All right.
Thank you very much. You conced.
Good morning, everybody.
We have some people on Zoom here too. So,
OK, let's, let's get on the record, please.
Thank you. OK, We are now on the record in
State of Idaho versus Brian C Coburger,
CR 29222803. Mr.
Coburger, is in the courtroom ag
with his attorney, Miss Taylor.
I believe also part of the teams
that they Logsdon and Elisa Masa
who is participating. By ZOOM,
I believe the state is represented by Mr.
Thompson, Latuck County Prosecus
Office or prosecuting attorney.
Miss Jennings is of that officeo
Latuck County Prosecutor's Offi.
Also part of that team is.
Ingrid Beatty and Jeff Nye, both from
the Idaho Attorney General's Of.
I'm John Judge.
If you don't know me,
I'm a late talk county District Judge
and I'll be presiding over this case.
So, Mr. Koberger,
you've already heard a lot of what I'm
going to tell you at your initial appearance.
But I'll repeat it to you becaue
it's important and I want,
I want to remind you of,
of these issues.
So I'll briefly cover your righ,
the charges against you and the
maximum penalties if you were fd
guilty or if you plead guilty.
So I'm going to start with the rights.
You have a constitutional right
to have an attorney represent
you throughout these proceeding.
If you cannot afford to hire a lawyer,
than one is appointed at public expense.
Miss Taylor and her team have
already been appointed,
so that's taken care of.
You have a right to a speedy and
public jury trial where the stae
would be required to prove every
element of each charge against
you beyond a reasonable doubt.
At that trial you would have
the right to cross examine the
witnesses called against you.
That means to see here in question one
to call witnesses to testify for you,
and if you choose to,
to testify in your own defense.
But you're not required to testy
because you also have a right of silence.
That right is protected under te
Idaho and federal constitutions,
so you can remain silent througt
these court proceedings,
and that can't be held against
you in any way.
What you need, what you do
need to remember, though.
Is that anything you do say other than to
your lawyers could be used against you,
against you in a later court proceeding?
You understand that?
Yes, I do. Thank you.
You also have a right to to appl
any final decision of the court.
In order to exercise that right,
you need to file a notice of apl
within 42 days of that final decision
or that right is waived also if
you are not United States citiz.
Any finding of guilt in the stae
could have adverse consequences
to your legal status.
You understand these rights?
Any questions about the rights?
All right.
So let's go to the indictment.
Do you have a copy of the indict
in front of you? Yes. Thank you.
And you see in the hit heading
your name there is that you're
correctly spelled complete name.
Yes, it is. Is that the correct
birth date underneath your name?
Are those the correct last four digits
of your Social Security number?
All right. Thank you.
All right, I'm going to read you
the charges on the indictment.
Starting with Count 1, burglary,
that is a felony under Idaho
Code Section 18-1401 and 1403.
This alleges that you
honor about November 13,
2022 in Latock County,
State of Idaho did unlawfully er
a residence located at 1122 Kin.
Moscow with the intent to commit
the felony crime of murder.
Count 2. Murder in the First
Degree That is a Felony under
Idaho Code Section 18, Dash
400140024003 and 4004.
This alleges that you honor abot
November 13th, 2022 in Lake Top County,
State of Idaho did willfully,
unlawfully, deliberately,
with premeditation and with
malice of Fortho kill and murde.
Madison Morgan,
a human being by stabbing Madison Morgan,
from which she died, count 3.
Murder in the First Degree,
A Felony under Idaho Code Section 18, Dash
400140024004003 and 4004.
This alleges that you
honor about November 13,
2022 in Late Talk County.
Did willfully, unlawfully, deliberately,
with premeditation with malice aforethought,
kill and murder Kayla Gonsalves,
a human being, by stabbing Kaylr
Kayla Gonsalves from which she ,
count for murder in the first degree?
That's a felony under
Idaho Code section 18, dash
400140024003 and 4004 alleging
that you honor about November 1,
2022 and light talk County.
State of Idaho did willfully,
unlawfully, deliberately,
with premeditation and with mal.
Aforthot kill and murder
Vena Kurnodle. Excuse me,
this is hard. I'm sorry,
Ana Zana for noble for nodal a
human being by stabbing Zana for
nodal from which she died count
5 Murder in the First degree.
This is a felony under
Idaho Code Section 18, dash
400140024003 and 4004.
This alleges that you honor abo.
November 13, 2022,
in light Talk County,
State of Idaho, it willfully,
unlawfully, deliberately,
with premeditation and
with malice aforethought,
kill and murder Ethan Chapin,
a human being,
by stabbing Ethan Chapin,
from which he died,
so signed on May 16, 2023 by
the presiding grand jury juror.
So now I'm going to go to the
maximum penalties of each charg,
starting with count 1,
burglary minimum one year in
up to 10 years in imprisonment
fine of up to $50,000.
Are both fine and imprisonment,
restitution for the victims.
Economic losses resulting from the crime
for counts 2. 3-4 and five murdn
the first degree, maximum penal,
life in prison or the death
penalty fine of up to $50,000
for both fine and life in priso,
or the death penalty restitution
for the victims economic losses
is broken from the crime.
Also additional fine of up to $5000 to be
paid directly to the victim's standards.
You are found guilty or
plead guilty on each charge,
and the maximum sentences
are imposed consecutively.
That means right after the othe.
You could be facing 10 years in prison,
followed by 4 consecutive life
sentences or death penalties.
Fines of up to $200,000 and
$20,000 to be paid directly to
the families with any restituti.
Resulting from the crimes.
OK.
Do you understand the charge in Count 1?
Yes. Do you understand the maximum penalty?
Yes. Do you understand the charge in Count 2?
Murder in the first degree? Yes.
Do you understand the maximum penalty?
Yes. Do you understand the charge and
count 3 murder in the first degree? Yes.
Do you understand the maximum penalty?
Yes. Do you understand the charge and
count 4 murder in the first degree? Yes.
Do you understand the maximum penalty?
Yes. Do you understand the charge and
count 5 murder in the first deg?
Do you understand the maximum penalty?
Yes. And Miss Taylor, is Mr.
Coburger prepared to plead to these charges?
Your Honor, we will be
standing silent because
Mr. Coburger is standing silent.
I'm going to enter not guilty ps
on each charge counts 1234 and .
Now, at this juncture,
the state has 60 days to give ne
of intention to seek the death penalty.
And Mr. Coburger has a constitutional
and statutory right to a speedy trial.
So let's start with you
as Taylor and then Mr.
Thompson to discuss
scheduling scheduling. Your
would ask the court to set this trial at the
very outside of the speedy trial, right.
We're not prepared to do anythig
but ask the court to do that to.
Counted out. And that would be.
I have not counted it out,
your Honor, but I believe that
would be about November 22nd,
maybe November. So I'd ask the t
to set it for an October trial .
How long do you think it'll take to try?
My best guess is it would take
at least four weeks, maybe 6.
So you'd like me to set this for a six week?
At this point I would
do so. I will have to get rid
of. The other three trials I ha,
but this is more critical.
So, Mr. Thompson,
those trial dates are workable
to the state judge.
About October 2nd, starting OK
for six weeks.
Yes, Sir.
Anything else we need to address today?
Not with regard to the trial setting,
No,
nothing for the state is this t.
All right, So with that.
By the way, I do want to
let everybody know,
if they don't already know this,
that once the grand jury
issued the indictment,
the preliminary hearing scheduld
to start on June 26th was no
longer needed and was vacated.
So some people are confused about that.
So I thank, thank council.
And I am the media and the publc
for your attention and respect.
So we are adjourned. Thank you.