Dateline Leak Threatens Idaho Murder Trial Ashleigh & Brian Entin React - videohaat.com
hi everybody i'm Ashley Banfield and
this is a bonus episode of Drop Deadad
Serious and I always tell you to
subscribe so you don't miss these bonus
episodes but I just found out some
information a couple of hours ago and
been processing it figuring out what it
means but the judge in the Idaho
quadruple murder case is now
contemplating the possibility of
delaying the trial it's supposed to
start the second week of August jury
selection is supposed to start the last
week of July two weeks of jury selection
and then boom into the evidence but
because of that datine episode the dine
episode that aired a couple weeks ago
that just broke open so many scoops so
many details that have been under gag
for like two and a half years um Brian
Coberger's lawyers are worried and they
want a remedy of some kind right now
they're suggesting the remedy is to give
them more time delay the trial so that
they can deal with the fallout from all
of that leaked
information and it's a big big deal
because uh so much information was
leaked and they're trying to find the
leaker and they're trying to figure out
the impact on the jury pool and that
could take time because we are really
only a matter of weeks away like you
know two months not even I think uh
before uh this gets underway and so um I
had to call Brian Anton right away and
and find out because he was in court
just last week uh and find out like all
of the issues uh that this affects all
the different reasons this trial might
be delayed and even more importantly one
very important remedy the judge might be
able to take that nobody um who's really
really invested in this case might
appreciate so here's my conversation
with Brian okay Brian oh my god um you
know I suspected that the dine
revelations might cause a little trouble
but I did not suspect they could cause a
delay
yeah i mean um I had a feeling that the
defense was going to I mean they've been
trying everything to to delay the trial
so it doesn't surprise me that they
filed this 40page um brief that I've
been going through i would say like 3/4
of it are things that you would expect
just like "Oh we need more time to go
through the evidence." Kind of the
standard stuff you hear but the last 25%
like "Oh my gosh that's where they
really dig in on dine."
uh the fact that um you know that that
this leak happened and that they need to
figure out what happened before they can
move forward with the trial and then I
don't know if you saw this they even
called out James Patterson bestselling
author James Patterson and said that he
plans to release a book 16 days before
the trial and they suspect there will be
even more leaked information in that
book so they use that too to say like we
got to we got to slow everything down we
got to wait for that book and then we
only have 16 days to deal with what's in
that book you know how fast do you read
a book it takes me a whole year
but you know I something stood out to me
in the motions that were filed after
Deline and one was the preservation
notice if anybody out there is familiar
with the way um cases legal cases often
work especially civil ones but in this
particular case criminal um that you
know a motion will go out a notice will
go out to preserve your email do not
start deleting because we have some
action we're about to take whether we're
going to sue you or whether we're going
to um compel and subpoena your your
personal records whatever do not delete
and so this preservation notice went out
to like everybody who could have been
the leaker so all the police officers
all of the court uh officers everybody
with the defense everybody with the
prosecution they all had preservation
notices okay so now imagine how many
terabytes of information are in my email
alone mine alone i get 800 a day texts
emails teams all the rest now multiply
that by everybody who's in the
preservation notice do you know how many
terabytes of information they have to go
through to find out what else is out
there who the leaker was to try to like
resolve this problem i could see that
taking a year that alone yeah and who's
going through it we don't even really
know i mean they told everybody to
preserve it um and he said that he's
considering appointing a special
prosecutor which would be someone from
the outside to come in who would have
like subpoena rights and could actually
investigate this whole leak and try to
figure out who it is but he hasn't
actually done it um so I'm interested to
see how this plays out look this judge I
told you Ash last time I mean he does
not play around he seems like he's
personally offended by the violation of
the gag order like that was the sense
that I got in court like he is ticked
off like personally like he he's like
you know what I mean like and um I don't
know I just I think it's going to be
really I don't I just feel for the
families i mean if they end up delaying
this thing everybody got Airbnbs and
hotel rooms and they had to take the
time off work i mean you have to really
plan to take 3 months off you know and I
just feel for them if you know if this
thing gets pushed i'm going to go on
record and ask all the bosses out there
who may have a connection to a victim
who is trying to make time in their
schedule uh to find justice in their
lives from a quadruple murder go easy on
these people give them flexible time let
