 --> 00:34:35,560 Speaker 16: not have been any real blood that was outside of 621 00:34:35,560 --> 00:34:37,680 Speaker 16: the body, and so it wouldn't be soaking into their 622 00:34:37,680 --> 00:34:40,880 Speaker 16: clothes and they could look like they were just passed 623 00:34:40,920 --> 00:34:44,080 Speaker 16: out and laying there. And that would be my best 624 00:34:44,560 --> 00:34:45,279 Speaker 16: opinion on that. 625 00:34:45,360 --> 00:34:47,759 Speaker 8: You know, another thing, Doctor Kenell Crown's i'mcoming at this 626 00:34:47,800 --> 00:34:50,680 Speaker 8: from an evidentiary point of view. Have attacked the girls 627 00:34:50,719 --> 00:34:54,120 Speaker 8: because they say the witnesses the survivors, because they say, what, 628 00:34:54,239 --> 00:35:01,040 Speaker 8: you didn't hear anything, Well, actually they did hear something, 629 00:35:01,400 --> 00:35:06,759 Speaker 8: Sidney Sumner, investigative reporter. They heard someone moan or cry out, 630 00:35:07,480 --> 00:35:09,440 Speaker 8: They heard thumping up and down the stairs. 631 00:35:10,040 --> 00:35:10,440 Speaker 11: Correct. 632 00:35:10,680 --> 00:35:14,319 Speaker 7: Yeah, at one point the girls even came out of 633 00:35:14,360 --> 00:35:17,960 Speaker 7: their room to ask them to be quiet. So at 634 00:35:17,960 --> 00:35:20,359 Speaker 7: this way they didn't realize anything was a miss. They 635 00:35:20,360 --> 00:35:22,640 Speaker 7: thought their roommates had come home and we're still being 636 00:35:22,760 --> 00:35:26,560 Speaker 7: rowdy from their plans earlier that night, and we're asking 637 00:35:26,600 --> 00:35:29,640 Speaker 7: them to stop and to be quiet. They definitely heard 638 00:35:29,719 --> 00:35:32,120 Speaker 7: some promotion, you know, doctor Kindle Crowns. 639 00:35:33,040 --> 00:35:39,840 Speaker 8: Those attacking the two survivors are screaming. Well, why didn't 640 00:35:39,880 --> 00:35:42,719 Speaker 8: you hear the victims screaming? And why didn't you call 641 00:35:42,840 --> 00:35:46,880 Speaker 8: Nima one earlier, Doctor Kendall Crowns. In our world, the 642 00:35:46,920 --> 00:35:49,560 Speaker 8: way we live, for instance, if you hear a gunshot, 643 00:35:49,600 --> 00:35:52,719 Speaker 8: you may go, oh, who's setting off firecrackers? Because it's 644 00:35:52,800 --> 00:35:55,840 Speaker 8: not in your realm of understanding. You don't have your 645 00:35:55,960 --> 00:35:58,400 Speaker 8: arms around the fact somebody could be shot down the street, 646 00:35:59,040 --> 00:36:01,919 Speaker 8: or you might think it's a car backfiring. I've seen 647 00:36:02,120 --> 00:36:06,680 Speaker 8: many cases many were witnesses hear something but they don't 648 00:36:06,719 --> 00:36:08,280 Speaker 8: realize a murder is occurring. 649 00:36:08,719 --> 00:36:10,959 Speaker 11: What could the girls. 650 00:36:10,640 --> 00:36:14,360 Speaker 16: Have heard, So you're right, it's all kind of context. 651 00:36:14,520 --> 00:36:17,120 Speaker 16: You have to have an idea of what's going on. 652 00:36:17,360 --> 00:36:20,160 Speaker 16: You may think that something else is occurring when it's 653 00:36:20,200 --> 00:36:23,120 Speaker 16: actually a murder. What they could have heard is yelling, screaming, 654 00:36:23,840 --> 00:36:27,200 Speaker 16: things being knocked over, kind of bumping around. But the 655 00:36:27,280 --> 00:36:29,640 Speaker 16: same thing could be heard in people that are drunk 656 00:36:29,760 --> 00:36:33,319 Speaker 16: or having you know, a good time, or jumping around 657 00:36:33,440 --> 00:36:35,160 Speaker 16: or dancing, you could mistaken that. 658 00:36:35,400 --> 00:36:35,800 Speaker 11: Philip d. 659 00:36:35,920 --> 00:36:42,520 Speaker 8: Bay All argument between us aside, you're a veteran defense attorney. 