1 00:00:05,960 --> 00:00:08,040 Speaker 1: Crime Stories with Nancy Grease. 2 00:00:12,880 --> 00:00:17,319 Speaker 2: Amidst all of the drama and the news be it 3 00:00:17,440 --> 00:00:22,840 Speaker 2: false or true, swirling around Brian Coburger now charging the 4 00:00:22,920 --> 00:00:29,600 Speaker 2: murders of four beautiful Idaho students. The big question right 5 00:00:29,640 --> 00:00:35,520 Speaker 2: now is will the state seek the death penalty? This 6 00:00:35,760 --> 00:00:42,080 Speaker 2: as more and more evidence seemingly bubbling up about prior 7 00:00:42,400 --> 00:00:47,199 Speaker 2: bad acts by Brian Coburger. Where it is whether it 8 00:00:47,280 --> 00:00:50,960 Speaker 2: is going into a colleague's home and rearranging her possessions 9 00:00:50,960 --> 00:00:56,080 Speaker 2: in order to get her to allow him to install Wi. 10 00:00:55,800 --> 00:00:59,080 Speaker 3: Fi security cams. 11 00:00:58,280 --> 00:01:05,200 Speaker 2: Or possibly taking a neighbor's underwear out of a suitcase, 12 00:01:05,240 --> 00:01:09,280 Speaker 2: is stuffing it in the door for car. The families 13 00:01:09,440 --> 00:01:14,480 Speaker 2: of the victims are reacting, But right now will the 14 00:01:14,560 --> 00:01:19,600 Speaker 2: state announce they are seeking the death penalty? I mean, see, Grace, 15 00:01:19,680 --> 00:01:22,080 Speaker 2: this is Crime Stories. Thank you for being with us 16 00:01:22,120 --> 00:01:26,000 Speaker 2: here at Fox Nation and series XM one eleven. First 17 00:01:26,000 --> 00:01:31,640 Speaker 2: of all, take a listen to former homicide prosecutor Matt Murphy. 18 00:01:31,840 --> 00:01:35,000 Speaker 4: I think this one is pretty clear. My guess is 19 00:01:35,000 --> 00:01:37,760 Speaker 4: he's seeking the death penalty. Now behind the scenes, what's happening, 20 00:01:37,760 --> 00:01:40,440 Speaker 4: and she's probably meeting with the defense and saying, show 21 00:01:40,520 --> 00:01:42,440 Speaker 4: me what you got to try to talk me out 22 00:01:42,480 --> 00:01:45,280 Speaker 4: of it. Prosecute under these circumstances will wear they aggravating 23 00:01:45,360 --> 00:01:50,680 Speaker 4: versus mitigating circumstances, And this case is so overwhelmingly awful, 24 00:01:50,760 --> 00:01:52,400 Speaker 4: for lack of a better term, I think there's going 25 00:01:52,440 --> 00:01:54,240 Speaker 4: to be a lot of pressure within the DA's office 26 00:01:54,280 --> 00:01:56,120 Speaker 4: to actually seek the death penalty on them. 27 00:01:55,960 --> 00:01:57,040 Speaker 3: With me an all star panel. 28 00:01:57,160 --> 00:01:59,880 Speaker 2: But first I want to go to a former chief 29 00:02:00,240 --> 00:02:07,320 Speaker 2: deputy prosecutor out of Idaho. This jurisdiction now with Building 30 00:02:07,600 --> 00:02:13,639 Speaker 2: Hope Today, a nonprofit to help teach new prosecutors how 31 00:02:13,680 --> 00:02:17,960 Speaker 2: to prosecute complex crimes. You can find Jean Fisher at 32 00:02:17,960 --> 00:02:20,519 Speaker 2: Building Hope todate dot org. Gene thank you for being 33 00:02:20,520 --> 00:02:23,399 Speaker 2: with us. You know, I was just listening to what 34 00:02:23,560 --> 00:02:27,200 Speaker 2: the former homicide prosecutor Matt Murphy said that the state 35 00:02:27,400 --> 00:02:31,000 Speaker 2: is going to the defense and saying, in his words, 36 00:02:31,040 --> 00:02:33,000 Speaker 2: show me what you've got taught me out of it? 37 00:02:33,280 --> 00:02:36,960 Speaker 2: In other words, do you have anything that is so 38 00:02:37,200 --> 00:02:40,799 Speaker 2: powerful it can make a jury return a not guilty 39 00:02:40,919 --> 00:02:44,880 Speaker 2: or hang? And if you do, I may take DP 40 00:02:45,200 --> 00:02:48,160 Speaker 2: off the table in exchange for a plea. I'm not 41 00:02:48,200 --> 00:02:52,400 Speaker 2: sure that's happening, but could you explain that process. I mean, 42 00:02:52,680 --> 00:02:56,639 Speaker 2: when I handle death penalty cases, I basically had the 43 00:02:56,639 --> 00:02:59,200 Speaker 2: defense lawyer saying, don't do it, don't do it, don't 44 00:02:59,200 --> 00:03:02,160 Speaker 2: do it. But they never showed me any reason not 45 00:03:02,360 --> 00:03:04,960 Speaker 2: to do it because they didn't want to tip their 46 00:03:04,960 --> 00:03:06,720 Speaker 2: hand about what their defense would be. 47 00:03:06,840 --> 00:03:10,400 Speaker 5: Right, So I think, I mean, I agree with them 48 00:03:10,400 --> 00:03:13,680 Speaker 5: that there probably is this conversation going on. Remember he's 49 00:03:13,800 --> 00:03:18,359 Speaker 5: already been in jail since January, and if I had 50 00:03:18,360 --> 00:03:22,320 Speaker 5: a fair guest, I wouldn't be surprised to find out 51 00:03:22,360 --> 00:03:27,000 Speaker 5: that the defenses may have already had him somebody lined up, 52 00:03:27,000 --> 00:03:29,280 Speaker 5: a psychologist or somebody lined up to come and visit 53 00:03:29,320 --> 00:03:30,880 Speaker 5: with him and talk to him. They don't have to 54 00:03:30,880 --> 00:03:34,480 Speaker 5: turn that over to the state, but they can tell 55 00:03:34,520 --> 00:03:37,040 Speaker 5: you that they're going to do that now. On the 56 00:03:37,120 --> 00:03:40,520 Speaker 5: last big murder case that I had in Idaho, which 57 00:03:40,600 --> 00:03:45,560 Speaker 5: was also a home intruder who came in murdered two 58 00:03:45,600 --> 00:03:48,000 Speaker 5: elderly people in their bed, plus their fifty four year 59 00:03:48,000 --> 00:03:51,000 Speaker 5: old son. I mean, that's what we did in all 60 00:03:51,040 --> 00:03:55,120 Speaker 5: of this prep time leaning up to and pastor grand jury, 61 00:03:55,280 --> 00:03:59,400 Speaker 5: was asking the defense, do you have any mitigating information, 62 00:03:59,760 --> 00:04:01,960 Speaker 5: many gating facts that you really think we ought to 63 00:04:02,000 --> 00:04:04,360 Speaker 5: know that would stand in the way of the death penalty. 64 00:04:05,280 --> 00:04:07,520 Speaker 5: And you know, if you can, if you can figure 65 00:04:07,520 --> 00:04:11,040 Speaker 5: that out in advance, you know it certainly behooves everybody. 66 00:04:11,080 --> 00:04:13,840 Speaker 5: And it depends on the relationship that the prosecutor has 67 00:04:13,920 --> 00:04:16,000 Speaker 5: with the public defender in this case as well. 68 00:04:16,080 --> 00:04:19,360 Speaker 2: Really interesting that you said that, Jane Fisher, because there 69 00:04:19,360 --> 00:04:22,400 Speaker 2: are certain lawyers defense lawyers when I saw them come 70 00:04:22,560 --> 00:04:25,359 Speaker 2: and go oh no, here comes a big fat lie. 71 00:04:25,640 --> 00:04:27,760 Speaker 3: They're going to lie to my face and expect me 72 00:04:27,800 --> 00:04:28,799 Speaker 3: to plead down a case. 73 00:04:29,480 --> 00:04:32,640 Speaker 2: I've even had a defense attorney when his client didn't 74 00:04:32,640 --> 00:04:36,839 Speaker 2: show up for calendar call, got another person standing out 75 00:04:36,920 --> 00:04:40,200 Speaker 2: in the hall come in and pretend to be his 76 00:04:40,320 --> 00:04:43,920 Speaker 2: client so his client wouldn't go into bondforth for turning 77 00:04:43,920 --> 00:04:47,599 Speaker 2: to get arrested. Luckily I had the bookend picture and 78 00:04:47,600 --> 00:04:51,960 Speaker 2: I'm like, Okay, that's not him. So some lawyers have 79 00:04:52,000 --> 00:04:55,039 Speaker 2: a reputation that you cannot trust. Then there were other 80 00:04:55,200 --> 00:04:58,200 Speaker 2: lawyers that would come down the hall and go, oh, great, 81 00:04:58,279 --> 00:05:01,799 Speaker 2: here comes x y Z. I bet they've got something 82 00:05:01,839 --> 00:05:05,360 Speaker 2: to tell me, and they would almost every time, and 83 00:05:05,400 --> 00:05:08,840 Speaker 2: it would affect the plea negotiation or whether you went 84 00:05:08,880 --> 00:05:11,360 Speaker 2: to trial with the case or took a plete. You're 85 00:05:11,440 --> 00:05:15,920 Speaker 2: absolutely right. We wonder what's happening behind the scenes. And 86 00:05:16,000 --> 00:05:22,320 Speaker 2: with me a homicide prosecutor, former chief deputy prosecutor from Idaho, 87 00:05:23,040 --> 00:05:27,880 Speaker 2: Jane Fisher, what are the aggravating circumstances in the Coburger 88 00:05:27,960 --> 00:05:33,120 Speaker 2: jurisdiction on which the prosecutor could seek the death penalty. 