1 00:00:00,880 --> 00:00:02,559 Speaker 1: Crime Stories with Nancy Grace. 2 00:00:06,760 --> 00:00:12,440 Speaker 2: Brian Coberger is a death penalty showdown, demanding in court 3 00:00:12,800 --> 00:00:17,960 Speaker 2: his trial be moved to Liberal Boise. Good evening, I'm 4 00:00:18,000 --> 00:00:20,959 Speaker 2: Nancy Grace. This is Crime Stories. Thank you for being 5 00:00:21,000 --> 00:00:21,439 Speaker 2: with us. 6 00:00:21,880 --> 00:00:28,200 Speaker 3: Brian Coberger's defense files for a trial venue change, citing extensive, 7 00:00:28,360 --> 00:00:33,760 Speaker 3: ongoing and inflammatory publicity. Will the motion be successful? 8 00:00:33,960 --> 00:00:37,240 Speaker 1: Okay? He wants to move to liberal Boise. 9 00:00:37,880 --> 00:00:42,720 Speaker 2: Well, it's my understanding that Boise repeatedly votes in a 10 00:00:42,760 --> 00:00:43,839 Speaker 2: conservative manner. 11 00:00:44,040 --> 00:00:48,120 Speaker 1: So what's liberal about Boise? Well, first of all, listen 12 00:00:48,159 --> 00:00:48,400 Speaker 1: to this. 13 00:00:48,640 --> 00:00:55,040 Speaker 4: Our defense team firmly, and I mean firmly believes in 14 00:00:55,080 --> 00:00:59,120 Speaker 4: mister Coberger's in a sense, and right now he's being 15 00:00:59,240 --> 00:01:01,120 Speaker 4: held to have a trial. 16 00:01:01,000 --> 00:01:04,280 Speaker 5: In a county that believes that he is guilty. If 17 00:01:04,319 --> 00:01:07,880 Speaker 5: you deny a change of venue, mister Cooberger's constitutional right 18 00:01:07,959 --> 00:01:09,319 Speaker 5: to a fair trial is denied. 19 00:01:09,600 --> 00:01:12,520 Speaker 1: Demanding a change of venue. 20 00:01:13,480 --> 00:01:17,319 Speaker 2: Hold on just a moment before we get into the 21 00:01:17,400 --> 00:01:20,399 Speaker 2: legalities of Brian Coberger demanding a change of venue in 22 00:01:20,400 --> 00:01:23,720 Speaker 2: a death penalty showdown. Straight out to Joe Scott Morgan, 23 00:01:23,959 --> 00:01:27,920 Speaker 2: Professor of Forensics, Jacksonville State University, author of Blood Beneath 24 00:01:27,959 --> 00:01:31,520 Speaker 2: My feet on Amazon, host of a hit series Bodybags 25 00:01:31,520 --> 00:01:35,840 Speaker 2: with Joe Scott Morgan. I can go on, but Joe 26 00:01:35,840 --> 00:01:41,640 Speaker 2: Scott Morgan, you had a really interesting insight about moving 27 00:01:42,240 --> 00:01:46,000 Speaker 2: the trial to boys. Everybody may wonder why am I 28 00:01:46,000 --> 00:01:50,880 Speaker 2: asking for expert a legal question, but hold your horses, 29 00:01:51,000 --> 00:01:52,040 Speaker 2: Joe Scott jump in. 30 00:01:52,240 --> 00:01:54,960 Speaker 6: Yeah, all the forensic pathologist has to do is grab 31 00:01:55,000 --> 00:01:57,600 Speaker 6: their car keys and drive right down the street or 32 00:01:57,600 --> 00:02:01,360 Speaker 6: maybe even walk across the street, because that's where the 33 00:02:01,400 --> 00:02:06,040 Speaker 6: autopsies were actually done on the four victims, and so 34 00:02:06,360 --> 00:02:08,000 Speaker 6: it's not going to be a real heavy lift for 35 00:02:08,040 --> 00:02:11,840 Speaker 6: them and have them there. And just imagine that, just 36 00:02:11,880 --> 00:02:14,960 Speaker 6: for a second, Nancy, this idea that they're going to 37 00:02:15,000 --> 00:02:20,560 Speaker 6: move this venue there where these four beautiful children were 38 00:02:20,600 --> 00:02:24,960 Speaker 6: actually examined after the brutality that they sustained allegedly at 39 00:02:25,000 --> 00:02:26,000 Speaker 6: Coburger's hands. 40 00:02:26,000 --> 00:02:27,560 Speaker 1: Howard Bloom joining us. 41 00:02:27,800 --> 00:02:31,080 Speaker 2: You probably know him very well by now, all of 42 00:02:31,120 --> 00:02:35,200 Speaker 2: you legal eagles, because I sure do. I felt like 43 00:02:35,240 --> 00:02:38,079 Speaker 2: I knew before I ever actually met him on air, 44 00:02:38,120 --> 00:02:41,600 Speaker 2: because he's the author of When the Night Comes Falling, 45 00:02:42,080 --> 00:02:45,720 Speaker 2: a requiem for the Idaho student murders. You can find 46 00:02:45,760 --> 00:02:49,960 Speaker 2: him at Howard Bloom dot com that's spelled b Lum Howard. 47 00:02:50,040 --> 00:02:51,639 Speaker 2: What do you make of the change of venue motion. 48 00:02:51,840 --> 00:02:55,680 Speaker 7: I think it's a very cynical move by the defense. 49 00:02:55,880 --> 00:02:59,200 Speaker 7: What they're trying to do, ultimately is by time. Whether 50 00:02:59,240 --> 00:03:02,600 Speaker 7: the trial takes place in Moscow, where it should take place, 51 00:03:02,800 --> 00:03:07,320 Speaker 7: where the community needs to have its literally wounds healed, 52 00:03:08,080 --> 00:03:10,120 Speaker 7: or it takes place in Boise is not going to 53 00:03:10,160 --> 00:03:15,520 Speaker 7: make a difference to the verdict. Whether the forensic xectisameters 54 00:03:15,600 --> 00:03:19,240 Speaker 7: can get there quicker or they have to drive several 55 00:03:19,240 --> 00:03:20,960 Speaker 7: hours to get there, that doesn't. 56 00:03:20,600 --> 00:03:21,440 Speaker 8: Make a difference. 57 00:03:21,520 --> 00:03:23,600 Speaker 7: It's all going to come down to the evidence. 58 00:03:23,800 --> 00:03:27,200 Speaker 2: Well, one thing about when you have the medical examiner 59 00:03:27,240 --> 00:03:31,160 Speaker 2: sitting right across the street, there may be a certain 60 00:03:31,240 --> 00:03:36,240 Speaker 2: familiarity amongst the population with that medical examiner. I know 61 00:03:36,240 --> 00:03:38,840 Speaker 2: who our medical examiner is. But I want you to 62 00:03:38,920 --> 00:03:42,440 Speaker 2: listen very carefully to what Coburger's defense attorney, An Taylor 63 00:03:42,480 --> 00:03:44,280 Speaker 2: says one more time. 64 00:03:44,680 --> 00:03:51,000 Speaker 4: Our defense team firmly, and I mean firmly, believes in 65 00:03:51,080 --> 00:03:55,120 Speaker 4: mister Coberger's in a sense, and right now he's being 66 00:03:55,240 --> 00:03:58,880 Speaker 4: held to have a trial in a county that believes 67 00:03:59,000 --> 00:03:59,880 Speaker 4: that he is guilty. 68 00:04:00,160 --> 00:04:03,640 Speaker 5: If you deny a change of venue. Mister Coberger's constitutional 69 00:04:03,720 --> 00:04:05,280 Speaker 5: right to a fair trial is Tony. 70 00:04:05,480 --> 00:04:10,480 Speaker 2: She believes that firmly. Okay, what does the prosecution say. 71 00:04:10,560 --> 00:04:14,120 Speaker 9: Listen, we at least owe Leaytak County, people of Lake 72 00:04:14,200 --> 00:04:17,839 Speaker 9: Talk County, the attempt to see the journey here first, 73 00:04:18,600 --> 00:04:20,599 Speaker 9: and not just relying on There's been a lot of publicity, 74 00:04:20,920 --> 00:04:22,960 Speaker 9: There's been a lot of polistic It's not re Moscow, 75 00:04:23,000 --> 00:04:26,880 Speaker 9: it's not Latah County, it's everywhere. So I don't think 76 00:04:26,920 --> 00:04:28,960 Speaker 9: that a change of venue is going to solve any 77 00:04:29,000 --> 00:04:33,120 Speaker 9: of these problems. And the state's position on venue is 78 00:04:33,320 --> 00:04:36,719 Speaker 9: that the case should be held here. It's a Layta 79 00:04:36,839 --> 00:04:41,360 Speaker 9: County case. We believe that we can select an appropriate 80 00:04:41,440 --> 00:04:43,440 Speaker 9: paneled jurors from La Tau County. 81 00:04:43,560 --> 00:04:49,120 Speaker 2: And believe it or not, coult Mom Lorie Valo, and 82 00:04:49,160 --> 00:04:54,479 Speaker 2: I believe her fourth husband, the prophet Chad Dabail, have 83 00:04:54,680 --> 00:04:57,720 Speaker 2: somehow reared their ugly as in the middle of the 84 00:04:57,800 --> 00:04:59,200 Speaker 2: Coburger prosecution list. 85 00:04:59,279 --> 00:05:01,920 Speaker 10: And experts believe the judge will have a hard time 86 00:05:01,960 --> 00:05:05,240 Speaker 10: denying the change of venue due to both extreme public 87 00:05:05,320 --> 00:05:09,039 Speaker 10: interest in the case and tight connections in Moscow to 88 00:05:09,120 --> 00:05:12,680 Speaker 10: both law enforcement and the University of Idaho. The recent 89 00:05:12,760 --> 00:05:15,719 Speaker 10: decisions to move both Lori Vallo and Chad Dave Belth 90 00:05:15,839 --> 00:05:19,880 Speaker 10: cases from Fremont to Ada County due to publicity may 91 00:05:19,920 --> 00:05:22,880 Speaker 10: further push the judge to side with Taylor and to 92 00:05:23,000 --> 00:05:24,960 Speaker 10: prove the change of venue. 