Brian Koberger was back in a Late Talk
County courtroom this afternoon where a
judge heard arguments from his defense
and the prosecution over several issues.
Koberger is the man accused of murdering
4 University of Idaho students in a home
just off campus in November of last year,
and just yesterday the prosecutn
filed their intent to seek the h
penalty if a jury finds Koberger guilty.
That's not the only issue that
brought came up, though.
News Channel 7's Morgan Romero s
in court in Moscow this afterno,
a shorter hearing than expected.
Morgan, what did happen?
Yeah, well Doug, they are origiy
supposed to address several iss,
but today's hearing was a lot
quicker than we expected,
ended a lot sooner than we had anticipated,
and there was quite a bit of
confusion in the courtroom.
They only took up one of the for
issues that were on the calendar
2 motions to compel discovery
filed on behalf of the defense.
Rather than all the other issue.
So the attorneys I'm told,
are working on these other
things behind the scenes,
and those include a motion to
release grand jury proceedings,
transcripts, records, materials.
As well as a motion to stay
or pause proceedings.
A spokesperson with the Idaho Judicial
Branch says it's not unusual for
attorneys to work on this behind closed
doors and do this sort of thing.
But the prosecution and the
defense do disagree about whethr
or when certain records should e
disclosed to the defense attorns
were also supposed to take up a
third motion to compel discover.
I mentioned they talked
about two motions to compel.
There is 1/3 and that has to do with the
defense wanting documents related to DNA.
And the genetic genealogy
investigation that the FBI did,
That led them to Coburger.
But yesterday,
the state asked for more time
to respond to that ask,
and the judge granted it.
As for what was brought up in court today,
the defense wants training
records of officers who did
interviews with key witnesses,
followed up on tips,
collected bits of evidence.
But the state says it's out of
scope under Idaho rules,
and they won't call those offics
to testify at trial.
They say it's not material to their case.
The judge says he'll consider
arguments from both sides on th.
He'll look at case law.
And then make a decision.
Coburger's defense attorney and
Taylor is still asking prosecutors for
investigative reports and conclusions
from all cell phone analysis that was
done by the FBI cast team to fid
the location of Coburger's phon.
That information,
as we previously reported,
was used in the probable cause
affidavit to arrest Coburger
and get several search warrants.
Taylor also wants reports from e
FBI forensic examiner related to
the change in the year of the we
Hyundai Elantra that they were
looking for in their search for the suspect.
She said prosecutors told her
they'll give her some of that i,
but they don't know when.
So she asked the court to set a deadline.
And as the court is aware,
the state has filed this noticed
intent to seek death against Mr.
Coworker. These are critical,
relevant materials, all of them,
including the police training records.
They're necessary for us to pree
and present our defense of Mr.
Coworker. They're necessary
for us to do our investigation.
They're necessary for us to prepare our case
and our motion practice moving forward.
These are things that we need to have.
There is a heightened standard
now that the state has filed ths
Notice of intent to seek death,
and these are very relevant
critical bits of information.
They are discoverable and we're asking the
court to order that they be supplied to us.
So Miss Taylor's correct.
She has everything that the
state has in our possession.
And we work diligently and consistently
in getting her all the informatn
that we have in a quick fashion.
Today we have discovered approximately
about 13,000 pages of reports,
13,000 photographs, over
10,000 tips and over 51 terabyts
of audio, video information.
Yeah, a lot of evidence.
The defense saying that they
don't believe the prosecution is
withholding this information.
They believe they are providing
it as soon as they can.
But the judge did set a July 14h
deadline for the federal governt
to provide all of that informat.
There might not be hearings
on those other issues.
We talked about the motion to
release the grand jury transcris
and records as well as that motn
to stay proceedings if attorneys
can resolve all of these matter.
Again, as I mentioned behind
closed doors rather than out ina
public courtroom setting, Doug.
And you mentioned also
that that is not uncommon.
To do it that way, Correct.
Yeah, that's right.
Nate Poppano, he's a spokespersn
for the Idaho Judicial Branch.
I asked him that question.
He said it's not necessarily uncommon.
Attorneys do this all the time.
And it was something that actuay
going into today's hearing,
after I'd reported that I thougt
it was going to take several ho,
was told by some people who are
really in the know that they've
seen over the last 20 years that
happen often in cases like this.
Yeah, less than an hour today.
Morgan, thank you so much for
your reporting today from Mosco.