1 00:00:00,920 --> 00:00:02,920 Speaker 1: Crime Stories with Nancy Greece. 2 00:00:07,560 --> 00:00:13,319 Speaker 2: Breaking you tonight, PhD student turned to murder suspect Brian Coberger. 3 00:00:13,119 --> 00:00:14,960 Speaker 1: Files his alibi. 4 00:00:15,600 --> 00:00:20,040 Speaker 2: He claims with a straight face, he was out stargazing. 5 00:00:20,400 --> 00:00:23,880 Speaker 1: Quote out driving to see the moon. 6 00:00:24,120 --> 00:00:29,720 Speaker 2: And the stars on the night for Beautiful University, Idaho students. 7 00:00:29,560 --> 00:00:32,440 Speaker 1: Butcher dead in their own beds. 8 00:00:33,120 --> 00:00:36,479 Speaker 2: This as the state is forced to admit in open 9 00:00:36,560 --> 00:00:42,720 Speaker 2: court there was no stalking. Repeat, Coburger did not stalk 10 00:00:42,960 --> 00:00:47,199 Speaker 2: any of the four murder victims. Now will the defense 11 00:00:47,280 --> 00:00:53,840 Speaker 2: claim a lah, Johnny Cochrane, no stalking, no motive, no murder. 12 00:00:54,560 --> 00:00:59,120 Speaker 2: I say, no way, good evening. I'm Nancy Grace. This 13 00:00:59,240 --> 00:01:01,840 Speaker 2: is crime story. I want to thank you for being 14 00:01:01,880 --> 00:01:02,400 Speaker 2: with us. 15 00:01:02,760 --> 00:01:05,520 Speaker 3: On the evening of November twelfth and into the early 16 00:01:05,560 --> 00:01:11,000 Speaker 3: morning hours of November thirteenth, Kaylee and Madison arrived home 17 00:01:11,040 --> 00:01:14,679 Speaker 3: at approximately one forty five am after visiting a local 18 00:01:14,720 --> 00:01:18,959 Speaker 3: bar and a street food vendor. Ethan and Xana were 19 00:01:19,000 --> 00:01:22,880 Speaker 3: also out in the community as Sigma Chai, and they 20 00:01:22,959 --> 00:01:27,520 Speaker 3: arrived home at approximately one forty five am. Two surviving 21 00:01:27,600 --> 00:01:30,920 Speaker 3: roommates who were also at in the community arrived home 22 00:01:30,959 --> 00:01:36,320 Speaker 3: at approximately one am. Later on the morning of November thirteenth, 23 00:01:36,720 --> 00:01:40,559 Speaker 3: at eleven fifty eight am, a nine on one call 24 00:01:40,680 --> 00:01:45,760 Speaker 3: was placed. The call reported an unconscious person. The call 25 00:01:45,800 --> 00:01:50,000 Speaker 3: originated from inside the residence and a surviving roommate's cell 26 00:01:50,040 --> 00:01:53,560 Speaker 3: phone was used. During that call, the dispatcher spoke to 27 00:01:53,680 --> 00:02:00,160 Speaker 3: multiple people who were unseen. Moscow police officers responded and 28 00:02:00,200 --> 00:02:03,600 Speaker 3: found two victims, two on the second floor and two 29 00:02:03,600 --> 00:02:06,320 Speaker 3: on the third floor of eleven twenty two King Road. 30 00:02:07,840 --> 00:02:11,040 Speaker 3: The results of autopsies indicated that the four were stabbed 31 00:02:11,120 --> 00:02:15,760 Speaker 3: multiple times and were likely asleep during the attack. Some 32 00:02:15,840 --> 00:02:20,280 Speaker 3: had defensive wounds, and there was no sign of sexual assault. 33 00:02:20,360 --> 00:02:24,480 Speaker 2: You are hearing Police Captain Roger Lanier there in Moscow 34 00:02:24,919 --> 00:02:29,000 Speaker 2: detailing what happened the morning the murders were reported to 35 00:02:29,080 --> 00:02:32,560 Speaker 2: nine to one one in the last hours Bobshell. In 36 00:02:32,639 --> 00:02:39,040 Speaker 2: the courtroom, Ryan Coberger announced this his formal alibi, that 37 00:02:39,160 --> 00:02:44,000 Speaker 2: he was quote out watching the moon and the stars 38 00:02:44,960 --> 00:02:45,799 Speaker 2: around three. 39 00:02:45,639 --> 00:02:51,520 Speaker 1: To four a m. The night of the murders. Hold 40 00:02:51,520 --> 00:02:55,680 Speaker 1: that thought also in the middle of all of this, 41 00:02:55,880 --> 00:02:58,360 Speaker 1: let me throw this in the pot to stew. 42 00:02:58,960 --> 00:03:03,320 Speaker 2: We are now learning, contrary to many earlier reports. 43 00:03:03,280 --> 00:03:06,720 Speaker 1: That there there was no stalking. 44 00:03:07,040 --> 00:03:13,680 Speaker 2: Brian Coberger reportedly stalked no one. This is a torpedo 45 00:03:14,080 --> 00:03:15,200 Speaker 2: to the States case. 46 00:03:15,320 --> 00:03:18,600 Speaker 4: Listen, Brian Coberger tried to message one of the female 47 00:03:18,680 --> 00:03:22,839 Speaker 4: victims of the Idaho murders. That's reportedly what an unidentified 48 00:03:22,880 --> 00:03:27,320 Speaker 4: police source told People Magazine. The source said, weeks before 49 00:03:27,360 --> 00:03:30,960 Speaker 4: the murder's direct messages were repeatedly sent to one of 50 00:03:31,000 --> 00:03:35,320 Speaker 4: the women over Instagram. The source said there was no reply. 51 00:03:36,120 --> 00:03:38,960 Speaker 4: Reports early on from an anonymous source revealed that there 52 00:03:38,960 --> 00:03:41,400 Speaker 4: were pictures of at least one of the victims in 53 00:03:41,440 --> 00:03:45,880 Speaker 4: Brian Coberger's photo role. Steve and Christy Gonsolves also shared 54 00:03:45,920 --> 00:03:50,840 Speaker 4: screenshots with CBS News purportedly showing an Instagram account belonging 55 00:03:50,880 --> 00:03:55,080 Speaker 4: to Brian Coberger and it had interacted with and followed 56 00:03:55,160 --> 00:03:58,720 Speaker 4: Matty Mogen and Kaylee Gonsolves on the social media platform. 57 00:03:59,280 --> 00:04:03,800 Speaker 4: Christy Alis said that Coburger had liked pictures on Matty 58 00:04:03,840 --> 00:04:08,120 Speaker 4: Mogan's account. The account that Gonzalvez referred to was not 59 00:04:08,240 --> 00:04:12,880 Speaker 4: authenticated as belonging to Coberger, then who wasn't. 60 00:04:13,280 --> 00:04:18,680 Speaker 2: Well, that's what we've been told all along, right, all wrong. 61 00:04:19,480 --> 00:04:22,240 Speaker 2: There was a serious blow up in court. 62 00:04:22,360 --> 00:04:26,960 Speaker 1: Listen, you acknowled with false the Michilber allegend. 63 00:04:26,520 --> 00:04:28,240 Speaker 5: We saw one of the victims. That's false. 64 00:04:28,279 --> 00:04:31,480 Speaker 6: You know that, people, which one did missus Coberger allegend 65 00:04:31,560 --> 00:04:32,400 Speaker 6: we stalked. 66 00:04:32,040 --> 00:04:34,080 Speaker 5: One of the victims. I was trying not to say that. 67 00:04:34,080 --> 00:04:37,760 Speaker 7: Because you knew you knew that was false. 68 00:04:38,480 --> 00:04:39,080 Speaker 5: I did it. 69 00:04:39,200 --> 00:04:41,880 Speaker 6: Yes, and so you now, for anybody who had never 70 00:04:41,920 --> 00:04:45,080 Speaker 6: heard that before, that question is now planged in to 71 00:04:45,200 --> 00:04:50,799 Speaker 6: them unqualified representation that mister Coberger stalked one of the witnesses. 72 00:04:50,360 --> 00:04:54,240 Speaker 5: And that's false, that's false. Yes, yes, okay, thank you, 73 00:04:54,400 --> 00:04:54,760 Speaker 5: thank you. 74 00:04:54,800 --> 00:05:01,320 Speaker 2: Okay, what in the world you are hearing the prosecutor 75 00:05:01,760 --> 00:05:07,520 Speaker 2: that is Bill Thompson the lot of County prosecutor dreaming 76 00:05:07,880 --> 00:05:13,240 Speaker 2: technical legal term doctor Edelman for the defense, and the 77 00:05:13,279 --> 00:05:18,159 Speaker 2: prosecutor is grilling him on claims that he made two 78 00:05:18,440 --> 00:05:24,800 Speaker 2: potential jurrrs about stalking in this case. Joining me an 79 00:05:24,800 --> 00:05:28,120 Speaker 2: all star panel to make sense of everything that's going 80 00:05:28,200 --> 00:05:31,960 Speaker 2: on in that courtroom, and there is a lot. But 81 00:05:32,080 --> 00:05:36,960 Speaker 2: first to Kaitlin Hornick, joining us editor at the US Sun. Caitlin, 82 00:05:37,040 --> 00:05:39,080 Speaker 2: thank you for being with us. I'm going to get 83 00:05:39,120 --> 00:05:41,440 Speaker 2: to the moon of the stars, all right. I've already 84 00:05:41,560 --> 00:05:45,560 Speaker 2: researched the whole thing on the Farmer's Almanac, Caitlin, what 85 00:05:45,720 --> 00:05:46,839 Speaker 2: is this about? 