93 00:05:24,600 --> 00:05:28,680 Speaker 2: Straight out to high profile lawyer in this jurisdiction. She 94 00:05:28,720 --> 00:05:33,480 Speaker 2: practices in both Idaho, Idaho and Utah. Stephanie Pitcher from 95 00:05:33,560 --> 00:05:38,560 Speaker 2: Parker Maconco Law firm. Stephanie who important for my purposes? 96 00:05:38,640 --> 00:05:41,520 Speaker 2: Former felony prosecutor Stephanie. 97 00:05:41,880 --> 00:05:44,919 Speaker 1: They always ask for a change a venue. 98 00:05:45,080 --> 00:05:49,600 Speaker 2: I'm not surprised, but given Boise's track record, I mean, 99 00:05:49,640 --> 00:05:51,800 Speaker 2: when you don't know a horse, look at the track record, 100 00:05:52,080 --> 00:05:52,920 Speaker 2: why do they. 101 00:05:52,800 --> 00:05:54,160 Speaker 1: Want to move to Boise? 102 00:05:54,279 --> 00:05:56,440 Speaker 2: Do you believe it's because they think they'll get a 103 00:05:56,520 --> 00:06:01,560 Speaker 2: better shot at a liberal jury. When I say liberal, 104 00:06:01,760 --> 00:06:04,039 Speaker 2: I'm not talking about who you're going to vote for. 105 00:06:04,440 --> 00:06:09,760 Speaker 2: I'm talking about how you view the system, Like for instance, Stephanie. 106 00:06:09,920 --> 00:06:13,200 Speaker 2: No way, when I put somebody on the jury that 107 00:06:13,279 --> 00:06:16,560 Speaker 2: didn't have a job, or that did not had not 108 00:06:16,880 --> 00:06:22,240 Speaker 2: had a job, or was not retired. If I had 109 00:06:22,360 --> 00:06:24,520 Speaker 2: a stay at home mom, usually they wanted to get 110 00:06:24,560 --> 00:06:26,760 Speaker 2: off the jury pool. Because they were worried sick about 111 00:06:26,800 --> 00:06:29,919 Speaker 2: their child. But if I had one, I wanted one 112 00:06:29,960 --> 00:06:31,320 Speaker 2: that had worked before. 113 00:06:31,600 --> 00:06:33,520 Speaker 1: Why, Because they have. 114 00:06:33,520 --> 00:06:36,719 Speaker 2: A sense of duty, They show up on time, they 115 00:06:36,839 --> 00:06:39,520 Speaker 2: do their job. I don't want somebody that sits at 116 00:06:39,560 --> 00:06:43,679 Speaker 2: home watching cartoons all day, you know, eating pop tarts, 117 00:06:44,000 --> 00:06:47,160 Speaker 2: not interested. I don't want anybody that's had a run 118 00:06:47,160 --> 00:06:51,480 Speaker 2: in with police before, that has been prosecuted, convicted, or 119 00:06:51,560 --> 00:06:54,920 Speaker 2: has a dear loved one that has been prosecuted or convicted. 120 00:06:55,200 --> 00:06:57,000 Speaker 2: I mean, there are a lot, there's a lot that 121 00:06:57,080 --> 00:06:58,960 Speaker 2: goes into picking a jury. 122 00:06:59,200 --> 00:07:01,800 Speaker 1: So what is there? What are they up to, Stephanie? 123 00:07:01,800 --> 00:07:04,080 Speaker 11: Sure, yeah, And I'll add it's not just how someone 124 00:07:04,120 --> 00:07:06,120 Speaker 11: sees the system, but it may also be how these 125 00:07:06,120 --> 00:07:08,760 Speaker 11: individuals view the death penalty. And I certainly think that 126 00:07:08,760 --> 00:07:12,560 Speaker 11: that has something to do with their thinking. But ultimately, 127 00:07:12,600 --> 00:07:14,280 Speaker 11: I think what the defense is hoping for is a 128 00:07:14,360 --> 00:07:17,800 Speaker 11: larger jury pool, a larger community of people to pull 129 00:07:17,840 --> 00:07:20,760 Speaker 11: from in order to potentially see the jury. And all 130 00:07:20,760 --> 00:07:22,160 Speaker 11: of those things are going to come out in for 131 00:07:22,240 --> 00:07:25,560 Speaker 11: a dire If individual has been previously convicted, if they 132 00:07:25,600 --> 00:07:28,360 Speaker 11: have a relationship with law enforcement, and so the defense 133 00:07:28,480 --> 00:07:31,360 Speaker 11: is hoping that they have a larger pool of people 134 00:07:31,400 --> 00:07:33,680 Speaker 11: to pull from in order to try to see it 135 00:07:33,680 --> 00:07:34,840 Speaker 11: a fair and impartial You. 136 00:07:34,880 --> 00:07:37,560 Speaker 2: Mean the defense wants a larger pool of dead bates 137 00:07:37,680 --> 00:07:40,560 Speaker 2: to pick to put on the jury. I hear you, 138 00:07:40,680 --> 00:07:43,520 Speaker 2: loud and clear, Stephanie Pitcher joining me, And you may 139 00:07:43,600 --> 00:07:46,160 Speaker 2: wonder first it was Joe Scott Morgan. Now she's asking 140 00:07:47,000 --> 00:07:50,600 Speaker 2: renound psychiatrist about jury selection. Yes I am, and I'll 141 00:07:50,600 --> 00:07:53,800 Speaker 2: tell you why with me, Doctor Angela Arnold, renounced psychiatrist 142 00:07:53,920 --> 00:07:57,560 Speaker 2: joining us out of the Atlanta jurisdiction at Angelo Arnold, MD. 143 00:07:58,400 --> 00:08:01,480 Speaker 2: There's no way I'll suggest you can judge a book 144 00:08:01,880 --> 00:08:04,440 Speaker 2: by its cover, because I know a lot better than that. 145 00:08:05,200 --> 00:08:08,480 Speaker 2: But we have a limited time, and of what dire. 146 00:08:08,880 --> 00:08:12,920 Speaker 2: We can't find out everything about everybody. We have to 147 00:08:12,960 --> 00:08:14,840 Speaker 2: trust our gut. We have to look at what we 148 00:08:15,040 --> 00:08:18,080 Speaker 2: know about that person, which is precious little, before we 149 00:08:18,120 --> 00:08:20,200 Speaker 2: put them in the box, the jury box. 150 00:08:20,520 --> 00:08:23,680 Speaker 1: So if I have some woman coming in with her 151 00:08:23,760 --> 00:08:25,880 Speaker 1: military outfit on, and. 152 00:08:25,960 --> 00:08:27,880 Speaker 2: I know that she's made it up to what, let's 153 00:08:27,880 --> 00:08:32,840 Speaker 2: just say, lieutenant, I know she shows up, she focuses, she. 154 00:08:32,960 --> 00:08:40,120 Speaker 1: Does her job. She's used to reaching a decision up. 155 00:08:40,040 --> 00:08:44,720 Speaker 2: Against some dead long haired dead bee, doesn't have a job, 156 00:08:44,960 --> 00:08:49,160 Speaker 2: hasn't had a job, smells like cigarette smoke, looks stoned. Yeah, 157 00:08:49,559 --> 00:08:50,720 Speaker 2: I'm picking her well. 158 00:08:50,760 --> 00:08:54,800 Speaker 12: And also Nancy, the person that you just described will 159 00:08:54,880 --> 00:08:59,680 Speaker 12: All is also more used to speaking to other people 160 00:09:00,280 --> 00:09:05,520 Speaker 12: and listening to other people's opinions and developing an opinion 161 00:09:05,679 --> 00:09:10,360 Speaker 12: based on the evidence that's presented. If if someone is 162 00:09:10,559 --> 00:09:14,160 Speaker 12: chosen from the jury pool that, as you said, sits 163 00:09:14,200 --> 00:09:16,240 Speaker 12: in front of the TV all day, doesn't really have 164 00:09:16,320 --> 00:09:18,840 Speaker 12: a lot of interaction with other people in the community, 165 00:09:20,000 --> 00:09:23,880 Speaker 12: then they are not accustomed to talking to other people 166 00:09:24,080 --> 00:09:27,600 Speaker 12: and coming up with a decision. Okay, they don't know how. 167 00:09:27,760 --> 00:09:31,280 Speaker 12: They don't know how to interact and listen to other 168 00:09:31,360 --> 00:09:35,319 Speaker 12: people's opinions and form a decision on their own. I 169 00:09:35,400 --> 00:09:36,959 Speaker 12: think that would be a I think that would be 170 00:09:36,960 --> 00:09:39,480 Speaker 12: a major problem. And that's why they that's why we 171 00:09:39,600 --> 00:09:41,679 Speaker 12: fill out those forms before we go to a jury 172 00:09:42,040 --> 00:09:45,640 Speaker 12: to see what our background is, because that's what they're 173 00:09:45,720 --> 00:09:48,760 Speaker 12: looking for. People that are you know, people that are 174 00:09:48,800 --> 00:09:51,480 Speaker 12: out there every day that can actually come together and 175 00:09:51,679 --> 00:09:52,600 Speaker 12: form a decision. 