1 00:00:05,920 --> 00:00:08,000 Speaker 1: Crime Stories with Nancy Grease. 2 00:00:13,480 --> 00:00:19,120 Speaker 2: Bonschell in the prosecution of Brian Coburger in the slaughters 3 00:00:19,720 --> 00:00:25,200 Speaker 2: of four Beautiful University Idaho students. In the last days 4 00:00:25,400 --> 00:00:30,720 Speaker 2: we learn, the defense for Brian Coburger has asserted that 5 00:00:31,640 --> 00:00:39,600 Speaker 2: male DNA belonging to at least three other males other 6 00:00:39,680 --> 00:00:46,080 Speaker 2: than Brian Coburger has been found at the crime sat repeat. 7 00:00:46,440 --> 00:00:51,600 Speaker 2: According to the defense, DNA belonging to some other guy 8 00:00:51,960 --> 00:00:57,480 Speaker 2: other than Coburger has been found at the murder scene. 9 00:00:58,080 --> 00:01:02,120 Speaker 2: Is this a torpedo to the state. I'm Nancy Grace. 10 00:01:02,240 --> 00:01:04,640 Speaker 2: This is Crime Stories. Thank you for being with us 11 00:01:04,640 --> 00:01:08,520 Speaker 2: here at Foxination and series sixem one eleven. First of all, 12 00:01:08,520 --> 00:01:11,880 Speaker 2: take a listen to our friendsic km VT, a. 13 00:01:11,880 --> 00:01:14,760 Speaker 3: Lawyer for suspect Brian Colberger, filed a court dogment that 14 00:01:14,800 --> 00:01:18,600 Speaker 3: says no connection exists between Colberger and the four victims. 15 00:01:18,840 --> 00:01:21,960 Speaker 3: The defense argued investigators found DNA evidence of two other 16 00:01:22,040 --> 00:01:24,800 Speaker 3: men at the house where the victims died last November, 17 00:01:25,080 --> 00:01:28,000 Speaker 3: and Kolberger's lawyer argued the defense has been kept in 18 00:01:28,080 --> 00:01:31,120 Speaker 3: the dark about testing done on those samples and the 19 00:01:31,160 --> 00:01:34,440 Speaker 3: genetic genealogy method used to link Colberger to the murders. 20 00:01:34,840 --> 00:01:38,280 Speaker 3: Prosecutors have argued Colberger has no right to FBI data 21 00:01:38,280 --> 00:01:39,560 Speaker 3: collected from the method. 22 00:01:39,600 --> 00:01:42,080 Speaker 2: I have a really hard time believing the defense has 23 00:01:42,840 --> 00:01:46,280 Speaker 2: evidence being withheld from them about the DNA, because they're 24 00:01:46,280 --> 00:01:50,080 Speaker 2: the ones that have brought up the allegation that DNA 25 00:01:50,120 --> 00:01:53,440 Speaker 2: belonging to three other guys has been found at the scene. 26 00:01:53,800 --> 00:01:55,720 Speaker 2: Joining me an all star panel, But first I want 27 00:01:55,760 --> 00:02:00,000 Speaker 2: to go to Alexey Petrovitch, host for Live Now from 28 00:02:00,880 --> 00:02:05,120 Speaker 2: and you can find that at livenow Fox dot com. Alexia, 29 00:02:05,200 --> 00:02:07,120 Speaker 2: thank you so much for being with us. You've been 30 00:02:07,120 --> 00:02:09,280 Speaker 2: on the case from the very beginning. Now we just 31 00:02:09,320 --> 00:02:12,840 Speaker 2: heard the number two two other guys? Where is I 32 00:02:12,880 --> 00:02:16,400 Speaker 2: always called it the sad defense. Some other dude did it. 33 00:02:17,240 --> 00:02:20,520 Speaker 2: We're hearing now that DNA from three other guys, not two, 34 00:02:20,600 --> 00:02:25,200 Speaker 2: but three has been found at the scene. Is it 35 00:02:25,240 --> 00:02:29,280 Speaker 2: a torpedo to the state. I'm not so sure that 36 00:02:29,360 --> 00:02:32,560 Speaker 2: it is. But you tell me, Alexia, where's the DNA 37 00:02:32,639 --> 00:02:33,160 Speaker 2: coming from? 38 00:02:33,240 --> 00:02:36,040 Speaker 4: Well, Nancy, of course the DNA that the defense is 39 00:02:36,080 --> 00:02:39,119 Speaker 4: now bringing up. Anything that they can say that will 40 00:02:39,120 --> 00:02:41,320 Speaker 4: help their case is relevant at this point. 41 00:02:41,480 --> 00:02:47,920 Speaker 2: Oh girls, stop stop. Alexiya Petrovitch, you are so right. 42 00:02:49,360 --> 00:02:52,200 Speaker 2: You know, my husband always says, I'm like, why does 43 00:02:52,240 --> 00:02:55,320 Speaker 2: so and so do so and so, And he always says, 44 00:02:56,080 --> 00:02:58,600 Speaker 2: it's a right. On a sinking ship, they'll grab onto 45 00:02:58,639 --> 00:03:01,600 Speaker 2: anything just to try to live. So I'm so glad 46 00:03:01,600 --> 00:03:06,600 Speaker 2: you said that, But there's always this scary spectacle possibility 47 00:03:07,120 --> 00:03:10,600 Speaker 2: that maybe they're right. Okay, sorry, go ahead. I just 48 00:03:10,639 --> 00:03:12,799 Speaker 2: had to get the rat on the sinking ship thing 49 00:03:12,919 --> 00:03:14,040 Speaker 2: out there going. 50 00:03:14,160 --> 00:03:17,400 Speaker 4: Now, that's a great, great observation. And for them to 51 00:03:17,480 --> 00:03:21,120 Speaker 4: be able to show jurors at some point that there 52 00:03:21,120 --> 00:03:24,200 Speaker 4: were three other bits of DNA at the scene, two 53 00:03:24,280 --> 00:03:27,560 Speaker 4: inside of the home and another bit of DNA found 54 00:03:27,600 --> 00:03:30,400 Speaker 4: on a glove outside of the home days after the murder, 55 00:03:30,720 --> 00:03:34,920 Speaker 4: that could cast reasonable doubt forgers to think that maybe 56 00:03:34,920 --> 00:03:37,640 Speaker 4: there were other people that police didn't look enough into 57 00:03:37,880 --> 00:03:41,040 Speaker 4: outside of Brian Coberger. At this point, they continue to 58 00:03:41,040 --> 00:03:44,360 Speaker 4: say that there was no connection between him and the victims. 59 00:03:44,360 --> 00:03:46,400 Speaker 4: So you have to remember that the biggest piece of 60 00:03:46,480 --> 00:03:49,760 Speaker 4: evidence still remains the DNA on the knife sheet that 61 00:03:49,840 --> 00:03:52,440 Speaker 4: was not only found at the crime scene, but also 62 00:03:52,600 --> 00:03:55,440 Speaker 4: underneath the body of one of the victims, Matty Mogan. 63 00:03:55,720 --> 00:03:58,720 Speaker 4: And it was not only on the knife sheet case. 64 00:03:58,800 --> 00:04:01,480 Speaker 4: But it was also on the button of that knife sheet. 65 00:04:01,640 --> 00:04:04,800 Speaker 4: You think about it, whoever did this, whoever committed this crime. 66 00:04:05,440 --> 00:04:09,680 Speaker 4: Obviously prosecutor say it's coburger, touched the knife sheet, took 67 00:04:09,680 --> 00:04:12,520 Speaker 4: it off, touch that button piece on the nice sheaf 68 00:04:12,640 --> 00:04:17,200 Speaker 4: case and that was found directly under a victim at 69 00:04:17,200 --> 00:04:17,520 Speaker 4: the crime. 70 00:04:17,560 --> 00:04:21,320 Speaker 2: Then okay, I'm dissecting everything you just said because that 71 00:04:21,440 --> 00:04:26,080 Speaker 2: was a lot of information. First of all, there's so 72 00:04:26,080 --> 00:04:27,960 Speaker 2: many places to go from what you just said. But 73 00:04:28,040 --> 00:04:31,919 Speaker 2: first I want to clarify, not that you're wrong, you're right, 74 00:04:32,240 --> 00:04:35,040 Speaker 2: but I want you to clarify what you're talking about 75 00:04:35,120 --> 00:04:38,080 Speaker 2: to everybody that hasn't seen the knife sheet when you 76 00:04:38,120 --> 00:04:40,520 Speaker 2: say DNA was found on the button. 77 00:04:40,800 --> 00:04:44,240 Speaker 4: So a knife sheaf case is essentially a slip that 78 00:04:44,279 --> 00:04:46,240 Speaker 4: goes over it. So when you take it out of 79 00:04:46,240 --> 00:04:49,080 Speaker 4: the case, there's a button that holds it in place. 80 00:04:49,320 --> 00:04:50,520 Speaker 5: They had to pop. 81 00:04:50,240 --> 00:04:53,040 Speaker 2: Off that button. Give me like a snap, Yes, a snap? 82 00:04:53,200 --> 00:04:56,120 Speaker 2: So is it a snap hold on? Chris mcdunna joining me, 83 00:04:56,240 --> 00:05:01,080 Speaker 2: Director the Cold Case Foundation, former homicide detective, has investigated 84 00:05:01,320 --> 00:05:06,640 Speaker 2: over three hundred homicide host of the Interview Room on YouTube, 85 00:05:06,680 --> 00:05:09,760 Speaker 2: which is where I found him. Chris is it a 86 00:05:09,800 --> 00:05:12,000 Speaker 2: snap or a button. It's a snap, right. 