86 00:05:47,080 --> 00:05:51,240 Speaker 1: No stalking? Are we losing motive for murder? 87 00:05:51,279 --> 00:05:52,960 Speaker 8: You know, Nancy, I think there are a lot of 88 00:05:52,960 --> 00:05:56,880 Speaker 8: things still at play that this jury ultimately will have 89 00:05:56,920 --> 00:05:59,880 Speaker 8: to uncover. The thing that's really sticking out to me 90 00:06:00,400 --> 00:06:03,320 Speaker 8: is the you know, the back and forth with the stalking. 91 00:06:03,800 --> 00:06:06,040 Speaker 8: I don't know how you can go from saying that 92 00:06:06,560 --> 00:06:09,000 Speaker 8: there were these messages exchanged on Instagram and that the 93 00:06:09,000 --> 00:06:11,080 Speaker 8: photos on the camera roll to saying, oh no, wait, 94 00:06:11,240 --> 00:06:14,120 Speaker 8: that's that's not true, that's actually not true. 95 00:06:14,240 --> 00:06:14,440 Speaker 7: You know. 96 00:06:14,480 --> 00:06:17,000 Speaker 8: I think there are a lot of things that the 97 00:06:17,040 --> 00:06:21,000 Speaker 8: prosecutors need to be honest about and that they need 98 00:06:21,040 --> 00:06:26,279 Speaker 8: to lay out in plain terms facts about what actually 99 00:06:26,320 --> 00:06:31,359 Speaker 8: went on. Personally, I think the fact that his that 100 00:06:31,440 --> 00:06:37,440 Speaker 8: Coburger's prosecutors doubled down on his alibi is equal parts 101 00:06:37,560 --> 00:06:43,080 Speaker 8: shocking and you know, just kind of crazy when you 102 00:06:43,080 --> 00:06:43,680 Speaker 8: think about it. 103 00:06:43,760 --> 00:06:46,599 Speaker 2: Yeah, I'm thinking about that whole watching the Moon and 104 00:06:46,760 --> 00:06:49,760 Speaker 2: Stars aspect of this. Let me go to high profile 105 00:06:49,920 --> 00:06:55,040 Speaker 2: lawyer joining us from this jurisdiction, Tara Malik, partner at 106 00:06:55,200 --> 00:06:59,280 Speaker 2: Smith and Malik and former state and federal prosecutor Tara, 107 00:06:59,360 --> 00:07:02,240 Speaker 2: thank you for being with us. Do you remember, of 108 00:07:02,279 --> 00:07:05,240 Speaker 2: course you do the famous if it doesn't fit. 109 00:07:05,200 --> 00:07:06,200 Speaker 1: You must acquit. 110 00:07:06,920 --> 00:07:09,640 Speaker 2: Well, I feel like I'm getting bit in the neck 111 00:07:09,680 --> 00:07:13,760 Speaker 2: with this thing. But all along we have heard police 112 00:07:14,240 --> 00:07:16,680 Speaker 2: stating we don't have evidence of stalking. 113 00:07:16,720 --> 00:07:18,520 Speaker 1: We've heard that from the get go. 114 00:07:18,880 --> 00:07:24,680 Speaker 2: But yet we've seen screens and heard evidence that there 115 00:07:24,960 --> 00:07:29,280 Speaker 2: was stalking by Coburger on at least one of the victims, 116 00:07:29,280 --> 00:07:31,680 Speaker 2: if not more. So are we going to have a 117 00:07:31,760 --> 00:07:37,360 Speaker 2: Johnny cochrane asque defense, no stalking, no murder, no motive. 118 00:07:37,600 --> 00:07:42,120 Speaker 9: Yeah, I mean, it certainly doesn't help the States case. 119 00:07:42,320 --> 00:07:44,720 Speaker 9: Motive is not something that they have to prove. It's 120 00:07:44,720 --> 00:07:48,280 Speaker 9: not like, you know, an element of the charges. But 121 00:07:48,520 --> 00:07:52,040 Speaker 9: what it does is explain the why behind the crimes, 122 00:07:52,080 --> 00:07:55,720 Speaker 9: and jurors always want to know why why did this happen? 123 00:07:56,120 --> 00:07:59,280 Speaker 9: And so it's going to be really critical for the 124 00:07:59,360 --> 00:08:05,200 Speaker 9: prosecute to have a well articulated motive for this, because 125 00:08:05,240 --> 00:08:07,640 Speaker 9: otherwise defense is going to come in and start tearing 126 00:08:07,640 --> 00:08:11,640 Speaker 9: it apart and saying absolutely what you said, no stalking, 127 00:08:11,800 --> 00:08:13,800 Speaker 9: no murder here, guys. 128 00:08:13,840 --> 00:08:16,560 Speaker 1: As a matter of fact, it goes way back. Take 129 00:08:16,600 --> 00:08:19,520 Speaker 1: a listen to Police Captain Roger Lanier. 130 00:08:19,720 --> 00:08:23,120 Speaker 3: We've heard mention that Kaylee stated she may have had 131 00:08:23,160 --> 00:08:27,160 Speaker 3: a stalker. Detectives have been looking into that and to 132 00:08:27,240 --> 00:08:30,440 Speaker 3: this point have been unable to corroborate the statement. Although 133 00:08:30,480 --> 00:08:34,360 Speaker 3: we continue to seek information and tips regarding that report. 134 00:08:35,760 --> 00:08:40,000 Speaker 3: No suspects have been named or arrested, and we continue 135 00:08:40,040 --> 00:08:42,520 Speaker 3: looking for what we will leave to be a fixed 136 00:08:42,600 --> 00:08:44,920 Speaker 3: blade knife used in the murders. 137 00:08:45,480 --> 00:08:49,400 Speaker 2: That knife never found, and neither has there been found 138 00:08:49,720 --> 00:08:51,000 Speaker 2: evidence of stalking. 139 00:08:51,160 --> 00:08:51,520 Speaker 1: Again. 140 00:08:51,679 --> 00:08:54,880 Speaker 2: I can hear it ringing in my ears right now. 141 00:08:55,480 --> 00:09:00,120 Speaker 2: No motive, no murder joining me is I said an 142 00:09:00,160 --> 00:09:03,200 Speaker 2: All Star panel to Chris mcdunna, joining US director Cold 143 00:09:03,200 --> 00:09:09,080 Speaker 2: Case Foundation, former homicide detective on the Interview. 144 00:09:08,440 --> 00:09:09,360 Speaker 1: Room on YouTube. 145 00:09:09,400 --> 00:09:12,920 Speaker 2: Chris mcdonna, of course, the state, as you know from 146 00:09:12,920 --> 00:09:17,400 Speaker 2: handling so many homicides, never has to prove motive. But 147 00:09:18,240 --> 00:09:22,280 Speaker 2: in many people's minds, there should be a motive presented 148 00:09:22,320 --> 00:09:25,160 Speaker 2: to a jury, because how could a jury believe that 149 00:09:25,280 --> 00:09:29,000 Speaker 2: someone that doesn't know these four victims would just randomly 150 00:09:29,360 --> 00:09:32,120 Speaker 2: choose them and murder them to quote, see. 151 00:09:31,920 --> 00:09:33,720 Speaker 1: What it feels like. That's going to be a. 152 00:09:33,640 --> 00:09:37,360 Speaker 2: Tough sell, especially now that we find out the state 153 00:09:37,400 --> 00:09:41,319 Speaker 2: has also learned. The defense is bringing on cell phone 154 00:09:41,440 --> 00:09:46,679 Speaker 2: and radio frequency data to refute claims Coburger was in 155 00:09:46,720 --> 00:09:50,080 Speaker 2: the area of the murders at the time of the murders. 156 00:09:50,320 --> 00:09:54,240 Speaker 2: The state is getting torpedoed left and right. Now we've 157 00:09:54,320 --> 00:09:56,240 Speaker 2: lost motive the stalking. 158 00:09:56,600 --> 00:09:59,400 Speaker 5: Yeah, Nancy, I mean one of the most interesting things 159 00:09:59,400 --> 00:10:02,440 Speaker 5: in I may just be semantics is when Thompson was 160 00:10:02,520 --> 00:10:06,640 Speaker 5: arguing with the expert witness of the defense put on, 161 00:10:07,240 --> 00:10:12,960 Speaker 5: he mentioned that there's no evidence of witnesses being stalked. 162 00:10:13,520 --> 00:10:16,240 Speaker 5: I thought that was a very interesting choice of words 163 00:10:16,679 --> 00:10:20,520 Speaker 5: versus victims. This may be a cover play as well 164 00:10:21,200 --> 00:10:25,720 Speaker 5: by the state, because you know, you've got to now 165 00:10:25,840 --> 00:10:30,640 Speaker 5: think about we've got some amateur, you know, astronomer i e. Coburger, 166 00:10:31,120 --> 00:10:33,400 Speaker 5: you know, exercising in the middle of the night. Yet 167 00:10:33,440 --> 00:10:36,640 Speaker 5: his cell phone shows up twelve separate times around the 168 00:10:36,640 --> 00:10:37,199 Speaker 5: crime scene. 