89 00:05:33,279 --> 00:05:36,400 Speaker 5: Well, in this case, it's clearly that there's more than 90 00:05:36,440 --> 00:05:41,120 Speaker 5: one murder. There's more than deliberation, I mean, more than premeditation. 91 00:05:41,800 --> 00:05:44,680 Speaker 5: There's certainly you're looking at the malice of forethought and 92 00:05:44,760 --> 00:05:47,720 Speaker 5: the manner in which the murders took place. I mean 93 00:05:47,960 --> 00:05:51,680 Speaker 5: looking at those four factors alone, you know all four 94 00:05:51,720 --> 00:05:58,120 Speaker 5: of them you can tick off, and that you know, 95 00:05:58,320 --> 00:06:00,920 Speaker 5: from the states point of view, the death penalty. As 96 00:06:00,920 --> 00:06:04,440 Speaker 5: far as the aggravating factors, I think it's really pretty clear. 97 00:06:05,120 --> 00:06:07,599 Speaker 5: But I think it's also really hard because they're working 98 00:06:07,640 --> 00:06:11,719 Speaker 5: with four different families, and even though the families in 99 00:06:11,720 --> 00:06:15,280 Speaker 5: and of themselves do not get to make the decision, 100 00:06:15,839 --> 00:06:18,680 Speaker 5: you know, they're, in my experience, they're going to listen 101 00:06:18,680 --> 00:06:22,640 Speaker 5: to the families, and it would be hard if you know, 102 00:06:23,160 --> 00:06:25,520 Speaker 5: two said yes and two said no. I mean the 103 00:06:25,600 --> 00:06:29,680 Speaker 5: idea that death penalview is such a visceral reaction to 104 00:06:29,760 --> 00:06:32,560 Speaker 5: what we want to have happen. But remember, if they 105 00:06:32,640 --> 00:06:35,800 Speaker 5: do go for it, it also means that they're all 106 00:06:35,839 --> 00:06:39,479 Speaker 5: in it together for the next, you know, twenty thirty years, 107 00:06:39,600 --> 00:06:42,159 Speaker 5: because death penalty cases just never end. 108 00:06:42,320 --> 00:06:42,599 Speaker 3: Guys. 109 00:06:42,600 --> 00:06:45,800 Speaker 2: We're talking about when and if the state is going 110 00:06:45,839 --> 00:06:49,000 Speaker 2: to announce they're seeking the death penalty. And you heard 111 00:06:49,080 --> 00:06:54,240 Speaker 2: Gene Fisher, a former chief deputy prosecutor in Ada County 112 00:06:54,279 --> 00:06:58,320 Speaker 2: there in Idaho. You earlier heard homicide prosecutors speaking to 113 00:06:58,320 --> 00:07:02,680 Speaker 2: our friends at Amuse Nation. Across the country, there are 114 00:07:02,960 --> 00:07:07,560 Speaker 2: what is called aggravating circumstances. In other words, if any 115 00:07:07,839 --> 00:07:12,800 Speaker 2: one or more of those circumstances exist, the state may 116 00:07:13,160 --> 00:07:16,000 Speaker 2: seek the death penalty. The most obvious one, as Jean 117 00:07:16,080 --> 00:07:19,119 Speaker 2: Fisher pointed out, is more than one body mass murder, 118 00:07:19,120 --> 00:07:22,480 Speaker 2: and many jurisdictions is more than one body, and here 119 00:07:22,840 --> 00:07:26,000 Speaker 2: there are four. Another one in many jurisdictions is whether 120 00:07:26,040 --> 00:07:30,760 Speaker 2: the defendant was lying in wait. Why does that matter? 121 00:07:31,560 --> 00:07:34,679 Speaker 2: If someone is, for instance, sitting outside your house waiting 122 00:07:34,720 --> 00:07:36,800 Speaker 2: for the right moment to break in and murder you, 123 00:07:38,240 --> 00:07:44,400 Speaker 2: that signifies that there is the cold blood factor. In 124 00:07:44,440 --> 00:07:46,840 Speaker 2: other words, they're not angry. You didn't get in a 125 00:07:46,880 --> 00:07:50,960 Speaker 2: fight in a bar. It's not a sudden heat of 126 00:07:51,000 --> 00:07:54,080 Speaker 2: the moment killing. They had time to think about it. 127 00:07:54,120 --> 00:07:58,360 Speaker 2: They had cold blood. In other words, they could have 128 00:07:58,480 --> 00:08:02,640 Speaker 2: rationalized their way out of the murders, which makes them, 129 00:08:02,760 --> 00:08:05,720 Speaker 2: in the eyes of many, more heinous. And then, of 130 00:08:05,760 --> 00:08:11,320 Speaker 2: course there's always the catch all, especially heinous, especially awful circumstances. 131 00:08:11,840 --> 00:08:13,360 Speaker 3: All of those are met here. 132 00:08:13,640 --> 00:08:19,320 Speaker 2: If what the state has suggested is true. The family 133 00:08:19,560 --> 00:08:23,240 Speaker 2: that Jeane Fisher brought up, the families involved here, what 134 00:08:23,320 --> 00:08:23,960 Speaker 2: do they want? 135 00:08:24,000 --> 00:08:25,440 Speaker 3: Well, we know what one family wants. 136 00:08:25,760 --> 00:08:30,960 Speaker 2: Take a listen to Shannon Gray then Salves, family lawyer 137 00:08:31,320 --> 00:08:32,319 Speaker 2: speaking to our friends. 138 00:08:32,080 --> 00:08:32,640 Speaker 3: In these nation. 139 00:08:32,880 --> 00:08:35,800 Speaker 6: Like every family, I think they want justice for the 140 00:08:35,880 --> 00:08:40,560 Speaker 6: deaths of their daughter and Maddie and Zena and Ethan. 141 00:08:40,840 --> 00:08:44,480 Speaker 6: So you know, it's part of the process. You know, 142 00:08:44,480 --> 00:08:47,800 Speaker 6: the tour claims. Notice that I filed is just standard procedure. 143 00:08:49,400 --> 00:08:52,720 Speaker 6: You know, we hope that everything went perfectly and everything 144 00:08:52,760 --> 00:08:55,440 Speaker 6: did everybody did the right things. But if for some 145 00:08:55,480 --> 00:08:58,800 Speaker 6: reason something went wrong or something someone might need to 146 00:08:58,800 --> 00:09:02,680 Speaker 6: be held accountable for some you're mandating to follow those 147 00:09:02,679 --> 00:09:06,920 Speaker 6: notices the Gounzavis family obviously supports the death penalty in 148 00:09:06,960 --> 00:09:07,400 Speaker 6: this case. 149 00:09:19,800 --> 00:09:21,880 Speaker 1: Time Stories with Nancy Grace. 150 00:09:23,960 --> 00:09:25,000 Speaker 3: Joining me right now. 151 00:09:25,320 --> 00:09:30,280 Speaker 2: Is the breaking news investigative reporter for the Washington Examiner. 152 00:09:30,800 --> 00:09:34,600 Speaker 2: You can find her on Twitter at Rachel Underscore Shilkey. 153 00:09:34,840 --> 00:09:40,280 Speaker 2: Rachel Shilkey is joining us. Rachel, what are they talking about? Specifically? 154 00:09:40,520 --> 00:09:45,040 Speaker 2: You hear the Gunsalvas family lawyer speaking about filing a 155 00:09:45,360 --> 00:09:48,640 Speaker 2: tort action against the state. 156 00:09:49,080 --> 00:09:50,360 Speaker 3: What are they talking about? 157 00:09:50,559 --> 00:09:53,000 Speaker 7: So basically what they're doing is they're putting in their 158 00:09:53,160 --> 00:09:56,560 Speaker 7: request that if the prosecutors decided they wanted to seek 159 00:09:56,600 --> 00:09:59,240 Speaker 7: the death penalty, they are saying that we are all 160 00:09:59,280 --> 00:10:01,080 Speaker 7: for it, basically a layman term. 161 00:10:01,280 --> 00:10:02,760 Speaker 3: That's very odd. 162 00:10:03,280 --> 00:10:07,920 Speaker 2: Jane Fisher, former felony prosecutor and the Idaho jurisdiction, the 163 00:10:07,920 --> 00:10:12,960 Speaker 2: Coburger jurisdiction. Why would you file a tort action a 164 00:10:13,080 --> 00:10:17,640 Speaker 2: civil action against the state, i e. The prosecutors in 165 00:10:17,679 --> 00:10:18,240 Speaker 2: this case? 166 00:10:18,600 --> 00:10:21,280 Speaker 5: You know, I don't know when I read that. It 167 00:10:21,440 --> 00:10:25,800 Speaker 5: surprised me in it and I mean it made me 168 00:10:25,840 --> 00:10:29,840 Speaker 5: a little sad. Is that it just it presumes in 169 00:10:29,880 --> 00:10:32,200 Speaker 5: this day and age that maybe I suppose that they 170 00:10:32,240 --> 00:10:36,360 Speaker 5: think if somebody did something wrong. Somebody is going to 171 00:10:36,400 --> 00:10:37,480 Speaker 5: pay for it somehow. 