87 00:05:12,080 --> 00:05:12,960 Speaker 5: Yeah, it's a snap. 88 00:05:13,040 --> 00:05:15,480 Speaker 2: Okay, hold on, hold on, guys. I know you may 89 00:05:15,480 --> 00:05:19,960 Speaker 2: think it's crazy. I had never really observed that many 90 00:05:20,000 --> 00:05:23,159 Speaker 2: people walking around with a knife sheath on their waist 91 00:05:24,000 --> 00:05:29,520 Speaker 2: until my twins went to Scout camp. And of course, 92 00:05:29,520 --> 00:05:31,960 Speaker 2: when I heard Scout camp, I'm like, oh no, nobody's 93 00:05:31,960 --> 00:05:34,400 Speaker 2: going to Scout camp without me there to guard over them. 94 00:05:35,240 --> 00:05:39,360 Speaker 2: So I made my husband take the volunteer train and 95 00:05:39,400 --> 00:05:42,560 Speaker 2: go along with me, and we went as volunteers to 96 00:05:42,600 --> 00:05:49,279 Speaker 2: help every adult male and a lot of the young boys. 97 00:05:50,240 --> 00:05:52,520 Speaker 2: Lucy was there too, because girls can now get their 98 00:05:52,520 --> 00:05:56,080 Speaker 2: Eagle Scout as well. But they all had nice seats 99 00:05:56,760 --> 00:06:01,000 Speaker 2: on their belt, and I thought that was a little excessive, 100 00:06:01,600 --> 00:06:06,000 Speaker 2: but once we started all the classes, they were really 101 00:06:06,120 --> 00:06:10,520 Speaker 2: using them to cut things and make fires and just 102 00:06:10,560 --> 00:06:15,400 Speaker 2: all sorts of things. So the snap has got to 103 00:06:15,440 --> 00:06:20,200 Speaker 2: be something easy. It gives you easy access to the knife. 104 00:06:20,360 --> 00:06:24,920 Speaker 2: And there's usually everyone that I looked at because in 105 00:06:25,040 --> 00:06:28,800 Speaker 2: most of my knife murders, nobody had a sheath. There 106 00:06:28,839 --> 00:06:31,560 Speaker 2: are a lot of switchblade murders and kitchen knife murders 107 00:06:31,600 --> 00:06:34,480 Speaker 2: no sheath, but in every sheath that I saw there, 108 00:06:34,600 --> 00:06:37,400 Speaker 2: and since the coburger cases happen, I now of course 109 00:06:37,480 --> 00:06:41,239 Speaker 2: research them. There's a flap of leather or fake leather 110 00:06:41,440 --> 00:06:45,000 Speaker 2: that goes over the top of the knife and snaps 111 00:06:46,160 --> 00:06:50,080 Speaker 2: on the front side of that knife sheath. So in 112 00:06:50,200 --> 00:06:52,480 Speaker 2: order to access the knife, you have to grab it. 113 00:06:52,839 --> 00:06:57,119 Speaker 2: Like you're hearing Alexeiya Petrovitch described, you grab the nap 114 00:06:57,600 --> 00:07:00,599 Speaker 2: and pull it off, and then when you snap it back, 115 00:07:00,960 --> 00:07:04,880 Speaker 2: you touch it again. Do I have that right, Chris McDonough. 116 00:07:04,520 --> 00:07:07,839 Speaker 6: You absolutely do, Nancy, And typically it takes two hands 117 00:07:08,320 --> 00:07:11,160 Speaker 6: to do that because you have to hold the receiving 118 00:07:11,280 --> 00:07:16,920 Speaker 6: end and then push on the snap end. So this 119 00:07:17,120 --> 00:07:20,440 Speaker 6: DNA on that snap is you know, the elephant in 120 00:07:20,480 --> 00:07:24,200 Speaker 6: the living room for the defense team here. And that's 121 00:07:24,200 --> 00:07:27,640 Speaker 6: why we see the two declarations that were declared in 122 00:07:27,720 --> 00:07:33,280 Speaker 6: reference to the DNA collection processing and the lab processing. 123 00:07:33,320 --> 00:07:37,280 Speaker 6: Obviously one from the gal out of California, out of 124 00:07:37,280 --> 00:07:40,840 Speaker 6: Berkeley and then eventually out of Cornell and then the 125 00:07:40,880 --> 00:07:46,680 Speaker 6: other attorney out of Maryland. They're going to attack. They're 126 00:07:46,720 --> 00:07:47,720 Speaker 6: on the attack, you know. 127 00:07:48,320 --> 00:07:52,640 Speaker 2: Hold on. Alesiya Petrovitch joining us from Live Now at Fox, 128 00:07:53,520 --> 00:07:56,960 Speaker 2: Tara Mallick is with us, high profile lawyer out of 129 00:07:57,000 --> 00:08:01,040 Speaker 2: the Coburger jurisdiction which is Idaho and partner of Smith 130 00:08:01,080 --> 00:08:04,400 Speaker 2: and Malick law firm. Tur thank you for being with us. 131 00:08:04,640 --> 00:08:09,560 Speaker 2: You know what, I would always work late at the 132 00:08:09,560 --> 00:08:12,640 Speaker 2: District Attorney's office and there'd be nobody else there by 133 00:08:12,640 --> 00:08:16,600 Speaker 2: the time I finally left, and I typically didn't want 134 00:08:16,600 --> 00:08:19,880 Speaker 2: to hear any sound like vacuum cleaners or anything because 135 00:08:19,880 --> 00:08:22,280 Speaker 2: I've been trying to read something. And I will never 136 00:08:22,320 --> 00:08:26,040 Speaker 2: forget the whoosh of defense motions coming under my door. 137 00:08:26,040 --> 00:08:27,640 Speaker 2: I don't know how they got in the DA's office, 138 00:08:27,640 --> 00:08:31,080 Speaker 2: but that would happen a lot at night, and I'd 139 00:08:31,280 --> 00:08:33,440 Speaker 2: look at the motion. It would be a huge stack 140 00:08:33,800 --> 00:08:37,880 Speaker 2: of motions and they would many of them would be 141 00:08:37,920 --> 00:08:43,000 Speaker 2: pro forma like I'm challenging the defendant statement because he 142 00:08:43,240 --> 00:08:45,080 Speaker 2: didn't have the miranda. I mean, you get that in 143 00:08:45,200 --> 00:08:48,480 Speaker 2: every single case, but when you get to court and 144 00:08:48,520 --> 00:08:55,079 Speaker 2: the hearings begin, it's the issues that hurt them the 145 00:08:55,120 --> 00:09:00,760 Speaker 2: most that they scream the most about. And that is 146 00:09:00,880 --> 00:09:04,960 Speaker 2: why this DNA just like Alexi just told us that 147 00:09:05,040 --> 00:09:08,560 Speaker 2: this case may hinge to a large degree on the DNA. 148 00:09:08,880 --> 00:09:11,559 Speaker 2: That's why they're screaming about it so much because this 149 00:09:12,200 --> 00:09:14,880 Speaker 2: is the twisting of the knife, pardon the pun to them. 150 00:09:15,160 --> 00:09:18,920 Speaker 2: This is what's hurting Coburger, is this DNA. He can 151 00:09:19,000 --> 00:09:21,480 Speaker 2: explain away a lot of the other stuff, a lot 152 00:09:21,480 --> 00:09:25,600 Speaker 2: of it, but not the DNA. That's the hardest issue 153 00:09:25,600 --> 00:09:27,560 Speaker 2: for them. Would you agree, Tarah? 154 00:09:27,679 --> 00:09:28,319 Speaker 7: Absolutely? 155 00:09:28,520 --> 00:09:32,360 Speaker 8: I mean I think that you know, DNA evidence now 156 00:09:32,720 --> 00:09:37,680 Speaker 8: is generally relied upon. You know, the general public knows 157 00:09:37,720 --> 00:09:41,640 Speaker 8: what DNA evidence is. It is the strongest piece of 158 00:09:41,640 --> 00:09:45,440 Speaker 8: evidence I think against Coberghre, especially in the case, you know, 159 00:09:45,480 --> 00:09:47,320 Speaker 8: in a case like this where you don't have any 160 00:09:47,400 --> 00:09:51,280 Speaker 8: sort of admission from him or a partial admission from him. 161 00:09:51,400 --> 00:09:54,640 Speaker 8: So they're going to go after the strongest piece of evidence, 162 00:09:54,679 --> 00:09:58,120 Speaker 8: and they're going to try and poke whatever holes they can. 163 00:09:58,559 --> 00:10:00,760 Speaker 8: You know, how did you get the DNA evidence? Are 164 00:10:00,760 --> 00:10:03,079 Speaker 8: you sure it's the right person? How many people did 165 00:10:03,120 --> 00:10:05,640 Speaker 8: you check? You know, what's the methodology of doing it? 166 00:10:06,559 --> 00:10:07,199 Speaker 5: So I'm not. 167 00:10:07,280 --> 00:10:10,320 Speaker 8: Surprised that they're going after the DNA evidence first. Now, 168 00:10:10,520 --> 00:10:13,080 Speaker 8: whether or not they're going to be successful here big 169 00:10:13,160 --> 00:10:15,840 Speaker 8: question that remains to be seen. And just because there's 170 00:10:16,000 --> 00:10:20,160 Speaker 8: DNA evidence from you know, a couple other people in 171 00:10:20,280 --> 00:10:24,440 Speaker 8: that house doesn't necessarily think the state's case. You know, 172 00:10:24,480 --> 00:10:27,000 Speaker 8: what we understand from this house is that it was 173 00:10:27,120 --> 00:10:29,480 Speaker 8: kind of a party house, as a typical college house. 