them be you know let them as Mel Robbins
I think says just you know make make it
easier on these folks uh any way we can
if you know if I were an airline I'd say
no charge for the change fees all that
kind of stuff you know and sometimes
that that does happen but let let's just
remind um the listeners and the viewers
right now Brian like all of the things
that were actually revealed in the
datine why they were such a big deal i
mean start with like the search history
of Brian Cobberger like they found well
dine revealed that they found searches
for Ted Bundy yeah yeah that was
something that we had I mean this gag
order had there's so little that has
leaked out so um all of it was really
pretty explosive and I had heard before
the episode like "Oh just wait this is
going to be huge." And I thought like
"Okay whatever." Like everybody says
that about everything you know i mean it
it really was the search history the
pictures the selfies um porn in the
black hoodie like wasn't the the selfies
in the black hoodie taken the day after
the murders or was that just what I'm
thinking about in the bathroom that
morning yep the day after and the and
the the phone history and the fact that
he called his parents i mean it was all
really and it was it was and this it's
interesting in the defense um motion
they talk about this it's it's like the
way they weaved it together um to really
depict a motive you know what I mean it
seems like that's the problem the
defense has um the show I'm just reading
this the show repeatedly emphasizes the
non-public nature of this information
stating it was obtained from unnamed
sources who are close to the
investigation and that the materials
were obtained exclusively they talked a
lot about the fact that they were
exclusive that that made it even worse
um and uh and then they went on to say
that you know that they believe that it
came from law enforcement um which the
judge didn't fully say that in the
hearing I don't think um but the the
defense is saying like all indications
are it came from law enforcement i
wonder if they think it came from law
enforcement in Idaho or maybe law
enforcement in Pennsylvania yeah
Pennsylvania right because there's a
Pennsylvania piece yeah yeah and they
may have had the phone first you know i
mean you think about those um local
troopers and stuff that were there um so
they how do you I remember you were
there you were at the jail you of course
Brian gets all the sources in the world
you actually had a source in the jail
who gave you all of this information
about where he was being housed how he
was being dressed where like I remember
there was an actual description from
your source on this segregated cell that
was all glass in the front where Brian
Kberger was being held overnight so they
could watch him in his suicide vest but
um but I wonder like is is it possible
that anybody at the Pennsylvania jail
might have been able to do a download
like how long was he kept there i'm
trying to remember i don't think so i
mean he wasn't there long um and I don't
think the people at the jail would have
had his phone i mean remember this was
all a coordinated they had been watching
him with the FBI and watching him go out
to the trash cans it wasn't like they
just randomly picked him up and s like
you know the jailers had a control it
was kind of a planned thing so I would
be shocked if it was like anyone at the
jail who had the phone but you know you
never know Pennsylvania State Police or
who knows i mean it really could have
been it could have been anyone well
someone in Pennsylvania definitely had
his phone whether they put it into
evidence right there at the house during
the raid um my suspicion is it's like in
the middle of the night he's allegedly
wearing gloves and putting trash into
separate baggies right as a good
forensics person would do if he might be
guilty of a terrible crime and he's
trying to hide trash but um my suspicion
is that they would not bring him to the
jail with with a phone in his back
pocket they would have looked for that
first and that that would have been
instantly put into evidence sealed in an
evidence bag and and who did the who did
the raid was it Pennsylvania State
Police did the raid they were there fbi
was there um yeah so there was a several
different agencies um but what I thought
was interesting I've just been like
digging into this document um with from
the defense trying to delay things is
one thing they're saying Ashley is that
the reason they think they need to know
who the leaker is before they can go to
trial is because they're saying they
need to be able to judge the credibility
of the law enforcement witnesses um at
the trial and so without um the this
investigation being finished and them
trying to at least figure out who the
person is who leaked the information
they're saying they can't do a fair job
questioning witnesses not knowing who it
actually is which I thought was kind of
an interesting argument um yeah I'm
trying to get my head around that just
because you leak information doesn't
mean you're not um good at uh feriting
information out you know and getting
doesn't mean the information's bad maybe
you're bad at holding it but it doesn't
mean you're bad at getting it um you
know and and bringing it to trial
because not every case has this kind of
gag order cops are are doing this job
all the time and they don't have that
and I'm interested in you saying the
