Court has adjourned as Brian Koberger was
back in a late on county courtrm
where a judge heard arguments fm
his defense and the prosecution
over multiple issues. Koberger
is the man accused of murderingr
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.
And that's not the only issue
that got brought up today.
News Channel 7's Morgan Romero s
in court in Moscow this afterno.
Morgan, what can you tell us
about what happened in court?
You know, guys, court today was a lot
quicker than expected if you wee
tuning in last night to the news at 10.
And today on the news at noon,
we said that we expected today's
hearing to last several hours
because there were four things t
they were supposed to discuss,
motions to compel, the first mo,
the second motion and the
third motion to compel,
as well as motions to release
the grand jury records and
transcripts of those proceeding.
As well as a protective order
over all of those records.
And then the last thing was going to be
a motion to stay or pause proceedings.
But they only took up one issue rather
than those four issues on the calendar.
They took up the two first motions to compel.
On that third issue,
the state said it wanted more te
to respond and today just filed
in the cases of interest databa.
The judge granted that order.
That third motion has to do with
the defense wanting information
on genetic genealogy.
That was done,
that led the FBI to build a
family tree leading to Coburger.
So on all those other things
that were not taken up,
I'm told attorneys are working
together on those issues.
Again, to reiterate,
that's the motion to pause proceedings
and the release of grand jury materials.
A court spokesman says that is t
necessarily unusual and there may not
be any hearings in the future at
those things if they work it out
behind closed doors and can resolve those.
So on those motions to compel discovery,
that first motion the defense
is asking for records of.
Training related to officers who
did several witness interviews.
The state says that is not
material to the investigation.
They don't believe that they're going to
call those officers to testify during trial.
And they say it's out of the scope of
Idaho rules to provide that information,
those training records on those Idaho
State Police officers in their backgrounds.
But the defense says it is pertinent.
These were interviews and interrogations
that were done with witnesses that then
led them to certain evidence and led them to,
of course, their defendant,
Brian Koberger.
That second motion to compel
discovery has to do with investigative
reports and conclusions.
From all cell phone analysis
done by the FBI cast team.
So the defense is asking for all
records and reports related to
information that was used in the
probable cause affidavit That l,
then led them to arrest Brian
Koberger and has also been used
in several search warrants.
Along with that ask,
they're also asking for reports,
communications and documentatio.
From the FBI forensic examiner o
changed the year of the white Hyundai
Elantra that law enforcement was
originally looking for and chand
it to the year that Brian Kobers
white Hyundai Elantra they say was made.
So few things are still working.
They say the prosecution isn't
hiding these things from them
other than the training records.
They say the stuff from the FBI.
They don't believe the
prosecution's hiding it from th.
They think that the prosecutions
waiting on it just as they are,
so they're trying to compel.
The federal government to
give them those documents.
So the judge said today in an o,
we are going to give the federal
government by July 14th to
provide these records to both
the prosecution and the defense.
The defense saying that all of s
information is really pertinent to them
providing a fair defense for thr
defendant for Brian Koberger as well.
As now that the the fact that te
death penalty is on the table,
it makes it even more critical
and irrelevant at this time.
Again,
that hearing today not lasting
as long as we expected.
They didn't take up all the mots
that that were on the court calr
and we don't know if they will
take those up in a public forum
or if they'll continue to work
on those behind closed doors.
Back to you guys.
I was going to ask because of te
shortness of today's proceeding,
Morgan, if they had set maybe
another date or something for a
time to take up these other iss.
No, they've not. The only date t
the judge gave today was at July 14th
to compel the federal governmen,
both the FBI cast team and the I
forensic examiner that looked ae
Hyundai Elantra to give the documents
that the defense is asking for.
And again, they don't think the
prosecution is hiding those from them.
They just want to really, you k,
compel the federal government to
provide those and put a deadline
on them because it is,
it is bureaucracy that they're
dealing with here.
All right, Morgan, thank you very much.
And we'll hear more from Morgan
coming up today on the news at .
We'll also have reporting on ktvb.com.