169 00:10:37,200 --> 00:10:39,920 Speaker 2: Now, according to the defense, though, Chris, they're going to 170 00:10:40,000 --> 00:10:44,680 Speaker 2: bring on cell phone experts and radio frequency experts to prove, 171 00:10:45,080 --> 00:10:47,040 Speaker 2: according to the defense, that he wasn't there. 172 00:10:47,320 --> 00:10:48,160 Speaker 1: Do I believe it? 173 00:10:48,640 --> 00:10:48,720 Speaker 9: No? 174 00:10:49,280 --> 00:10:51,880 Speaker 1: But what did your r just one believe it? 175 00:10:52,320 --> 00:10:55,120 Speaker 2: Maybe this as we were learning and correct me if 176 00:10:55,160 --> 00:10:57,760 Speaker 2: I'm wrong, Caitlin Hornet joining us from the US SUN. 177 00:10:58,720 --> 00:11:01,240 Speaker 1: But the polls, the. 178 00:11:01,679 --> 00:11:07,079 Speaker 2: Surveyor that was hired by the defense to call at 179 00:11:07,160 --> 00:11:13,160 Speaker 2: least four hundred prospective gurrrs asked the gurrrs about stalking, 180 00:11:13,559 --> 00:11:17,320 Speaker 2: and we heard Prosecutor Bill Thompson say, you knew that 181 00:11:17,559 --> 00:11:20,760 Speaker 2: wasn't true, and you asked people, you put it out 182 00:11:20,760 --> 00:11:23,040 Speaker 2: there in the ether that there was stalking. 183 00:11:23,480 --> 00:11:26,320 Speaker 1: And the guy responds, I don't care if it's true 184 00:11:26,400 --> 00:11:29,360 Speaker 1: or false. He actually said that in a court of law. 185 00:11:29,400 --> 00:11:30,680 Speaker 1: Did that happen? Caitlin. 186 00:11:30,840 --> 00:11:32,840 Speaker 8: You know, I think one of the biggest things at 187 00:11:32,840 --> 00:11:37,400 Speaker 8: play here at that that the whole the prosecution that Coburger, 188 00:11:37,440 --> 00:11:40,400 Speaker 8: that everyone involved is struggling with is misinformation. You know, 189 00:11:40,440 --> 00:11:43,360 Speaker 8: we've seen that from the beginning with the stalker not 190 00:11:43,520 --> 00:11:47,720 Speaker 8: stalker bit. You know, there are so many inconsistencies that 191 00:11:47,760 --> 00:11:50,240 Speaker 8: I think are still being investigated. 192 00:11:50,320 --> 00:11:55,560 Speaker 2: Okay, question, I'm asking you about the surveyor, the surveyor 193 00:11:55,880 --> 00:12:00,440 Speaker 2: that sent out called to at least four hundred potential 194 00:12:00,520 --> 00:12:06,000 Speaker 2: Coburger your ours, and in that phone survey, the surveyor 195 00:12:06,320 --> 00:12:11,080 Speaker 2: asked about Coburger stalking the victims, and you know what 196 00:12:11,200 --> 00:12:14,800 Speaker 2: played again, was It's cut twenty Bill Thompson, the Lotta 197 00:12:14,880 --> 00:12:22,280 Speaker 2: County prosecutor, grilling doctor Edelman who took part in this survey. 198 00:12:22,640 --> 00:12:23,960 Speaker 1: Listen, you're donald was. 199 00:12:24,080 --> 00:12:28,120 Speaker 6: False the Michilberger allegend we stalked one of the victims, 200 00:12:28,120 --> 00:12:28,640 Speaker 6: that's false. 201 00:12:28,720 --> 00:12:29,560 Speaker 1: You know that to be false? 202 00:12:29,679 --> 00:12:32,640 Speaker 5: Which one did missus Coberger allegend we stalked one of 203 00:12:32,640 --> 00:12:34,439 Speaker 5: the victims. I was trying not to say. 204 00:12:34,240 --> 00:12:37,480 Speaker 10: That because you knew you knew. 205 00:12:37,320 --> 00:12:38,160 Speaker 9: That was false. 206 00:12:38,920 --> 00:12:39,480 Speaker 3: I did it. 207 00:12:39,640 --> 00:12:42,320 Speaker 6: Yes, And so you now, for anybody who had never 208 00:12:42,360 --> 00:12:45,480 Speaker 6: heard that before, that question is now planged in to 209 00:12:45,640 --> 00:12:51,280 Speaker 6: them unqualified representation that mister Coberger stalked one of the witnesses. 210 00:12:50,800 --> 00:12:52,960 Speaker 7: And that's false, that's false. 211 00:12:53,160 --> 00:12:55,160 Speaker 5: Yes, yes, okay, thank you, thank you. 212 00:12:55,240 --> 00:13:00,760 Speaker 2: Okay, all right, So Caitlyn Hornick, explain who is Edelman? 213 00:13:00,960 --> 00:13:02,080 Speaker 9: Doctor Edelman is? 214 00:13:02,559 --> 00:13:06,280 Speaker 8: You know he's a polster. We why he was making 215 00:13:06,360 --> 00:13:09,560 Speaker 8: these phone calls and kind of you know, planting this 216 00:13:09,679 --> 00:13:13,720 Speaker 8: information remains to be seen. You know, why he went 217 00:13:13,840 --> 00:13:17,439 Speaker 8: so far and you know to say that there was 218 00:13:17,520 --> 00:13:21,920 Speaker 8: stalking and you know, but these false claims, it doesn't 219 00:13:21,920 --> 00:13:23,880 Speaker 8: make sense. And I think it's it's really up to 220 00:13:23,920 --> 00:13:28,120 Speaker 8: the jury and the prosecutors to figure out what motive. 221 00:13:28,000 --> 00:13:37,040 Speaker 1: Was crime stories with Nancy Grace. 222 00:13:40,880 --> 00:13:44,199 Speaker 2: To Tara Malik joining US, high profile lawyer joining us 223 00:13:44,240 --> 00:13:49,600 Speaker 2: from the Idaho jurisdiction. This is a major, big deal 224 00:13:50,280 --> 00:13:53,640 Speaker 2: that the defense witness gets up on the stand and says, 225 00:13:54,160 --> 00:13:57,240 Speaker 2: I don't care if it's a lie, I don't care. 226 00:13:57,559 --> 00:14:00,560 Speaker 2: It doesn't matter to me. Yet they have poison the 227 00:14:00,600 --> 00:14:04,520 Speaker 2: jury pool with this. This is a big deal to ourmality. 228 00:14:04,760 --> 00:14:05,800 Speaker 1: But what's the remedy. 229 00:14:06,120 --> 00:14:08,880 Speaker 2: What You're going to throw off the defense attorney and 230 00:14:08,920 --> 00:14:10,560 Speaker 2: start all over with somebody new. 231 00:14:10,760 --> 00:14:13,280 Speaker 1: That's not going to happen. So the defense is getting 232 00:14:13,320 --> 00:14:16,240 Speaker 1: away with this with impunity. Now. 233 00:14:16,640 --> 00:14:20,800 Speaker 2: Now the result is those four hundred jurors are out. 234 00:14:21,240 --> 00:14:22,400 Speaker 1: They have been poisoned. 235 00:14:22,640 --> 00:14:24,800 Speaker 2: So if any of them, which is highly likely in 236 00:14:24,840 --> 00:14:26,360 Speaker 2: a small jurisdiction. 237 00:14:26,040 --> 00:14:29,120 Speaker 1: Are called a jury duty, they're out. They can't be 238 00:14:29,200 --> 00:14:30,200 Speaker 1: on the jury. Yeah. 239 00:14:30,240 --> 00:14:33,520 Speaker 9: Absolutely, I mean the judge noted in the hearing where 240 00:14:33,560 --> 00:14:36,040 Speaker 9: they were talking about this issue with the Folster and 241 00:14:36,080 --> 00:14:39,080 Speaker 9: the specific questions that were being asked. You know, you 242 00:14:39,680 --> 00:14:43,280 Speaker 9: both parties have done have gone to great lengths and 243 00:14:43,360 --> 00:14:48,160 Speaker 9: to also protect from having false information out in this community, 244 00:14:48,160 --> 00:14:52,040 Speaker 9: which is a really small community, and yet here we go. 245 00:14:52,440 --> 00:14:56,320 Speaker 9: Defense hires a consultant to go out there and pose 246 00:14:56,480 --> 00:14:59,280 Speaker 9: questions under the guise of trying to figure out, you know, 247 00:14:59,360 --> 00:15:03,800 Speaker 9: whether there's prejudicial ideas or biases out in this community 248 00:15:03,840 --> 00:15:07,960 Speaker 9: to support their request for a venue change. And they're 249 00:15:08,000 --> 00:15:11,040 Speaker 9: just spreading this information that they know is untrue. So 250 00:15:11,080 --> 00:15:14,800 Speaker 9: it's a really big deal and the judge was understandably 251 00:15:14,960 --> 00:15:17,800 Speaker 9: upset by it. Now the defense is trying to say, 252 00:15:18,160 --> 00:15:20,160 Speaker 9: you know that this is normal and that they're just 253 00:15:20,200 --> 00:15:24,000 Speaker 9: trying to gather information to support their motion for change 254 00:15:24,000 --> 00:15:26,720 Speaker 9: a venue. But either way, you don't have to go 255 00:15:26,760 --> 00:15:27,200 Speaker 9: that far. 256 00:15:27,560 --> 00:15:32,680 Speaker 2: We are learning about the weather conditions the night of 257 00:15:32,760 --> 00:15:37,000 Speaker 2: the murders. To Joe Scott Morgan, how difficult is it 258 00:15:37,080 --> 00:15:37,920 Speaker 2: to pull that up? 259 00:15:38,000 --> 00:15:39,400 Speaker 1: Because I found it pretty quickly. 