judge took it personally this Judge
Hitler i don't know Judge Hitler from
Adam but I I'm probably gonna get to
know him soon but don't take it
personally dude you're the one that put
the gag order on the case you know yeah
you're the one that made it so difficult
for everybody that there is this massive
effort to figure out what's happening
for journalists to do their job and so
suddenly they do their job and you're
mad well that's kind of and it was it
was Judge Judge who first came up with
the order but Hitler ended up saying yes
let's keep it and I think even added a
few things but you're right it's I was
just think like they're kind of living
in this bubble in Idaho of like this is
how things are and like I mean to think
there's a leak and now the whole case
may be delayed but you think about like
Diddy and all of these other trials
there's all sorts of information that
gets out through the whole thing they
found a jury just fine um so it is kind
of interesting when you think about a
big picture like gosh is this really
that big of a deal i mean I was
interested in your interview with Edwina
El Cox in which she said first and
foremost she said "Look for any of the
reasons that the defenses wanted to
delay this one would be the one that
they might actually get." Um and I like
the fact that she was so clear about the
appellet issue it's like if the families
are upset about being put out um now and
I understand I would be too they will be
upset by multiples if they have to go
through all of this again because
something caused an appellet issue from
this leak that meant a mistrial and then
in two years time we're going to be here
again yeah and you're dealing it's a
death penalty case i mean so you're it's
life or death um for Brian Coberger so
that's what Edwina was saying i mean at
the end of the day you got to make sure
everything is every box is checked and
if they have to delay a month or three
months I mean Brian what do you think
the judge could do to satisfy the
parties without changing the schedule
i don't know i've been wondering about
that is there some kind of like negot I
don't know you'd know better than me
legally how it works is there some kind
of negotiation that could happen behind
the scenes like
um you know we'll take the death penalty
off the table if um we don't and we
won't delay the trial and we won't get
into all of these issues with with the
leaks could they get the prosecution to
agree to that i I just don't I mean you
know some of the family members the way
I do i mean a lot of them are very
serious about wanting to see Brian
Coberger fry die um I don't know that
they would go for that
well um that's an incredible point
um if you think about Lorie Valow and
what happened in her case the
prosecutors were one day late with key
discovery and they didn't even believe
they were late the the law said that
they had to meet a discovery request
before this date and they met the
discovery request on that date it's the
difference between the word on or before
and the prosecution screwed up and they
gave it on the date which was one day
late and that is what took death penalty
off the table for Lori effing Valow so
this is much bigger right this is this
is law enforcement part of the
prosecutorial process um violating a
critical gag order that has been in
place for two and a half years for a
reason right they they believe it was
critical to have it to keep the process
pristine and now the process is not
pristine so if Lorie Valow got a a
freebie on the death penalty because of
a
oneday delay in in discovery that wasn't
intentional it somebody misread honor
before um I I could see this being
something whereby Judge Hitler could
say "I have to delay this trial
um in order to make good on this problem
of this this violation." Or families
ladies and gentlemen uh we're we could
be here again because this could cause a
mistrial on uh on appeal right this
could be a huge appellet issue and we
could all be back here again in a year
or two retrying this case and you don't
want that you you don't you you want
this case to go to trial now how about
having to do it all over again can the
judge say though I mean it's almost like
can the judge try to persuade the family
to go in that direction is is that
really the judge's role yes and and it's
not the families they they don't hold
the final vote the families are input
and they are listened to but they are
not the arbiters of what happens no and
it will break their hearts if this
happens against their will but the judge
may say to them "Look it's a devil's
bargain but you can get this trial on
track now and we can offer the defense
no death penalty we'll get this trial on
track and then the appellet issue won't
be there." But how is this such a big
deal i don't get it Ashley like again I
just go back to all the cases that we've
covered where there are leaks and leaks
to even us on other cases and I guess to
think that a leak something as simple as
a you know even though it was really
intense information in photos but like
to think that that could have an impact
in that way is kind of just crazy to me
you know what harvey Leven told me
something really interesting about
that not all cases are the same and and
obviously they're not right but this guy
and this case is so heinous right he's
so hated before he's convicted and I'm
not saying he's going to be convicted
but before he even gets his moment in
