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Bryan Kohberger attends a Boise, Idaho, court hearing to accept a guilty plea deal for the killings of four college students.
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00:00In 665, a defendant is present in custody with counsel, Ms. Thompson, Ms. Jennings, and pardon me, Ms. Taylor, Ms. Massoff, and Ms. Barlow.
00:12The state's present with Mr. Thompson, Mr. Horowitz, Ms. Jennings, and Mr. Nye is here as well.
00:28Am I missing anybody? I'm sorry.
00:30Ms. Allen is here as well, Your Honor.
00:32Ms. Allen is here as well. Very well, thank you.
00:34All right, we are here today to entertain a change of plea.
00:40Before I start, I want to address some issues of concern and otherwise.
00:49First, I appreciate everybody in attendance today being on their best behavior.
00:55Please, no outbursts or demonstrations.
00:58Any such conduct will result in immediate removal and may result in an inability to attend further court proceedings in this case.
01:10I want to point out that there have been calls by some for the public to contact me and my office in an attempt to influence my decision-making in this case.
01:21This has been extraordinarily disruptive for court staff and the ability for them to get work done, not only in this case, but in other cases where defendants
01:32are entitled to have their cases processed and, frankly, as important, if not more so for victims to have their cases processed in those cases.
01:48It's also highly inappropriate.
01:51A court is not supposed to, and this court will never, take into account public sentiment
01:59in making an opinion regarding its judicial decisions in cases.
02:07Courts should, and I always will, make decisions based on where the facts and the law lead me, period.
02:16I have not read any of the numerous messages nor listened to any of the numerous voicemails that have been sent to me and my staff.
02:26Those have all been forwarded to security and, where appropriate, to law enforcement.
02:31I ask that you not continue to mount such campaigns or to send me information like this because, again, it is not appropriate
02:41and, frankly, not something I would take into account when deciding a matter in a case like this.
02:49I also want people to understand some very basic concepts about the ideas of separation of powers and what the court's duties are
02:59and what the duties and the rights of the executive, or, in this case, the prosecuting attorney, is.
03:09The executive, the elected prosecutor, is the sole authority in deciding what charges to pursue,
03:16including whether, as well as what penalties, to ask for, and what penalties to pursue, including the death penalty.
03:29This court cannot require the prosecutor to seek the death penalty, nor would it be appropriate for this court to attempt to do that.
03:38This court, in considering a plea agreement, if it were to reject this plea agreement, cannot force the state to seek the death penalty.
03:55My role and power in considering a plea agreement is extremely limited.
04:00My role is to ensure that the defendant's plea is given freely, voluntarily, and intelligently.
04:09If those things are met, I can only reject a plea, such as the one in this case, where I'm not being asked to agree to the sentence in advance.
04:19If, I can only reject it, for example, if the defendant does not meet or admit to all of the elements of the crime.
04:31That is, I can ensure what is called a factual basis to the plea.
04:36Finally, I want to offer my apologies to all the families, including the victim's families, the families of the defendant,
04:50for the short notice for today's hearing, and I'm sure what must have been the hurried efforts to get here.
04:57I, like most everyone else, learned of this plea agreement Monday afternoon and had no inkling of it beforehand.
05:10Prior to that time, I was under the belief that this case was proceeding to trial, as had been indicated,
05:16and my staff and I were busy continuing to work on preparations to have potentially 10,000 citizens of Ada County come to jury duty starting in mid-July.
05:27With the questionnaire process in mid-July.
05:35Once I learned of the defendant's decision to change his plea in this case, it was important that I take the plea as soon as possible
05:43because of the extraordinary administrative efforts that were otherwise attendant to the process of getting this trial
05:55potentially underway on time and including the significant process of bringing, again,
06:03potentially up to 10,000 jurors to come in and fill out juror questionnaires prior to the beginning of the voir dire process.
06:11And so, it was important that we, if we're going to go down this road,
06:21do so expeditiously so that we can avoid those costs and expenses associated with that.
06:30Otherwise, if it was not going to result in a plea, or if for some reason the plea were to fall through today,
06:36that we could continue diligently towards trial at the time specified.
06:43And so, that obviously required that we act quickly.
06:47And so, some folks may have not had the amount of time that we would otherwise allow for, for them to travel here.
06:57And so, again, I apologize for that.
07:00I want to make people aware that during the hearing, if you are to leave the courtroom for any reason,
07:09you will not be readmitted during the hearing.