174 00:10:29,520 --> 00:10:34,040 Speaker 8: People were in and out all the time, so not surprising. 175 00:10:34,240 --> 00:10:36,880 Speaker 8: It's certainly an area that the prosecution will have to 176 00:10:36,960 --> 00:10:39,280 Speaker 8: ultimately explain if they get all the way to trial, 177 00:10:40,280 --> 00:10:42,880 Speaker 8: but something that the prosecution does need to keep their 178 00:10:42,880 --> 00:11:00,080 Speaker 8: eye on and really work hard to combat that defense strategy. 179 00:11:00,920 --> 00:11:02,720 Speaker 1: Time Stories with Nancy Grace. 180 00:11:03,840 --> 00:11:06,960 Speaker 2: I want to go back to Alexia Petrovitchose for Live 181 00:11:07,080 --> 00:11:11,000 Speaker 2: Now at Fox. Alexia, the reason I'm so interested in 182 00:11:11,160 --> 00:11:15,240 Speaker 2: where this other male DNA was found. Let me give 183 00:11:15,280 --> 00:11:19,199 Speaker 2: you an example I learned working with jury's Rather than, 184 00:11:19,240 --> 00:11:21,680 Speaker 2: for instance, read the black and white letter of the law, 185 00:11:21,720 --> 00:11:26,960 Speaker 2: it's easier to give an example for everybody. So, Alexia, 186 00:11:27,080 --> 00:11:30,760 Speaker 2: we've had painters in our house. Okay, so let's just 187 00:11:30,840 --> 00:11:34,040 Speaker 2: pretend my husband has found knife dead. Poor David. He's 188 00:11:34,040 --> 00:11:38,080 Speaker 2: been killed so many times in the bedroom, and of 189 00:11:38,080 --> 00:11:41,440 Speaker 2: course everybody thinks it's me because it's always the spouse 190 00:11:41,520 --> 00:11:46,560 Speaker 2: or the ex or some love relationship. But I can 191 00:11:46,640 --> 00:11:52,880 Speaker 2: prove that another unknown male DNA has been found in 192 00:11:52,920 --> 00:11:57,640 Speaker 2: the bedroom where he was stabbed dead. Sorry, David, but 193 00:11:58,800 --> 00:12:04,000 Speaker 2: as it turns out, where the DNA is, the painters 194 00:12:05,760 --> 00:12:10,720 Speaker 2: would have removed light switches to paint around the light switch. 195 00:12:11,400 --> 00:12:14,280 Speaker 2: What if the male DNA was back on the light switch. 196 00:12:15,360 --> 00:12:20,840 Speaker 2: So yes, DNA is found at the crime scene, but 197 00:12:21,000 --> 00:12:23,960 Speaker 2: on the light switch, So who cares? Do we know 198 00:12:24,240 --> 00:12:28,240 Speaker 2: where the DNA was found? I know on one glove 199 00:12:28,320 --> 00:12:31,400 Speaker 2: found outside, which may have been the glove you identify 200 00:12:31,520 --> 00:12:37,000 Speaker 2: Chris McDonough. But where what about the other two DNA samples? Alexia? 201 00:12:37,280 --> 00:12:40,360 Speaker 4: All that we've heard so far is that two pieces 202 00:12:40,360 --> 00:12:43,120 Speaker 4: of DNA were found inside of the house near the 203 00:12:43,120 --> 00:12:46,000 Speaker 4: crime scene. The only other detail outside of that is 204 00:12:46,040 --> 00:12:48,640 Speaker 4: that there was a third piece of DNA found outside 205 00:12:48,640 --> 00:12:51,240 Speaker 4: of the house a few days after the murders, and 206 00:12:51,280 --> 00:12:53,920 Speaker 4: that it was found on a glove. But the defense 207 00:12:53,920 --> 00:12:56,720 Speaker 4: continues to say, why was this never brought up? You 208 00:12:56,840 --> 00:12:59,520 Speaker 4: focused your search on Coberger right from the beginning. You 209 00:12:59,559 --> 00:13:02,480 Speaker 4: were set up on him as your prime suspect in this. 210 00:13:02,640 --> 00:13:05,719 Speaker 4: But did you interview these other people? Because this is 211 00:13:05,760 --> 00:13:07,320 Speaker 4: obviously very relevant. 212 00:13:06,880 --> 00:13:07,280 Speaker 7: To the key. 213 00:13:07,440 --> 00:13:11,200 Speaker 2: Okay, so how are we going to combat that? Joining me, 214 00:13:11,440 --> 00:13:17,079 Speaker 2: Doctor Michelle Dupre, forensic pathologist, medical examiner, former detective, and 215 00:13:17,480 --> 00:13:23,439 Speaker 2: literally she wrote the book Homicide Investigation Field Guide. Doctor 216 00:13:23,600 --> 00:13:27,280 Speaker 2: Michelle Dupre, How is the steak going to handle this? 217 00:13:27,440 --> 00:13:29,400 Speaker 2: You've dealt with so many DNA cases. 218 00:13:29,600 --> 00:13:32,040 Speaker 7: Well, I think that this is really, you know, as 219 00:13:32,040 --> 00:13:34,480 Speaker 7: we've all sort of said, it's a red herring. This 220 00:13:34,760 --> 00:13:37,800 Speaker 7: is it's not unusual to find other DNA in the 221 00:13:37,840 --> 00:13:40,960 Speaker 7: same residence. It's going to be critical where that DNA 222 00:13:41,080 --> 00:13:43,280 Speaker 7: was found. And I think that they're going to really 223 00:13:43,360 --> 00:13:48,480 Speaker 7: play up the information that Coburger's DNA was found not 224 00:13:48,559 --> 00:13:52,200 Speaker 7: just at the crime scene, but where the victim was. 225 00:13:52,760 --> 00:13:56,240 Speaker 7: That's what's important. If this other DNA is found outside 226 00:13:56,280 --> 00:13:59,280 Speaker 7: on a glove or downstairs in the kitchen, or wherever 227 00:13:59,320 --> 00:14:01,400 Speaker 7: it may have been, that's going to be very important. 228 00:14:01,400 --> 00:14:03,440 Speaker 7: The location will be very important. 229 00:14:03,600 --> 00:14:07,920 Speaker 2: Location, location, location, Chris mcdonok, you've investigated over three hundred 230 00:14:07,920 --> 00:14:09,240 Speaker 2: homicide jump. 231 00:14:09,120 --> 00:14:13,080 Speaker 6: In so Nancy, I think the interesting thing here is 232 00:14:13,800 --> 00:14:19,280 Speaker 6: if they follow the investigative protocol of asking why versus 233 00:14:19,440 --> 00:14:22,920 Speaker 6: you know, how, then what we're going to see is 234 00:14:23,120 --> 00:14:29,440 Speaker 6: the question always arises, why is Coburg's DNA on that 235 00:14:29,600 --> 00:14:33,800 Speaker 6: snap in that bedroom? Now the glove outside that was 236 00:14:35,560 --> 00:14:40,040 Speaker 6: from Thanksgiving Day. I was up there, you know, looking 237 00:14:40,040 --> 00:14:44,000 Speaker 6: at the crime scene. I observed this glove outside behind 238 00:14:44,040 --> 00:14:46,800 Speaker 6: the tape. I notified an officer that was there. They 239 00:14:46,840 --> 00:14:53,000 Speaker 6: came over and eventually collected it. So the other piece 240 00:14:53,040 --> 00:14:56,640 Speaker 6: of this is the video from the body camera of 241 00:14:56,760 --> 00:15:02,400 Speaker 6: the calls of loud party at that house. So when 242 00:15:02,400 --> 00:15:05,320 Speaker 6: the officers get there, we see Mattie, she comes out, 243 00:15:05,760 --> 00:15:08,280 Speaker 6: you know, makes contact with the police, and you can 244 00:15:08,320 --> 00:15:11,960 Speaker 6: see another male and unknown mail with her. So I think, 245 00:15:12,240 --> 00:15:14,840 Speaker 6: you know, to doctor Duprees's point there, it is a 246 00:15:14,880 --> 00:15:17,120 Speaker 6: red herring because there's going to be a lot of 247 00:15:17,440 --> 00:15:21,440 Speaker 6: male DNA in that house, and we have two videos 248 00:15:21,440 --> 00:15:23,120 Speaker 6: to prove it from the body camera. 