176 00:09:52,720 --> 00:09:55,520 Speaker 2: Well, another thing is, and I know I'm going to 177 00:09:55,559 --> 00:09:58,160 Speaker 2: be attacked online by throwing out stereotypes. 178 00:09:58,440 --> 00:10:00,959 Speaker 1: Believe me, I put on plenty of people on the 179 00:10:01,080 --> 00:10:04,400 Speaker 1: jury with long hair that looked scraggly. 180 00:10:04,480 --> 00:10:08,680 Speaker 2: But I liked what they said in Vadier, which coincidentally 181 00:10:08,760 --> 00:10:12,600 Speaker 2: means to speak the truth. I felt that I connected 182 00:10:12,640 --> 00:10:15,080 Speaker 2: with them. There was something about them, something that they 183 00:10:15,280 --> 00:10:19,760 Speaker 2: said that made me think, that's the juror I want. 184 00:10:20,520 --> 00:10:20,679 Speaker 1: Now. 185 00:10:20,960 --> 00:10:23,360 Speaker 2: There, of course, is the time that I put a 186 00:10:23,520 --> 00:10:30,520 Speaker 2: convicted bank robber on a bank robbery trial. Unbeknownst to me, 187 00:10:30,640 --> 00:10:33,120 Speaker 2: I found out after I'd already struck the jury and 188 00:10:33,240 --> 00:10:34,880 Speaker 2: it was too late to have them thrown off. I 189 00:10:34,960 --> 00:10:39,920 Speaker 2: had lost my opportunity. We got a conviction. But that said, again, 190 00:10:40,000 --> 00:10:44,720 Speaker 2: you cannot judge a book by its cover. But maybe 191 00:10:44,800 --> 00:10:48,480 Speaker 2: they're doing this Stephanie Piccher, a high profile trial lawyer, 192 00:10:49,080 --> 00:10:53,040 Speaker 2: because it's their best shot. Think about this, Okay, again, 193 00:10:53,440 --> 00:10:57,959 Speaker 2: this is not about politics, which I hate politics. Fifty 194 00:10:59,480 --> 00:11:03,400 Speaker 2: point four percent went Trump, forty six point five percent 195 00:11:03,520 --> 00:11:04,959 Speaker 2: went Biden in Boise. 196 00:11:05,080 --> 00:11:07,440 Speaker 1: So it's pretty close, but interesting. 197 00:11:07,920 --> 00:11:12,000 Speaker 2: Forty eight nearly forty nine thousand Democrats one hundred and 198 00:11:12,080 --> 00:11:13,439 Speaker 2: six thousand Republicans. 199 00:11:13,679 --> 00:11:15,080 Speaker 1: Does that tell me much? 200 00:11:15,720 --> 00:11:20,959 Speaker 2: Actually no, because your views on crime very often do 201 00:11:21,160 --> 00:11:25,200 Speaker 2: not mesh with your views on politics. But maybe they're 202 00:11:25,320 --> 00:11:31,079 Speaker 2: thinking Stephanie, Hey, yes it's conservative in Boise, but it's 203 00:11:31,160 --> 00:11:36,840 Speaker 2: more liberal than it is where the murders occurred in Moscow. 204 00:11:37,080 --> 00:11:39,480 Speaker 11: Yeah, that's certainly true. I definitely think that's part of 205 00:11:39,520 --> 00:11:40,320 Speaker 11: the consideration for. 206 00:11:40,400 --> 00:11:49,319 Speaker 1: Them crime stories with Nancy Grace. 207 00:11:54,120 --> 00:11:59,160 Speaker 2: Guys, we also have to deal with the fight against 208 00:12:00,160 --> 00:12:05,480 Speaker 2: the death penalty in this particular jurisdiction of Idaho. It 209 00:12:05,800 --> 00:12:10,800 Speaker 2: is extremely rare for a death penalty sentence to be 210 00:12:11,040 --> 00:12:14,320 Speaker 2: handed down. As a matter of fact that on trial, 211 00:12:14,400 --> 00:12:18,080 Speaker 2: lawyers will tell you the state is seeking the death penalty, 212 00:12:18,760 --> 00:12:22,440 Speaker 2: it may thwart even getting a guilty conviction. 213 00:12:23,080 --> 00:12:26,439 Speaker 13: Listen, the death penalty is extremely rare in Idaho, and 214 00:12:26,559 --> 00:12:29,400 Speaker 13: it is carried out even more rarely. There have only 215 00:12:29,520 --> 00:12:32,760 Speaker 13: been three successful executions in the state since the federal 216 00:12:32,800 --> 00:12:36,520 Speaker 13: government lifted a ban on capital punishment in nineteen seventy six. 217 00:12:37,000 --> 00:12:40,120 Speaker 13: Those sentenced to death are automatically granted a post conviction 218 00:12:40,320 --> 00:12:43,920 Speaker 13: review and an appeal opportunity. Their cases often go before 219 00:12:44,000 --> 00:12:46,640 Speaker 13: the Supreme Court to confirm the capital punishment. 220 00:12:46,840 --> 00:12:52,320 Speaker 2: By now, legal battle being waged in the courtroom. First 221 00:12:52,400 --> 00:12:57,520 Speaker 2: ever change a venue to liberal Boise their words, not mine, 222 00:12:58,080 --> 00:13:01,640 Speaker 2: and the fight over the death penalty. 223 00:13:01,400 --> 00:13:05,160 Speaker 14: Listen Coberger's defense team has until September seventh to file 224 00:13:05,240 --> 00:13:08,040 Speaker 14: their motion to strike the death penalty, and Taylor has 225 00:13:08,080 --> 00:13:10,880 Speaker 14: frequently argued that the state is withholding evidence and she 226 00:13:11,000 --> 00:13:12,959 Speaker 14: may do so again in an attempt to borrow a 227 00:13:13,040 --> 00:13:16,800 Speaker 14: death penalty sentence. The jury must be death penalty qualified 228 00:13:16,920 --> 00:13:21,199 Speaker 14: and must find one aggravating circumstance exists in the four 229 00:13:21,320 --> 00:13:24,960 Speaker 14: victims deaths. The jury must come to a unanimous decision 230 00:13:25,000 --> 00:13:26,480 Speaker 14: to inflict the capital punishment. 231 00:13:26,880 --> 00:13:32,320 Speaker 2: What is an aggravating circumstance is a circumstance in death 232 00:13:32,360 --> 00:13:36,760 Speaker 2: penalty cases that may or may not exist in other cases, 233 00:13:36,920 --> 00:13:40,319 Speaker 2: such as, the victim is a child, the victim is 234 00:13:40,400 --> 00:13:44,000 Speaker 2: a senior, you killed a police officer, you killed a 235 00:13:44,440 --> 00:13:45,920 Speaker 2: judge or a politician. 236 00:13:46,440 --> 00:13:49,400 Speaker 1: You committed mass murder, in other words, more than one body. 237 00:13:49,840 --> 00:13:54,520 Speaker 2: Your case was particularly heinous as it compares to other cases. 238 00:13:55,040 --> 00:13:58,920 Speaker 2: You killed someone for a pecuniary or money interest, you 239 00:13:59,520 --> 00:14:04,920 Speaker 2: lie in weight which shows cold blood, or you committed 240 00:14:04,920 --> 00:14:08,960 Speaker 2: a murder in the commission of another felony such as rape, 241 00:14:09,440 --> 00:14:13,800 Speaker 2: armed robbery. Those are a few aggravating circumstances that are 242 00:14:13,880 --> 00:14:18,160 Speaker 2: recognized across the country by DP death penalty states. To 243 00:14:18,400 --> 00:14:21,440 Speaker 2: Chris mcdonnah joining me, director at the Cold Case Foundation, 244 00:14:21,600 --> 00:14:26,640 Speaker 2: former homicide detective with under over three hundred homicide investigations 245 00:14:26,720 --> 00:14:29,120 Speaker 2: under his belt. I found him where he's the host 246 00:14:29,120 --> 00:14:33,840 Speaker 2: of a YouTube channel, the Interview Room. On this case, 247 00:14:34,360 --> 00:14:38,400 Speaker 2: Chris McDonough, After you have given your blood, sweat and 248 00:14:38,560 --> 00:14:43,360 Speaker 2: tears literally on a homicide investigation, how does it feel 249 00:14:43,400 --> 00:14:46,000 Speaker 2: to sit back and watch the lawyers go at it 250 00:14:46,200 --> 00:14:51,160 Speaker 2: in the courtroom over change of venue or arguing against 251 00:14:51,240 --> 00:14:53,840 Speaker 2: the death penalty in a death penalty state? 252 00:14:54,360 --> 00:14:57,000 Speaker 1: How does that make law enforcement feel? 253 00:14:57,080 --> 00:14:57,680 Speaker 7: You know, nancry? 