07:14Also, when we finish the hearing this morning, I ask that the public and media wait in their seats
07:19until the victim's families and the defendant's families and others are escorted out of the courtroom
07:27before you start to leave.
07:30Finally, I want to acknowledge the trial court administrator and her staff, the Ada County Sheriff,
07:38and the Ada County 4th District Marshal Service for the huge lift that they've accomplished
07:43in preparing for and orchestrating this hearing today, as well as to all the security attendant today
07:49that you see, and some of whom you, many of whom you don't see, with less than 48 hours' notice.
07:56And so, I appreciate the hard work that they've been doing, frankly, some of them while they were on some vacation
08:03prior to the trial starting and had to call that short.
08:06And so, I appreciate very much their professionalism and dedication.
08:12All right.
08:13That said, let's move to the business of today.
08:17I understand the state and the defense have reached a plea agreement in this case.
08:24For the record, I have a written plea agreement, which indicates, in sum,
08:35the defendant will plead guilty to all five counts in the indictment,
08:41burglary, felony, and first-degree murder, four counts.
08:45The state and the defendant stipulate, that is, that the defense is not free to argue for a lesser sentence
08:55at sentencing, to the following.
08:58The defendant on the burglary charge will be sentenced to 10 years, fixed.
09:03And that the defendant on counts two through five, the four counts of first-degree homicide,
09:08on each count would receive a fixed life sentence.
09:11All five of those counts to run consecutive to one another.
09:14The defendant, as part of the plea agreement, waives his right to appeal,
09:21as well as his right to appeal the sentence,
09:24and his right to seek leniency or reconsideration of the sentence under Idaho Criminal Rule 35.
09:36This is not a Rule 11 agreement, meaning the court is not bound by the plea agreement,
09:42and could impose a different lawful sentence at sentencing.
09:47The stipulated agreement between the parties is the maximum on each count,
09:51so theoretically the only thing the court could do would be a lesser sentence at sentencing.
09:57But the defendant is not free to ask the court to do so under the plea agreement.
10:01Are there any other material terms of the plea agreement that the parties would like to make?
10:06Obviously, the plea agreement, the written plea agreement will speak for itself,
10:09will be part of the court record.
10:11Not from the state, Your Honor. Thank you.
10:14No, Your Honor. Thank you.
10:15All right. Very well.
10:15All right.
10:24Ms. Taylor, have you had sufficient time to discuss this case and all of its ramifications with your client?
10:32I have, Your Honor.
10:34Have you discussed fully with him his rights, defenses, and possible consequences to him of the guilty plea?
10:40Yes, Your Honor.
10:40Have you been able to do all the discovery you feel necessary?
10:43Yes, Your Honor.
10:46And have you informed your client of the importance of providing the court truthful and accurate answers in taking this plea today?
10:52I have.
10:54Have you apprised your client of any and all offers and counteroffers and answered his questions about those?
10:59Yes.
11:00Do you consent to the entry of the plea today?
11:01I do.
11:03All right. Mr. Kohlberger, I need to ask you some questions this afternoon, or I guess it's this morning still.
11:08I do this to ensure that you understand the nature of the charges to which I understand you're going to plead guilty as well as the possible consequences to you of your guilty pleas.
11:21I want to make sure your plea is given voluntarily, and I want to make sure that you actually committed the crimes to which you're pleading guilty,
11:29because I don't want you to plead guilty to a crime you didn't commit.
11:32If you attempt to plead guilty today, but for some reason I don't accept your plea, then it is possible that your statements today could be used against you later at trial.
11:41Do you understand that?
11:43Yes.
11:44All right. Thank you.
11:45And while you're standing, actually, why don't you take the oath from the clerk?
12:01Yes.
12:02All right. And Mr. Kohlberger, just to make it easier, you don't need to stand when you speak to me.
12:06I appreciate the sign of respect, but for convenience, you can remain seated.
12:11All right.
12:14Before I start asking you questions today, have you consumed, substantive questions, let me ask you,
12:23have you consumed any alcohol, drug, or other intoxicating substance that would impair your ability to understand or exercise reasonable judgment?
12:32No.
12:33You feel like you are thinking clearly today?
12:35Yes.
12:36All right. I want you to understand what the possible penalties are for each of the crimes,
12:40to which I understand you're going to offer a guilty plea today.