249 00:15:23,320 --> 00:15:26,560 Speaker 2: You're so right, So doctor Bethany Marshall, I'll see this 250 00:15:26,600 --> 00:15:31,520 Speaker 2: as a double side, two sided coin. Doctor Bethany Marshall 251 00:15:31,760 --> 00:15:35,440 Speaker 2: is joining us renow psychoanalyst joining us out of Beverly 252 00:15:35,520 --> 00:15:40,080 Speaker 2: Heels at doctor Bethany Marshall dot com, Doctor Bethany number 253 00:15:40,120 --> 00:15:45,640 Speaker 2: one at matt Location location location is the other male 254 00:15:45,840 --> 00:15:51,160 Speaker 2: DNA found on the kitchen island. Is it found on 255 00:15:51,840 --> 00:15:57,080 Speaker 2: the front door knob. Is it found in one of 256 00:15:57,120 --> 00:16:00,480 Speaker 2: the bedrooms where the victims are killed. That as you 257 00:16:00,520 --> 00:16:04,760 Speaker 2: get closer to the scene, to the bodies, it matters more. 258 00:16:05,080 --> 00:16:08,520 Speaker 2: It becomes more critical. We don't know that much less 259 00:16:08,520 --> 00:16:11,320 Speaker 2: on a glove outside. I'm not even concerned with an 260 00:16:11,360 --> 00:16:14,720 Speaker 2: outside glove. When I was there at the scene, I 261 00:16:14,720 --> 00:16:19,560 Speaker 2: saw a frosty mitten outside, and you know what did 262 00:16:19,600 --> 00:16:23,560 Speaker 2: that mean? Probably nothing, So that matters a lot. So 263 00:16:24,320 --> 00:16:26,600 Speaker 2: also we've gotten the fact that the state's going to 264 00:16:26,640 --> 00:16:29,800 Speaker 2: have to argue it was a party house, and thereby 265 00:16:30,120 --> 00:16:34,720 Speaker 2: the defenses could and they usually do, make out the 266 00:16:34,760 --> 00:16:38,400 Speaker 2: girls to be party girls, which has no barrier on 267 00:16:38,440 --> 00:16:39,360 Speaker 2: this case at all. 268 00:16:39,480 --> 00:16:40,560 Speaker 5: Nancy, you were so right. 269 00:16:40,680 --> 00:16:41,720 Speaker 7: My first thought about this. 270 00:16:41,920 --> 00:16:45,400 Speaker 5: I'm not a crime scene investigator or a homicide detective. 271 00:16:45,560 --> 00:16:46,040 Speaker 7: I am a. 272 00:16:46,000 --> 00:16:50,080 Speaker 5: Psychoanalyst, social psychologist, and my first thought was, this is 273 00:16:50,120 --> 00:16:52,640 Speaker 5: an attempt to discredit these girls. They're going to say 274 00:16:52,960 --> 00:16:55,320 Speaker 5: that the DNA was semen that was found on the 275 00:16:55,360 --> 00:16:59,080 Speaker 5: bed or somewhere in the bedroom, and what that's going 276 00:16:59,120 --> 00:17:02,920 Speaker 5: to do, in the mind of the defense attorneys is 277 00:17:03,440 --> 00:17:06,879 Speaker 5: discredit the girls, make them seem You said party girls, 278 00:17:06,880 --> 00:17:10,440 Speaker 5: but I'm gonna say promiscuous, like lots of men were 279 00:17:10,480 --> 00:17:13,959 Speaker 5: coming in and out. Maybe girls who are in pair, drinking, 280 00:17:14,119 --> 00:17:17,760 Speaker 5: using drugs. You know, whatever they can do to discredit 281 00:17:17,920 --> 00:17:22,280 Speaker 5: and humiliate the victim that you know, this is the 282 00:17:22,280 --> 00:17:25,119 Speaker 5: the seed has such a strong case against Brian Coberger, 283 00:17:25,320 --> 00:17:29,480 Speaker 5: and there's so much antagonistic set that towards him. You know, 284 00:17:29,520 --> 00:17:32,400 Speaker 5: I think this could backfire on the defense attorneys if 285 00:17:32,400 --> 00:17:35,280 Speaker 5: they try to discredit the victims. But what it is 286 00:17:35,359 --> 00:17:38,920 Speaker 5: going to do for the families, Nancy, is it's going 287 00:17:38,960 --> 00:17:44,280 Speaker 5: to be painful to hear their daughters being painted as 288 00:17:44,400 --> 00:17:48,000 Speaker 5: promiscuous as semen in the bed, as all these different 289 00:17:48,080 --> 00:17:51,040 Speaker 5: men's DNA around the house. You know, it's just it's 290 00:17:51,080 --> 00:17:54,159 Speaker 5: just it's painful, and it really you know, it's like 291 00:17:54,280 --> 00:17:57,200 Speaker 5: opening up a health record after a victim is gone, 292 00:17:57,480 --> 00:18:00,399 Speaker 5: after a victim has died. There's allll kinds of things 293 00:18:00,400 --> 00:18:02,959 Speaker 5: in there the victim would not have wanted their family 294 00:18:03,080 --> 00:18:05,760 Speaker 5: or the public to know. So it kind of drags 295 00:18:05,800 --> 00:18:09,320 Speaker 5: the victims through the mud as well. So too, to 296 00:18:09,400 --> 00:18:14,000 Speaker 5: maybe the scientists on this panel, it's you know, it's 297 00:18:14,640 --> 00:18:18,720 Speaker 5: a piece of scientific evidence. To me, it is a 298 00:18:18,760 --> 00:18:23,000 Speaker 5: story that drags the victims through the mud again and 299 00:18:23,040 --> 00:18:25,320 Speaker 5: again and again at the family's expense. 300 00:18:25,640 --> 00:18:30,440 Speaker 2: Guys Not only is there a claim that other male 301 00:18:30,560 --> 00:18:32,720 Speaker 2: DNA was found at the scene, it may very well 302 00:18:32,760 --> 00:18:36,680 Speaker 2: be true. The defense is also climbing there is no 303 00:18:37,080 --> 00:18:42,480 Speaker 2: connection between Coburger and the victims in this case. Take 304 00:18:42,480 --> 00:18:46,320 Speaker 2: a listen to Aaron McLaughlin at NBC. 305 00:18:46,359 --> 00:18:49,760 Speaker 9: Coburger's lawyers argue for the release of materials they say 306 00:18:49,800 --> 00:18:53,880 Speaker 9: they need to defend the suspected killer. Coburger's lawyer also 307 00:18:54,000 --> 00:18:57,359 Speaker 9: went even further in the court filing, saying, quote, there 308 00:18:57,440 --> 00:19:00,560 Speaker 9: is no connection between mister Coburger and the victims. 309 00:19:00,760 --> 00:19:01,439 Speaker 2: There is no. 310 00:19:01,400 --> 00:19:04,439 Speaker 9: Explanation for the total lack of DNA evidence from the 311 00:19:04,520 --> 00:19:09,080 Speaker 9: victims in mister Coberger's apartment, home, office, or vehicle. 312 00:19:09,400 --> 00:19:12,080 Speaker 2: Okay, we're gonna have to deal with that as well. 313 00:19:12,480 --> 00:19:17,480 Speaker 2: That was an oj Simpson defense as well, that Simpson, 314 00:19:17,640 --> 00:19:21,280 Speaker 2: if he had been actually guilty, would have been covered 315 00:19:21,520 --> 00:19:23,760 Speaker 2: in blood. Well, just let me point out that the 316 00:19:23,840 --> 00:19:27,920 Speaker 2: victim's blood was found on his socks in his bedroom 317 00:19:28,040 --> 00:19:34,480 Speaker 2: at home, both victims. So how was the blood from 318 00:19:34,840 --> 00:19:40,479 Speaker 2: both victims on his socks in his bedroom in his home? 319 00:19:40,960 --> 00:19:44,440 Speaker 2: How that happened? But the defense argued, and they argued 320 00:19:44,480 --> 00:19:48,680 Speaker 2: it really well, that he should have been covered head 321 00:19:48,680 --> 00:19:50,679 Speaker 2: to toe with blood. And that's what's going to be 322 00:19:50,880 --> 00:19:56,639 Speaker 2: argued here. Okay, back to you, Chris McDonough, how is 323 00:19:56,720 --> 00:19:59,520 Speaker 2: this going to go down that as of right now, 324 00:19:59,560 --> 00:20:02,560 Speaker 2: we don't I don't know of any of the victims 325 00:20:02,760 --> 00:20:07,600 Speaker 2: DNA blood or anything else found in his car or apartment. 326 00:20:08,080 --> 00:20:12,359 Speaker 6: Well, right now, as we know, Nancy, that the prosecution 327 00:20:12,560 --> 00:20:16,760 Speaker 6: has obviously turned over everything to them. It sounds like 328 00:20:16,880 --> 00:20:22,000 Speaker 6: because they are, you know, on the offense here. However, 329 00:20:22,600 --> 00:20:26,760 Speaker 6: they also have to deal with the cellular footprint that 330 00:20:26,880 --> 00:20:30,840 Speaker 6: ties him to that residence multiple times, twelve times, I believe, 331 00:20:31,880 --> 00:20:34,640 Speaker 6: as you recall it. And so you know, the fact 332 00:20:34,720 --> 00:20:37,400 Speaker 6: that there isn't necessarily blood that we know. 333 00:20:37,560 --> 00:20:41,879 Speaker 2: Of, say that again about the evidence found it the 334 00:20:41,920 --> 00:20:44,399 Speaker 2: same and say it really slowly. I don't want that 335 00:20:44,440 --> 00:20:45,600 Speaker 2: to get lost in the sauce. 336 00:20:46,000 --> 00:20:50,000 Speaker 6: Yeah, So that they also have a motion to go 337 00:20:50,080 --> 00:20:54,440 Speaker 6: after the cast team, the FBI agent who collected all 338 00:20:54,480 --> 00:20:59,240 Speaker 6: the cellular data, which is going to be another huge 339 00:20:59,280 --> 00:21:04,480 Speaker 6: footprint for him to overcome. And so the fact that 340 00:21:04,520 --> 00:21:09,560 Speaker 6: there isn't necessarily any transferred blood from the crime scene 341 00:21:09,600 --> 00:21:12,639 Speaker 6: into a vehicle we have to take into account. He 342 00:21:12,680 --> 00:21:17,880 Speaker 6: also cleaned that vehicle exceptionally well while he was under surveillance. 