172 00:10:37,679 --> 00:10:40,280 Speaker 2: Oh you mean, like if the prosecutor screws up or 173 00:10:40,280 --> 00:10:43,400 Speaker 2: one of the homicide well, watch out, Chris McDonald, cause 174 00:10:43,400 --> 00:10:46,840 Speaker 2: I'm coming to the university, yeah, or the University of 175 00:10:46,880 --> 00:10:51,319 Speaker 2: Idaho or the University of Idaho or Washington State University police. 176 00:10:51,440 --> 00:10:54,000 Speaker 2: I guess I'd have to limit themselves to Idaho't think 177 00:10:54,000 --> 00:10:55,840 Speaker 2: they've gone to WSU. 178 00:10:55,920 --> 00:10:57,240 Speaker 3: Or the homicide detective. 179 00:10:58,040 --> 00:10:59,560 Speaker 2: I mean, I told you one time I had a 180 00:10:59,559 --> 00:11:04,559 Speaker 2: homicide detective fail to write his name on the outside 181 00:11:04,840 --> 00:11:08,160 Speaker 2: of the blood we use for the DNA comparison, and 182 00:11:08,240 --> 00:11:12,040 Speaker 2: the chain of custody could have been attacked, possibly successfully, 183 00:11:12,360 --> 00:11:15,560 Speaker 2: and right before Charle I had have redone again, same results. 184 00:11:15,760 --> 00:11:19,360 Speaker 2: But still it's an error like that. Is that where 185 00:11:19,360 --> 00:11:20,600 Speaker 2: you're talking about Jane Fisher? 186 00:11:20,960 --> 00:11:24,000 Speaker 5: I really don't know. I haven't really either. I haven't 187 00:11:24,040 --> 00:11:27,520 Speaker 5: heard of them of a defense of a victim's family 188 00:11:27,520 --> 00:11:29,840 Speaker 5: filing a tour just in case. 189 00:11:30,040 --> 00:11:31,839 Speaker 3: Just in case somebody screwed up. 190 00:11:32,000 --> 00:11:36,240 Speaker 2: Yeah, I've never heard of it before either, because a 191 00:11:36,320 --> 00:11:40,560 Speaker 2: gene when you go into court and you're prosecuting a case, 192 00:11:40,640 --> 00:11:45,280 Speaker 2: you're representing the victim and the people you're representing the state, 193 00:11:45,559 --> 00:11:47,600 Speaker 2: and I like to turn around and see the victim's 194 00:11:47,640 --> 00:11:51,080 Speaker 2: family on the front row. Now, there were cases where 195 00:11:51,120 --> 00:11:56,800 Speaker 2: they weren't. They didn't agree with me. Specifically, when an adult, 196 00:11:57,640 --> 00:12:01,480 Speaker 2: typically a male, was charged in murdering the mother, very 197 00:12:01,520 --> 00:12:04,160 Speaker 2: often the adult children refuse to believe it. They sit 198 00:12:04,200 --> 00:12:07,040 Speaker 2: over behind the father, they sit on the defense side, 199 00:12:07,320 --> 00:12:10,480 Speaker 2: And you know, you can't help that, and you've got 200 00:12:10,480 --> 00:12:12,800 Speaker 2: to go forward with what you believe is true. But 201 00:12:13,480 --> 00:12:17,280 Speaker 2: that's how does that strike you? I wonder if they're 202 00:12:17,320 --> 00:12:21,720 Speaker 2: concerned about any particular thing having gone wrong in the investigation. 203 00:12:21,960 --> 00:12:25,320 Speaker 5: I don't know if it clearly. I mean, I don't 204 00:12:25,360 --> 00:12:27,640 Speaker 5: know that it clearly says that. I just think it's 205 00:12:27,720 --> 00:12:31,440 Speaker 5: the state of where we are today in litigation, quite frankly, 206 00:12:31,480 --> 00:12:32,520 Speaker 5: and it makes me. 207 00:12:32,679 --> 00:12:33,040 Speaker 7: It does. 208 00:12:33,200 --> 00:12:36,480 Speaker 5: It's so frustrating because you do, as a prosecutor, want 209 00:12:36,480 --> 00:12:38,240 Speaker 5: to stand up and say we're going to do everything 210 00:12:38,320 --> 00:12:40,400 Speaker 5: that we can for justice, for the state and for 211 00:12:40,520 --> 00:12:43,960 Speaker 5: the family. Even though they file the tourd against us, 212 00:12:44,240 --> 00:12:46,560 Speaker 5: of which they're not naming us, but just in case 213 00:12:46,640 --> 00:12:49,880 Speaker 5: they are. It just feels it doesn't feel good. 214 00:12:50,160 --> 00:12:52,439 Speaker 3: You know, it sounds very well. 215 00:12:52,640 --> 00:12:57,000 Speaker 2: Maybe the parents believe they have reason to do this. 216 00:12:57,679 --> 00:13:00,280 Speaker 2: I know that many of them are angry about that 217 00:13:00,360 --> 00:13:04,920 Speaker 2: gag order and other things. Remember at the beginning, Rachel 218 00:13:05,080 --> 00:13:08,079 Speaker 2: show Key with me, breaking news reporter for Washington Examiner. 219 00:13:08,400 --> 00:13:12,800 Speaker 2: Remember at the beginning, the families were very upset. They 220 00:13:12,840 --> 00:13:16,160 Speaker 2: were not They were saying they were not getting information 221 00:13:16,720 --> 00:13:20,640 Speaker 2: from the homicide detectives, and maybe there was a reason 222 00:13:20,679 --> 00:13:25,480 Speaker 2: for that, but that's how they felt, and so I 223 00:13:25,559 --> 00:13:30,760 Speaker 2: believe their feelings were justified. Even if the homicide team 224 00:13:30,960 --> 00:13:34,520 Speaker 2: detectives had a reason, they should have explained that to 225 00:13:34,600 --> 00:13:37,319 Speaker 2: the family, this is why we can't tell you any 226 00:13:37,320 --> 00:13:40,480 Speaker 2: more information right now, and call them every day and 227 00:13:40,520 --> 00:13:43,959 Speaker 2: give them updates. But they were left right or wrong, 228 00:13:44,360 --> 00:13:47,199 Speaker 2: feeling like they were left out and were in the dark. 229 00:13:47,280 --> 00:13:49,120 Speaker 3: Remember that, Rachel, Yes, I. 230 00:13:49,080 --> 00:13:51,320 Speaker 7: Do, and I remember it being a very sad thing 231 00:13:51,360 --> 00:13:54,360 Speaker 7: to hear these families go on air and go into 232 00:13:54,360 --> 00:13:57,360 Speaker 7: these interviews talking about how they were didn't really have 233 00:13:57,400 --> 00:13:59,920 Speaker 7: any information, and even now they're still trying to fight 234 00:14:00,120 --> 00:14:02,000 Speaker 7: even to be able to talk about the case. So 235 00:14:02,040 --> 00:14:03,560 Speaker 7: it's just a really sad situation. 236 00:14:04,040 --> 00:14:07,000 Speaker 2: Doctor Bethany Marshall is joining us guy. She is a 237 00:14:07,040 --> 00:14:10,160 Speaker 2: renowned psychoanalyst joining us out of Beverly Heels at doctor 238 00:14:10,200 --> 00:14:11,880 Speaker 2: Bethany Marshall dot com. 239 00:14:12,000 --> 00:14:13,520 Speaker 3: Go ahead, doctor Bethany Well. 240 00:14:13,559 --> 00:14:16,640 Speaker 8: In terms of group psychology, we see this in medicine, 241 00:14:16,760 --> 00:14:20,880 Speaker 8: we see this in attitudes towards our police across the nation. 242 00:14:21,760 --> 00:14:23,920 Speaker 8: Is that the people who are trying to help us 243 00:14:24,040 --> 00:14:27,240 Speaker 8: are vilified and blamed if they don't do it perfectly. 244 00:14:27,960 --> 00:14:32,840 Speaker 8: That's just human nature. It's not whether it's from motherhood 245 00:14:32,960 --> 00:14:36,000 Speaker 8: or being a therapist, being a doctor, being a policeman. 246 00:14:36,680 --> 00:14:39,760 Speaker 8: Those of us who try to help others are very 247 00:14:39,800 --> 00:14:43,160 Speaker 8: familiar with being blamed and vilified if it doesn't go 248 00:14:43,520 --> 00:14:47,200 Speaker 8: exactly as the other person had planned. And I think 249 00:14:47,240 --> 00:14:51,760 Speaker 8: it's a mistake to play into this group psychology. Even 250 00:14:51,800 --> 00:14:54,680 Speaker 8: if you're an attorney, I don't understand the case like 251 00:14:54,880 --> 00:14:57,760 Speaker 8: the attorneys here do, and you do, Nancy, But I 252 00:14:57,800 --> 00:15:01,280 Speaker 8: think from age, just a social person, it's a mistake 253 00:15:01,440 --> 00:15:04,360 Speaker 8: to buy into this fact that whenever we don't get 254 00:15:04,400 --> 00:15:06,880 Speaker 8: exactly what we want from the people who are gathering 255 00:15:06,920 --> 00:15:09,080 Speaker 8: to help us, we're going to sue, We're going to blame, 256 00:15:09,480 --> 00:15:12,120 Speaker 8: We're going to attach blame to them. Because what happens 257 00:15:12,200 --> 00:15:15,520 Speaker 8: is that everybody who's trying to help them. They're going 258 00:15:15,600 --> 00:15:17,920 Speaker 8: to be scared now, They're not going to be able 259 00:15:17,920 --> 00:15:20,520 Speaker 8: to think freely and act freely. That the people who 260 00:15:20,560 --> 00:15:23,280 Speaker 8: are trying to help the family help the family in 261 00:15:23,320 --> 00:15:28,400 Speaker 8: whatever way they think best professionally, unless there's some egregious error. 