254 00:14:57,960 --> 00:15:01,240 Speaker 8: At times it can be very frustrating. But then the 255 00:15:01,360 --> 00:15:03,480 Speaker 8: other side of the coin is if the defense is 256 00:15:03,640 --> 00:15:07,480 Speaker 8: completely off the rails, I mean moving to boise, they 257 00:15:07,560 --> 00:15:11,040 Speaker 8: obviously haven't done their homework yet. Because that in the 258 00:15:11,120 --> 00:15:14,640 Speaker 8: law enforcement community is called the blue dot. And what 259 00:15:14,800 --> 00:15:18,040 Speaker 8: I mean by that there are so many retired law 260 00:15:18,120 --> 00:15:23,760 Speaker 8: enforcement officers living in that jurisdiction. Good luck getting an 261 00:15:23,800 --> 00:15:27,120 Speaker 8: impartial jury. So when you start hearing stuff like that, 262 00:15:27,320 --> 00:15:30,240 Speaker 8: you kind of get a little hope that the defense 263 00:15:30,360 --> 00:15:32,040 Speaker 8: is really headed in the wrong direction. 264 00:15:32,280 --> 00:15:36,240 Speaker 2: You know, I've never heard that phrase before the description 265 00:15:36,720 --> 00:15:40,200 Speaker 2: the blue dot. Of course, you know, Chris mcdone. One 266 00:15:40,200 --> 00:15:42,680 Speaker 2: of the first questions the defense is going to ask 267 00:15:42,960 --> 00:15:46,160 Speaker 2: is are any of you or anyone. 268 00:15:45,960 --> 00:15:49,280 Speaker 1: Close to you in law enforcement. Have you ever heard 269 00:15:49,320 --> 00:15:50,800 Speaker 1: that question? Asked hearing for Dyer. 270 00:15:51,000 --> 00:15:54,880 Speaker 8: Absolutely absolutely. In fact, I used to tell all my friends, 271 00:15:54,960 --> 00:15:57,320 Speaker 8: tell them you know me and you'll get out of 272 00:15:57,440 --> 00:15:57,960 Speaker 8: jury duty. 273 00:15:58,320 --> 00:16:03,080 Speaker 2: Tee. I've never said anything like that. But that said, 274 00:16:04,040 --> 00:16:09,160 Speaker 2: what more do we know about the death penalty and Idaho? 275 00:16:09,320 --> 00:16:13,560 Speaker 1: We know it's extremely rare. We know that it is 276 00:16:14,800 --> 00:16:16,040 Speaker 1: conducted with the needle. 277 00:16:17,760 --> 00:16:23,560 Speaker 2: We know that if the drugs for execution by lethal injection, 278 00:16:23,640 --> 00:16:27,440 Speaker 2: which is the needle, are not obtained, you don't have the. 279 00:16:27,560 --> 00:16:31,840 Speaker 1: Drugs to make that work, which there's a shortage. 280 00:16:31,960 --> 00:16:38,120 Speaker 2: By the way, the alternative is firing squad to Joe 281 00:16:38,160 --> 00:16:42,720 Speaker 2: Scott Morgan, tell me about the drugs necessary to perform 282 00:16:42,840 --> 00:16:45,120 Speaker 2: a death penalty execution by lethal injection. 283 00:16:45,800 --> 00:16:49,960 Speaker 6: Well, in Idaho they actually use pheno barbitol, which has 284 00:16:50,280 --> 00:16:53,520 Speaker 6: traditionally been used as an anti seizure medication, but it 285 00:16:53,680 --> 00:16:57,480 Speaker 6: has lethal effects when given in the proper dosages. And 286 00:16:57,640 --> 00:17:01,040 Speaker 6: when they talk about these cocktails, what they're saying is 287 00:17:01,320 --> 00:17:03,480 Speaker 6: and this goes to this idea of cruel and and 288 00:17:03,680 --> 00:17:06,840 Speaker 6: you know, cruel and unusual. They will give the individual 289 00:17:07,040 --> 00:17:10,960 Speaker 6: kind of a sedative beforehand. It's like a precursor to 290 00:17:11,200 --> 00:17:14,640 Speaker 6: anesthesia that'll kind of put them in this relaxed state 291 00:17:14,840 --> 00:17:17,359 Speaker 6: where they're kind of in a dream like state, and 292 00:17:17,480 --> 00:17:21,080 Speaker 6: then they'll push the phena barb at that point in time. 293 00:17:21,240 --> 00:17:23,480 Speaker 6: And you know, you hear these accounts with people that 294 00:17:23,560 --> 00:17:26,280 Speaker 6: are in the death chamber or the reporters that are 295 00:17:26,320 --> 00:17:28,440 Speaker 6: on the side of the glass and they're saying, well, 296 00:17:28,560 --> 00:17:31,959 Speaker 6: he began to labor in breathing this sort of thing. 297 00:17:32,080 --> 00:17:34,440 Speaker 6: We could hear it, you know, and he started snoring. 298 00:17:34,520 --> 00:17:35,440 Speaker 1: You hear that a lot. 299 00:17:36,440 --> 00:17:39,359 Speaker 6: And then all of a sudden they go to sleep 300 00:17:39,440 --> 00:17:42,399 Speaker 6: at that point in time, and it's it's almost in 301 00:17:42,480 --> 00:17:44,399 Speaker 6: a comato state until their heart stops. 302 00:17:44,720 --> 00:17:46,879 Speaker 1: Scott, are you telling me they basically fall asleep. 303 00:17:47,160 --> 00:17:50,800 Speaker 6: Yeah, to a certain degree. Just anybody that's ever undergoing surgery, 304 00:17:50,920 --> 00:17:53,800 Speaker 6: you know where you have that kind of dark, you know, 305 00:17:54,480 --> 00:17:57,359 Speaker 6: moment that kind of washes over you where you have 306 00:17:57,480 --> 00:17:58,240 Speaker 6: no memory of it. 307 00:17:58,359 --> 00:18:00,879 Speaker 2: Now, that has never happened to me, Joe Scott Morgan, 308 00:18:01,000 --> 00:18:03,879 Speaker 2: I say, this is not going to work. But okay 309 00:18:04,320 --> 00:18:08,720 Speaker 2: four three, two one, and then I say, well, aren't 310 00:18:08,720 --> 00:18:09,680 Speaker 2: we starting. 311 00:18:09,480 --> 00:18:12,520 Speaker 1: And it's over. That's what happens to me. There's no 312 00:18:13,000 --> 00:18:14,760 Speaker 1: in between. That's terrifil. 313 00:18:15,000 --> 00:18:19,400 Speaker 2: So you're saying that with the lethal cocktail lethal injection, 314 00:18:20,359 --> 00:18:24,280 Speaker 2: the defendant will basically fall asleep. Could you, and I'm 315 00:18:24,280 --> 00:18:27,840 Speaker 2: going to follow this up with Howard Bloom and Chris McDonough, 316 00:18:27,880 --> 00:18:32,320 Speaker 2: could you just tell me, could you give me the dichotomy, 317 00:18:32,720 --> 00:18:37,400 Speaker 2: the comparison to what these four young. 318 00:18:37,359 --> 00:18:38,640 Speaker 1: Students went through. 319 00:18:38,840 --> 00:18:41,120 Speaker 2: And you know, Joe Scott, my children are all looking 320 00:18:41,160 --> 00:18:43,879 Speaker 2: at colleges right now, and every time I think about 321 00:18:43,920 --> 00:18:48,080 Speaker 2: this case, I think about in two years they would 322 00:18:48,160 --> 00:18:57,840 Speaker 2: be where these four beautiful students were in school, happy, happy, happy, 323 00:18:59,280 --> 00:19:04,600 Speaker 2: pursuing their dreams, their lives before them. What happened to them, 324 00:19:04,720 --> 00:19:08,719 Speaker 2: Joe Scott, They didn't just fall asleep and never wake up. 325 00:19:09,080 --> 00:19:13,560 Speaker 6: No, No, the dichotomy is I think probably an understatement. 326 00:19:13,880 --> 00:19:17,640 Speaker 6: It's it's a harsh reality. Uh, this is a brutal, 327 00:19:17,840 --> 00:19:20,520 Speaker 6: brutal event that took place, Nancy, and even as a 328 00:19:20,560 --> 00:19:23,240 Speaker 6: college professor now at the stage in my life, I've 329 00:19:23,320 --> 00:19:26,159 Speaker 6: had a hard time getting past those events because my 330 00:19:26,320 --> 00:19:30,080 Speaker 6: town where I teach it's very similar to Moscow, and 331 00:19:30,200 --> 00:19:33,800 Speaker 6: so I view these students and I you know, it's 332 00:19:33,840 --> 00:19:35,840 Speaker 6: hard for me not to reflect on this, but it 333 00:19:36,000 --> 00:19:39,400 Speaker 6: was absolute the height of brutality that all of these 334 00:19:39,520 --> 00:19:45,480 Speaker 6: kids went through, and compared to what might happen in 335 00:19:45,600 --> 00:19:49,359 Speaker 6: the event that a death penalty is rendered here and 336 00:19:49,520 --> 00:19:53,080 Speaker 6: that they would eventually ever follow through with it, it's 337 00:19:53,520 --> 00:19:59,000 Speaker 6: it's very very merciful compared to what these kids went through, Dancy, 338 00:19:59,160 --> 00:20:03,200 Speaker 6: and that would be, well, you're talking about multiple sharp 339 00:20:03,280 --> 00:20:07,439 Speaker 6: force injuries with these kids to what