343 00:21:18,560 --> 00:21:21,760 Speaker 6: So they have that testimony of the officers or whoever 344 00:21:21,800 --> 00:21:24,920 Speaker 6: that surveillance team was to say, yeah, I saw him 345 00:21:24,920 --> 00:21:27,800 Speaker 6: cleaning that vehicle. So again we go back to that 346 00:21:27,920 --> 00:21:32,440 Speaker 6: question not to how, but why was he cleaning that vehicle, 347 00:21:33,960 --> 00:21:37,000 Speaker 6: which is going to be an interesting testimony to hear 348 00:21:37,080 --> 00:21:38,480 Speaker 6: as the case goes on. 349 00:21:38,600 --> 00:21:43,560 Speaker 2: You know what I think, Terah Mallik, that it can 350 00:21:43,800 --> 00:21:47,920 Speaker 2: hurt the state's case. There's no DNA from the victims 351 00:21:47,960 --> 00:21:51,040 Speaker 2: in his car or his apartment, if that is in 352 00:21:51,119 --> 00:21:51,720 Speaker 2: fact true. 353 00:21:51,760 --> 00:21:56,600 Speaker 8: Yeah, I think certainly in the lack of DANNY evidence 354 00:21:56,680 --> 00:22:00,720 Speaker 8: there weakens the state's case a little bit. You know again, 355 00:22:00,760 --> 00:22:02,879 Speaker 8: I think that there are ways the state can deal 356 00:22:02,920 --> 00:22:06,480 Speaker 8: with that. In this case. The timeline, you know, it 357 00:22:06,520 --> 00:22:10,080 Speaker 8: wasn't that Coburger was arrested right away. Coburger was across 358 00:22:10,080 --> 00:22:13,320 Speaker 8: the country when he was arrested somewhere else. He certainly 359 00:22:13,320 --> 00:22:15,840 Speaker 8: had enough time to clean out his car if there 360 00:22:15,880 --> 00:22:17,920 Speaker 8: was any sort of DNA evidence in there. 361 00:22:18,240 --> 00:22:19,240 Speaker 5: So the state can. 362 00:22:19,080 --> 00:22:23,200 Speaker 8: Go and point out things like that to say, yeah, 363 00:22:23,240 --> 00:22:26,360 Speaker 8: there's no no DNA evidence, for instance, in this car 364 00:22:26,480 --> 00:22:29,320 Speaker 8: or his apartment. But you know, look at this long delay. 365 00:22:29,520 --> 00:22:33,199 Speaker 2: You're right, you got this huge long delay. But I 366 00:22:33,240 --> 00:22:35,800 Speaker 2: also want you to hear our cut five one three 367 00:22:36,640 --> 00:22:37,320 Speaker 2: from NBAC. 368 00:22:37,680 --> 00:22:41,800 Speaker 9: A key part of the case Coburger's DNA. While prosecutors 369 00:22:41,800 --> 00:22:44,120 Speaker 9: say his DNA was at the scene of the murders, 370 00:22:44,440 --> 00:22:48,520 Speaker 9: Coburger's lawyers argue investigators did not find any victim DNA 371 00:22:48,680 --> 00:22:51,600 Speaker 9: in his apartment, office, home, or vehicle. 372 00:22:51,880 --> 00:22:55,000 Speaker 10: There's multiple ways to explain the lack of DNA in 373 00:22:55,000 --> 00:22:57,679 Speaker 10: his vehicle, in his apartment. There's not a lot of 374 00:22:57,680 --> 00:23:00,600 Speaker 10: ways to explain his DNA on the sheath of the 375 00:23:00,680 --> 00:23:01,200 Speaker 10: murder weapon. 376 00:23:01,600 --> 00:23:04,359 Speaker 9: At the moment, the trial is said to begin October second. 377 00:23:04,560 --> 00:23:07,399 Speaker 9: Given that this is now a death penalty case, legal 378 00:23:07,440 --> 00:23:09,160 Speaker 9: experts expect it to be delayed. 379 00:23:09,200 --> 00:23:13,240 Speaker 2: To you, Chris McDonough joining US former homicide detective, do 380 00:23:13,280 --> 00:23:16,639 Speaker 2: you agree with Steve Kramer that you just heard his voice? 381 00:23:16,800 --> 00:23:20,560 Speaker 2: With a former FBI lawyer, There's a lot of ways 382 00:23:21,000 --> 00:23:25,560 Speaker 2: to explain lack of victim DNA in his car or home. 383 00:23:26,000 --> 00:23:29,480 Speaker 2: There's not a lot of ways to explain his DNA 384 00:23:30,240 --> 00:23:33,400 Speaker 2: not just at the scene of the crime, but in 385 00:23:33,440 --> 00:23:37,159 Speaker 2: the bed with one of the crime victims. Matty Mogan 386 00:23:37,440 --> 00:23:40,800 Speaker 2: and think about it, Chris McDonough, not only had time 387 00:23:40,920 --> 00:23:45,639 Speaker 2: passed before the apartment of the car were searched, a 388 00:23:45,680 --> 00:23:51,480 Speaker 2: lot of time. By the way, he's a criminal procedure specialist. 389 00:23:51,680 --> 00:23:55,280 Speaker 2: He's getting his PhD in that, don't you know? He 390 00:23:55,400 --> 00:23:59,199 Speaker 2: basically hermetically sealed himself to go and commit this crime. 391 00:23:59,440 --> 00:24:02,320 Speaker 2: He have all people would know how to get rid 392 00:24:02,560 --> 00:24:06,160 Speaker 2: of evidence and as far as the DNA from other 393 00:24:06,240 --> 00:24:09,080 Speaker 2: males at the crime scene, depending on where it was, 394 00:24:09,880 --> 00:24:12,160 Speaker 2: they may have been people that were there a lot 395 00:24:12,320 --> 00:24:17,280 Speaker 2: for parties or friends or studying, who knows what. But Coburger, 396 00:24:17,359 --> 00:24:20,960 Speaker 2: to our knowledge, had never been there. So why is 397 00:24:21,000 --> 00:24:24,360 Speaker 2: his DNA there here? You attack whichever prong of that 398 00:24:24,400 --> 00:24:26,320 Speaker 2: you want, but jump in man, Well. 399 00:24:26,119 --> 00:24:29,040 Speaker 6: Absolutely, Nancy, I mean how many cases have you had, 400 00:24:29,520 --> 00:24:32,400 Speaker 6: you know where you you if you had this evidence? 401 00:24:32,440 --> 00:24:35,080 Speaker 6: I could only imagine how you would argue this in 402 00:24:35,119 --> 00:24:38,080 Speaker 6: front of the jury, because he's got to be in 403 00:24:38,160 --> 00:24:42,280 Speaker 6: a place thinking, and the defense knows it. They're they're 404 00:24:42,320 --> 00:24:45,480 Speaker 6: on the they're on the you know, attack here to 405 00:24:45,480 --> 00:24:49,560 Speaker 6: to somehow you know, paint this big picture of well, 406 00:24:49,600 --> 00:24:54,119 Speaker 6: there's nothing else you know, connecting him to that crime scene. 407 00:24:54,400 --> 00:24:55,040 Speaker 4: A I E. 408 00:24:55,200 --> 00:24:59,040 Speaker 6: Away from the crime scene. You know, his apartment, his car, 409 00:24:59,160 --> 00:25:04,080 Speaker 6: et cetera. What there is this huge you know, fifty 410 00:25:04,200 --> 00:25:07,760 Speaker 6: two point whatever it is octillion, you know this is 411 00:25:07,840 --> 00:25:10,359 Speaker 6: the guy got to go to another planet and find 412 00:25:10,440 --> 00:25:15,000 Speaker 6: him under one of these victims. So you know this 413 00:25:15,080 --> 00:25:18,160 Speaker 6: is this is just you know, they're doing their job, 414 00:25:18,200 --> 00:25:20,720 Speaker 6: The defense is doing their job. But I think it's 415 00:25:20,760 --> 00:25:24,119 Speaker 6: going to be a very high bar to overcome because 416 00:25:24,119 --> 00:25:26,520 Speaker 6: of the other evidence that's going to come supporting Well. 417 00:25:26,560 --> 00:25:28,600 Speaker 2: I've thought about this, and I hate to get give 418 00:25:28,640 --> 00:25:31,000 Speaker 2: the defense and the ideas, but it could have been 419 00:25:31,160 --> 00:25:34,120 Speaker 2: argue that he bought the knife at one of those 420 00:25:34,200 --> 00:25:36,919 Speaker 2: knife and gun shows, you know, where thousands of people 421 00:25:37,680 --> 00:25:40,359 Speaker 2: trooped through to either look at stuff, they don't have 422 00:25:40,400 --> 00:25:44,600 Speaker 2: to buy anything. What if they had touched this evidence 423 00:25:45,000 --> 00:25:47,880 Speaker 2: and then the knife was stolen. How do we even 424 00:25:47,920 --> 00:25:52,240 Speaker 2: know it was Coburger's knife? So what if Coburger can 425 00:25:52,359 --> 00:25:54,840 Speaker 2: argue I went to this knife and gun show, I 426 00:25:54,880 --> 00:25:57,399 Speaker 2: looked at a lot of knives and a lot of guns. 427 00:25:57,640 --> 00:26:00,960 Speaker 2: I didn't buy anything. That's where the knife came from. 428 00:26:01,280 --> 00:26:03,800 Speaker 2: The pert bought the knife after I touched it. I mean, 429 00:26:03,840 --> 00:26:06,080 Speaker 2: I know it's a stretch, but all you need is 430 00:26:06,119 --> 00:26:10,760 Speaker 2: one gerrr to hang the whole hang up the whole verdict. 