12:44They include, on count one, the burglary, a fine of up to $50,000,
12:49and a period of incarceration of up to 10 years in the state penitentiary.
12:53You may be required to pay restitution to any victims of the crime.
12:56Count two, three, four, and five for first-degree murder.
13:03The consequences include a fine of up to $50,000, a period of incarceration of life imprisonment,
13:12which is a requirement of a sentence, that it be a life sentence with a mandatory minimum sentence of at least 10 years on each of those counts.
13:24In addition, you would be potentially responsible for a fine of up to $5,000 to each of the victims of your crime,
13:35to be enforced in the form of a civil judgment, to operate as additional punishment.
13:42This is in excess of any restitution or fines that the court could order.
13:49And again, you may be required to pay restitution to the victims of the crime.
13:52You would be required to provide, as to counts one, two, three, four, and five,
13:58a DNA sample and a right thumbprint impression, and potentially pay for analysis of those samples.
14:04You would lose any right to possess, purchase, or carry a firearm, the right to serve on jury duty,
14:09the right to hold public office, and the right to vote.
14:11Do you understand the charges and all those possible consequences?
14:15Yes.
14:15You've heard the plea agreement that I talked about today.
14:29Do you agree with that plea agreement?
14:31Yes.
14:32And do you understand the nature of the charges that you've been charged with,
14:39that I understand you're going to plead guilty today to?
14:42Yes.
14:47As I indicated, I'm not bound by the plea agreement,
14:52but the plea agreement is for the maximum on each count.
14:55Do you understand that I'm not bound by the plea agreement?
14:58Yes.
14:58Has anyone promised you that I would be lenient or easy on you if you pled guilty?
15:04No.
15:05Has anyone threatened you or anyone close to you to get you to plead guilty?
15:09No.
15:10Has anyone, other than the state's agreements with respect to the plea agreement,
15:16has anyone promised you anything in exchange for your plea agreement?
15:19No.
15:21Has anyone told you to be untruthful in answering my questions today?
15:25No.
15:26Has anyone offered you a reward of any kind other than the plea agreement
15:33in order to get you to plead guilty today?
15:36No.
15:42Are you pleading guilty because you are guilty?
15:45Yes.
15:45And, counsel, obviously there have been a number of motions filed to suppress evidence in this case.
15:57Other than those filed, are there any other motions that you felt were available with respect to Rule 12?
16:07No, Your Honor.
16:11And, Mr. Kohlberg, you understand that by entering the guilty plea in this case,
16:14you would be giving up your right to appeal any decision this court made as well as your sentence?
16:23Yes.
16:23Have you had enough time to decide whether or not to plead guilty?
16:39Yes.
16:40Are you pleading guilty freely and voluntarily?
16:42Yes.
16:43Given your choices, do you believe it's in your best interest to plead guilty?
16:46Yes.
16:48Have you discussed fully the matter of pleading guilty with your attorney,
16:52and are you satisfied with the advice you've received?
16:54Yes.
16:57Has your attorney advised you to your satisfaction about what your rights are,
17:01what your defenses may be, and what the possible consequences to you of your guilty plea are?
17:06Yes.
17:06Has your attorney done everything you've asked them to do?
17:09Yes.
17:09Are you satisfied with their representation of you?
17:12Yes.
17:19I have received a written guilty plea advisory questionnaire that is purported to be filled out by you.
17:33Did you fill that document out?
17:36Yes.
17:36Did you understand the questions that you answered in this document?
17:40Yes.
17:40And are the answers that are outlined in this document your answers?
17:44Yes.
17:44Are those answers truthful?
17:47Yes.
17:50Did you sign the document?
17:52Yes.
17:52And this document outlines many of the rights that you have in this case, should you not plead guilty?
18:07Did you understand those rights?
18:09Yes.
18:10They include a right to a jury trial?
18:12Do you understand that?
18:13Yes.
18:14They include a right to the presumption of innocence?
18:16Do you understand that?
18:17Yes.
18:17Do you have the right to require the state to prove your guilt as to each element beyond a reasonable doubt?
18:23Do you understand that?
18:24Yes.
18:26They include a right to confront your accusers and cross-examine witnesses presented by the state,
18:32including by utilizing the subpoena power of the court to accomplish that.
18:35Do you understand that?
18:36Yes.
18:39Do you understand you would have a privilege against self-incrimination and a right to remain silent,
18:43meaning you would not be compelled to testify if you did not wish to had you not pled guilty?