262 00:15:28,560 --> 00:15:32,200 Speaker 2: Two special guests joining us, Chris mcdonna, director, and I 263 00:15:32,240 --> 00:15:34,160 Speaker 2: hear you, doctor Bethney. I'm going to use what you 264 00:15:34,200 --> 00:15:38,720 Speaker 2: just said with Chris mcdonna, director, Cold Case Foundation important 265 00:15:38,840 --> 00:15:44,080 Speaker 2: former homicide detective investigated only three hundred homicides. You can 266 00:15:44,120 --> 00:15:48,720 Speaker 2: find them on YouTube channel, the Interview Room, or a 267 00:15:48,800 --> 00:15:54,520 Speaker 2: Cold Casefoundation dot org. Chris, I mean I understand as 268 00:15:54,560 --> 00:16:00,640 Speaker 2: a crime victim myself, a tangential victim of homae side, 269 00:16:02,280 --> 00:16:06,080 Speaker 2: how the victims' families are feeling, or at least a 270 00:16:06,120 --> 00:16:12,040 Speaker 2: little bit how not totally because I cannot even imagine 271 00:16:12,840 --> 00:16:17,640 Speaker 2: losing your child. That said, I mean it puts the 272 00:16:17,640 --> 00:16:22,640 Speaker 2: homicide detectives and the prosecutors are like walking on pins 273 00:16:22,680 --> 00:16:25,920 Speaker 2: and needles, afraid for the other foot to drop, like 274 00:16:26,000 --> 00:16:28,400 Speaker 2: a long tail cat and a room full of rocking chairs, 275 00:16:28,520 --> 00:16:31,920 Speaker 2: Like what it's going to happen next? Everything they do 276 00:16:32,200 --> 00:16:36,440 Speaker 2: is being put under a microscope. But Frankly, why shouldn't 277 00:16:36,480 --> 00:16:39,560 Speaker 2: it be They should be doing their best. But I 278 00:16:39,560 --> 00:16:41,720 Speaker 2: imagine it does give them reason to pause. 279 00:16:42,080 --> 00:16:46,040 Speaker 9: And absolutely, Nancy, I mean here, this is a very 280 00:16:46,080 --> 00:16:52,400 Speaker 9: critical time in this case in my opinion, because you know, 281 00:16:52,680 --> 00:16:55,720 Speaker 9: more than anybody, you want to walk into that courtroom 282 00:16:55,720 --> 00:16:59,040 Speaker 9: and we've said this before, you know, hand in hand, 283 00:16:59,240 --> 00:17:04,560 Speaker 9: arm in arm with all four of those families, lock step, yeah, lockstep, 284 00:17:04,640 --> 00:17:06,960 Speaker 9: and what and you know what's going to happen. The 285 00:17:07,000 --> 00:17:11,280 Speaker 9: defense is going to in their opening statement, they're going 286 00:17:11,359 --> 00:17:14,919 Speaker 9: to lay out, Hey, even one of the families thinks 287 00:17:15,400 --> 00:17:19,359 Speaker 9: there's problems here, You're right, because there's you know, and 288 00:17:19,440 --> 00:17:22,480 Speaker 9: they're gonna they're going to leverage that against the family. 289 00:17:22,640 --> 00:17:26,359 Speaker 2: They could even call family members as witnesses. Yes, I 290 00:17:26,359 --> 00:17:27,960 Speaker 2: don't want to give them any ideas, but. 291 00:17:28,359 --> 00:17:31,359 Speaker 9: No, but you and I both know, and everybody on 292 00:17:31,400 --> 00:17:35,240 Speaker 9: the panel knows. You know, if I was Coberger's attorney, 293 00:17:35,359 --> 00:17:37,720 Speaker 9: that's gonna I'm going down that lane. 294 00:17:37,960 --> 00:17:40,080 Speaker 3: I'm running down that avenue. 295 00:17:40,440 --> 00:17:43,320 Speaker 9: Yep, yes, ma'am. And he and she's got a couple 296 00:17:43,359 --> 00:17:47,159 Speaker 9: of really smart former homicide guys you know, on the 297 00:17:47,160 --> 00:17:50,720 Speaker 9: defense side, for the you know, for for him, I. 298 00:17:50,760 --> 00:17:53,520 Speaker 3: Really explain that, explain that McDonough. 299 00:17:53,600 --> 00:17:57,080 Speaker 9: Well, she's got a couple of retired homicide guys out 300 00:17:57,119 --> 00:18:03,000 Speaker 9: of southern California who I knew years ago, out of Riverside, 301 00:18:03,960 --> 00:18:09,040 Speaker 9: lots of experience. They are, you know, very skilled at 302 00:18:09,440 --> 00:18:12,840 Speaker 9: solving crimes. And these are the guys who wrote the apphidavits, 303 00:18:12,920 --> 00:18:16,600 Speaker 9: in my opinion, to circumvent the gag order, you know, 304 00:18:16,680 --> 00:18:21,639 Speaker 9: to go after, you know, the two surviving witnesses to 305 00:18:21,720 --> 00:18:26,199 Speaker 9: kind of get the statement out front. And so that 306 00:18:26,359 --> 00:18:27,280 Speaker 9: was a smart move. 307 00:18:27,560 --> 00:18:31,840 Speaker 2: Cunning maybe cunning to you know, treat the surviving victims 308 00:18:31,840 --> 00:18:32,120 Speaker 2: that way. 309 00:18:32,160 --> 00:18:33,320 Speaker 3: I don't know that that would. 310 00:18:33,160 --> 00:18:39,960 Speaker 2: Be smart, but cunning absolutely much better word. Cunning, very cunning. Guys, 311 00:18:40,000 --> 00:18:42,320 Speaker 2: we're talking about is the state going to see the 312 00:18:42,320 --> 00:18:47,280 Speaker 2: death penalty? If so, when are they going to announce it? Guys, 313 00:18:47,720 --> 00:18:52,520 Speaker 2: if they do seek the penalty, let's address that. Take 314 00:18:52,560 --> 00:18:54,720 Speaker 2: a listen to our friends at Inside Edition. 315 00:18:55,160 --> 00:18:58,960 Speaker 4: Do you understand the charge of murders first sperience? 316 00:18:59,240 --> 00:18:59,480 Speaker 7: Yes? 317 00:19:00,160 --> 00:19:02,200 Speaker 3: Do you understand the maximum capitude? 318 00:19:02,480 --> 00:19:02,640 Speaker 10: Yes? 319 00:19:03,080 --> 00:19:04,920 Speaker 3: But when he was asked to plead. 320 00:19:05,000 --> 00:19:07,840 Speaker 4: Mister Cover prepared to plead to these starts. 321 00:19:11,000 --> 00:19:13,879 Speaker 3: He declined to enter a plea. The court entered a 322 00:19:14,000 --> 00:19:16,760 Speaker 3: not guilty plea for him in stead a trial date 323 00:19:16,800 --> 00:19:17,840 Speaker 3: of October second. 324 00:19:18,280 --> 00:19:22,480 Speaker 2: Idaho is one of five states with death by firing squad. 325 00:19:23,760 --> 00:19:26,520 Speaker 2: You know, on a circle by Rachel Shilkey joining me, 326 00:19:26,640 --> 00:19:31,840 Speaker 2: breaking these Reporter Washington Examiner. It was not many days 327 00:19:31,880 --> 00:19:35,439 Speaker 2: behind us that Coburger stood up, and he had been 328 00:19:35,520 --> 00:19:39,640 Speaker 2: speaking clearly with the judge, and then suddenly Kat got 329 00:19:39,640 --> 00:19:41,320 Speaker 2: it's time, when it's time to announce. 330 00:19:41,040 --> 00:19:42,720 Speaker 3: It not guilty. He wouldn't say a thing. 331 00:19:43,240 --> 00:19:47,199 Speaker 2: The lawyer Antler said, he's choosing to stand silent. You 332 00:19:47,200 --> 00:19:51,399 Speaker 2: know what, I've analyzed this up and down every which way, 333 00:19:52,359 --> 00:19:56,080 Speaker 2: but loose. There was no benefit in that the court, 334 00:19:56,840 --> 00:20:00,800 Speaker 2: as the law demands terday, not guilty plea for him. 335 00:20:02,359 --> 00:20:05,399 Speaker 2: It doesn't help in bargaining. It's not some part of 336 00:20:05,440 --> 00:20:10,359 Speaker 2: a scheme or a plan. It's basically, he's a drama queen. 337 00:20:10,920 --> 00:20:13,000 Speaker 2: It's drama. That's all that was. 338 00:20:13,280 --> 00:20:15,680 Speaker 7: Yeah, I would agree. I think there's definitely a dramatic 339 00:20:15,960 --> 00:20:18,560 Speaker 7: aspect to this case. It's captured so much national attention. 340 00:20:19,040 --> 00:20:21,359 Speaker 7: It's something I've been following for a long time, and 341 00:20:22,320 --> 00:20:24,520 Speaker 7: I was even thinking to myself, you know, I'm wondering 342 00:20:24,520 --> 00:20:26,680 Speaker 7: if you would just play guilty in bim the case 343 00:20:26,760 --> 00:20:28,159 Speaker 7: is over, like that would be the end of this 344 00:20:28,359 --> 00:20:31,680 Speaker 7: entire media circus that's been happening. I think that there 345 00:20:31,760 --> 00:20:34,720 Speaker 7: is some I would agree with you there's no benefit 346 00:20:34,760 --> 00:20:37,320 Speaker 7: to just standing silent, But I think it's definitely going 347 00:20:37,359 --> 00:20:40,119 Speaker 7: to fuel fire to this frenzy that's going to be 348 00:20:40,119 --> 00:20:40,880 Speaker 7: covering this case. 349 00:20:40,920 --> 00:20:43,120 Speaker 2: And you know, talking to Bethany, he has cable TV 350 00:20:43,280 --> 00:20:48,680 Speaker 2: behind bars and apparently watching every scentila of coverage on himself, 351 00:20:49,119 --> 00:20:54,280 Speaker 2: and he garnered a lot of attention by standing silent 352 00:20:54,440 --> 00:20:55,600 Speaker 2: and not entering a place. 