431 00:26:10,600 --> 00:26:12,719 Speaker 6: Mag Donna, Well, you know, and the odds on that. 432 00:26:12,760 --> 00:26:15,600 Speaker 6: I'd like to see the odds on that, you know, 433 00:26:15,920 --> 00:26:19,040 Speaker 6: play out. But you are right, he could argue that. 434 00:26:19,200 --> 00:26:22,959 Speaker 6: But again it's a very difficult argument because now you 435 00:26:23,040 --> 00:26:26,040 Speaker 6: have to say that the universe is on schedule and 436 00:26:26,240 --> 00:26:30,520 Speaker 6: it somehow went from that knife show to underneath that 437 00:26:30,600 --> 00:26:34,120 Speaker 6: poor victim, and Brian just happened to be the guy 438 00:26:34,680 --> 00:26:37,159 Speaker 6: you know in the neighborhood twelve separate times through a 439 00:26:37,280 --> 00:26:40,080 Speaker 6: cell phone, you know technology. 440 00:26:39,200 --> 00:26:43,199 Speaker 2: Including the night of the murders, and had had to 441 00:26:43,240 --> 00:26:46,800 Speaker 2: try contact with some of the victims before that and 442 00:26:46,920 --> 00:26:49,560 Speaker 2: never heard back from them. I mean, just there's just 443 00:26:49,600 --> 00:26:53,199 Speaker 2: so much. It's all circumstantial. Though this DNA is the 444 00:26:53,280 --> 00:26:57,760 Speaker 2: strongest thing they've got. And now hold on, I think 445 00:26:57,800 --> 00:26:59,439 Speaker 2: I heard doctor Bethany trying to jump in. 446 00:26:59,480 --> 00:27:03,360 Speaker 5: Bethany, Well, I worry about jurors getting confused just hearing 447 00:27:03,480 --> 00:27:06,320 Speaker 5: one thing that they latch onto, and I think that's 448 00:27:06,320 --> 00:27:09,040 Speaker 5: what the defense is hoping for. You know, this is 449 00:27:09,040 --> 00:27:13,719 Speaker 5: a very sophisticated discussion we're all having, but we are 450 00:27:13,760 --> 00:27:16,800 Speaker 5: all human beings. Where one thing stands out and we 451 00:27:16,880 --> 00:27:19,879 Speaker 5: think about that one thing again and again. So there's 452 00:27:19,960 --> 00:27:22,880 Speaker 5: no DNA in the car or his home. There's no 453 00:27:23,000 --> 00:27:26,000 Speaker 5: DNA in the car or his home. That gets repeated 454 00:27:26,440 --> 00:27:31,119 Speaker 5: enough times. It's like what the public remembers about the 455 00:27:31,160 --> 00:27:35,800 Speaker 5: menentous case the father molested them, the father molested them 456 00:27:36,280 --> 00:27:39,240 Speaker 5: or O. J. Simpson if it's is you must have quit. 457 00:27:39,359 --> 00:27:44,720 Speaker 5: You know, there are these one sentences that become almost hypnotic, 458 00:27:45,440 --> 00:27:49,360 Speaker 5: mesmerizing if they get drummed into the brain of the 459 00:27:49,400 --> 00:27:52,840 Speaker 5: public and of the jurors. And so that's how I 460 00:27:52,880 --> 00:27:56,240 Speaker 5: think about this, that all this the scientific evidence is 461 00:27:56,359 --> 00:28:01,800 Speaker 5: one thing, but beliefs that can get inculcated in the 462 00:28:01,880 --> 00:28:04,080 Speaker 5: jurors or another, and that that may be what the 463 00:28:04,160 --> 00:28:05,280 Speaker 5: defense is hoping for. 464 00:28:05,440 --> 00:28:09,800 Speaker 2: Back to Alexia Petrovich, host from Live Now at Fox, 465 00:28:10,880 --> 00:28:13,360 Speaker 2: I was throwing out the knife and Gun show as 466 00:28:13,400 --> 00:28:17,560 Speaker 2: an example of some sort of argument the defense can make. 467 00:28:17,920 --> 00:28:23,639 Speaker 2: But we know that Brian Koberger bought akbar knife from 468 00:28:23,800 --> 00:28:29,320 Speaker 2: Amazon months before the stabbing of the Idaho students. Now 469 00:28:29,640 --> 00:28:32,880 Speaker 2: can we match the sheath up to the one he 470 00:28:32,960 --> 00:28:39,040 Speaker 2: bought on Amazon? Very likely? Alexia Petrovic, can you talk 471 00:28:39,080 --> 00:28:45,080 Speaker 2: about the kbar knife and knife sheath he bought from 472 00:28:45,120 --> 00:28:48,680 Speaker 2: Amazon seven months before the stabbings. 473 00:28:48,880 --> 00:28:51,560 Speaker 4: Well and Nancy, I think that's a huge point that 474 00:28:51,640 --> 00:28:54,040 Speaker 4: they're going to continue to bring up there. And also 475 00:28:54,120 --> 00:28:57,400 Speaker 4: the fact that, as was mentioned earlier, the DNA was 476 00:28:57,480 --> 00:29:00,560 Speaker 4: five point three seven of tillion times more more likely 477 00:29:00,920 --> 00:29:04,080 Speaker 4: to be coburgers on that night sheet than any other 478 00:29:04,240 --> 00:29:07,880 Speaker 4: random person from the general population. The defense can say 479 00:29:07,920 --> 00:29:10,080 Speaker 4: there was no evidence at his apartment, there was no 480 00:29:10,120 --> 00:29:12,600 Speaker 4: evidence in his car, but it doesn't take away from 481 00:29:12,600 --> 00:29:15,280 Speaker 4: the fact that it was at the crime scene and 482 00:29:15,840 --> 00:29:18,920 Speaker 4: in a place that was very difficult to discover under 483 00:29:18,960 --> 00:29:22,200 Speaker 4: one of the victim's bodies. The attorneys, though at this point, 484 00:29:22,320 --> 00:29:25,720 Speaker 4: are doing anything they can to try to cast doubt here. 485 00:29:25,800 --> 00:29:29,160 Speaker 4: They're talking about they don't understand how investigators have been 486 00:29:29,160 --> 00:29:32,400 Speaker 4: able to identify the suspect's car. But there were other 487 00:29:32,440 --> 00:29:35,080 Speaker 4: pieces of evidence even outside of the DNA too. There 488 00:29:35,120 --> 00:29:39,040 Speaker 4: was that cell phone data, There was surveillance video. There 489 00:29:39,160 --> 00:29:42,520 Speaker 4: was neighbor video that began circulating as well, where you 490 00:29:42,520 --> 00:29:45,200 Speaker 4: could hear some it was very difficult to listen to, 491 00:29:45,360 --> 00:29:50,040 Speaker 4: but voices very distantly in the background from the evening 492 00:29:50,080 --> 00:29:52,560 Speaker 4: that this happened, or the early morning that this happened. 493 00:29:52,560 --> 00:29:55,000 Speaker 4: So there are other pieces, but the DNA is definitely 494 00:29:55,000 --> 00:29:55,800 Speaker 4: the most compelling. 495 00:29:55,880 --> 00:29:59,560 Speaker 7: You're right, Nancy, jump in, Nancy, this is stock. This 496 00:29:59,640 --> 00:30:02,360 Speaker 7: is very to me. It's very analogous to the Alex 497 00:30:02,440 --> 00:30:06,720 Speaker 7: Murdoch case. There was a defense answer for everything. But 498 00:30:06,880 --> 00:30:09,440 Speaker 7: in law enforcement we have the saying that we look 499 00:30:09,480 --> 00:30:13,600 Speaker 7: at the totality of circumstances, and when we look at everything, 500 00:30:14,080 --> 00:30:17,560 Speaker 7: the electronic data, the DNA, he bought the k Bar 501 00:30:17,640 --> 00:30:21,920 Speaker 7: knife akbar knife earlier. When we put everything together, I'm 502 00:30:21,960 --> 00:30:24,120 Speaker 7: hoping that it's going to be very much like the 503 00:30:24,200 --> 00:30:27,200 Speaker 7: murder case, that the jury is going to be able 504 00:30:27,200 --> 00:30:30,120 Speaker 7: to see that, yes, it's circumstantial, but this is just 505 00:30:30,360 --> 00:30:32,320 Speaker 7: way too many coincidences. 