18:49Yes.
18:51Do you understand you're giving up that privilege and those rights that I've just outlined by pleading guilty?
18:57Yes.
18:57All right.
19:00I want you to understand what the state would have had to have proven at trial had you to the crimes that you're pleading guilty to,
19:09had you, if you didn't plead guilty.
19:15Let me find the document.
19:16Hang on a second here.
19:17All right.
19:18All right.
19:18All right.
19:27So, as to count one, burglary, the state would have to have proven that on or about November 13, 2022,
19:39in Laetaw County, Idaho, you unlawfully entered a residence located at 1122 King Road in Moscow, Idaho,
19:45with the intent to commit the felony crime of murder.
19:49As to count two, the state would have had to have proven that on or about that same date in Laetaw County,
19:57Idaho, you did willfully, unlawfully, deliberately, with premeditation and malice of forethought,
20:04kill and murder Madison Mogan, a human being, by stabbing Madison Mogan, from which she died.
20:10As to count three, the state would have had to have proven that on that same date in Laetaw County,
20:16at that same address, you did willfully, unlawfully, deliberately, with premeditation and malice of forethought,
20:23kill and murder Kaleigh Gonzales, a human being, by stabbing her, from which she died.
20:29As to count four, the state would have had to have proven that on or about that same date in Laetaw County,
20:36Idaho, you did willfully, unlawfully, deliberately, with premeditation and malice of forethought,
20:41kill and murder Zanna Kernodle, a human being, by stabbing her, from which she died.
20:46And then as to count five, also murder in the first degree, that on or about November 13th, 2022,
20:5522, pardon me, in Laetaw County, Idaho, you did willfully, unlawfully, deliberately,
21:00with premeditation and malice of forethought, kill and murder Ethan Chapin, a human being,
21:06by stabbing him, from which she died.
21:08Do you understand those things the state would have had to have proven?
21:11Yes.
21:12And do you understand that by pleading guilty, the state no longer has to prove those things,
21:16because you're admitting those things are true?
21:18Yes.
21:19I want to also make, for the record, the defendant has provided with the guilty plea advisory form,
21:43a document entitled, Written Factual Basis, that purports to have the defendant's signature dated 1 July 2025.
21:53Did you sign that document?
21:55Yes.
21:55And did you agree with the written factual basis that is included there?
21:59Yes.
21:59And then, let me ask you, did you, on November 13th, 2022,
22:14enter the residence at 1122 King Road in Moscow, Idaho, with the intent to commit the felony crime of murder?
22:22Yes.
22:22Did you, on November 13th, 2022, in Latah County, state of Idaho, kill and murder Madison Mogan, a human being?
22:38Yes.
22:39And did you do that willfully, unlawfully, deliberately, and with premeditation and malice of forethought?
22:45Yes.
22:45Did you, on or about that same date, in Moscow, Idaho, kill and murder Kaylee Gonsalves, a human being?
22:55Yes.
22:56And did you do that willfully, unlawfully, deliberately, and with premeditation and malice of forethought?
23:02Yes.
23:04And did you, on that same date, in Moscow, Idaho, kill and murder Zana Karnotl, pardon me, a human being?
23:11Yes.
23:11And did you do that willfully, unlawfully, deliberately, with premeditation and malice of forethought?
23:17Yes.
23:19And then, on or about November 13th, 2022, again, in Latah County, Idaho, did you kill and murder Ethan Chapin, a human being?
23:29Yes.
23:30Did you do that willfully, unlawfully, deliberately, with premeditation and malice of forethought?
23:35Yes.
23:35I would ask the state, at this time, to provide its recitation of its factual basis, had this case gone to trial.
23:45Thank you, Your Honor.
23:47Your Honor, the organization of the recitation is different than what I think the court and the public may be familiar with from the probable cause affidavit and other documents.
23:55The state's evidence, as an overview, would show that back in March of 2022, when the defendant was residing in his parents' residence or was residing back in Pennsylvania, his home state,
24:09he purchased online a K-Bar knife and sheath with an Amazon gift card that he had purchased shortly prior to the purchase of the knife, sheath, and sharpener.
24:17Jumping ahead, the end of June of that year, the defendant, Mr. Koberger, moved from Pennsylvania to Pullman, Washington, which is right across the state line from Moscow, Idaho,
24:30for the purpose of pursuing a Ph.D. in criminal justice at Washington State University.