260 00:15:39,880 --> 00:15:45,640 Speaker 2: The night sky at eleven fifty pm November twelve, throughout 261 00:15:45,800 --> 00:15:53,280 Speaker 2: the morning was basically very low visibility. And jo Scott, 262 00:15:53,320 --> 00:15:56,880 Speaker 2: before you answer that, I'm looking throughout the night three 263 00:15:57,040 --> 00:16:00,800 Speaker 2: seventeen am overcast, three fifty three am. 264 00:16:00,920 --> 00:16:03,160 Speaker 1: That's the time of the murders, ice. 265 00:16:03,320 --> 00:16:08,760 Speaker 2: And fog, four fifty three overcast, five fifty three overcast, 266 00:16:08,800 --> 00:16:12,400 Speaker 2: six fifty three overcast, so what's he looking at? 267 00:16:12,560 --> 00:16:15,760 Speaker 10: Nothing? I mean, how can he see? You know, unless 268 00:16:15,760 --> 00:16:18,040 Speaker 10: he has some kind of special ability, how are you 269 00:16:18,040 --> 00:16:19,720 Speaker 10: going to be able to go out and appreciate this? 270 00:16:19,920 --> 00:16:22,240 Speaker 10: And you're talking about a layer of fog nancy as well, 271 00:16:22,280 --> 00:16:25,280 Speaker 10: because that's going to settle between your view of the 272 00:16:25,320 --> 00:16:28,680 Speaker 10: sky and yourself your position relative. 273 00:16:28,280 --> 00:16:28,840 Speaker 11: To the sky. 274 00:16:29,400 --> 00:16:32,560 Speaker 10: All right, So it's not just simply that it's overcast. 275 00:16:32,680 --> 00:16:35,680 Speaker 10: It's like you begin to think about fog that's perhaps 276 00:16:35,760 --> 00:16:37,520 Speaker 10: over there. It's kind of you know how they use 277 00:16:37,600 --> 00:16:40,520 Speaker 10: the term nancy, a blanket of fog. You begin to 278 00:16:40,560 --> 00:16:43,480 Speaker 10: think about that. So that's even going to further obscure 279 00:16:43,520 --> 00:16:46,080 Speaker 10: your view. Yeah, I guess I don't know. Maybe he 280 00:16:46,120 --> 00:16:49,320 Speaker 10: has special powers that we don't possess. I just don't 281 00:16:49,360 --> 00:16:51,360 Speaker 10: see the validity in this assertion. 282 00:16:51,760 --> 00:16:52,640 Speaker 1: So I'm looking at this. 283 00:16:52,760 --> 00:16:56,200 Speaker 2: The cloud cover on Saturday, November twelve, twenty twenty two, 284 00:16:56,320 --> 00:17:02,080 Speaker 2: in Moscow, Idaho, cloud coverage, the height of dominant cloud 285 00:17:02,360 --> 00:17:08,080 Speaker 2: layer very very thick and overcast. That night there is 286 00:17:08,119 --> 00:17:12,080 Speaker 2: not only overcast, but ice and fog. And you know 287 00:17:12,119 --> 00:17:16,480 Speaker 2: what I think would be a fantastic courtroom demonstration. And 288 00:17:16,600 --> 00:17:20,280 Speaker 2: of course Tara Malik high profile lawyer joining US side 289 00:17:20,280 --> 00:17:24,360 Speaker 2: of this jurisdiction, Tara, wouldn't it be a great demonstration 290 00:17:24,960 --> 00:17:27,919 Speaker 2: to turn off all the lights in the courtroom and 291 00:17:28,040 --> 00:17:35,000 Speaker 2: try to recreate the conditions maybe with possibly an overhead 292 00:17:35,000 --> 00:17:37,400 Speaker 2: projector of some sort of the stars in the moon. 293 00:17:38,440 --> 00:17:41,520 Speaker 1: How little you could see that night. That would be 294 00:17:41,560 --> 00:17:42,080 Speaker 1: tough to do. 295 00:17:43,000 --> 00:17:47,440 Speaker 2: Maybe there's some sort of a satellite picture from that night. 296 00:17:47,520 --> 00:17:50,760 Speaker 2: I bet there is that could be achieved by the 297 00:17:50,840 --> 00:17:56,640 Speaker 2: state to show the jury, maybe from the US Weather Service, 298 00:17:57,720 --> 00:18:00,800 Speaker 2: how overcast it really was that night. 299 00:18:01,160 --> 00:18:03,800 Speaker 1: And for him to be out at four a m. 300 00:18:04,680 --> 00:18:10,440 Speaker 1: Stargazing what a saka let me just say b s 301 00:18:11,160 --> 00:18:15,360 Speaker 1: technical legal term. I mean, is this really happening? 302 00:18:15,480 --> 00:18:15,640 Speaker 3: Tar? 303 00:18:16,240 --> 00:18:20,160 Speaker 9: I mean again, this is a weak alibi that's being 304 00:18:20,200 --> 00:18:22,399 Speaker 9: put forward. And I agree if there's a way to 305 00:18:22,480 --> 00:18:25,359 Speaker 9: demonstrate or show a picture about what this guy looked 306 00:18:25,400 --> 00:18:28,920 Speaker 9: like that night, I would certainly think that would help 307 00:18:29,000 --> 00:18:32,760 Speaker 9: the prosecution's case in poking holes in this alibi defense. 308 00:18:33,000 --> 00:18:35,639 Speaker 2: Guys, take a listen to what the judge and the 309 00:18:35,680 --> 00:18:38,400 Speaker 2: prosecutor had to say about the stargazing alibi. 310 00:18:39,200 --> 00:18:40,760 Speaker 5: The way I understand this. 311 00:18:42,240 --> 00:18:48,480 Speaker 7: Is and this is the ali not knowing how. 312 00:18:51,200 --> 00:18:55,359 Speaker 9: Quote he was out driving through the late night and 313 00:18:55,520 --> 00:18:58,640 Speaker 9: early one as a November flag. 314 00:19:00,400 --> 00:19:00,520 Speaker 8: Too. 315 00:19:01,400 --> 00:19:03,600 Speaker 5: Whistober that West now say? 316 00:19:03,720 --> 00:19:04,000 Speaker 2: Is that. 317 00:19:05,480 --> 00:19:06,879 Speaker 5: His ally as. 318 00:19:06,800 --> 00:19:11,920 Speaker 7: You are now driving around that night work. Hey, we 319 00:19:12,040 --> 00:19:17,440 Speaker 7: do that already and that is aliliar, so he What 320 00:19:17,920 --> 00:19:21,760 Speaker 7: defendant has still failed to do is to comply by 321 00:19:22,040 --> 00:19:25,119 Speaker 7: the nineteen n By nineteen and I were Court twelve 322 00:19:25,200 --> 00:19:31,400 Speaker 7: point one. It specifically requires a defendant to provide identifying 323 00:19:31,640 --> 00:19:35,400 Speaker 7: natings of witnesses who will be called to support the alleli, 324 00:19:35,760 --> 00:19:37,120 Speaker 7: along with their addresses. 325 00:19:37,359 --> 00:19:41,280 Speaker 1: Okay, it's hard to make out what Judge Judge is saying. 326 00:19:41,520 --> 00:19:45,840 Speaker 2: I'm not stuttering. His name is judge John Judge. It's 327 00:19:45,880 --> 00:19:47,680 Speaker 2: hard to make out what he's saying. You know, he's 328 00:19:47,720 --> 00:19:50,840 Speaker 2: kind of tilted down. I'm just grateful that they let 329 00:19:50,880 --> 00:19:52,520 Speaker 2: a camera be in the court and so we could 330 00:19:52,560 --> 00:19:54,720 Speaker 2: hear and see a little bit of what's going on. 331 00:19:55,400 --> 00:19:56,000 Speaker 1: He says. 332 00:19:56,240 --> 00:19:59,440 Speaker 2: The way I understand this is and this is the 333 00:20:00,160 --> 00:20:03,960 Speaker 2: this is the judge talking the so called alibi. 