506 00:30:32,480 --> 00:30:39,240 Speaker 2: The model k bar sounds familiar to many legal eagles 507 00:30:39,240 --> 00:30:44,000 Speaker 2: following this case. It was a specific k bar sheath 508 00:30:44,240 --> 00:30:49,480 Speaker 2: left behind at the scene that contained Coburger's DNA on it, 509 00:30:50,200 --> 00:30:55,520 Speaker 2: and we now know that law enforcement has obtained a 510 00:30:55,680 --> 00:31:00,560 Speaker 2: record of Coburger purchasing the most crucial piece of evidence 511 00:31:00,640 --> 00:31:07,560 Speaker 2: so far, a Kbar knife and sheath from Amazon. Now, 512 00:31:07,560 --> 00:31:14,960 Speaker 2: how likely is it that another exact sheath was found 513 00:31:16,040 --> 00:31:19,160 Speaker 2: at the scene other than the one he purchased. But 514 00:31:19,480 --> 00:31:26,760 Speaker 2: are we now facing the horrible possibility that we are 515 00:31:26,960 --> 00:31:31,719 Speaker 2: losing any other DNA evidence. Take a listen to our 516 00:31:31,800 --> 00:31:35,920 Speaker 2: cut five, one, eight our friends at crimeonline dot com. 517 00:31:35,960 --> 00:31:38,880 Speaker 11: The home where four University of Idaho students were murdered 518 00:31:38,920 --> 00:31:41,920 Speaker 11: has cleaning crews again on site. On Tuesday this week, 519 00:31:41,960 --> 00:31:44,120 Speaker 11: a large truck was seen at the three story home. 520 00:31:44,400 --> 00:31:46,680 Speaker 11: The home now belongs to the University of Idaho. It 521 00:31:46,720 --> 00:31:49,280 Speaker 11: was gifted to the university by the owner. It is 522 00:31:49,280 --> 00:31:52,280 Speaker 11: slated to be demolished sometime this summer. The cleaning company 523 00:31:52,360 --> 00:31:54,960 Speaker 11: is removing all the items inside the home to return 524 00:31:55,040 --> 00:31:58,080 Speaker 11: to the victims' family members ahead of a demolition. No 525 00:31:58,200 --> 00:32:00,920 Speaker 11: timetable has been said yet, but the process may take 526 00:32:01,000 --> 00:32:01,719 Speaker 11: several weeks. 527 00:32:15,240 --> 00:32:19,320 Speaker 1: Crime Stories with Nancy Grace to you, Chris McDonald. 528 00:32:19,400 --> 00:32:22,720 Speaker 2: You have processed a lot of crime scenes, as have you, 529 00:32:22,960 --> 00:32:27,200 Speaker 2: Doctor d Pray. What if anything, does this mean professional 530 00:32:27,200 --> 00:32:31,360 Speaker 2: cleaners back at the scene. If there was any DNA 531 00:32:31,400 --> 00:32:33,440 Speaker 2: that hasn't been found already, it's gone. 532 00:32:33,600 --> 00:32:36,200 Speaker 6: Yeah, you know, you know, Nancy, I think that is 533 00:32:36,240 --> 00:32:40,640 Speaker 6: a mistake, just my personal opinion that that's this is 534 00:32:40,680 --> 00:32:43,880 Speaker 6: such a high profile case, and you can already see 535 00:32:44,280 --> 00:32:46,440 Speaker 6: the motions you know, going here. 536 00:32:47,160 --> 00:32:47,760 Speaker 7: I think it. 537 00:32:47,680 --> 00:32:50,280 Speaker 6: Would be wise for the prosecution just to hold this 538 00:32:50,400 --> 00:32:54,560 Speaker 6: scene because they're in there cleaning any biohazard, you know, 539 00:32:54,760 --> 00:32:57,120 Speaker 6: such as blood or you know, any other fluids to 540 00:32:57,160 --> 00:33:01,400 Speaker 6: your point that could potentially uh, if they had missed it, 541 00:33:02,120 --> 00:33:05,920 Speaker 6: there could be something more in there. But more importantly, 542 00:33:06,440 --> 00:33:09,520 Speaker 6: I think you made the point a while ago about 543 00:33:10,320 --> 00:33:12,800 Speaker 6: having the jury come down and look at that, because 544 00:33:13,040 --> 00:33:15,160 Speaker 6: you look how powerful it was in the Ernock case. 545 00:33:15,240 --> 00:33:18,640 Speaker 6: From what doctor Dupre just said, I think this is 546 00:33:18,680 --> 00:33:20,800 Speaker 6: going to be as powerful, and to tear it down, 547 00:33:21,880 --> 00:33:23,600 Speaker 6: in my opinion, I think is a mistake. 548 00:33:23,680 --> 00:33:26,400 Speaker 7: I agree, I agree, but I think that it's probably 549 00:33:26,480 --> 00:33:29,680 Speaker 7: already contaminated. That's why the defense would argue. 550 00:33:29,440 --> 00:33:33,000 Speaker 2: Well contaminated, Yes, But what about the possibility of a 551 00:33:33,120 --> 00:33:34,719 Speaker 2: jury visiting the crime scene? 552 00:33:34,880 --> 00:33:37,040 Speaker 7: Absolutely, I think that would be priceless. 553 00:33:37,080 --> 00:33:38,960 Speaker 2: I think for the state. I think it would benefit 554 00:33:39,000 --> 00:33:42,600 Speaker 2: the state. Guys. Not only that we're learning of another 555 00:33:42,760 --> 00:33:46,400 Speaker 2: attack by the defense on the DNA evidence. Take a 556 00:33:46,400 --> 00:33:50,640 Speaker 2: listen to our cup five zero six our friends at today. 557 00:33:50,840 --> 00:33:53,760 Speaker 9: In new court documents, Coberger's attorney accusing the State of 558 00:33:53,840 --> 00:33:57,560 Speaker 9: hiding its entire case by seeking to protect information about 559 00:33:57,560 --> 00:34:01,480 Speaker 9: the genetic genealogy investigation you say led them to Coburger. 560 00:34:01,680 --> 00:34:04,160 Speaker 10: The state here is using a relatively new kind of 561 00:34:04,280 --> 00:34:07,440 Speaker 10: DNA technology. So this is exactly the kind of thing 562 00:34:07,480 --> 00:34:10,640 Speaker 10: the defense will argue that they need because if this 563 00:34:10,719 --> 00:34:13,919 Speaker 10: is emerging technology, they need all the facts they can 564 00:34:14,040 --> 00:34:15,200 Speaker 10: if they're going to challenge. 565 00:34:15,480 --> 00:34:22,799 Speaker 2: Okay, straight back out to Alexia Petrovich. Alexia, describe the 566 00:34:23,040 --> 00:34:28,960 Speaker 2: defense motion, Well, give me details regarding their claim that 567 00:34:29,040 --> 00:34:36,439 Speaker 2: the state is improperly shielding genealogical family tree members from 568 00:34:36,480 --> 00:34:43,680 Speaker 2: their purview. Also, I'm very, very curious that the defense 569 00:34:43,760 --> 00:34:48,200 Speaker 2: is also attacking the actual DNA technology that was used, 570 00:34:48,200 --> 00:34:51,960 Speaker 2: because I don't think it's that new. It's been used 571 00:34:52,000 --> 00:34:54,680 Speaker 2: in many, many other cases. But let's first start with 572 00:34:54,800 --> 00:34:59,880 Speaker 2: protecting the genealogical members of Coburger's family tree. Explain what 573 00:35:00,000 --> 00:35:00,520 Speaker 2: what's happening. 574 00:35:00,640 --> 00:35:04,200 Speaker 4: So initially the DNA that they had gathered was from 575 00:35:04,600 --> 00:35:09,520 Speaker 4: his family home and expected it to Coburger's father in this. 576 00:35:09,719 --> 00:35:12,640 Speaker 4: But then most recently we learned that police had used 577 00:35:12,719 --> 00:35:17,160 Speaker 4: some of this relatively new and of full genetic genealogy, 578 00:35:17,760 --> 00:35:20,480 Speaker 4: and the FBI also looked into it and were able 579 00:35:20,600 --> 00:35:26,200 Speaker 4: to determine that it was a statistical match to Coburger from. 580 00:35:25,920 --> 00:35:26,840 Speaker 2: A cheek swap. 581 00:35:27,000 --> 00:35:29,759 Speaker 4: So now the defense is saying, well, you can't do 582 00:35:29,880 --> 00:35:32,280 Speaker 4: that legally, you're not allowed to do that. You're withholding 583 00:35:32,320 --> 00:35:34,839 Speaker 4: a lot of evidence in addition to that, and they 584 00:35:34,920 --> 00:35:37,560 Speaker 4: keep going back to this point of we don't know 585 00:35:37,600 --> 00:35:41,120 Speaker 4: why they initially focused this investigation on Coborger because of 586 00:35:41,160 --> 00:35:44,440 Speaker 4: their claims that they didn't have evidence that was tied 587 00:35:44,480 --> 00:35:47,719 Speaker 4: to the nicktims at Coburger's home, or in his car, 588 00:35:47,920 --> 00:35:51,239 Speaker 4: or in his office. So they're continuing to argue that 589 00:35:51,560 --> 00:35:56,000 Speaker 4: they shouldn't even be allowed to use these websites that 590 00:35:56,200 --> 00:36:00,879 Speaker 4: can connect Coburger in his DNA to these and then 591 00:36:00,960 --> 00:36:04,600 Speaker 4: going back even further to their initial argument of you 592 00:36:04,640 --> 00:36:08,359 Speaker 4: don't even have information to explain to us of why 593 00:36:08,440 --> 00:36:11,280 Speaker 4: Coburg was your prime suspect when you didn't look into 594 00:36:11,800 --> 00:36:12,400 Speaker 4: other people. 