24:35The state's evidence would indicate that beginning July 9th of 2022, Mr. Koberger's phone began connecting to a cell tower that serves the area of the 1122 King Road residence in Moscow, Idaho.
24:52Now, I will acknowledge for the court and all present that there are many residences in that area.
24:56It's a dense population of mostly college-related occupants.
25:00Between July 9th of 2022 and November 7th, the defendant's phone connected to that particular tower during late night, early morning hours, 10 p.m. to 4 a.m., on approximately 23 times.
25:18Now, I will acknowledge also, we do not have evidence that the defendant had direct contact with 1122 or with residents of 1122,
25:27but we can put his phone in that area on those times.
25:30In the interim, on August 22nd of 2022, Latole County Sheriff's Deputy Darren Duke conducted a traffic stop in the early morning hour, or late evening hours, about 11 p.m.,
25:44on the west side of Moscow, on the Moscow-Pullman Road.
25:48This was the traffic stop of Mr. Koberger's car, which turned out to be a 2015 white Hyundai Elantra with Pennsylvania plates.
25:58During the course of the traffic stop, Deputy Duke was able to obtain Mr. Koberger's name, Brian Koberger, his phone number and his address, which at that point was an apartment address in Pullman.
26:11The state's evidence would show that early morning hours on that day, Mr. Koberger's phone left his Pullman residence,
26:28which is an apartment in kind of the north, central-northwest part of Pullman.
26:33That phone was then subsequently turned off at approximately 2.54 a.m.
26:39and remained off until approximately 4.48 a.m. on Sunday, the 13th of November.
26:46The state's evidence includes, that would include a trial, Viti surveillance of a business on the Moscow-Pullman Highway,
26:56just across the state line from Moscow.
27:00It would show a vehicle matching the description of the defendant's Hyundai Elantra entering Moscow at approximately 3.02 a.m.
27:08Compiled surveillance that the investigators put together from businesses and residents, then show the defendant's car, the white Elantra,
27:18as I've described, circling the 1122 King Road area, that neighborhood, starting around 3.30 or so in the morning.
27:27It comes into the immediate area of 1122 King Road, which is actually on a dead end, and then leaves several times.
27:37And approximately 4.05, that morning, the defendant's car had entered that area, was leaving, stopped at the intersection of King and Queen Road,
27:47did a U-turn, and the state's evidence would show that defendant's car came back and parked behind and above
27:55and parked the 1122 King Road residence.
27:58The state believes that its evidence would then show that the defendant entered the residence of 1122 through the kitchen sliding door on the back side of the residence,
28:12which is the side of the residence that would face the area above where the defendant's car was parked.
28:18The defendant entered the residence, went to the third floor, and, with a knife, killed Madison Mogan and Katelyn Gonzalez.
28:32The defendant, as he left that room, for whatever reason, ended up leaving, or the sheath for a K-Bar knife was left on the bed next to Madison Mogan's body.
28:43And I can jump ahead, that sheath was tested by the Idaho State Police Forensic Lab, and single-source male DNA was found on the snap of that sheath,
28:54as well as blood from both Katelyn and Madison and other trace evidence.
29:00But it's important to note, single-source male DNA was on the snap of that sheath.
29:05The state's evidence would show that Zanna Canodal was still awake at this time, in fact, had taken a DoorDash order not long before this started.
29:16Her room was not on the third floor, it was on the second floor on the west side.
29:22As the defendant was either coming down the stairs or leaving, he encountered Zanna, and he ended up killing her, also with a large knife.
29:33Ethan Chapin, Zanna's boyfriend, was asleep in their bedroom, in her bedroom, and the defendant killed him, as well, with a large fixed-paid line.
29:44Each victim suffered multiple wounds.
29:47I will state for the record that there is no evidence there was any sexual component or sexual assault on any of the victims.
29:53I want to make that clear so there's no speculation.
29:57There were two other roommates in the house, and they were already asleep.
30:00During the course of this, one of those roommates awoke, looked out her door, not knowing what was going on, and saw the defendant, who was dressed in black, with a black-bound cob on, holding some sort of container in his hand.
30:16And she saw him leave the house through the direction of the kitchen to where that sliding door is that I mentioned before.