353 00:20:55,760 --> 00:20:56,119 Speaker 3: Totally. 354 00:20:56,200 --> 00:20:59,439 Speaker 2: Yes, it's no legal strategy. It didn't help him or 355 00:20:59,520 --> 00:21:03,120 Speaker 2: hurt him in any way to do that. Accept garner attention. 356 00:21:03,480 --> 00:21:08,080 Speaker 8: Brian Kober loves to draw people into his web. That's 357 00:21:08,119 --> 00:21:12,320 Speaker 8: his mum, whether as a peeping tom, whether as killing people, 358 00:21:12,520 --> 00:21:18,640 Speaker 8: whether he's gathering underwear his trophies, He's always pulling people in. 359 00:21:18,760 --> 00:21:21,480 Speaker 8: And what better way to pull people in than to 360 00:21:21,760 --> 00:21:25,359 Speaker 8: stand silent and let other people guess. And now, of 361 00:21:25,400 --> 00:21:27,800 Speaker 8: course what are we doing. We're talking about him, We're 362 00:21:27,840 --> 00:21:31,119 Speaker 8: second guessing, we're wondering what it meant. So, you know, 363 00:21:31,600 --> 00:21:34,879 Speaker 8: I think what happens with these criminals. Is at a 364 00:21:34,880 --> 00:21:39,560 Speaker 8: certain point, the BS stops and they have to get 365 00:21:39,600 --> 00:21:42,880 Speaker 8: off the carnival ride and what they do to try 366 00:21:42,880 --> 00:21:45,119 Speaker 8: to excite and thrill others and to be at the 367 00:21:45,160 --> 00:21:48,280 Speaker 8: center of things doesn't work anymore. But right now I 368 00:21:48,320 --> 00:21:52,040 Speaker 8: think it's working in some moderate way because he stood silent. 369 00:21:52,119 --> 00:21:54,000 Speaker 8: And now we're talking about it again. 370 00:21:54,440 --> 00:21:57,879 Speaker 2: Hey, Now one theory is the reason he stood silent 371 00:21:58,080 --> 00:22:02,200 Speaker 2: is because if he ever does let's just say, this 372 00:22:02,240 --> 00:22:04,560 Speaker 2: goes all the way to a guilty verdict and then 373 00:22:04,600 --> 00:22:07,679 Speaker 2: we go into death penalty phase. It's a bifurcated trial. 374 00:22:08,080 --> 00:22:11,399 Speaker 2: Fancy word for two trials. You have the guilty innocence trial, 375 00:22:11,680 --> 00:22:14,919 Speaker 2: then you have the sentencing trial. He could say that 376 00:22:15,040 --> 00:22:18,080 Speaker 2: bifurcated sentencing trial. I never said I didn't do it. 377 00:22:18,119 --> 00:22:23,359 Speaker 2: I didn't deny it. I find that disingenuous because he 378 00:22:23,560 --> 00:22:27,879 Speaker 2: has had his lawyer say he wants to prove his innocence. 379 00:22:28,400 --> 00:22:31,159 Speaker 2: He can't wait to go to court to be exonerated. 380 00:22:31,200 --> 00:22:33,280 Speaker 2: That goes all the way back to the extradition hearing. 381 00:22:34,000 --> 00:22:37,760 Speaker 2: So maybe that's his game. I don't know, but it's 382 00:22:37,800 --> 00:22:40,520 Speaker 2: going to have little or no effect at all. 383 00:22:41,200 --> 00:22:43,399 Speaker 3: Now, if the state does. 384 00:22:43,280 --> 00:22:47,720 Speaker 2: See the death penalty, it is death by firing squad. 385 00:22:47,840 --> 00:22:51,119 Speaker 2: I'm very curious, Jean Fisher, is there an alternative in 386 00:22:51,200 --> 00:22:53,280 Speaker 2: Idaho or does it have to be death by the 387 00:22:53,280 --> 00:22:54,040 Speaker 2: bullet now? 388 00:22:54,119 --> 00:22:58,080 Speaker 5: Actually, in Idaho, the preferred method is still lethal injection 389 00:22:58,760 --> 00:23:03,920 Speaker 5: and then by by firing squad was passed by the 390 00:23:03,920 --> 00:23:07,760 Speaker 5: Idaho legislative this last year as an alternative means. But 391 00:23:07,880 --> 00:23:11,239 Speaker 5: because it's been so difficult to get the drugs that 392 00:23:11,359 --> 00:23:14,320 Speaker 5: we hear about all over the nation for the lethal injection, 393 00:23:14,520 --> 00:23:17,919 Speaker 5: they opted to go back to the death by the 394 00:23:17,920 --> 00:23:18,679 Speaker 5: firing squad. 395 00:23:19,000 --> 00:23:22,760 Speaker 2: So they've got death by firing squad and then needle 396 00:23:22,880 --> 00:23:24,880 Speaker 2: as a backup if they can get the drugs. 397 00:23:25,280 --> 00:23:25,680 Speaker 3: Okay. 398 00:23:26,359 --> 00:23:32,800 Speaker 2: Doctor Michelle Duprey joining me forensic pathologists, medical examiner literally 399 00:23:33,080 --> 00:23:39,960 Speaker 2: wrote the book Homicide Investigation Field Guide. She shot to 400 00:23:40,119 --> 00:23:44,840 Speaker 2: the national forefront during the Alex Murdock double murder trial. 401 00:23:45,480 --> 00:23:48,080 Speaker 2: Doctor Michelle Dupree, thank you for being with us as 402 00:23:48,119 --> 00:23:50,600 Speaker 2: we had this theoretical discussion about are we going to 403 00:23:50,600 --> 00:23:52,840 Speaker 2: get the death penalty announcement anytime soon? 404 00:23:53,520 --> 00:23:54,919 Speaker 3: And what is the mode of death? 405 00:23:55,240 --> 00:23:58,959 Speaker 2: Can we just have a little recap about what happened 406 00:23:58,960 --> 00:24:00,000 Speaker 2: to these four victims. 407 00:24:00,359 --> 00:24:06,520 Speaker 11: Yes, Nancy, these victims were horrifically murdered. They were stabbed 408 00:24:06,800 --> 00:24:11,119 Speaker 11: many times. There were sharp force injuries, There were defensive 409 00:24:11,119 --> 00:24:16,119 Speaker 11: wounds on some of the victims. They had enormous pain 410 00:24:16,280 --> 00:24:19,440 Speaker 11: and bleeding. This is a horrific crime, just horrific. 411 00:24:19,600 --> 00:24:22,360 Speaker 3: Explain their stab wounds, the stab wounds. 412 00:24:22,760 --> 00:24:27,280 Speaker 11: Again, the knife that allegedly was used is a knife 413 00:24:27,320 --> 00:24:34,119 Speaker 11: that is sturdy. It can inflict serious injury. Obviously, the 414 00:24:34,200 --> 00:24:37,280 Speaker 11: knife wounds, there were several on all of the victims. 415 00:24:38,080 --> 00:24:43,600 Speaker 11: They the wounds hit significant organs and veins and vessels 416 00:24:43,600 --> 00:24:48,000 Speaker 11: and arteries which caused extensive bleeding. The crime scene was 417 00:24:48,080 --> 00:24:54,359 Speaker 11: a horrific, bloody massacre. Really, it was just a horrific crime. 418 00:24:54,760 --> 00:24:57,520 Speaker 2: And we do know, or we believe we know that 419 00:24:57,560 --> 00:25:03,600 Speaker 2: the victims were either going to sleep or drowsy at 420 00:25:03,600 --> 00:25:08,399 Speaker 2: the time. But one of the survivors said they heard 421 00:25:09,680 --> 00:25:13,600 Speaker 2: I think there's someone in here words to that effect, 422 00:25:14,040 --> 00:25:15,440 Speaker 2: so they were awake. 423 00:25:15,880 --> 00:25:17,840 Speaker 3: They were not spared any suffering. 424 00:25:18,560 --> 00:25:21,119 Speaker 2: Some of the investigators stated, it's the worst thing they 425 00:25:21,119 --> 00:25:26,639 Speaker 2: have ever witnessed, the worst thing they've ever witnessed. What 426 00:25:26,680 --> 00:25:29,200 Speaker 2: about it, Chris McDonald, former homicide detective. 427 00:25:29,359 --> 00:25:31,800 Speaker 9: Well, when you get into that kind of environment like that, 428 00:25:31,920 --> 00:25:36,160 Speaker 9: immediately you were strong by the brutality of that attack. 