334 00:20:05,640 --> 00:20:10,080 Speaker 1: The judge says, the so called alibi. Don't say that 335 00:20:10,160 --> 00:20:14,520 Speaker 1: in front of the jury, Judge, Judge, don't. He goes 336 00:20:14,600 --> 00:20:17,760 Speaker 1: on to say, the way I understand this is, and 337 00:20:17,920 --> 00:20:18,439 Speaker 1: this is the. 338 00:20:18,720 --> 00:20:23,280 Speaker 2: So called alibi, not really an alibi. The judge said 339 00:20:23,280 --> 00:20:26,000 Speaker 2: that not me, his word's not mine. Not really an alibi, 340 00:20:26,359 --> 00:20:30,040 Speaker 2: but quote, he was out driving during the late night 341 00:20:30,119 --> 00:20:33,800 Speaker 2: and early morning hours of November twelveth two thirteen, twenty 342 00:20:33,920 --> 00:20:38,359 Speaker 2: twenty two. The judge is commenting on the alibi. He 343 00:20:38,480 --> 00:20:41,640 Speaker 2: is calling it a so called alibi, and he's also 344 00:20:41,800 --> 00:20:45,840 Speaker 2: stating it is quote, not really an alibi, because it's 345 00:20:45,920 --> 00:20:52,080 Speaker 2: not it's not that said. The prosecutor comes right back 346 00:20:52,160 --> 00:20:57,679 Speaker 2: in after that and states that even though he's claiming 347 00:20:57,720 --> 00:21:01,240 Speaker 2: he was out driving, the defense is not complied with 348 00:21:01,800 --> 00:21:03,879 Speaker 2: the law, Tara Malik. 349 00:21:04,000 --> 00:21:08,320 Speaker 1: The law is that if you are presenting an alibi, you. 350 00:21:08,640 --> 00:21:15,520 Speaker 2: Are specifically required to identify witnesses or corroboration to support 351 00:21:16,040 --> 00:21:20,520 Speaker 2: your alibi, along with their addresses, and the state has 352 00:21:20,600 --> 00:21:23,320 Speaker 2: to do this too, with all of their witnesses, so 353 00:21:24,000 --> 00:21:25,560 Speaker 2: that the state can. 354 00:21:25,840 --> 00:21:27,880 Speaker 1: Test the alibi. 355 00:21:27,960 --> 00:21:32,640 Speaker 2: In other words, speak to the witnesses, test the scientific evidence. 356 00:21:33,040 --> 00:21:36,320 Speaker 1: Let me pose you a question, Tara. 357 00:21:37,040 --> 00:21:41,080 Speaker 2: Since there's not going to be a witness to state 358 00:21:41,160 --> 00:21:44,000 Speaker 2: they saw Coburger out driving around that night, let's just 359 00:21:44,080 --> 00:21:44,680 Speaker 2: cut the chase. 360 00:21:44,880 --> 00:21:45,639 Speaker 1: It's not a witness. 361 00:21:46,560 --> 00:21:50,760 Speaker 2: I'm wondering if they're going to use cell phone data 362 00:21:51,640 --> 00:21:55,119 Speaker 2: to suggest Coburger was elsewhere at the time of the 363 00:21:55,200 --> 00:21:59,400 Speaker 2: murders looking at the stars, because that elsewhere is out 364 00:21:59,440 --> 00:21:59,919 Speaker 2: in the middle of. 365 00:22:00,600 --> 00:22:02,800 Speaker 9: Yeah, it seems like that they're going to rely on 366 00:22:03,040 --> 00:22:05,240 Speaker 9: cell phone data to say he was out at a 367 00:22:05,320 --> 00:22:06,600 Speaker 9: park stargazing. 368 00:22:07,200 --> 00:22:11,160 Speaker 1: But you know, again, where is this park. 369 00:22:11,000 --> 00:22:13,639 Speaker 9: And is the park within the route of you know, 370 00:22:13,920 --> 00:22:16,680 Speaker 9: the secuitis kind of route that we've already know and 371 00:22:16,840 --> 00:22:22,040 Speaker 9: talked about that he took to get over to the victims' homes. 372 00:22:22,240 --> 00:22:24,760 Speaker 1: So there's a lot to be seen here. 373 00:22:24,920 --> 00:22:27,920 Speaker 9: And it seems like the defense is also saying, we 374 00:22:28,080 --> 00:22:31,560 Speaker 9: still don't have the discovery that we need to get 375 00:22:31,760 --> 00:22:35,840 Speaker 9: all this information out and to support our alibi. Not 376 00:22:36,000 --> 00:22:39,199 Speaker 9: a great position to be in, and again it seems 377 00:22:39,280 --> 00:22:42,719 Speaker 9: like a weak alibi to me. The other part of it, too, 378 00:22:42,920 --> 00:22:45,920 Speaker 9: that the prosecutor said when they said you know he 379 00:22:46,119 --> 00:22:49,920 Speaker 9: was out, was that we already knew Coburger was out. 380 00:22:50,200 --> 00:22:54,720 Speaker 12: Listen Coburger's official alibi claims quote mister Coburger was out 381 00:22:54,840 --> 00:22:57,560 Speaker 12: driving in the early morning hours of November thirteen, twenty 382 00:22:57,680 --> 00:23:00,880 Speaker 12: twenty two, as he often did to hike and run 383 00:23:01,000 --> 00:23:03,879 Speaker 12: and or see the moon and stars. He drove throughout 384 00:23:03,920 --> 00:23:06,879 Speaker 12: the area south of Pullman, Washington, west of Moscow, Idaho, 385 00:23:07,000 --> 00:23:10,240 Speaker 12: including well why we park. To further solidify his alibi, 386 00:23:10,600 --> 00:23:13,920 Speaker 12: Coberger said he plans to offer testimony from a CSLI 387 00:23:14,119 --> 00:23:16,680 Speaker 12: expert to show that he was south of Pullman and 388 00:23:16,720 --> 00:23:18,639 Speaker 12: west of Moscow at the time of the murders and 389 00:23:19,080 --> 00:23:21,800 Speaker 12: that he did not travel east on the Moscow Pullman 390 00:23:21,920 --> 00:23:25,040 Speaker 12: Highway in the early morning hours of November thirteenth, twenty 391 00:23:25,160 --> 00:23:25,600 Speaker 12: twenty two. 392 00:23:25,840 --> 00:23:27,120 Speaker 1: So what does that mean? 393 00:23:28,000 --> 00:23:31,520 Speaker 2: That means that Brian Coburger intends to call an expert 394 00:23:31,600 --> 00:23:35,080 Speaker 2: to the stand to testify that his Brian Coburger cell 395 00:23:35,119 --> 00:23:40,960 Speaker 2: phone was outside Moscow on the night the students were murdered. 396 00:23:41,760 --> 00:23:46,879 Speaker 2: Joining me right now is a veteran in cyber security, 397 00:23:47,160 --> 00:23:53,400 Speaker 2: Bill Slater, cybersecurity expert at IT Security Consultant. 398 00:23:54,640 --> 00:23:58,320 Speaker 1: Bill, thank you for being with us. What does this mean? 399 00:23:58,760 --> 00:24:01,639 Speaker 1: What are they saying? What do you expect to happen? 400 00:24:01,960 --> 00:24:02,200 Speaker 9: Sure? 401 00:24:02,560 --> 00:24:07,240 Speaker 11: Well, one of the things that that occurs when you 402 00:24:07,359 --> 00:24:10,720 Speaker 11: have your cell phone, even if it's turned off, it 403 00:24:10,800 --> 00:24:15,560 Speaker 11: will ping towers and that's on the cell phone grid. 404 00:24:16,400 --> 00:24:21,159 Speaker 11: So they're they're going to try to prove that his 405 00:24:21,320 --> 00:24:24,200 Speaker 11: cell phone was pinging towers that were not in the 406 00:24:24,280 --> 00:24:29,200 Speaker 11: location where the crime occurred. The other piece of evidence 407 00:24:29,280 --> 00:24:34,880 Speaker 11: that I think would be extremely interesting to relate would 408 00:24:34,920 --> 00:24:40,840 Speaker 11: be the data recorder that's installed on every modern vehicle 409 00:24:40,920 --> 00:24:46,240 Speaker 11: in the last six or seven years, so that there's 410 00:24:46,280 --> 00:24:51,560 Speaker 11: a there's a hard drive in there that indicates what 411 00:24:51,880 --> 00:24:55,600 Speaker 11: what the car has been doing, and that a lot 412 00:24:55,640 --> 00:24:57,800 Speaker 11: of people view that as a breach of privacy, but 413 00:24:57,920 --> 00:25:01,760 Speaker 11: that has been used to investigate crime. So I would 414 00:25:02,960 --> 00:25:05,560 Speaker 11: try to relate both of those. But the other thing 415 00:25:05,640 --> 00:25:08,359 Speaker 11: I'll mention real quick is anytime you have digital data, 416 00:25:08,480 --> 00:25:13,480 Speaker 11: that data itself can be altered and you need to 417 00:25:13,520 --> 00:25:17,359 Speaker 11: show a chain of custody that the data has not 418 00:25:17,560 --> 00:25:20,520 Speaker 11: been altered. So that's another consideration. 