30:23At approximately 4.20 that morning, so this would have been 15 minutes or so later,
30:35the defendant's car is seen on a surveillance camera for 1112 King Road, which is immediately next door to the west of 1122,
30:44leaving the area at a high rate of speed, and if the court were to see that, or anybody in this courtroom would see that,
30:52you can see the car almost loses control as it makes the coroner, heads north, and then turns to go south on Walenta,
31:00which is one of the only ways to get out of that part of town.
31:03The evidence would show that, following that, the defendant, in his Elantra, drove south of Moscow.
31:13We know that he drove on the back roads because there are surveillance cameras on the main highways, Highway 95,
31:20that would have picked up the defendant's car if he'd gone that route,
31:23and they did not show the defendant's car on that route during the time.
31:26So we know that he went through a variety of back roads in a very rural, isolated part of Latah County.
31:33About 4.48 that morning, the defendant's phone comes back on,
31:39and the evidence will show that that phone was located south of Moscow,
31:46likely at a side road intersection with Highway 95.
31:50From there, the defendant's phone activity tracks it heading back north towards Pullman, Washington,
31:56where the defendant lived.
31:59About 5.26, starting at approximately 5.26,
32:03various surveillance cameras in Pullman, Washington pick up the defendant's vehicle
32:07as he enters Pullman from the south,
32:10and heads north and slightly west towards his apartment where he arrived at approximately 5.30 in the morning.
32:20Later that morning, still this Sunday, the 13th of November of 2022,
32:27Mr. Koberger's phone returned to the area of King Road.
32:30We don't know exactly what he did, but it returned to that area.
32:33It's about 9 o'clock in the morning.
32:36He's there for about 10 minutes, and then returned to his Pullman residence.
32:41About 9.30, the state's evidence will show,
32:45evidence taken from the defendant's phone,
32:48that he took a selfie of himself on his phone
32:50in what appears to be the bathroom of his Pullman apartment with a thumbs up.
32:58The defendant's phone then went to the Lewiston-Quarkston Valley,
33:03approximately 30 miles south of Moscow and Pullman,
33:05and the defendant is actually seen with his car at various businesses down there.
33:10This area is the confluence of the Clearwater River and the Snake River.
33:16Lewiston is Idaho's seaport, large bodies of moving water down there.
33:22In addition to tracing the defendant's activities,
33:25as I've just outlined on the 13th and leading up to the 13th,
33:29the state's evidence will show that following Sunday, November 13th, 2022,
33:36business records show that the defendant began searching for
33:40a K-Bar knife and a K-Bar knife sheath,
33:45as the state believes to replace the one that was left at the scene of the murders.
33:51The evidence also will suggest that there were at least attempts by the defendant
33:56to delete or alter his purchase history on Amazon,
33:59where all these transactions had occurred.
34:02Later that week, the state's evidence will show
34:05that Mr. Koberger went to what we would call DMV,
34:09motor vehicle licensing here in Idaho, in Pullman,
34:12to change his car registration from Pennsylvania to Washington.
34:18That's of note, because Pennsylvania cars do not require a front license plate.
34:24The vehicle seen on the surveillance cameras of the defendant's car
34:28showed it didn't have a front license plate on it.
34:31At the time of the traffic stop by Deputy Duke in August,
34:35Pennsylvania plate, no front license plate.
34:41Mr. Koberger proceeded to finish his semester of studies
34:45at Washington State University and returned to Pennsylvania for the holidays.
34:51Law enforcement at this point were aware of Mr. Koberger,
34:54had been accessing information about him, were trying to find him.
34:58They located him in Pennsylvania,
35:00and they conducted what's called a trash pull.
35:03During the nighttime hours, agents of the FBI,
35:06who assisted immensely with this case,
35:09working with the sanitation department
35:14back in this neighborhood in Pennsylvania,
35:16took trash that had been set out on the street for collection,
35:20sent the contents of that
35:22from the Pennsylvania residents of the defendant's parents
35:26to the Idaho State Forensic Laboratory,
35:30where the lab experts there were able to identify
35:34DNA on a Q-tip
35:36as coming from the father of the person
35:40whose DNA was found on the ninth sheath
35:43that was next to Madison Mogan's body in the bed.
35:48Subsequently, an arrest warrant
35:50was issued here in Idaho,
35:52and a search warrant was issued
35:54in the state of Pennsylvania
35:55with the assistance not only of the FBI,
35:57but the Pennsylvania State Police.
36:00Mr. Koberger was arrested
36:01at his parents' home to return to Idaho.