660 00:36:43,280 --> 00:36:47,879 Speaker 8: How will the defense attack Dylan and Bethany for not 661 00:36:48,160 --> 00:36:51,440 Speaker 8: hearing for murders when they clearly did hear something but 662 00:36:51,480 --> 00:36:52,600 Speaker 8: they didn't know what they were hearing. 663 00:36:52,840 --> 00:36:55,480 Speaker 15: Yeah, that they were on an all night bender, that 664 00:36:55,520 --> 00:36:59,520 Speaker 15: they had been drinking, that they were likely hungover, that 665 00:36:59,560 --> 00:37:03,280 Speaker 15: they're perceptions and their ability to recall were compromised by 666 00:37:03,680 --> 00:37:07,240 Speaker 15: being impaired from the effects of alcohol, and who knows, 667 00:37:07,280 --> 00:37:10,880 Speaker 15: maybe if they smoked something. I don't know. But the 668 00:37:10,920 --> 00:37:15,080 Speaker 15: whole idea of being a reliable witness when you take 669 00:37:15,120 --> 00:37:18,880 Speaker 15: the oath is that your ability to observe, recall and 670 00:37:18,920 --> 00:37:23,439 Speaker 15: to perceive is not compromised by outside intoxicans or other 671 00:37:23,560 --> 00:37:27,439 Speaker 15: types of interference. And I think if you can establish that, 672 00:37:27,520 --> 00:37:30,720 Speaker 15: maybe at a pre trial hearing, a judge can find 673 00:37:30,960 --> 00:37:33,680 Speaker 15: that they're incompetent to testify as a witness. 674 00:37:33,800 --> 00:37:38,120 Speaker 8: Doctor Anthony Marshall, these girls have a tough time ahead 675 00:37:38,320 --> 00:37:41,800 Speaker 8: on cross exam, and I hate what's going to happen, 676 00:37:41,880 --> 00:37:43,080 Speaker 8: but they've got to take the. 677 00:37:43,040 --> 00:37:43,840 Speaker 11: Stand, Nancy. 678 00:37:43,920 --> 00:37:45,920 Speaker 12: They have to take this down. But what I'm concerned 679 00:37:45,960 --> 00:37:49,160 Speaker 12: about is that they're going to be re traumatized. They 680 00:37:49,160 --> 00:37:51,839 Speaker 12: have already gone over that night over and over again 681 00:37:51,880 --> 00:37:54,680 Speaker 12: in their minds, and when we have post traumatic stress disorder, 682 00:37:55,080 --> 00:37:58,560 Speaker 12: we have something called flashbacks. I hope some psychologists or 683 00:37:58,600 --> 00:38:03,000 Speaker 12: somebody is there to prepare these young people to be 684 00:38:03,239 --> 00:38:07,600 Speaker 12: on the stand because they will be cruelly resubjected to 685 00:38:07,640 --> 00:38:13,560 Speaker 12: the same physiological, arousal, intrusive thoughts and anxiety that they 686 00:38:13,640 --> 00:38:14,760 Speaker 12: had on the night. 687 00:38:14,640 --> 00:38:15,320 Speaker 1: Of the murders. 688 00:38:15,680 --> 00:38:18,120 Speaker 8: I just wish I could take this away from them, 689 00:38:18,360 --> 00:38:20,920 Speaker 8: but they're going to have to take the stand. We 690 00:38:20,960 --> 00:38:24,399 Speaker 8: wait as justice unfolds. And now we remember an American hero, 691 00:38:24,920 --> 00:38:29,360 Speaker 8: senior police officer, Alexander Yazzi, Navajo Division Public Safety Tribal 692 00:38:29,400 --> 00:38:32,880 Speaker 8: police shot and killed in a line of duty, a 693 00:38:33,000 --> 00:38:38,640 Speaker 8: US Marine Corps that served fourteen years with Elie. Survived 694 00:38:38,680 --> 00:38:43,600 Speaker 8: by wife now widow, Kathleen. American hero senior police officer 695 00:38:43,840 --> 00:38:50,880 Speaker 8: Alexander Yazzi. Nancy Gray signing off goodbye friend,