we understand at 340 00:20:07,480 --> 00:20:10,440 Speaker 6: this point, and you know, one of the things I've 341 00:20:10,440 --> 00:20:13,960 Speaker 6: always reflected on, Nancy, is that is that with sharp 342 00:20:14,000 --> 00:20:16,920 Speaker 6: force injuries, one of the things that occurs is that 343 00:20:17,119 --> 00:20:20,720 Speaker 6: our pain centers fire. Just imagine, if you will, that 344 00:20:20,880 --> 00:20:24,920 Speaker 6: every time that edged weapon touches the surface of the 345 00:20:24,960 --> 00:20:28,160 Speaker 6: skin and breaks it, there is another moment in time 346 00:20:28,480 --> 00:20:30,879 Speaker 6: where that pain center fires, and you've got multiple of 347 00:20:30,960 --> 00:20:34,560 Speaker 6: these firing all over. Not to mention the hopelessness that 348 00:20:34,680 --> 00:20:36,720 Speaker 6: you have that you're going to be able to escape this, 349 00:20:37,400 --> 00:20:40,520 Speaker 6: you can actually fill the warmth of your blood beginning 350 00:20:40,560 --> 00:20:44,520 Speaker 6: to leach out onto your skin you're breathing becomes labored, 351 00:20:44,600 --> 00:20:46,359 Speaker 6: but all the while you're trying to fight at a 352 00:20:46,440 --> 00:20:50,000 Speaker 6: primal level. This is one of the most horrific deaths 353 00:20:50,119 --> 00:20:53,560 Speaker 6: anybody can experience. I've worked a lot, a lot of 354 00:20:53,640 --> 00:20:56,399 Speaker 6: sharp force injury deaths over the course of my career, 355 00:20:56,960 --> 00:20:59,920 Speaker 6: and they are by far and I even compare this 356 00:21:00,119 --> 00:21:03,399 Speaker 6: to like shotgun wounds. They are by far far the 357 00:21:03,520 --> 00:21:07,520 Speaker 6: most brutal. I cannot begin and listen. I know why 358 00:21:08,080 --> 00:21:10,919 Speaker 6: bringing us back to the jury, I know why they 359 00:21:11,000 --> 00:21:13,680 Speaker 6: want to try to escape the original site that this 360 00:21:13,880 --> 00:21:18,760 Speaker 6: happened in, because when the jury actually sees Nancy, those 361 00:21:18,840 --> 00:21:22,560 Speaker 6: images from the interior of this structure, and they see 362 00:21:22,680 --> 00:21:27,800 Speaker 6: what was done to these kids, their mouth will open. 363 00:21:28,520 --> 00:21:31,320 Speaker 1: They will be aghast at what they're seeing. 364 00:21:31,480 --> 00:21:33,040 Speaker 6: They are not going to be able to take the 365 00:21:33,119 --> 00:21:34,280 Speaker 6: measure of the brutality here. 366 00:21:35,040 --> 00:21:38,880 Speaker 3: Prosecutors plan to seek the death penalty for the accused 367 00:21:39,040 --> 00:21:40,840 Speaker 3: Idahost students murderer. 368 00:21:42,320 --> 00:21:46,600 Speaker 2: Battle is raging even as we are speaking. The death 369 00:21:46,680 --> 00:21:50,320 Speaker 2: penalty is being warred over in a court of law. 370 00:21:50,480 --> 00:21:55,320 Speaker 2: Legal briefs firing back and forth. Private investigators for the defense, 371 00:21:55,359 --> 00:21:58,360 Speaker 2: investigators for the prosecution, working. 372 00:21:58,280 --> 00:21:59,120 Speaker 1: Day and night. 373 00:21:59,680 --> 00:22:05,679 Speaker 2: Why to beat the Idaho death penalty, it is typically 374 00:22:05,800 --> 00:22:09,840 Speaker 2: death by needle, which is lethal injection. If those particular 375 00:22:09,960 --> 00:22:14,880 Speaker 2: drugs cannot be obtained, it will be death by firing squad. 376 00:22:15,080 --> 00:22:18,960 Speaker 1: Again, DPS and Idaho are few and far between. Listen. 377 00:22:19,160 --> 00:22:22,400 Speaker 10: Dennette gene Elg reports to police she has a prowler. 378 00:22:22,880 --> 00:22:26,040 Speaker 10: Days later, her mutilated body is found on her punctured 379 00:22:26,080 --> 00:22:30,600 Speaker 10: water bed. Dennette suffers fifteen stab wounds, but did manage 380 00:22:30,640 --> 00:22:34,880 Speaker 10: to inflict injury on her attacker, Richard Albert Levitt. After 381 00:22:35,000 --> 00:22:38,359 Speaker 10: killing Denette, Levitt removed her sexual organs, then goes to 382 00:22:38,480 --> 00:22:42,040 Speaker 10: the emergency room for his own wounds. Levitt's blood at 383 00:22:42,119 --> 00:22:45,399 Speaker 10: the scene becomes part of the evidence that convicts Levitt 384 00:22:45,480 --> 00:22:48,720 Speaker 10: and he is sentenced to death. Levitt spends nearly thirty 385 00:22:48,800 --> 00:22:51,600 Speaker 10: years on death row before the sentence is carried out 386 00:22:51,680 --> 00:22:55,720 Speaker 10: by lethal injection. June twelfth, twenty twelve, three. 387 00:22:55,640 --> 00:23:03,080 Speaker 2: Hot senecat daily bed changes with fresh linens, special meals. Okay, 388 00:23:03,800 --> 00:23:06,520 Speaker 2: he had thirty years of that, Joe Scott Morgan, Did 389 00:23:06,520 --> 00:23:12,720 Speaker 2: I hear that correctly? That he after killing Dennette he 390 00:23:13,119 --> 00:23:16,479 Speaker 2: then cut out her sex organs. 391 00:23:16,720 --> 00:23:20,520 Speaker 6: Yes, that's what you heard, and the height of brutality there. 392 00:23:21,200 --> 00:23:24,520 Speaker 6: And again this goes to this idea that he languished 393 00:23:24,960 --> 00:23:27,560 Speaker 6: on death row. And I think that a lot of people, 394 00:23:27,840 --> 00:23:30,200 Speaker 6: you know, might think, well, it's good that he languished. 395 00:23:30,240 --> 00:23:33,160 Speaker 6: But this is not going to be a quick process, 396 00:23:33,480 --> 00:23:35,760 Speaker 6: however you cut it, Nancy, It's just not going to 397 00:23:35,800 --> 00:23:38,200 Speaker 6: be quick. They're going to sit there for a protracted 398 00:23:38,280 --> 00:23:39,000 Speaker 6: period of time. 399 00:23:39,280 --> 00:23:39,680 Speaker 1: Languish. 400 00:23:39,840 --> 00:23:46,600 Speaker 2: I mean, got online girlfriends with funneled money, gained notoriety. 401 00:23:48,440 --> 00:23:50,960 Speaker 1: All right, if you call that languishing, I do not. 402 00:23:51,560 --> 00:23:53,040 Speaker 1: But that is the ilk. 403 00:23:54,040 --> 00:23:54,760 Speaker 7: That is the. 404 00:23:56,440 --> 00:24:01,040 Speaker 2: Person that lands on the Idaho death But hold on, 405 00:24:01,400 --> 00:24:04,120 Speaker 2: wait a minute, what about Paul Rhodes. 406 00:24:04,680 --> 00:24:05,000 Speaker 1: Listen? 407 00:24:05,240 --> 00:24:09,120 Speaker 15: In twenty Days, meth addict Paul Rhodes puts Idaho residents 408 00:24:09,160 --> 00:24:12,320 Speaker 15: in a state of fear. February twenty eighth, twenty one 409 00:24:12,400 --> 00:24:15,200 Speaker 15: year old Stacy Baldwin is abducted while working at a 410 00:24:15,280 --> 00:24:19,920 Speaker 15: convenience store in Blackfoot. On March seventeenth, Idaho falls convenience 411 00:24:19,960 --> 00:24:23,200 Speaker 15: store clerk twenty three year old Nolan Hadden's body is 412 00:24:23,280 --> 00:24:26,959 Speaker 15: found in the stores walking cooler. Two days later, special 413 00:24:27,160 --> 00:24:31,400 Speaker 15: education teacher Susan Mickelbacker is abducted in a parking lot, 414 00:24:31,880 --> 00:24:35,280 Speaker 15: driven to a rural area, raped and shot nine times. 415 00:24:35,920 --> 00:24:38,760 Speaker 15: Rhodes is convicted and sentenced to death for the murders 416 00:24:38,800 --> 00:24:42,440 Speaker 15: of Mickelbacker and Baldwin. More than twenty years later, Paul 417 00:24:42,560 --> 00:24:45,200 Speaker 15: Ezra Rhodes is put to death by lethal injection. 418 00:24:45,440 --> 00:24:45,960 Speaker 1: Think about it. 419 00:24:46,880 --> 00:24:50,800 Speaker 2: This, twenty three year old Nolan Hadden is just working 420 00:24:50,840 --> 00:24:53,119 Speaker 2: at a convenience store when. 421 00:24:53,000 --> 00:24:55,240 Speaker 1: He is ambushed by Rhodes. 