429 00:25:37,040 --> 00:25:40,800 Speaker 9: And in this case, because you have four victims, that 430 00:25:41,000 --> 00:25:47,320 Speaker 9: brutality is magnified, you know, a thousand times, because you 431 00:25:47,760 --> 00:25:51,720 Speaker 9: have to calculate out, you know, what was the sequence 432 00:25:51,800 --> 00:25:56,800 Speaker 9: in relationship to which victim was chosen first, and then 433 00:25:56,840 --> 00:26:01,040 Speaker 9: of course you have to recognize that the same weapon 434 00:26:01,400 --> 00:26:05,320 Speaker 9: was utilized on the second, third, and fourth victims. So 435 00:26:06,160 --> 00:26:09,520 Speaker 9: you have to now say to yourself, what is the 436 00:26:09,640 --> 00:26:15,720 Speaker 9: raid that is driving from number victim one to victim 437 00:26:15,840 --> 00:26:22,119 Speaker 9: number four? And you start learning quickly that the perpetrator 438 00:26:22,240 --> 00:26:25,520 Speaker 9: who has the potential to do this. You look up 439 00:26:25,560 --> 00:26:28,399 Speaker 9: on the ceiling, Nancy, and you see what's called cast 440 00:26:28,480 --> 00:26:34,280 Speaker 9: off from each one of those strikes to these particular victims, 441 00:26:34,560 --> 00:26:37,000 Speaker 9: and you must say to yourself, and you think to yourself, 442 00:26:37,080 --> 00:26:40,320 Speaker 9: and I have vivid memories of going into those types 443 00:26:40,359 --> 00:26:43,840 Speaker 9: of scenes that stay with me to this day. And 444 00:26:43,880 --> 00:26:47,840 Speaker 9: I've always asked my shelf, how in the world could 445 00:26:47,880 --> 00:26:52,959 Speaker 9: this amount of brutality take place in a very small 446 00:26:53,080 --> 00:26:57,320 Speaker 9: environment and the suspect just walk out of that place 447 00:26:57,920 --> 00:27:01,080 Speaker 9: and think nothing of it. Because when you get them 448 00:27:01,080 --> 00:27:03,800 Speaker 9: in the room, in the interview room later on. Some 449 00:27:03,880 --> 00:27:07,399 Speaker 9: of these individuals think nothing of it, and Coburger, in 450 00:27:07,440 --> 00:27:11,520 Speaker 9: my opinion, is one of those individuals who is now 451 00:27:11,880 --> 00:27:17,520 Speaker 9: on a stage bigger than he's ever expected. But this 452 00:27:17,720 --> 00:27:21,359 Speaker 9: is what he did expect. He wanted to be front 453 00:27:21,359 --> 00:27:23,679 Speaker 9: and center to the world and he's getting it. 454 00:27:23,800 --> 00:27:24,200 Speaker 3: Guys. 455 00:27:24,240 --> 00:27:28,320 Speaker 2: If the state does decide to seek the death penalty, 456 00:27:28,359 --> 00:27:33,120 Speaker 2: which in Idaho is the firing squad or needle, when 457 00:27:33,160 --> 00:27:35,320 Speaker 2: will we find out? Take a listen to our forensic 458 00:27:35,400 --> 00:27:36,280 Speaker 2: crime online. 459 00:27:36,560 --> 00:27:40,240 Speaker 12: Prosecutors have sixty days from Coburger's plea to decide whether 460 00:27:40,280 --> 00:27:43,680 Speaker 12: they will seek the death penalty. So far, no decision 461 00:27:43,760 --> 00:27:46,320 Speaker 12: has been made. If the state does ask for the 462 00:27:46,359 --> 00:27:50,240 Speaker 12: death penalty, Coberger's attorneys would have to prepare a death defense, 463 00:27:50,560 --> 00:27:52,560 Speaker 12: and the state must find a jury that would be 464 00:27:52,600 --> 00:27:56,120 Speaker 12: able to oversee a death penalty case, which could possibly 465 00:27:56,200 --> 00:27:59,719 Speaker 12: push this trial further out than October second. Some are 466 00:27:59,720 --> 00:28:02,640 Speaker 12: also so questioning whether emotion could be filed to move 467 00:28:02,680 --> 00:28:06,120 Speaker 12: the trial to a different county. According to Idaho Criminal 468 00:28:06,160 --> 00:28:09,080 Speaker 12: Rule twenty one, a judge may only grant the change 469 00:28:09,080 --> 00:28:11,840 Speaker 12: of venue for a trial if an impartial trial cannot 470 00:28:11,880 --> 00:28:14,320 Speaker 12: be held in the same county or in the quote 471 00:28:14,320 --> 00:28:16,600 Speaker 12: interest of justice and convenience for. 472 00:28:16,560 --> 00:28:22,840 Speaker 2: The witnesses, sometimes similar transactions are allowed at trial. I 473 00:28:22,880 --> 00:28:26,080 Speaker 2: do not believe any prior bad acts are going to 474 00:28:26,119 --> 00:28:29,600 Speaker 2: come in in the Coburger trial in the case in chief. 475 00:28:30,119 --> 00:28:36,120 Speaker 2: Possibly if there's a conviction at the sentencing phase, we'll 476 00:28:36,160 --> 00:28:43,160 Speaker 2: find out about other cases, other instances, incidents that Coburger 477 00:28:43,280 --> 00:28:49,360 Speaker 2: committed that are similar to the Idaho murders in some way. 478 00:28:49,680 --> 00:28:51,000 Speaker 3: One thing that will not. 479 00:28:51,480 --> 00:28:54,880 Speaker 2: Be part of that is the case of a forty 480 00:28:54,920 --> 00:28:58,760 Speaker 2: five year old murdered mom out of his hometown in 481 00:28:58,800 --> 00:29:02,400 Speaker 2: the Poconos where his family lives, Dana Smithers. Take a 482 00:29:02,440 --> 00:29:04,880 Speaker 2: listen to Less Trent at Inside Edition. 483 00:29:05,280 --> 00:29:09,360 Speaker 10: A mysterious development in the case of Brian Coolberger, accused 484 00:29:09,360 --> 00:29:12,800 Speaker 10: of murdering those four University of Idaho students. There are 485 00:29:12,840 --> 00:29:16,520 Speaker 10: reports Brian Colberger's father, Michael, testified before grand jury at 486 00:29:16,560 --> 00:29:20,320 Speaker 10: this courthouse in Stroudsburg, Pennsylvania today. His mother, Mary Anne 487 00:29:20,440 --> 00:29:24,360 Speaker 10: reportedly testified earlier this week. The grand jury is investigating 488 00:29:24,400 --> 00:29:27,400 Speaker 10: the death of Dana Smithers, a mother of three who 489 00:29:27,480 --> 00:29:30,360 Speaker 10: disappeared a year ago. Her body was found in a 490 00:29:30,360 --> 00:29:34,480 Speaker 10: wooded area near Stroudsburg in April, about thirty miles from 491 00:29:34,480 --> 00:29:35,560 Speaker 10: the Coburger home. 492 00:29:36,120 --> 00:29:40,200 Speaker 2: Many legal legals did not believe the two would be connected. 493 00:29:40,920 --> 00:29:43,800 Speaker 2: The ms were so different, and you have to look 494 00:29:44,040 --> 00:29:48,000 Speaker 2: at whether Coburger was even there in the Poconos. Many 495 00:29:48,200 --> 00:29:51,040 Speaker 2: of us believe the parents of Coburger were called to 496 00:29:51,080 --> 00:29:54,560 Speaker 2: testify the grand jury to establish his alibi and rule 497 00:29:54,640 --> 00:29:58,120 Speaker 2: him out in the Smithers murder. And we say the Smithers' death, 498 00:29:58,560 --> 00:30:01,200 Speaker 2: we don't have a coeod are yet cause of death. 499 00:30:02,120 --> 00:30:04,520 Speaker 3: But what about this case. 500 00:30:04,760 --> 00:30:09,360 Speaker 10: New evidence that Coburger was stalking potential victims months before 501 00:30:09,400 --> 00:30:13,000 Speaker 10: the murders. This just released police bodycam video shows a 502 00:30:13,040 --> 00:30:16,800 Speaker 10: neighbor of the Idaho murder victims reporting a bizarre theft 503 00:30:16,840 --> 00:30:18,440 Speaker 10: of a suitcase from her car. 504 00:30:18,960 --> 00:30:21,280 Speaker 13: And then I found my underwear like shot. 505 00:30:21,160 --> 00:30:23,480 Speaker 3: Right there in the cup holder. 506 00:30:23,640 --> 00:30:26,320 Speaker 13: Yeah, and I took it out. 507 00:30:25,360 --> 00:30:30,320 Speaker 10: It happened eight months before the murders. Look in the distance, 508 00:30:30,800 --> 00:30:33,720 Speaker 10: that's the house where the four students were stabbed to death. 509 00:30:34,000 --> 00:30:38,800 Speaker 2: There is a direct progression from smaller petticrimes to larger 510 00:30:39,040 --> 00:30:41,960 Speaker 2: felonies and more. 511 00:30:42,120 --> 00:30:44,200 Speaker 3: Listen, hey, how's it going here? 512 00:30:44,240 --> 00:30:44,280 Speaker 12: You? 513 00:30:45,360 --> 00:30:45,719 Speaker 3: Okay? 514 00:30:45,800 --> 00:30:48,080 Speaker 9: So this morning I just. 515 00:30:48,000 --> 00:30:50,840 Speaker 3: Got on yeskay. 516 00:30:51,200 --> 00:30:54,080 Speaker 13: And this morning I walked up heres in my suitcases 517 00:30:54,080 --> 00:30:57,960 Speaker 13: inside that I remember leading it in my car off 518 00:30:58,040 --> 00:31:00,880 Speaker 13: my MR. I was like, hey, did my suitcases up 519 00:31:01,120 --> 00:31:02,760 Speaker 13: and she's like yeah, I was in the middle of 520 00:31:02,800 --> 00:31:05,640 Speaker 13: the road, and I was like, that's weird. 