419 00:25:20,440 --> 00:25:23,359 Speaker 2: From what I am gleaning from what was said in 420 00:25:23,560 --> 00:25:26,240 Speaker 2: court in the last hours Bill Slater, Guys, Bill Slater, 421 00:25:26,320 --> 00:25:30,640 Speaker 2: cybersecurity expert, is that the defense is going to call 422 00:25:30,880 --> 00:25:37,080 Speaker 2: one a cell phone expert to offer information regarding cell 423 00:25:37,200 --> 00:25:41,720 Speaker 2: phone tower pingings as you just described, and a radio 424 00:25:42,280 --> 00:25:47,960 Speaker 2: frequency expert to corroborate the cell phone expert. So what 425 00:25:48,119 --> 00:25:52,639 Speaker 2: does that mean a radio frequency expert, Well, all of our. 426 00:25:52,560 --> 00:25:58,080 Speaker 11: Cell phones operate on radio frequencies, and so they would 427 00:25:58,119 --> 00:26:01,800 Speaker 11: be looking for that expert to say that not only 428 00:26:01,920 --> 00:26:05,760 Speaker 11: did the cell phone ping these towers, but it pinged 429 00:26:05,800 --> 00:26:11,280 Speaker 11: it on the frequency that the cell phone was rated 430 00:26:11,359 --> 00:26:15,400 Speaker 11: to ping on. So it's like it's like a signature. 431 00:26:15,600 --> 00:26:19,359 Speaker 1: Okay, I'm just a JD. I'm not a cybersecurity expert. 432 00:26:19,760 --> 00:26:22,119 Speaker 1: What are you saying? Could you say it in a 433 00:26:22,160 --> 00:26:22,720 Speaker 1: different way. 434 00:26:23,040 --> 00:26:28,639 Speaker 11: Sure, all of our cell phones are radio transmitters because 435 00:26:28,680 --> 00:26:31,680 Speaker 11: they're they're wireless, and that's how they talk in the network. 436 00:26:33,000 --> 00:26:37,800 Speaker 11: The way that it talks is I won't get into 437 00:26:37,880 --> 00:26:41,920 Speaker 11: the physics of it, but basically it's it sends out 438 00:26:42,359 --> 00:26:48,919 Speaker 11: radio frequencies. Uh, it sends and receives signals on radio frequencies. 439 00:26:49,000 --> 00:26:54,240 Speaker 11: So the person that they want to cooperate that would say, yes, 440 00:26:56,440 --> 00:26:59,600 Speaker 11: the pinging on the cell phone towers matches the radio 441 00:26:59,680 --> 00:27:01,000 Speaker 11: frequent of his phone. 442 00:27:01,160 --> 00:27:03,119 Speaker 1: Okay, that made better sense to me. 443 00:27:03,760 --> 00:27:09,280 Speaker 2: So the radio frequency used at the towers equals or 444 00:27:09,760 --> 00:27:16,040 Speaker 2: compatible sympatico with the radio frequency his phone would have 445 00:27:16,160 --> 00:27:20,400 Speaker 2: been using. Okay, So is it correct to state Bill 446 00:27:20,480 --> 00:27:26,120 Speaker 2: Slater that a radio frequency expert could corroborate a cell 447 00:27:26,160 --> 00:27:27,360 Speaker 2: phone data expert? 448 00:27:27,840 --> 00:27:29,400 Speaker 1: Or are they one and the same. 449 00:27:29,880 --> 00:27:34,000 Speaker 11: They're not one and the same. And the radio frequency 450 00:27:34,080 --> 00:27:37,359 Speaker 11: expert would be supporting the data expert who would be 451 00:27:38,440 --> 00:27:44,560 Speaker 11: reporting the the timing of the receipt of the signals 452 00:27:44,880 --> 00:27:45,639 Speaker 11: in this area. 453 00:27:45,720 --> 00:27:48,400 Speaker 2: And anybody on the panel jump in. We've all been 454 00:27:48,480 --> 00:27:51,840 Speaker 2: to the area, We've seen the area. The defense is 455 00:27:52,160 --> 00:27:56,600 Speaker 2: arguing that Coburger was driving south of Pullman, where he 456 00:27:56,760 --> 00:28:01,960 Speaker 2: goes to school at Washington State University, and west of Moscow. 457 00:28:02,520 --> 00:28:07,800 Speaker 2: Defense claiming Coburger a driving south of Pullman, and that's Pullman, 458 00:28:08,000 --> 00:28:15,840 Speaker 2: Washington and west of Moscow, Idaho, quote as he often 459 00:28:15,960 --> 00:28:22,800 Speaker 2: did to hike and run or see the moon and stars. Okay, 460 00:28:23,480 --> 00:28:27,920 Speaker 2: the two towns are only ten miles apart. 461 00:28:28,200 --> 00:28:34,040 Speaker 1: Now, Bill Slater put that in your mind. The two towns, Pullman. 462 00:28:33,880 --> 00:28:37,320 Speaker 2: And Moscow are only ten miles apart, So really quick 463 00:28:37,520 --> 00:28:42,920 Speaker 2: drive compared to his long, circuitous route he took home 464 00:28:43,400 --> 00:28:44,640 Speaker 2: when he turned his cell. 465 00:28:44,520 --> 00:28:45,960 Speaker 1: Phone back on. 466 00:28:47,920 --> 00:28:51,640 Speaker 2: Another curious thing about the stalking and everybody, I want 467 00:28:51,680 --> 00:28:56,160 Speaker 2: you to jump in. According to data we've heard about, 468 00:28:57,840 --> 00:29:01,840 Speaker 2: cell phone data is placing him in and around the 469 00:29:01,960 --> 00:29:08,440 Speaker 2: murder scene multiple times before the murders, so that could 470 00:29:08,640 --> 00:29:13,160 Speaker 2: constitute a stalking claim. The defense will have a perfectly 471 00:29:13,880 --> 00:29:18,600 Speaker 2: innocent sounding excuse for that. But it is curious, is 472 00:29:18,680 --> 00:29:21,760 Speaker 2: it not? If not probative proves something that he was 473 00:29:21,800 --> 00:29:25,320 Speaker 2: going back and forth by their home and then suddenly 474 00:29:25,560 --> 00:29:28,320 Speaker 2: they're dead and he's out looking at the stars. So 475 00:29:28,840 --> 00:29:33,880 Speaker 2: what about that route that they are claiming to build 476 00:29:33,960 --> 00:29:39,280 Speaker 2: slater If there's only ten miles between the two spots 477 00:29:39,760 --> 00:29:43,800 Speaker 2: where he was allegedly looking at the stars and the 478 00:29:44,280 --> 00:29:49,360 Speaker 2: murder scene, can a cell phone tower differentiate between the 479 00:29:49,440 --> 00:29:50,400 Speaker 2: two locations? 480 00:29:50,640 --> 00:29:55,240 Speaker 11: Yes, absolutely it can, And it's come to light since 481 00:29:55,320 --> 00:29:59,360 Speaker 11: the whole Edward Snowden thing of twenty fourteen that the 482 00:29:59,520 --> 00:30:02,120 Speaker 11: only time your cell phone is not tracking you is 483 00:30:02,200 --> 00:30:04,560 Speaker 11: when you take the battery out, and a lot of 484 00:30:04,600 --> 00:30:06,600 Speaker 11: people are unaware of that, Nancy. They think if they 485 00:30:06,680 --> 00:30:10,160 Speaker 11: turn their cell phone out off that they're not trackable, 486 00:30:10,240 --> 00:30:15,479 Speaker 11: and that's not true. The only way that device cannot 487 00:30:15,640 --> 00:30:20,920 Speaker 11: track you on towers is to remove the battery so 488 00:30:21,040 --> 00:30:22,520 Speaker 11: they can't talk to the towers. 489 00:30:22,680 --> 00:30:26,160 Speaker 1: The judge double down on Coburger in court in the 490 00:30:26,240 --> 00:30:30,440 Speaker 1: last hour, saying you've got to give us a witness or. 491 00:30:30,480 --> 00:30:33,720 Speaker 2: The evidence you're bringing on to corroborate this, what do 492 00:30:33,800 --> 00:30:36,640 Speaker 2: I think It is no witness at all. It's going 493 00:30:36,760 --> 00:30:41,400 Speaker 2: to be cell phone data, The defense claims places Coburger 494 00:30:41,520 --> 00:30:46,200 Speaker 2: somewhere entirely different than the King wrote address. Isn't it true, 495 00:30:46,520 --> 00:30:51,200 Speaker 2: Caitlin Hornick, that Coburger we can prove turned his phone 496 00:30:51,360 --> 00:30:53,400 Speaker 2: off and on the night. 497 00:30:53,320 --> 00:30:53,880 Speaker 1: Of the murders. 498 00:30:54,200 --> 00:30:56,200 Speaker 8: Just a yes, no, yes, absolutely. 499 00:30:56,440 --> 00:30:59,920 Speaker 1: Two forty two. His phone is on at his apartment 500 00:31:00,360 --> 00:31:02,520 Speaker 1: in Pullman. I went there. 501 00:31:02,680 --> 00:31:05,880 Speaker 2: It's about an eight minute drive from the murder scene, 502 00:31:06,000 --> 00:31:09,720 Speaker 2: eight to twelve minutes. To forty seven, he turns his 503 00:31:09,840 --> 00:31:12,560 Speaker 2: phone off. Who on this panel turns your phone off 504 00:31:12,600 --> 00:31:14,680 Speaker 2: when you're going driving in the middle of the night. 