422 00:24:55,560 --> 00:25:01,320 Speaker 2: Then a special ed teacher, a beloved special teacher, Susan 423 00:25:01,400 --> 00:25:07,200 Speaker 2: Michel Baker, abducted in a parking lot, textbook, driven to 424 00:25:07,280 --> 00:25:12,080 Speaker 2: a rural area, brutally raped, brutally raped, and then shot 425 00:25:12,840 --> 00:25:18,640 Speaker 2: nine times. Okay, Paul Ezra Rhodes, of course, righten, hail, 426 00:25:19,160 --> 00:25:23,520 Speaker 2: But then there's the poster boy for the Idaho death 427 00:25:23,600 --> 00:25:24,720 Speaker 2: penalty listen. 428 00:25:24,960 --> 00:25:28,200 Speaker 13: Chad Dabell, now convicted and sentenced to death for the 429 00:25:28,280 --> 00:25:31,040 Speaker 13: murders of his first wife, Timmy Dabell, and his second 430 00:25:31,080 --> 00:25:34,639 Speaker 13: wife's two children, Tylie Ryan and jj Vellow, may have 431 00:25:34,760 --> 00:25:37,800 Speaker 13: a long wait on death row. Dave Bell has yet 432 00:25:37,880 --> 00:25:40,119 Speaker 13: to be transferred to death row and is entitled to 433 00:25:40,200 --> 00:25:43,639 Speaker 13: a post conviction review and at least one appeal opportunity. 434 00:25:43,720 --> 00:25:47,040 Speaker 13: When his death Warren is signed. The appeal process typically 435 00:25:47,119 --> 00:25:49,920 Speaker 13: goes on for years. The average length of stay before 436 00:25:50,040 --> 00:25:53,560 Speaker 13: execution in Idaho is currently more than twenty seven years. 437 00:25:55,080 --> 00:25:57,120 Speaker 2: That's a long time for me to foot the bill 438 00:25:57,240 --> 00:26:01,120 Speaker 2: for these people. When you think about Chad Dave Bell, 439 00:26:01,560 --> 00:26:06,840 Speaker 2: we immediately think of little JJ and his teen sister Tylie, 440 00:26:06,880 --> 00:26:09,960 Speaker 2: whose body was rendered down like an animal at a 441 00:26:10,040 --> 00:26:12,760 Speaker 2: slaughter house to a bucket of skin and fat. 442 00:26:14,680 --> 00:26:15,359 Speaker 1: Let me let that. 443 00:26:15,440 --> 00:26:18,320 Speaker 2: Sink k in for just a moment. But then there's 444 00:26:18,440 --> 00:26:24,879 Speaker 2: his wife, Tammy Dave Bell also murdered. Why so he 445 00:26:25,000 --> 00:26:30,720 Speaker 2: could sleep with Coltwaum Laurie vallow his pickup line, Hey, 446 00:26:30,920 --> 00:26:32,879 Speaker 2: we were married in a previous life, so we might 447 00:26:32,920 --> 00:26:36,520 Speaker 2: as well go to the motel now him? Yes, him, 448 00:26:37,160 --> 00:26:43,840 Speaker 2: death penalty Idaho. So what about this case? With those 449 00:26:43,960 --> 00:26:48,240 Speaker 2: cases ringing in their ears? The defense team for Brian 450 00:26:48,359 --> 00:26:53,280 Speaker 2: Coburger fighting tooth and nail to defeat the death penalty. 451 00:26:53,600 --> 00:26:57,400 Speaker 2: But reality check before we get bogged down again, no offense, 452 00:26:57,440 --> 00:27:02,399 Speaker 2: Stephanie picture with the legalities of the death penalty. To 453 00:27:02,520 --> 00:27:06,639 Speaker 2: Howard Bloom, author of When the Night Comes Falling, a 454 00:27:06,800 --> 00:27:11,680 Speaker 2: new book chuck full of research about the Brian Coburger murders. 455 00:27:12,119 --> 00:27:15,440 Speaker 1: Excuse me, alegend murders, Howard. 456 00:27:16,119 --> 00:27:20,280 Speaker 2: I would like you and Chris to explain what the 457 00:27:20,560 --> 00:27:26,000 Speaker 2: victims went through before they bled out dead. 458 00:27:26,760 --> 00:27:31,679 Speaker 1: Howard, it was a extremely violent and brutal crime. 459 00:27:32,119 --> 00:27:36,960 Speaker 7: Consider the suspect went into the third floor bedroom and 460 00:27:37,200 --> 00:27:38,359 Speaker 7: found Maddie. 461 00:27:38,600 --> 00:27:41,080 Speaker 8: I believe she was awoken from sleep. 462 00:27:41,200 --> 00:27:46,120 Speaker 7: Imagine being awakened from a deep sleep and then by 463 00:27:46,640 --> 00:27:51,119 Speaker 7: a man above you with a knife. He slaughters her 464 00:27:51,520 --> 00:27:54,600 Speaker 7: and then Kelly, though at this point is awake. She 465 00:27:54,800 --> 00:27:58,080 Speaker 7: tries to escape. She goes to the back of the 466 00:27:58,240 --> 00:28:02,160 Speaker 7: small room. She's wedged up again the bed. She has 467 00:28:02,200 --> 00:28:04,960 Speaker 7: her hands up, she's fighting her father has says like 468 00:28:05,119 --> 00:28:09,520 Speaker 7: a tiger. She succumbs to her wounds. The killer then walks. 469 00:28:09,320 --> 00:28:11,160 Speaker 8: Down this narrow staircase. 470 00:28:11,200 --> 00:28:15,719 Speaker 7: He goes onto the second floor and there is Ethan 471 00:28:15,880 --> 00:28:18,760 Speaker 7: to confront him. They've heard the noise, they've heard the 472 00:28:18,840 --> 00:28:22,920 Speaker 7: door barking. Before Ethan can say anything, he slashed in 473 00:28:23,000 --> 00:28:28,200 Speaker 7: the neck with the knife, and then, most chillingly, the 474 00:28:28,359 --> 00:28:32,800 Speaker 7: killer says to Zena, don't worry, I'm not going to 475 00:28:32,920 --> 00:28:33,200 Speaker 7: hurt you. 476 00:28:33,600 --> 00:28:34,520 Speaker 8: But he does hurt her. 477 00:28:34,920 --> 00:28:38,360 Speaker 7: She has defensive wounds. There's a knife wound right through 478 00:28:38,440 --> 00:28:44,440 Speaker 7: her palm. She's really fighting for her life, but she 479 00:28:44,680 --> 00:28:47,920 Speaker 7: quickly succumbs, and then the killer then begins to. 480 00:28:48,200 --> 00:28:48,960 Speaker 8: Leave the house. 481 00:28:49,440 --> 00:28:51,040 Speaker 7: It happens very quickly. 482 00:28:51,520 --> 00:28:52,560 Speaker 8: It's very brutal. 483 00:28:52,680 --> 00:28:57,080 Speaker 7: But imagine being anyone awakened from your deep sleep and 484 00:28:57,160 --> 00:28:59,360 Speaker 7: being confronted by a man holding a knife. 485 00:28:59,520 --> 00:29:04,960 Speaker 2: Christ Again, director of Cole Case's Foundation, but for my purposes, 486 00:29:05,280 --> 00:29:11,440 Speaker 2: the star of YouTube channel interview Room, former homicide detect 487 00:29:11,480 --> 00:29:17,000 Speaker 2: of three hundred plus homicide investigations under his belt. You know, 488 00:29:17,440 --> 00:29:21,000 Speaker 2: you have been to so many homicide scenes, as says 489 00:29:21,120 --> 00:29:25,040 Speaker 2: Joe Scott, explain what these victims went through when we're 490 00:29:25,160 --> 00:29:34,520 Speaker 2: talking about a death penalty felon basically falling to sleep, 491 00:29:34,720 --> 00:29:43,640 Speaker 2: and I what these four victims lived through is almost indescribable. 492 00:29:44,160 --> 00:29:52,640 Speaker 2: The blood literally pouring down the sides of the house. Explain, 493 00:29:52,800 --> 00:29:55,719 Speaker 2: Chris mcdonnald, you and I have been to this scene. 494 00:29:56,200 --> 00:29:59,680 Speaker 2: Describe what happened to these four students. 495 00:30:00,080 --> 00:30:04,000 Speaker 8: Yeah, Nancy, you are one thousand percent correct. I mean, 496 00:30:04,200 --> 00:30:08,000 Speaker 8: if we think about the brutality of the horror that 497 00:30:08,280 --> 00:30:11,120 Speaker 8: took place in that house, and to the point where 498 00:30:11,160 --> 00:30:14,840 Speaker 8: they had to destroy the house, which I think is 499 00:30:14,840 --> 00:30:18,600 Speaker 8: a mistake. But that aside. Imagine, you know, put yourself 500 00:30:18,640 --> 00:30:20,680 Speaker 8: into the let's go to the third floor for a 501 00:30:20,760 --> 00:30:26,120 Speaker 8: moment and put ourselves into that room. The two victims 502 00:30:26,160 --> 00:30:31,360 Speaker 8: are sleeping, they are obviously attacked brutally, and that was 503 00:30:31,480 --> 00:30:35,160 Speaker 8: what was taking place on both floors inside of that 504 00:30:35,400 --> 00:30:39,200 Speaker 8: house to the point where today he gets to sit 505 00:30:39,360 --> 00:30:43,000 Speaker 8: back to your point and lean over to the defense 506 00:30:43,120 --> 00:30:47,520 Speaker 8: counsel and say whatever he says. But those those victims 507 00:30:47,800 --> 00:30:54,200 Speaker 8: had no way of ever ever getting their say outside 508 00:30:54,240 --> 00:30:55,600 Speaker 8: of the prosecution office. 