36:04Upon his return to Idaho,
36:06a DNA sample was taken from him,
36:08and it matched the DNA found on the ninth sheath
36:12next to Matty's body at the crime scene.
36:16I can tell the court and public
36:19the weapon itself, the ninth,
36:21has not yet been recovered.
36:23I can tell the court
36:25that the defendant's apartment in Pullman
36:27was searched as well as his office.
36:30Spartan would be a kind characterization.
36:32There was virtually nothing there.
36:34Nothing of evidentiary value was found.
36:37And, of course, we are now talking
36:38six, eight weeks after the time of the killings.
36:42In Pennsylvania, the defendant's car was seized,
36:45and it was actually pretty much disassembled internally.
36:48And it also had been cleaned.
36:50There was a bucket of clean and right beside it.
36:52I think we can all look to our own cars,
36:57you know, in those compartments in the doors.
36:59You can try to keep them clean where you put stuff.
37:01There's always some degree of crud in there.
37:03They were spotless.
37:05The defendant's car had been meticulously cleaned inside.
37:08And the state would present to the jury
37:11that that was part of the defendant's plan
37:15in covering up this.
37:17The defendant has studied crime.
37:19In fact, he did a detailed paper
37:21on crime scene processing
37:22when he was working on his pre-doctorate degrees.
37:26And he had that knowledge and skill.
37:28So, Your Honor, at the end,
37:31the state submits that the evidence
37:32that I've given just a quick overview of
37:34and that the presenting court would consume weeks,
37:38which the state is prepared to do
37:39and has been prepared to do,
37:41would show that as the defendant has just admitted
37:44and pleaded guilty on November 13th, 2022,
37:49excuse me,
37:53Ms. Koberger entered the residence
37:55at 1122 King Road in Moscow, Idaho.
37:58He did that with the intent to kill.
38:01We will not represent that he intended
38:03to commit all of the murders that he did that night,
38:06but we know that that is what resulted
38:09and that he then killed intentionally,
38:13willfully, deliberately with premeditation
38:15and with malice forethought.
38:18Manny Mogan, Kaylee Gonzalez,
38:23Ethan Chapin, and Santa Cruz.
38:28All right.
38:37Based on the state's proffer
38:39and, importantly, based upon defendant's
38:42explicit admission to committing these crimes,
38:46the court finds there is a factual basis.
38:48Therefore, with respect to count one,
38:51burglary felony,
38:52how do you plead, Mr. Koberger,
38:53guilty or not guilty?
38:55Guilty.
38:56As to count two,
38:58murder in the first degree
39:00as it relates to the murder of Madison Mogan,
39:03how do you plead, guilty or not guilty?
39:05Guilty.
39:06As to count three,
39:07as it relates to murder in the first degree
39:09for the murder of Kaylee Gonzalez,
39:11how do you plead, guilty or not guilty?
39:12Guilty.
39:13As to count four,
39:15the first degree murder of Zanuck Kurnodal,
39:19pardon me,
39:20a human being,
39:20how do you plead, guilty or not guilty?
39:22Guilty.
39:23As to count five,
39:25the first degree murder of Ethan Chapin,
39:28a human being,
39:28how do you plead, guilty or not guilty?
39:30Guilty.
39:31All right.
39:32The court will find
39:36that the defendant understands
39:37the nature of the charges
39:39and each offense
39:41and the possible consequences
39:42to him of his guilty plea.
39:44The court finds that there is
39:45a factual basis for the plea
39:47and finds the defendant believes
39:48the plea to be in his best interest.
39:50I find that the plea,
39:51the plea was given freely, voluntarily
39:53and was intelligently made.
39:54I accept the plea.
39:55I direct that it be entered.
39:57I'll continue the matter
39:58for sentencing in this case.
40:01I think it was mentioned
40:03on the call Monday afternoon
40:04the defense wishes
40:05to waive a pretrial investigation.
40:08Is that accurate?
40:09Yes, Your Honor.
40:11The state also?
40:13Yes, Your Honor.
40:14The state does not believe
40:15a pretrial investigation is needed
40:16given the evidence that is available.
40:19We want to, though,
40:20make sure that all of the victims
40:21have the opportunity
40:22to make statements
40:23to the court at sentencing.
40:25Absolutely.
40:25And certainly,
40:28both the state
40:30and the defense
40:31may present whatever
40:32sentencing memorandum
40:35and other documents
40:36you wish me to consider.