505 00:31:15,120 --> 00:31:17,240 Speaker 2: I would keep mine on just in case I had 506 00:31:17,320 --> 00:31:20,040 Speaker 2: a nine to one one. Anyway, he turns his off. 507 00:31:20,320 --> 00:31:24,200 Speaker 2: We know that, and that is irrefutable. I'm gonna circle 508 00:31:24,240 --> 00:31:26,800 Speaker 2: back in a moment to Bill Slater, who says, you 509 00:31:26,920 --> 00:31:29,440 Speaker 2: got to take your battery out of your phone to 510 00:31:29,560 --> 00:31:33,040 Speaker 2: be untraceable just turning it off. Hey, we know you're 511 00:31:33,080 --> 00:31:34,880 Speaker 2: doing that. To forty seven. 512 00:31:35,320 --> 00:31:38,320 Speaker 1: This guy is up and about turning his phone off. 513 00:31:38,760 --> 00:31:39,800 Speaker 1: Three point twenty nine. 514 00:31:40,360 --> 00:31:45,000 Speaker 2: Not cell phone, but video surveillance from a nearby home. 515 00:31:45,480 --> 00:31:49,400 Speaker 2: A residence shows a white sedan passing the King Road 516 00:31:49,480 --> 00:31:52,200 Speaker 2: address that looks oops just. 517 00:31:52,480 --> 00:31:53,680 Speaker 1: Like his white Elantra. 518 00:31:54,480 --> 00:31:59,320 Speaker 2: For zero four, the sedan returns and stops in front 519 00:31:59,320 --> 00:32:04,400 Speaker 2: of the King Road address. Four twenty sixteen minutes later, 520 00:32:05,080 --> 00:32:09,160 Speaker 2: the white sedan scratches off, taking off. 521 00:32:09,120 --> 00:32:11,760 Speaker 1: Like a bat out of Hell at a high speed, 522 00:32:12,240 --> 00:32:15,160 Speaker 1: leaving the King Road address. 523 00:32:15,760 --> 00:32:19,360 Speaker 2: And then twenty eight minutes later, and for me, it 524 00:32:19,480 --> 00:32:23,840 Speaker 2: was about an hour drive four forty eight a m. 525 00:32:24,320 --> 00:32:27,560 Speaker 2: Twenty eight minutes later, that phone is turned back on 526 00:32:28,000 --> 00:32:34,360 Speaker 2: and it's pinging south of Moscow, Idaho State Highway ninety five. 527 00:32:35,120 --> 00:32:46,000 Speaker 1: I took that drive Crime Stories with Nancy Grace. 528 00:32:49,720 --> 00:32:55,760 Speaker 2: To Professor Forensics Jacksonville State University, author of Blood Beneath 529 00:32:55,840 --> 00:32:59,920 Speaker 2: My Feet on Amazon, star of a hit series, Body Back, 530 00:33:01,640 --> 00:33:06,200 Speaker 2: and most important for me right now, FORENS expert and 531 00:33:06,320 --> 00:33:08,600 Speaker 2: death investigator Joe Scott. 532 00:33:09,360 --> 00:33:11,240 Speaker 1: He's between a rock and a hard spot. 533 00:33:11,360 --> 00:33:14,040 Speaker 2: I want you to analyze everything Slater has told us, 534 00:33:14,360 --> 00:33:17,840 Speaker 2: but also we are poking a little bit of fun 535 00:33:18,240 --> 00:33:22,400 Speaker 2: at the moon and the stargazing alibi. But think about it, 536 00:33:22,560 --> 00:33:25,000 Speaker 2: what else is Anne Taylor, the defense lawyer, gonna say 537 00:33:25,440 --> 00:33:27,920 Speaker 2: he was the party with all of his friends that 538 00:33:28,080 --> 00:33:28,760 Speaker 2: ain't happening. 539 00:33:29,000 --> 00:33:32,200 Speaker 1: They got to come up with something to make sense 540 00:33:32,280 --> 00:33:36,320 Speaker 1: to a jury why he may have been out driving around. 541 00:33:37,320 --> 00:33:39,560 Speaker 2: The only thing they can do is refute the cell 542 00:33:39,640 --> 00:33:42,320 Speaker 2: phone data because that video surveillance. 543 00:33:42,720 --> 00:33:44,440 Speaker 1: I don't think it's Scott is car tagged. 544 00:33:44,520 --> 00:33:46,720 Speaker 10: No, it doesn't. But that's all they can do, Nancy, 545 00:33:47,200 --> 00:33:49,440 Speaker 10: isn't it? You know, when you begin to think about it, 546 00:33:50,520 --> 00:33:53,320 Speaker 10: they can. They're money in the waters with all of 547 00:33:53,400 --> 00:33:58,640 Speaker 10: this digital back and forth. Here's the one thing that 548 00:33:58,800 --> 00:34:04,200 Speaker 10: they cannot overcome. Get this number in your mind, five 549 00:34:04,800 --> 00:34:11,759 Speaker 10: point three seven octillion that goes to his DNA profile. 550 00:34:12,800 --> 00:34:16,439 Speaker 10: That means that the chances that it was somebody else 551 00:34:16,880 --> 00:34:20,359 Speaker 10: are at that range. It's amazing, isn't it. It came 552 00:34:20,440 --> 00:34:21,600 Speaker 10: off of the snap, Nancy. 553 00:34:22,440 --> 00:34:24,320 Speaker 1: That's exactly where the DNA was found. 554 00:34:25,360 --> 00:34:29,840 Speaker 10: Yeah, and I don't think that he was necessarily, you know, 555 00:34:30,160 --> 00:34:34,120 Speaker 10: planning on this, But listen, I don't know if you 556 00:34:34,160 --> 00:34:37,080 Speaker 10: could hear that, but this has got and I'm fascinated 557 00:34:37,120 --> 00:34:41,040 Speaker 10: by this. I have been since the case. This little 558 00:34:41,160 --> 00:34:45,200 Speaker 10: ring right here where the snap actually actuates, it's a ridge, 559 00:34:45,719 --> 00:34:49,640 Speaker 10: and so if you're actuating it with your thumb and 560 00:34:49,760 --> 00:34:52,640 Speaker 10: you drag your thumb across it. Anything can be collected 561 00:34:52,680 --> 00:34:55,640 Speaker 10: in here. We think about touch DNA. If he's got sweat, 562 00:34:56,400 --> 00:34:59,000 Speaker 10: you know, that's coming off of his hand, it could 563 00:34:59,000 --> 00:35:02,920 Speaker 10: be deposited there. Both are sources for DNA, ones richer 564 00:35:03,000 --> 00:35:05,200 Speaker 10: than the other. But you know, when you begin to 565 00:35:05,280 --> 00:35:07,640 Speaker 10: think about these numbers, Nancy, and just to put it 566 00:35:07,680 --> 00:35:12,080 Speaker 10: in perspective, I'm not a real fine math guy, but 567 00:35:12,600 --> 00:35:18,240 Speaker 10: that's twenty twenty seven zero's, Nancy. That's an amazing number. 568 00:35:18,320 --> 00:35:21,440 Speaker 10: And so the reason I'm saying this is that I 569 00:35:21,480 --> 00:35:24,680 Speaker 10: don't think they have anything else. And they can parade 570 00:35:24,719 --> 00:35:26,520 Speaker 10: all of the experts up there that they want to, 571 00:35:26,719 --> 00:35:29,520 Speaker 10: but the one thing you can't get away from at 572 00:35:29,560 --> 00:35:31,720 Speaker 10: the end of the day. Yeah, they don't have the knife, 573 00:35:31,760 --> 00:35:35,600 Speaker 10: but they've got this sheath and his DNA is on it. 574 00:35:36,200 --> 00:35:38,480 Speaker 10: And that's a heck of a mountain for them to 575 00:35:38,600 --> 00:35:42,640 Speaker 10: have to climb, you know, relative to this. And one 576 00:35:42,680 --> 00:35:46,600 Speaker 10: more thing, and I'll shut my mouth. The brutality of this. 577 00:35:46,760 --> 00:35:49,200 Speaker 10: You know, you use the term he murdered for people 578 00:35:49,920 --> 00:35:52,960 Speaker 10: a little while ago, Nancy. This was not murder. This 579 00:35:53,320 --> 00:36:00,200 Speaker 10: was pure on butchery using this combat knife as a 580 00:36:00,320 --> 00:36:02,720 Speaker 10: k bar. This is something that our troopers have used 581 00:36:03,640 --> 00:36:06,760 Speaker 10: since just prior to World War Two. Marines are famous 582 00:36:06,840 --> 00:36:09,240 Speaker 10: for it. It's a combat knife. It's a fighting knife, 583 00:36:09,480 --> 00:36:13,680 Speaker 10: all right, It's made for that purpose. And there when 584 00:36:13,880 --> 00:36:16,680 Speaker 10: all of that is said and done, and we see 585 00:36:17,920 --> 00:36:20,600 Speaker 10: the interior of that house and we see what kind 586 00:36:20,640 --> 00:36:25,680 Speaker 10: of butchery was perpetrated on these poor kids, they better 587 00:36:25,840 --> 00:36:28,680 Speaker 10: damn well have something else because that dog ain't gonna 588 00:36:28,719 --> 00:36:32,160 Speaker 10: hunt because the jury is gonna be put into position 589 00:36:32,360 --> 00:36:34,759 Speaker 10: to observe all of this, and then you're gonna get 590 00:36:34,800 --> 00:36:39,239 Speaker 10: somebody with a PhD in DNA sciences and they're gonna 591 00:36:39,239 --> 00:36:41,239 Speaker 10: put them up on the stand. And I don't know. 592 00:36:41,960 --> 00:36:44,520 Speaker 10: I don't know what the defense can put up there 593 00:36:45,400 --> 00:36:49,360 Speaker 10: that can thwart that particular attack on the part of 594 00:36:49,400 --> 00:36:49,920 Speaker 10: the defense. 