509 00:30:55,680 --> 00:31:06,000 Speaker 3: Now, if the judge grants a change of venue, will 510 00:31:06,120 --> 00:31:10,840 Speaker 3: Brian Coburger face a more conservative jury? How would travel 511 00:31:10,920 --> 00:31:14,000 Speaker 3: to a new location affect proceedings. 512 00:31:14,960 --> 00:31:18,160 Speaker 2: Another stumbling block for the state is going to be 513 00:31:18,720 --> 00:31:25,400 Speaker 2: just how one person, Brian Coburger managed to overcome not 514 00:31:25,600 --> 00:31:29,720 Speaker 2: one to three, but four victims. One thing I'd like 515 00:31:29,840 --> 00:31:34,200 Speaker 2: to point out to you, Joseph Scott Morgan, Professor Forensics, 516 00:31:34,920 --> 00:31:38,480 Speaker 2: is that, yes, according to the state, he murdered four people, 517 00:31:39,280 --> 00:31:43,040 Speaker 2: but two of them were actually all four of. 518 00:31:43,080 --> 00:31:45,400 Speaker 1: Them were one at a time. 519 00:31:45,840 --> 00:31:49,320 Speaker 2: His victims were asleep or going to sleep, in the 520 00:31:49,440 --> 00:31:53,960 Speaker 2: dark in their beds, unarmed when he comes in, and 521 00:31:54,320 --> 00:31:57,520 Speaker 2: of course two of the victims were sleeping together, but 522 00:31:57,640 --> 00:32:01,480 Speaker 2: he killed one as the other there still lie in 523 00:32:01,600 --> 00:32:07,040 Speaker 2: the bed, and then her. So it's not one against four. 524 00:32:07,520 --> 00:32:11,800 Speaker 2: That is a misconception. Every murder was one on one. 525 00:32:12,600 --> 00:32:15,760 Speaker 2: Explain how did he pull it off? Because I've heard 526 00:32:15,800 --> 00:32:19,560 Speaker 2: it over and over and over by talking heads, say how. 527 00:32:19,520 --> 00:32:21,680 Speaker 1: Did he pull it off? One person kills four? It 528 00:32:21,840 --> 00:32:25,080 Speaker 1: wasn't like that. It was a series of one on ones. 529 00:32:25,360 --> 00:32:28,400 Speaker 6: Yeah, he's got the element of surprise here. And you're 530 00:32:28,440 --> 00:32:32,520 Speaker 6: talking about these college the college kids that are in 531 00:32:32,640 --> 00:32:34,920 Speaker 6: this I'm not going to say dream like state, but 532 00:32:35,400 --> 00:32:37,560 Speaker 6: you know how it is when and particularly if you've 533 00:32:37,880 --> 00:32:39,760 Speaker 6: if you've been out on the town, you have any 534 00:32:39,800 --> 00:32:43,920 Speaker 6: outcol in your system, you're laid back, you're relaxed, and 535 00:32:44,280 --> 00:32:48,760 Speaker 6: all of a sudden, some demonic force almost sets upon you, 536 00:32:49,480 --> 00:32:53,160 Speaker 6: and so you have no idea what's happening at that 537 00:32:53,320 --> 00:32:56,080 Speaker 6: moment in time. So for each one of these individuals, 538 00:32:56,520 --> 00:32:59,440 Speaker 6: if you've got an individual that is completely sober, they're 539 00:32:59,480 --> 00:33:01,880 Speaker 6: focused on what they're doing, and they show up with 540 00:33:02,000 --> 00:33:05,360 Speaker 6: a weapon at the scene, like this weapon, because it's 541 00:33:05,440 --> 00:33:08,480 Speaker 6: unlike any other kind that's out there, relative to a 542 00:33:08,560 --> 00:33:12,320 Speaker 6: combat knife, it's very particular and they know what they're doing, 543 00:33:13,040 --> 00:33:15,479 Speaker 6: then yeah, it's possible to pull it off one by 544 00:33:15,640 --> 00:33:17,880 Speaker 6: one and they're not going to put up much of 545 00:33:17,920 --> 00:33:21,720 Speaker 6: a defense other than that initial strike where they're aware 546 00:33:22,000 --> 00:33:24,360 Speaker 6: that they are being struck. But at that point, Tom, 547 00:33:24,440 --> 00:33:25,160 Speaker 6: it's too late. 548 00:33:25,440 --> 00:33:31,360 Speaker 2: But to you, Chris McDonald joining us from our homicide detective, 549 00:33:32,960 --> 00:33:35,920 Speaker 2: the defense is going to argue, no blood in the car, 550 00:33:36,800 --> 00:33:40,000 Speaker 2: no blood on his clothes or shoes found at the home, 551 00:33:40,680 --> 00:33:44,640 Speaker 2: no murder weapon, So how did he pull it off? 552 00:33:45,040 --> 00:33:48,840 Speaker 1: Like Joe Scott Morgan just explain, but yet not have 553 00:33:48,960 --> 00:33:49,920 Speaker 1: any bloody evidence. 554 00:33:50,160 --> 00:33:52,280 Speaker 8: Well, you know, that's a great point, but there's no 555 00:33:52,800 --> 00:33:58,880 Speaker 8: clothing discovered or recovered. There was some type of you know, 556 00:33:59,240 --> 00:34:02,720 Speaker 8: blood evidence that was recovered at his apartment. We don't know. 557 00:34:03,320 --> 00:34:05,720 Speaker 8: Remember they did a search warrn over at as apartment 558 00:34:06,200 --> 00:34:09,440 Speaker 8: and I think it was on a pillow or a 559 00:34:09,680 --> 00:34:13,760 Speaker 8: bedsheet of some sort a comforter where they had tested 560 00:34:13,920 --> 00:34:16,680 Speaker 8: positive for blood. We don't know what the results of 561 00:34:16,760 --> 00:34:23,560 Speaker 8: that tests are to this point, however, that may be problematic. 562 00:34:24,120 --> 00:34:27,040 Speaker 8: Then of course we have the sheath right where we 563 00:34:27,200 --> 00:34:31,240 Speaker 8: have the CNA match on that button. As Doc Morgan 564 00:34:31,400 --> 00:34:35,560 Speaker 8: has pointed, out numerous occasions to that k bar knife. 565 00:34:36,000 --> 00:34:39,520 Speaker 8: So the fact that we don't have any quote, physical 566 00:34:39,640 --> 00:34:44,280 Speaker 8: evidence initially in terms of the information that we provided 567 00:34:44,680 --> 00:34:47,920 Speaker 8: doesn't mean it doesn't exist yet. And so I think 568 00:34:47,960 --> 00:34:50,799 Speaker 8: the defense also has to be very careful when they 569 00:34:50,880 --> 00:34:53,759 Speaker 8: go out and they start putting information like that out 570 00:34:53,880 --> 00:34:56,840 Speaker 8: into the public arena, because it could come back to 571 00:34:56,880 --> 00:34:57,160 Speaker 8: bite them. 572 00:34:57,239 --> 00:34:58,960 Speaker 1: Because another is she let's go to Howard. 573 00:34:58,760 --> 00:35:03,600 Speaker 2: Bloom and Stephan and Angela jump in for Pete's sake. 574 00:35:04,040 --> 00:35:08,600 Speaker 2: But to you, Howard Bloom, it's not so much the 575 00:35:09,520 --> 00:35:15,280 Speaker 2: evidence is deficient. What about the lack of certain other evidence. 576 00:35:15,360 --> 00:35:19,399 Speaker 2: In other words, we know he ordered that k bar 577 00:35:19,520 --> 00:35:23,239 Speaker 2: knife and sheath because we have the Amazon record that 578 00:35:23,440 --> 00:35:26,520 Speaker 2: he ordered it, and they probably have a search history 579 00:35:26,560 --> 00:35:29,960 Speaker 2: trying to find just the right knife. We have the 580 00:35:30,200 --> 00:35:33,440 Speaker 2: exact same sheath at the crime scene. So where's a knife? 581 00:35:33,760 --> 00:35:34,040 Speaker 7: You know what? 582 00:35:34,440 --> 00:35:37,719 Speaker 2: My husband, I know it's not romantic, gave me a 583 00:35:37,880 --> 00:35:40,840 Speaker 2: butcher block of fancy knives. 584 00:35:41,160 --> 00:35:46,520 Speaker 1: Okay, So why would I get rid of one of them? 585 00:35:46,960 --> 00:35:48,480 Speaker 1: Why would one of them. 586 00:35:49,000 --> 00:35:51,200 Speaker 2: Other than my ninety two year old mother putting it 587 00:35:51,280 --> 00:35:53,640 Speaker 2: down the disposal in the kitchen. 588 00:35:53,880 --> 00:35:56,520 Speaker 1: Other than that, why would I get rid of a knife. 589 00:35:56,560 --> 00:35:59,200 Speaker 1: We've got the lack of that knife. What did he 590 00:35:59,320 --> 00:36:01,160 Speaker 1: do with it? And why we know he. 591 00:36:01,480 --> 00:36:08,600 Speaker 2: Ordered that Dicky's like a repairman's uniform. We have the receipt, 592 00:36:08,840 --> 00:36:09,719 Speaker 2: we know he did it. 593 00:36:10,440 --> 00:36:10,920 Speaker 1: Where is it? 594 00:36:11,400 --> 00:36:14,120 Speaker 2: Why did he get rid of it? So the lack 595 00:36:14,280 --> 00:36:17,320 Speaker 2: of certain evidence must be taken into account. But my 596 00:36:17,480 --> 00:36:21,600 Speaker 2: question to you redirecting is a stumbling WoT. How did 597 00:36:21,680 --> 00:36:24,840 Speaker 2: he do it? One against four? And how did he 598 00:36:25,760 --> 00:36:27,880 Speaker 2: get away with it? Where's the evidence? 