40:38The victims will be given
40:40an opportunity
40:41to provide the statements
40:43that they wish to at sentencing.
40:46Do we need more than
40:47one full day for sentencing?
40:49I do not believe so,
40:51Your Honor.
40:52Obviously, we have numerous victims
40:54and we have victims
40:56who share unique
40:57perspectives on this
41:01and we want to make sure
41:02that they all have time
41:03to express their feelings
41:04to the court.
41:05But I believe that
41:06if we can start perhaps
41:078.30 or so in the morning
41:08that we should be able
41:09to complete it all
41:10in one day.
41:13Defense agree with that
41:14in terms of the time frame?
41:16Yes, Your Honor.
41:16As it happens,
41:21we have some time
41:22reserved in this case
41:23in July and August.
41:28The week of July 22nd
41:31is available.
41:31I don't know
41:32if that's too soon
41:32for the parties
41:33or the next week,
41:36the week of August 4,
41:37is available.
41:39Any preference?
41:41Your Honor,
41:42we're prepared as soon
41:43as the court wants
41:43to schedule it.
41:45This date, I believe,
41:46would be here on the 22nd.
41:47We've told the victims' families
41:49that we're looking
41:50at approximately those dates.
41:51All right.
41:51So, because of the plan
41:54to bring in so many jurors
41:57to fill out questionnaires,
41:58I had ordered that
42:01no other trials
42:02could take place
42:03in this courthouse
42:04the week of July 22nd.
42:07And so, we will use that
42:08in terms of the sentencing date
42:11because of what I'm sure
42:12will be the significant interest
42:14of the media
42:15and the public
42:16and the logistics
42:21that will be required
42:22to make that happen.
42:25Without trials going,
42:26it will be a lot easier
42:27to do that.
42:27So, let's pick that week.
42:29Why don't we pick July 23rd
42:32with the idea
42:33that if for some reason
42:34we don't finish,
42:35we could continue
42:36into the 24th.
42:38And we'll start
42:39at 9 in the morning.
42:43Does that give your team
42:44enough time, Sandra?
42:459 in the morning?
42:46All right.
42:48Any concerns with that date?
42:51No, Your Honor.
42:52No, sir.
42:52All right.
42:58Any reason why
42:59I should not rescind
43:00the non-dissemination order
43:01at this time?
43:03You're right.
43:04I think that given
43:05the history of this case,
43:06it would be best
43:07if that remained in place
43:08through sentencing.
43:10So, we have time
43:12to make sure there's
43:13the ability
43:15to completely answer questions.
43:18That would be
43:18the state's preference
43:19and recommendation.
43:22We'd have no objection
43:23for the order
43:24to remain in place
43:24through sentencing.
43:25All right.
43:25I will, at this point,
43:27the idea to keep it
43:28until sentencing,
43:33at which time
43:34it would be withdrawn
43:37in order to give the parties
43:40the space and time
43:41to prepare to meet
43:44what I'm sure
43:44will be the deluge
43:46of media requests.
43:49That's at least
43:50my preliminary decision
43:51at this point.
43:52We can always revisit
43:53if it seems to be.
43:55For some reason,
43:58I should.
44:00That said,
44:02obviously,
44:04I don't think
44:04the defendant,
44:05a bond was ever set
44:07for the defendant
44:08where it would be revoked.
44:10The prior order
44:12allowing him
44:13to come in civilian clothes
44:14is revoked
44:15given his plea
44:16and no longer
44:17the presumption of innocence.
44:18And, in fact,
44:19now the actual conviction
44:20for the crimes.
44:22He will continue
44:23to be held
44:23at the jail
44:25pending sentencing.
44:26Is there anything else today?
44:28No, Your Honor.
44:31I assume
44:31the trial date
44:32will be vacated
44:33and the court jurors
44:34will be released.
44:35The trial will be vacated
44:37and I'm
44:39sure that the jury commissioner
44:42will get word
44:43to those that receive
44:45their summons
44:45that they won't be required
44:46to attend.
44:47Thank you, Your Honor.
44:48That said, again,
44:49if you would all
44:50please wait
44:51for the parties
44:53and the victims'
44:54families
44:55and others
44:56to leave the courtroom
44:57before you do.
44:58I would appreciate it.
45:00And with that,
45:00we're adjourned.
45:03All right, please.
45:21All right, Page of the
45:45in the
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