595 00:36:50,280 --> 00:36:53,720 Speaker 1: Hey, Scott, you've testified it in so many cases. 596 00:36:53,880 --> 00:36:56,759 Speaker 2: And when I would prepare cases for trial, I'll get 597 00:36:56,840 --> 00:37:00,759 Speaker 2: my own case ready rock solid, right then I would 598 00:37:00,800 --> 00:37:03,480 Speaker 2: think about what they were going to do and how 599 00:37:03,600 --> 00:37:06,000 Speaker 2: I could fight it. Do you remember under Reagan he 600 00:37:06,080 --> 00:37:07,839 Speaker 2: came up with the Star Wars defense. We were going 601 00:37:07,880 --> 00:37:12,120 Speaker 2: to shoot down missiles before they ever hit our homeland, 602 00:37:12,280 --> 00:37:16,120 Speaker 2: the US. That's what I try to do so I'm thinking, 603 00:37:16,480 --> 00:37:18,759 Speaker 2: what are they going to do and how can I 604 00:37:18,880 --> 00:37:22,920 Speaker 2: destroy it? They are going to attack the DNA, the 605 00:37:23,040 --> 00:37:26,759 Speaker 2: science itself, which you know five point three seven Octilian. 606 00:37:27,080 --> 00:37:31,840 Speaker 2: I think it's more people that have ever in history 607 00:37:32,080 --> 00:37:35,840 Speaker 2: that we know. I've lived on Earth, right, Okay, so 608 00:37:36,040 --> 00:37:39,080 Speaker 2: it's him. But what they could do is attack DNA 609 00:37:39,239 --> 00:37:42,720 Speaker 2: science in general. But they could attack chain of custody 610 00:37:42,840 --> 00:37:46,000 Speaker 2: of the DNA. They are likely to pull an OJ 611 00:37:46,600 --> 00:37:50,840 Speaker 2: claiming that OJ Simpson claiming that the cops wanted a 612 00:37:51,120 --> 00:37:54,120 Speaker 2: defendant so badly they decided to depend it on Coburger, 613 00:37:54,880 --> 00:37:58,719 Speaker 2: but also the placement of the knife and the genesis 614 00:37:58,800 --> 00:38:02,440 Speaker 2: of the knife, Scott. They could claim, hey, yeah, I 615 00:38:02,560 --> 00:38:04,440 Speaker 2: went to a gun and knife show and I. 616 00:38:04,560 --> 00:38:07,560 Speaker 1: Picked up a knife like that and I tested. 617 00:38:07,239 --> 00:38:10,560 Speaker 2: It and I put it back and some other dude, 618 00:38:10,640 --> 00:38:12,040 Speaker 2: I always use a sod defense. 619 00:38:12,120 --> 00:38:15,480 Speaker 1: Some other dude did it. Must have used that knife. 620 00:38:15,840 --> 00:38:16,759 Speaker 1: That's where they're going to go. 621 00:38:16,960 --> 00:38:19,200 Speaker 10: I think, yeah, I agree with you, and I've thought 622 00:38:19,480 --> 00:38:21,640 Speaker 10: I've put a lot of thought into that relative to 623 00:38:21,920 --> 00:38:25,160 Speaker 10: gun and knife shows, you know, and the idea that 624 00:38:25,560 --> 00:38:29,719 Speaker 10: he would randomly and you know, you guys in law 625 00:38:29,920 --> 00:38:32,480 Speaker 10: use this term reasonableness is that reasonable? 626 00:38:32,640 --> 00:38:36,360 Speaker 2: Nancy to Bill Slater, a cybersecurity expert, jump in, Bill. 627 00:38:37,239 --> 00:38:40,239 Speaker 11: Yeah, I've studied this case a great deal and it's 628 00:38:40,400 --> 00:38:43,520 Speaker 11: occurred to me from the very beginning that not only 629 00:38:43,760 --> 00:38:47,600 Speaker 11: was he a PhD candidate in criminology, I think the 630 00:38:47,680 --> 00:38:50,480 Speaker 11: mindset of the young man was that he was going 631 00:38:50,560 --> 00:38:53,360 Speaker 11: to commit the perfect crime and get away with it. 632 00:38:54,000 --> 00:38:57,680 Speaker 11: So I think people are this is not a normal person. 633 00:38:57,800 --> 00:39:02,680 Speaker 11: This is a person that had iudied crime extensively and 634 00:39:02,800 --> 00:39:06,400 Speaker 11: knew what succeeded and what didn't succeed. So we're not 635 00:39:06,520 --> 00:39:09,719 Speaker 11: talking about a normal individual here. He knows our criminals think, 636 00:39:10,280 --> 00:39:10,440 Speaker 11: you know. 637 00:39:10,719 --> 00:39:13,839 Speaker 2: Joe Scott jumping off what Bill Slater said, I want 638 00:39:13,960 --> 00:39:18,080 Speaker 2: to talk about very quickly, the nav system. The twenty 639 00:39:18,360 --> 00:39:24,080 Speaker 2: fifteen Ilantra that Coburger was driving had an optional repeat 640 00:39:24,239 --> 00:39:27,840 Speaker 2: optional nav system navigation system, and we just saw what 641 00:39:27,920 --> 00:39:33,120 Speaker 2: a nav system can do in court with Alex murdog right, 642 00:39:33,520 --> 00:39:37,120 Speaker 2: it destroyed the defense placing him at the crime scene 643 00:39:37,360 --> 00:39:38,600 Speaker 2: at the time of the murders. 644 00:39:39,320 --> 00:39:42,560 Speaker 1: So what do you do with that? What can we 645 00:39:42,600 --> 00:39:43,640 Speaker 1: improve with the nav system? 646 00:39:43,719 --> 00:39:46,480 Speaker 10: Joe Scott, Well, when they do the data dump on 647 00:39:46,560 --> 00:39:50,279 Speaker 10: this thing, and again, you know, parse out all of 648 00:39:50,400 --> 00:39:54,680 Speaker 10: that information that the car is recording. There's no way 649 00:39:54,719 --> 00:39:57,360 Speaker 10: to really shut this thing off. It's going to be 650 00:39:57,560 --> 00:40:00,239 Speaker 10: I think that it's going to be damning information. It's 651 00:40:00,320 --> 00:40:04,280 Speaker 10: interesting that that did not come up in this alibi issue. 652 00:40:04,480 --> 00:40:06,399 Speaker 10: You know, we're talking about phones and all these sorts 653 00:40:06,440 --> 00:40:08,680 Speaker 10: of things. So I think that that's going to be 654 00:40:08,719 --> 00:40:12,880 Speaker 10: a big piece of this to validate, to validate their suppositions. 655 00:40:14,520 --> 00:40:17,000 Speaker 2: So we're waiting to find out if that Elantri did 656 00:40:17,120 --> 00:40:21,040 Speaker 2: have a NOV system. We're understanding that the twenty fifteen's 657 00:40:21,640 --> 00:40:25,120 Speaker 2: NOV system optional. But you know what, I think I'll 658 00:40:25,160 --> 00:40:27,640 Speaker 2: go out tonight and gaze at the mint of the 659 00:40:27,719 --> 00:40:31,000 Speaker 2: stars and try to figure it out. Let's stop and 660 00:40:31,160 --> 00:40:35,080 Speaker 2: remember American hero Lance Corporal Donovan Davis. 661 00:40:35,600 --> 00:40:36,640 Speaker 1: Just twenty one. 662 00:40:37,960 --> 00:40:41,680 Speaker 2: Lance Corporal Donovan Davis died in a helicopter crash with 663 00:40:41,840 --> 00:40:47,760 Speaker 2: four other Marines Feb Seven, twenty four. He leaves behind 664 00:40:47,960 --> 00:40:53,080 Speaker 2: a loving family, father, Greg, sister of Madison. American hero 665 00:40:53,560 --> 00:40:58,200 Speaker 2: Lance Corporal Donovan Davis. I want to thank all of 666 00:40:58,239 --> 00:41:00,920 Speaker 2: our guests for being with us tonight, but especially to 667 00:41:01,080 --> 00:41:04,600 Speaker 2: you for being with us tonight and every night. Nancy 668 00:41:04,680 --> 00:41:07,440 Speaker 2: Gray signing off I'll see you tomorrow night six, at 669 00:41:07,480 --> 00:41:09,160 Speaker 2: nine o'clock sharp Eastern end. 670 00:41:09,440 --> 00:41:11,640 Speaker 1: Until then, good night friend,