599 00:36:28,360 --> 00:36:30,280 Speaker 8: What we're missing is specifics. 600 00:36:30,600 --> 00:36:32,920 Speaker 7: But what you have to see is that all the 601 00:36:33,080 --> 00:36:36,920 Speaker 7: pieces of the evidence, when they're merged together, form a 602 00:36:37,120 --> 00:36:40,600 Speaker 7: very coherent hole. And all the evidence that you've cited, 603 00:36:40,760 --> 00:36:44,000 Speaker 7: there's one piece that you've left out. After he was arrested, 604 00:36:44,320 --> 00:36:48,359 Speaker 7: they did a cheek swab of his DNA. This cheek 605 00:36:48,400 --> 00:36:53,799 Speaker 7: swab taken directly from him, matched the DNA taken from 606 00:36:53,840 --> 00:36:56,960 Speaker 7: the button of the knife sheath. So all these specific 607 00:36:57,080 --> 00:37:02,359 Speaker 7: pieces form a coherent hole. And the defense will try 608 00:37:02,400 --> 00:37:06,319 Speaker 7: to impugne as you have said, the DNA, they'll try 609 00:37:06,400 --> 00:37:10,560 Speaker 7: to impune the telephone of triangulations. But when it all 610 00:37:10,760 --> 00:37:15,200 Speaker 7: comes together, the evidence, I feel is overwhelming, and that's 611 00:37:15,280 --> 00:37:18,879 Speaker 7: why they're so concerned about the death penalty. That's also 612 00:37:18,960 --> 00:37:20,120 Speaker 7: why I believe they're trying to. 613 00:37:20,200 --> 00:37:22,240 Speaker 8: Move the venue, not that they think they'll. 614 00:37:22,080 --> 00:37:25,480 Speaker 7: Get a better trial elsewhere in the state. They're trying 615 00:37:25,560 --> 00:37:26,319 Speaker 7: to buy time. 616 00:37:26,480 --> 00:37:28,480 Speaker 8: This is a very cynical strategy. 617 00:37:28,640 --> 00:37:30,839 Speaker 2: And another thing about Howard Bloom's book, When the Night 618 00:37:30,920 --> 00:37:34,480 Speaker 2: Comes Falling, a Requiem for the Idaho student murders, he 619 00:37:34,600 --> 00:37:38,719 Speaker 2: and I got a ton of hate mail online the 620 00:37:38,880 --> 00:37:42,600 Speaker 2: last time he discussed his book. Let me tell you something. 621 00:37:42,640 --> 00:37:46,759 Speaker 2: He didn't just make all that up. He sourced everything 622 00:37:46,880 --> 00:37:49,320 Speaker 2: he wrote in that book. Now, if you disagree with him, fine, 623 00:37:50,040 --> 00:37:50,759 Speaker 2: but this is not. 624 00:37:51,000 --> 00:37:55,120 Speaker 1: Siction that he wrote. And When the Night Comes Falling there's. 625 00:37:54,920 --> 00:37:58,640 Speaker 7: An unarticulated premise in all of this. A lot of 626 00:37:58,760 --> 00:38:02,759 Speaker 7: people from Hollywood came into the town of Moscow, a 627 00:38:02,880 --> 00:38:05,440 Speaker 7: lot of other authors. There's a lot of money being 628 00:38:05,560 --> 00:38:08,680 Speaker 7: thrown around. A lot of people were offered deals. I 629 00:38:08,880 --> 00:38:12,000 Speaker 7: thought about giving money to people involved in the case, 630 00:38:12,120 --> 00:38:15,640 Speaker 7: but as a New York Times reporter, ultimately it didn't 631 00:38:15,800 --> 00:38:16,560 Speaker 7: sit right with me. 632 00:38:16,719 --> 00:38:18,200 Speaker 8: I just didn't want to roll that way. 633 00:38:18,520 --> 00:38:21,440 Speaker 7: But now people feel that if I'm telling this story, 634 00:38:21,760 --> 00:38:24,000 Speaker 7: they are losing their business. 635 00:38:24,239 --> 00:38:25,000 Speaker 8: Opportunity. 636 00:38:25,200 --> 00:38:27,799 Speaker 1: Oh so the genesis of some of your hate mail. 637 00:38:28,120 --> 00:38:31,560 Speaker 2: Okay, Stephanie Pitcher joining me, high profile lawyer in this 638 00:38:31,760 --> 00:38:35,480 Speaker 2: jurisdiction of Idaho and Utah. By the way, Stephanie, the 639 00:38:37,239 --> 00:38:41,160 Speaker 2: import of what's missing. It's not just okay, my mom 640 00:38:41,239 --> 00:38:43,520 Speaker 2: stuck one of my brand new knives down the disposal 641 00:38:43,560 --> 00:38:47,359 Speaker 2: of the kitchen. That knife didn't prove anything. The things 642 00:38:47,400 --> 00:38:52,920 Speaker 2: that are missing out of Coburg's apartment are probative. They 643 00:38:53,120 --> 00:38:56,920 Speaker 2: prove something. So why are those things missing and nothing 644 00:38:56,960 --> 00:38:59,919 Speaker 2: else is missing? Why the knife that he just bought 645 00:39:00,040 --> 00:39:02,800 Speaker 2: on Amazon? Why is it missing? Why is the Dicky's 646 00:39:03,040 --> 00:39:05,560 Speaker 2: uniform that he just thought we've gotten the receipt? 647 00:39:05,719 --> 00:39:06,560 Speaker 1: Why is it missing. 648 00:39:06,920 --> 00:39:09,600 Speaker 2: It's not like I'm missing one of his own notebooks 649 00:39:09,600 --> 00:39:12,720 Speaker 2: from the eighth grade that proves nothing. The items missing 650 00:39:12,880 --> 00:39:14,400 Speaker 2: are probative, Stephanie. 651 00:39:14,560 --> 00:39:14,799 Speaker 1: Sure. 652 00:39:14,960 --> 00:39:17,400 Speaker 11: I mean, I think that this was not a random 653 00:39:17,440 --> 00:39:20,400 Speaker 11: attack or a random murder. He thought this out, and 654 00:39:20,520 --> 00:39:23,400 Speaker 11: evidence shows that the evidence shows that he turned off 655 00:39:23,440 --> 00:39:25,520 Speaker 11: his phone as he was driving, I mean, as he 656 00:39:25,600 --> 00:39:26,480 Speaker 11: approached the scene. 657 00:39:27,680 --> 00:39:29,279 Speaker 1: He I think he has. 658 00:39:29,239 --> 00:39:31,480 Speaker 11: Taken several steps not only to plan this, but to 659 00:39:31,560 --> 00:39:33,480 Speaker 11: also cover it up. And that's what the evidence I 660 00:39:33,520 --> 00:39:35,239 Speaker 11: think suggests at least what the public has. 661 00:39:35,880 --> 00:39:42,160 Speaker 3: Brian Cooberger's defense files for a trial venue change, citing extensive, 662 00:39:42,360 --> 00:39:47,720 Speaker 3: ongoing and inflammatory publicity. Will the motion be successful? 663 00:39:48,239 --> 00:39:52,880 Speaker 2: Legal battle brewing as we go to Airton Doctor Angela Arnold, 664 00:39:53,120 --> 00:39:57,720 Speaker 2: psychiatrist out of the Atlanta jurisdiction, Doctor Angie, I find 665 00:39:58,440 --> 00:40:01,520 Speaker 2: those missing pe of evidence. 666 00:40:01,719 --> 00:40:04,680 Speaker 1: Very primitive to me. I mean, it could be argued, hey, 667 00:40:04,760 --> 00:40:08,080 Speaker 1: where's the murder weapon? And my response is, hey, why 668 00:40:08,120 --> 00:40:10,239 Speaker 1: did he throw away a brand new knife? Where did 669 00:40:10,280 --> 00:40:13,439 Speaker 1: that go? Where did that brand new uniform go? And more? 670 00:40:14,000 --> 00:40:17,760 Speaker 1: Explain the thinking behind that, Nancy. 671 00:40:17,840 --> 00:40:20,200 Speaker 12: It speaks to his state of mind through this, and 672 00:40:20,280 --> 00:40:21,960 Speaker 12: it speaks to the fact that he knew what he 673 00:40:22,160 --> 00:40:24,480 Speaker 12: was doing, and he knew that he had to get 674 00:40:24,480 --> 00:40:27,000 Speaker 12: away with it, and he had. And as some of 675 00:40:27,080 --> 00:40:30,240 Speaker 12: the previous guests have said, he planned this from start 676 00:40:30,680 --> 00:40:36,480 Speaker 12: to finish, and his ultimate mistake was leaving that knife 677 00:40:36,719 --> 00:40:39,960 Speaker 12: sheath at the scene, and that's what's going to get him. 678 00:40:40,280 --> 00:40:44,719 Speaker 12: But this shows that he planned every ounce of this. 679 00:40:45,200 --> 00:40:49,239 Speaker 2: We wait as justice unfolds in the Brian Coburger prosecution. 680 00:40:50,000 --> 00:40:52,080 Speaker 2: Nancy Gray signing off, Give thy Friend