court he is so
despised by people across the country
people around the world people in Idaho
right they hate this man they wanted
They talk about the firing squad they're
they're wearing t-shirts you
know Charles Manson was also despised in
California when he went to trial and
that was such a massive case right my
god Sharon Taid and it was it was such a
famous case but when the jurors who were
sequestered were walked from their hotel
to the courtroom they walked past a
newspaper box you know the kind that you
used to get your newspaper out of pay
your quarter get they walked past a
newspaper box and it had a big headline
about the Charles Manson case and the
judge was going to call a mistrial
because of it because they saw it on the
way past and again I think it's
because every case has leaks and
headlines here and there but when these
people are so despised they're coming in
at such a disadvantage they have to be
protected from everything and this is
one of those things where dateline I
mean my god really you know porn with
drugs and and force or whatever these
terms were you know like these were
pretty ugly things the white Elantress
circling the house on video it it's just
all in the juror's minds now so there's
not there's not a way to unsee those
things and unring those bells and they
hate them already again I don't know i
mean I've just gotten to know them so my
mind does just go back to I know the the
the victim's families don't want there
to be a delay i mean you know what I
mean like they
just they're I mean you know that too
they're they're ready to get this thing
going so yeah and I just can't imagine
if they're really going to do an
investigation and really get a special
prosecutor it's hard to imagine they
could accomplish all of that before
August 11th we should remind the
listeners and viewers um guys we usually
think that that victims are closer to
the case that you know the prosecutors
the prosecutors are their lawyers right
and so somehow they're like involved in
the case and they get updates and nope
when there's a gag order the victim's
family members in this case know as
little as you and I do so they're being
treated the same way that you and I do
so you just imagine for a minute how
frustrated you are and now just multiply
it by by millions to see how frustrated
they are because the stakes for them are
so much higher and it's it's hard to
sort of you know walk in their shoes
friend well and that's one thing that we
hear from them um is it's just time that
we know what happened we want to know
you know they want it's not like another
case because of the gag order where the
evidence has come out and we've been
able to do reports and stories and go
through it all and explain it all
because none of us really know because
it's it's been so hidden and they don't
know either so um that's something I've
heard a couple of times like we're just
ready to know what happened you know
they don't know i mean imagine three
years and not still not knowing yeah
just I'm going to run down the list real
quickly to remind everybody why today
we're having this conversation dine had
um the Ted Bundy search the search for
uh porn with drugs and sleeping and then
the words forced uh had lots of pictures
of girls was they were following he was
following lots of um girls on Instagram
from WSU Washington State University and
University of Idaho uh the datine got
the video of the white Elantress
circling the house at the time of the
the murders um there the pictures of the
hoodie the black hoodie after the fact
um then the really awful stuff about the
I'm not sure I believe this i I don't
know i I'm I'm reserving judgment on
this that they said that they knew that
um Zanna and Ethan's room was attacked
and that somebody's artery was hit maybe
there was a spray on the wall but that
and that Ethan's legs were cut up like
that was just such a bizarre and awful
detail and I don't know i'm just not so
sure if he was if whomever it was in
that room killing uh two people and then
killing two others uh prior to that um I
just can't imagine that they weren't
doing it very very quickly and getting
out
yeah i mean you would think
um I it's you know I told you last time
they've got this this model made up of
the house it's just going to be interest
again things we don't know to have them
really map out exactly how they think
this happened um you know were there was
he perhaps not planning to uh whoever
did it kill that many people and there
were more people there than he expected
i've heard that a lot and you know in
the confusion that's why he left the
knife sheath i mean we just don't we
don't know yeah well I know you're going
to find out uh first when we we hear if
there's going to be a delay so um watch
this space i drop these bonus episodes
all the time i tell people to subscribe
because Shazam I I called Brian like
minutes before this and said "Can you do
a bonus episode with me and you're such
a sweetheart thank you for doing this
i'm always so appreciative." when it's
hard for us to plan anything with these
with your episodes or you know any I
mean it's it's just we're in that time
right now where at any moment like these
new documents drop and it changes
everything so yeah call me when you hear
okay thanks Brian i know it's a late
night thank you for staying up right
thank you bye bye
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