521 00:31:05,680 --> 00:31:07,239 Speaker 3: Oh your suitcase was in the middle of the road. 522 00:31:07,320 --> 00:31:09,120 Speaker 13: Yeah, it was like back over here, and I had 523 00:31:09,120 --> 00:31:11,640 Speaker 13: it in the back of my car. Oh interesting, Like 524 00:31:11,760 --> 00:31:14,200 Speaker 13: maybe I forgot and just left it out and I 525 00:31:14,240 --> 00:31:17,200 Speaker 13: take it inside and I open it and all the 526 00:31:17,280 --> 00:31:19,600 Speaker 13: stuff that I had, Oh I locked it ash wasn't key. 527 00:31:19,680 --> 00:31:21,160 Speaker 13: So all the stuff I had up here, all my 528 00:31:21,200 --> 00:31:23,760 Speaker 13: past stuffs and stuff I had in the center console, 529 00:31:23,800 --> 00:31:26,440 Speaker 13: my sunglasses I was literally wearing yesterday were all shoved 530 00:31:26,480 --> 00:31:29,760 Speaker 13: inside my suitcase and like it was like zipped back up. 531 00:31:29,960 --> 00:31:31,920 Speaker 9: And so everything that you had in your front seat 532 00:31:31,960 --> 00:31:32,920 Speaker 9: was now in your suitcase. 533 00:31:33,320 --> 00:31:33,680 Speaker 14: Okay. 534 00:31:33,720 --> 00:31:36,280 Speaker 13: And then there's like a shoeprint over here, and then 535 00:31:36,360 --> 00:31:40,600 Speaker 13: there's like my fuse box under my steering whells like opened. 536 00:31:40,640 --> 00:31:43,160 Speaker 3: Had no chance someone's playing a prank on you. Yeah, 537 00:31:43,240 --> 00:31:44,040 Speaker 3: I didn't think so. 538 00:31:44,080 --> 00:31:46,280 Speaker 13: I don't see why anyone I know would ever do that. 539 00:31:47,600 --> 00:31:51,640 Speaker 13: But like me and then I found my underwear like shoved. 540 00:31:51,360 --> 00:31:53,680 Speaker 3: Right there in the cup holder. 541 00:31:53,840 --> 00:31:57,440 Speaker 2: Yeah, and I took it out to Broughter Bethany Marshall, 542 00:31:57,560 --> 00:32:01,120 Speaker 2: a psychoanalyst joining us out of Beverly Hills. You have 543 00:32:01,480 --> 00:32:06,400 Speaker 2: that incident and another incident that we have been discussing. 544 00:32:06,680 --> 00:32:10,480 Speaker 2: Take a listen to our cut four to four our 545 00:32:10,520 --> 00:32:11,760 Speaker 2: friends at Dateline. 546 00:32:12,040 --> 00:32:15,080 Speaker 14: Our source says Coberger had befriended a woman in his 547 00:32:15,200 --> 00:32:20,040 Speaker 14: graduate criminology cohort. The woman had returned to her apartment 548 00:32:20,080 --> 00:32:24,800 Speaker 14: one evening and found some things amiss, items moved from 549 00:32:24,840 --> 00:32:28,360 Speaker 14: where she'd left them in the kitchen, in the bath, 550 00:32:29,120 --> 00:32:34,160 Speaker 14: quite bizarre. So what did she do well? Our source 551 00:32:34,240 --> 00:32:37,440 Speaker 14: tells us that since nothing had been taken, the woman 552 00:32:37,480 --> 00:32:41,400 Speaker 14: did not call the police. Instead, she called her new friend, 553 00:32:42,400 --> 00:32:46,720 Speaker 14: Brian Coberger, who our source says, volunteer to come over 554 00:32:46,800 --> 00:32:49,960 Speaker 14: and take a look, and he soon recommended the installation 555 00:32:50,040 --> 00:32:55,000 Speaker 14: of a video security system and he Coburger volunteered. 556 00:32:54,440 --> 00:32:55,160 Speaker 5: To do the work. 557 00:32:55,480 --> 00:32:59,080 Speaker 3: Doctor Bethany Marshall, the similarity in. 558 00:32:59,120 --> 00:33:03,360 Speaker 2: That alone, in that case with the female colleague from 559 00:33:03,440 --> 00:33:07,560 Speaker 2: Washington State University is in my mind, except for the 560 00:33:07,640 --> 00:33:11,920 Speaker 2: murder a fingerprint. You have the thrill of planning it. 561 00:33:12,560 --> 00:33:16,000 Speaker 2: You have identifying your victim. You have the cat and 562 00:33:16,080 --> 00:33:21,080 Speaker 2: mouse of building up her trust so she would be 563 00:33:21,160 --> 00:33:23,959 Speaker 2: manipulated into coming to him to install the security system, 564 00:33:25,960 --> 00:33:31,440 Speaker 2: entering the home, the thrill that must have been for him, 565 00:33:32,160 --> 00:33:39,560 Speaker 2: if in fact these allegations are true, paralleled against email, 566 00:33:40,480 --> 00:33:46,200 Speaker 2: contacting the Idaho students, some of them on social media, 567 00:33:46,800 --> 00:33:50,360 Speaker 2: following them, going to their place eleven or twelve times 568 00:33:50,400 --> 00:33:55,479 Speaker 2: before the murders, running into them, we believe, or watching 569 00:33:55,520 --> 00:33:59,400 Speaker 2: them where they worked or went to school, ultimately entering 570 00:33:59,640 --> 00:34:04,640 Speaker 2: their We haven't connected the underwear incident to Caiburger yet, 571 00:34:05,960 --> 00:34:10,880 Speaker 2: and there's not a lot of security video cameras in 572 00:34:11,000 --> 00:34:16,839 Speaker 2: the King Root area. So let's talk about the parallels 573 00:34:16,920 --> 00:34:18,000 Speaker 2: in these three cases. 574 00:34:18,200 --> 00:34:22,520 Speaker 8: Well, the parallels obviously, there's an offending pattern, and the 575 00:34:22,560 --> 00:34:26,200 Speaker 8: offending pattern you describe so beautifully, But the underlying motives 576 00:34:26,239 --> 00:34:29,400 Speaker 8: I think are being a sex predator and a sex 577 00:34:29,520 --> 00:34:33,920 Speaker 8: addict with a prolific fantasy life where he has to 578 00:34:34,000 --> 00:34:39,160 Speaker 8: choose victims to match up to his internal masturbatory fantasies. 579 00:34:39,760 --> 00:34:42,839 Speaker 8: All of these victims have something in common. They are 580 00:34:42,960 --> 00:34:47,960 Speaker 8: unaware that he's watching them. He's probably watching them a 581 00:34:48,080 --> 00:34:53,759 Speaker 8: lot nancy, and what begins to pray upon is their femininity, 582 00:34:53,840 --> 00:34:59,040 Speaker 8: whether it's moving underwear around, feminine items, or in the 583 00:34:59,080 --> 00:35:03,319 Speaker 8: case of the four students, the three women who were 584 00:35:03,719 --> 00:35:06,640 Speaker 8: were murdered, you know, taking a look at their pictures 585 00:35:06,680 --> 00:35:09,800 Speaker 8: and maybe even using those as a part of a 586 00:35:09,960 --> 00:35:13,160 Speaker 8: sort of like his own personal pornography of sorts, or 587 00:35:13,200 --> 00:35:18,680 Speaker 8: also gathering them as trophies. Now, I think what distinguishes 588 00:35:19,040 --> 00:35:23,080 Speaker 8: the four Idaho murders from the prior to incidents that 589 00:35:23,120 --> 00:35:29,000 Speaker 8: you're talking about is that these women rejected him in 590 00:35:29,080 --> 00:35:32,960 Speaker 8: his mind, the students Idaho students, he dms them, He 591 00:35:33,040 --> 00:35:35,919 Speaker 8: tried to contact them, they didn't get back to him. 592 00:35:36,480 --> 00:35:41,840 Speaker 8: And this is where the pattern of watching playfully toying, 593 00:35:41,920 --> 00:35:45,640 Speaker 8: like you said, cat and mouse, using them to satisfy 594 00:35:45,719 --> 00:35:50,680 Speaker 8: sexual fantasies men began to develop into rage and the 595 00:35:50,760 --> 00:35:56,400 Speaker 8: desire to commit a statistic homicide. Because sadism and sexual 596 00:35:56,440 --> 00:35:59,799 Speaker 8: predatory behavior do go hand in hand. So he could 597 00:35:59,800 --> 00:36:02,960 Speaker 8: no longer use pictures and spying and looking and moving 598 00:36:03,520 --> 00:36:06,239 Speaker 8: underwear around as a part of his sexual fantasies. Now 599 00:36:06,280 --> 00:36:10,600 Speaker 8: he had to inflict pain to enhance his sexual fantasies. 600 00:36:10,840 --> 00:36:13,480 Speaker 8: One more quick thing, Nancy that the stuffing of the 601 00:36:14,160 --> 00:36:17,480 Speaker 8: of the underwear into the cup holder. I said, this 602 00:36:17,560 --> 00:36:21,200 Speaker 8: may be unseemly and unprofessional, but the first thing I 603 00:36:21,239 --> 00:36:24,239 Speaker 8: thought was stuffing a penis into a vagina that he 604 00:36:24,480 --> 00:36:28,799 Speaker 8: was already you know, practicing a rape back when he 605 00:36:28,880 --> 00:36:31,640 Speaker 8: did that, because that is just such a strange thing 606 00:36:31,719 --> 00:36:35,520 Speaker 8: to do. And also when he gathered some of the 607 00:36:35,640 --> 00:36:39,480 Speaker 8: items from the car into the suitcase, I also wondered 608 00:36:39,480 --> 00:36:43,040 Speaker 8: if he wasn't preparing to take those home as his new, 609 00:36:44,120 --> 00:36:55,000 Speaker 8: uh you know, war chest of trophies. 