595 00:36:12,560 --> 00:36:15,040 Speaker 2: So this is a two pronged attack that we're talking 596 00:36:15,040 --> 00:36:17,799 Speaker 2: about right now. In the Coburger DNA. First of all, 597 00:36:17,800 --> 00:36:20,680 Speaker 2: they're going to claim, well, somebody else's DNA has been 598 00:36:20,680 --> 00:36:24,960 Speaker 2: found on the scene, so you can't really say the 599 00:36:25,040 --> 00:36:27,759 Speaker 2: killer's Coburger. That's the first attack, then they're going to 600 00:36:27,800 --> 00:36:31,680 Speaker 2: say you didn't investigate the other males whose DNA was 601 00:36:31,719 --> 00:36:36,520 Speaker 2: found around the house, for one on a glove outside 602 00:36:36,560 --> 00:36:40,040 Speaker 2: the house, which we think may have been like an 603 00:36:40,120 --> 00:36:44,400 Speaker 2: outdoor mitten. Those are two attacks on the DNA. The 604 00:36:44,520 --> 00:36:47,120 Speaker 2: third attack on the DNA is that the state is 605 00:36:47,120 --> 00:36:52,000 Speaker 2: withholding members of Coburger's distant family tree that were used 606 00:36:52,120 --> 00:36:58,160 Speaker 2: in the genetic genealogy match to Coburger. The fourth argument 607 00:36:58,360 --> 00:37:02,799 Speaker 2: is that emerging technol was used. That has not been accepted. 608 00:37:03,200 --> 00:37:06,120 Speaker 2: That same argument was used for DNA to start with. 609 00:37:06,400 --> 00:37:11,200 Speaker 2: It was used for fingerprints, it was used for tire casts, 610 00:37:11,560 --> 00:37:14,680 Speaker 2: it was used for voice identification. Hey, that's too new, 611 00:37:14,760 --> 00:37:17,600 Speaker 2: we can't do that. Well, that's all BS. You can 612 00:37:17,800 --> 00:37:24,280 Speaker 2: use it. And the particular DNA technology that was used, 613 00:37:24,360 --> 00:37:28,880 Speaker 2: in my mind, is not that new. It's been used 614 00:37:29,000 --> 00:37:34,560 Speaker 2: many many times before. It's called S t R st 615 00:37:35,440 --> 00:37:39,919 Speaker 2: R analysis, and it's been used over and over. As 616 00:37:39,960 --> 00:37:44,879 Speaker 2: far as the genetic genealogy argument, that's been used over 617 00:37:44,920 --> 00:37:49,080 Speaker 2: and over and has been upheld by appellate courts, let 618 00:37:49,120 --> 00:37:52,520 Speaker 2: me point out the Golden State killer Joseph DiAngelo, that 619 00:37:52,719 --> 00:37:55,839 Speaker 2: was one of the first times genetic genealogy had been 620 00:37:55,960 --> 00:38:01,759 Speaker 2: used to identify the defendant. The reaction is, I'm not 621 00:38:01,840 --> 00:38:03,600 Speaker 2: quite sure how to say this. Let me go to 622 00:38:03,840 --> 00:38:11,880 Speaker 2: Tara Mallick that this is Coburger's DNA. So regardless of 623 00:38:12,120 --> 00:38:19,000 Speaker 2: the specific type of test used to identify it, it's 624 00:38:19,040 --> 00:38:23,200 Speaker 2: his DNA one way or the other. Whether it was 625 00:38:23,440 --> 00:38:27,680 Speaker 2: a direct let's just say, mitochondrial match through his mother 626 00:38:28,040 --> 00:38:31,960 Speaker 2: that's accepted in court, or a direct match regarding his father, 627 00:38:32,000 --> 00:38:35,640 Speaker 2: which we know there was, whether they use genetic genealogy 628 00:38:35,800 --> 00:38:38,640 Speaker 2: or not, it's his DNA. They're not going to win 629 00:38:38,719 --> 00:38:39,680 Speaker 2: on this, Tara. 630 00:38:39,760 --> 00:38:40,440 Speaker 6: No, they're not. 631 00:38:40,680 --> 00:38:45,120 Speaker 8: And I like to call this the armwavy defense strategy. 632 00:38:45,200 --> 00:38:47,680 Speaker 8: It's like if I wave my arms hard enough and 633 00:38:47,800 --> 00:38:50,360 Speaker 8: jump up and down, then maybe everyone will be distracted 634 00:38:50,400 --> 00:38:53,960 Speaker 8: and think about something else. And it is his DNA 635 00:38:54,000 --> 00:38:56,239 Speaker 8: at the end of the day, Nancy or exactly right. 636 00:38:56,320 --> 00:38:59,839 Speaker 8: So they can sit there and, you know, throw all 637 00:38:59,880 --> 00:39:04,120 Speaker 8: these questions out about this new technology and how was 638 00:39:04,160 --> 00:39:07,480 Speaker 8: it that they actually got this information. But it doesn't 639 00:39:07,600 --> 00:39:10,880 Speaker 8: change the outcome. The outcome remains the same, And I 640 00:39:10,920 --> 00:39:14,879 Speaker 8: think the prosecution's job in this type of scenario is 641 00:39:14,960 --> 00:39:18,719 Speaker 8: to refocus the jury because the danger is that the 642 00:39:18,840 --> 00:39:22,239 Speaker 8: jury is going to focus on one of those you know, 643 00:39:22,400 --> 00:39:25,080 Speaker 8: kind of feed bumps of the defense is thrown out 644 00:39:25,120 --> 00:39:28,520 Speaker 8: and say, hmm, maybe that does cause me, you know, 645 00:39:28,719 --> 00:39:31,960 Speaker 8: to think that there's reasonable doubt here. And so even 646 00:39:32,040 --> 00:39:34,560 Speaker 8: though I think that it's a red herring, I think 647 00:39:34,560 --> 00:39:37,080 Speaker 8: you're exactly right. I think that you know, the DNA 648 00:39:37,280 --> 00:39:40,080 Speaker 8: is the DNA. It's his, no one else's, it's his. 649 00:39:41,800 --> 00:39:45,400 Speaker 8: The the you know, the real risk here is, like 650 00:39:45,560 --> 00:39:48,600 Speaker 8: was mentioned before, confusing the jury to the point and 651 00:39:48,640 --> 00:39:51,880 Speaker 8: making them hesitate because the state has a really high burden. 652 00:39:51,920 --> 00:39:54,520 Speaker 8: It's got to prove this case beyond a reasonable doubt, 653 00:39:54,560 --> 00:39:57,440 Speaker 8: which is not all doubt. But you know, if the 654 00:39:57,440 --> 00:40:00,719 Speaker 8: defense can create reasonable doubts, they yeah. 655 00:40:00,719 --> 00:40:02,640 Speaker 2: And I think that's kind of what happened in the 656 00:40:02,640 --> 00:40:05,600 Speaker 2: top Mom Casey Anthony case. I think the jury got 657 00:40:05,640 --> 00:40:09,359 Speaker 2: mired down in the air sample evidence and some of 658 00:40:09,400 --> 00:40:13,759 Speaker 2: the medical examiner evidence because it was just very confusing 659 00:40:14,600 --> 00:40:16,839 Speaker 2: when it could have been stated in very simple terms. 660 00:40:16,840 --> 00:40:20,480 Speaker 2: But I want to remind everyone of a DNA issue 661 00:40:20,600 --> 00:40:24,160 Speaker 2: in this case. The defense is now claiming that the 662 00:40:24,239 --> 00:40:29,520 Speaker 2: genetic genealogy info has been hidden from them, but there 663 00:40:29,520 --> 00:40:34,440 Speaker 2: were two DNA tests in this case. Remember when Coburger 664 00:40:34,520 --> 00:40:39,239 Speaker 2: was followed to his parents' home for Thanksgiving break and 665 00:40:39,320 --> 00:40:44,399 Speaker 2: the state waited and cops got abandoned trash and they 666 00:40:44,400 --> 00:40:48,200 Speaker 2: got a DNA sample from his father and they matched 667 00:40:48,400 --> 00:40:51,400 Speaker 2: that to the DNA on the knife sheath found under 668 00:40:51,560 --> 00:40:56,080 Speaker 2: a murder victim, and that DNA showed that the only 669 00:40:56,400 --> 00:41:02,120 Speaker 2: possible donor of the knife sheath the DNA had to 670 00:41:02,120 --> 00:41:08,200 Speaker 2: be the biological son of Coburger's father. Coburger's father only 671 00:41:08,280 --> 00:41:12,879 Speaker 2: has one bio son, and that's Brian Coburger. After they 672 00:41:12,880 --> 00:41:17,720 Speaker 2: got that match, they went back and did the SDR 673 00:41:17,880 --> 00:41:22,600 Speaker 2: DNA test. They backtracked and then did genetic genealogy with 674 00:41:22,680 --> 00:41:26,040 Speaker 2: a family tree, and that is how they came up 675 00:41:26,080 --> 00:41:32,160 Speaker 2: with the one N five point three seven Octillian match. 676 00:41:33,640 --> 00:41:39,440 Speaker 2: So there's two DNA matches to Coburger. There's so much 677 00:41:39,560 --> 00:41:43,560 Speaker 2: else happening in the Coburger case, but we'll save that 678 00:41:44,040 --> 00:41:46,560 Speaker 2: for another day. Goodbye friend,