610 00:37:01,600 --> 00:37:03,680 Speaker 1: Crime stories with Nancy Grace. 611 00:37:07,360 --> 00:37:14,959 Speaker 2: To Jeane Fisher, former felony prosecutor in the Coburger Jurisdiction, Idaho. 612 00:37:15,920 --> 00:37:19,319 Speaker 2: If and when the prosecution announces they are seeking the 613 00:37:19,360 --> 00:37:21,719 Speaker 2: death penalty, and I do expect them to make that 614 00:37:21,760 --> 00:37:27,440 Speaker 2: announcement within the next sixty days, how do you how 615 00:37:27,480 --> 00:37:33,040 Speaker 2: would you foresee the state using similar transactions at the 616 00:37:33,120 --> 00:37:42,200 Speaker 2: death penalty phase, such as manipulating the colleague, stalking her, 617 00:37:42,400 --> 00:37:45,279 Speaker 2: going by her place, figuring out if she's home, a 618 00:37:45,280 --> 00:37:49,839 Speaker 2: lot of planning, gaining access to her apartment. Did he 619 00:37:49,960 --> 00:37:53,600 Speaker 2: gain access to the King Road home in the same 620 00:37:53,680 --> 00:37:58,600 Speaker 2: way going there when she wasn't there, going into King 621 00:37:58,760 --> 00:38:01,360 Speaker 2: Road when he thought everybody was asleep. 622 00:38:02,280 --> 00:38:03,600 Speaker 3: How long he had. 623 00:38:03,480 --> 00:38:07,239 Speaker 2: Been cultivating the relationship with the colleague, how long had 624 00:38:07,280 --> 00:38:13,640 Speaker 2: he been stalking the Idaho victims going in for sexual gratification. 625 00:38:15,000 --> 00:38:21,160 Speaker 2: According to psychoanalysts and therapists, that this violence and the 626 00:38:21,320 --> 00:38:24,799 Speaker 2: stalking is hand in hand and sexually gratifies him in 627 00:38:24,840 --> 00:38:31,960 Speaker 2: some way, going into we believe the colleague's bedroom, going 628 00:38:32,000 --> 00:38:37,560 Speaker 2: into the Idaho victim's bedrooms, and ultimately performing a crime 629 00:38:38,000 --> 00:38:42,320 Speaker 2: on the female victim. Three of the Idaho victims are female, 630 00:38:42,920 --> 00:38:47,200 Speaker 2: in the same geographical area, in the same type housing, 631 00:38:48,560 --> 00:38:53,840 Speaker 2: gaining entry into a residence. I mean, there's so many similarities, 632 00:38:54,920 --> 00:38:58,040 Speaker 2: but the one is cut short because the female colleague 633 00:38:58,480 --> 00:39:02,840 Speaker 2: was not murdered, She was manipulated into allowing him to 634 00:39:02,880 --> 00:39:06,279 Speaker 2: set up the security surveillance. Do you believe that that 635 00:39:06,520 --> 00:39:09,560 Speaker 2: instance can be used as a similar transaction at the 636 00:39:09,600 --> 00:39:13,399 Speaker 2: death penalty? Aggravation says yeah, I think that. 637 00:39:13,360 --> 00:39:16,600 Speaker 5: The one instance that you're talking about from the w 638 00:39:16,800 --> 00:39:23,840 Speaker 5: SU student colleague that can be directly linked to you know, Colberger, 639 00:39:24,080 --> 00:39:27,240 Speaker 5: would be used. You know, the instance that they're talking 640 00:39:27,280 --> 00:39:31,120 Speaker 5: about with the girls, you know heard higher luggage, you know, 641 00:39:31,560 --> 00:39:34,440 Speaker 5: the car broken into and and all of that. I 642 00:39:34,440 --> 00:39:38,400 Speaker 5: mean it's highly I highly doubt that they will be 643 00:39:38,440 --> 00:39:39,160 Speaker 5: able to use that. 644 00:39:39,880 --> 00:39:41,640 Speaker 2: And last we find out he took some of the 645 00:39:41,640 --> 00:39:46,120 Speaker 2: Idaho victims underwear, which would then make it more of 646 00:39:46,200 --> 00:39:49,080 Speaker 2: a similarity and more relevant. 647 00:39:49,600 --> 00:39:52,400 Speaker 5: But but I think, you know, there's they will have 648 00:39:52,440 --> 00:39:54,759 Speaker 5: had so much more information by then as well, if 649 00:39:54,760 --> 00:39:57,319 Speaker 5: it goes into the death penalty case, then the sense 650 00:39:57,480 --> 00:40:00,279 Speaker 5: does have you know, has an obligation to turn over 651 00:40:00,719 --> 00:40:04,640 Speaker 5: whatever it is that they intend to use in mitigation. 652 00:40:05,200 --> 00:40:08,799 Speaker 5: But they will have learned so much more about all 653 00:40:08,840 --> 00:40:10,800 Speaker 5: of them, will learn so much more about his past, 654 00:40:10,880 --> 00:40:13,680 Speaker 5: his history, you know, the things that you've already heard 655 00:40:13,680 --> 00:40:17,279 Speaker 5: about about his life in Pennsylvania, his you know, his 656 00:40:17,600 --> 00:40:21,600 Speaker 5: behavior there. I mean, they all of that will the 657 00:40:21,640 --> 00:40:27,279 Speaker 5: state will be able to use in its aggravation part 658 00:40:27,320 --> 00:40:27,840 Speaker 5: of the trial. 659 00:40:28,000 --> 00:40:34,040 Speaker 2: It is a matter of progression, a progression from Chris McDonough, 660 00:40:34,040 --> 00:40:40,080 Speaker 2: from peeping tom sending emails on social media, bumping into 661 00:40:40,160 --> 00:40:44,720 Speaker 2: them at work. It leads up to murder. And again 662 00:40:45,320 --> 00:40:50,640 Speaker 2: that is not statistical, that is anecdotal that very often 663 00:40:50,719 --> 00:40:53,880 Speaker 2: we see killer start as for instance, peeping toms. 664 00:40:54,239 --> 00:40:57,880 Speaker 9: Absolutely, and you know from an investigative aspect here, you know, 665 00:40:58,719 --> 00:41:01,879 Speaker 9: just kind of overlaying the psychology of how this guy 666 00:41:01,960 --> 00:41:05,640 Speaker 9: is operating. If we even go back to you know, 667 00:41:05,680 --> 00:41:10,160 Speaker 9: the earlier just the initial female contexts at the barsh 668 00:41:10,480 --> 00:41:14,960 Speaker 9: in Pennsylvania where he you know, if we tie that 669 00:41:15,040 --> 00:41:19,080 Speaker 9: type of behavior into Okay, I've been rejected, Well, he 670 00:41:19,280 --> 00:41:23,560 Speaker 9: has this fuel withinside of himself at those moments, so 671 00:41:23,680 --> 00:41:27,319 Speaker 9: that fuel has to be you know, expelled somewhere. So 672 00:41:27,440 --> 00:41:31,960 Speaker 9: I think there's a high probability of many type of 673 00:41:32,040 --> 00:41:35,200 Speaker 9: voyeurism events that we just aren't aware of yet, even 674 00:41:35,239 --> 00:41:39,920 Speaker 9: in Pennsylvania, and that a lot of those terabytes of 675 00:41:40,080 --> 00:41:43,160 Speaker 9: data that's been turned over to the defense, I think 676 00:41:43,480 --> 00:41:48,400 Speaker 9: there's going to be that footprint along into all of 677 00:41:48,440 --> 00:41:53,920 Speaker 9: this you know, fantasy based problem that he was building 678 00:41:54,239 --> 00:41:57,200 Speaker 9: and then eventually that led up potentially if he is 679 00:41:57,280 --> 00:42:02,239 Speaker 9: the killer to the murder of before college students. 680 00:42:01,840 --> 00:42:05,759 Speaker 2: And Rachel Shilkey joining US investigative news reporter with the 681 00:42:05,920 --> 00:42:09,880 Speaker 2: Washington Examiner, What more can you tell us about Coburger 682 00:42:09,960 --> 00:42:10,800 Speaker 2: as of today? 683 00:42:11,160 --> 00:42:14,040 Speaker 7: Now? Basically he is going to trial on October second. 684 00:42:14,680 --> 00:42:17,799 Speaker 7: I actually did some calculating, and prosecutors have until I 685 00:42:17,840 --> 00:42:21,200 Speaker 7: believe July twenty second or twenty first of this year 686 00:42:21,280 --> 00:42:23,200 Speaker 7: to term whether or not they're seeking the death penalty. 687 00:42:23,320 --> 00:42:24,880 Speaker 5: So you know, right. 688 00:42:24,760 --> 00:42:28,480 Speaker 7: Now he is sitting in jail and he's awaiting his faith. 689 00:42:28,600 --> 00:42:31,040 Speaker 2: He's probably listening right now, listen to you talking about 690 00:42:31,080 --> 00:42:32,320 Speaker 2: I'm Rachel Shulkey. 691 00:42:32,920 --> 00:42:36,200 Speaker 3: We wait as Joseph Simp calls, goodbye, friend,