Murder In Moscow: Bryan Kohberger And The Subpoena He Sent To Bethany Funke

0:00Your social media feed delivers plenty of advice, but it doesn't know you. It doesn't ask questions. It doesn't give physical exams or order tests. Doctors do. At the American Medical Association, we believe the best care starts with a real conversation with someone who understands the science and your unique health. So stay curious, ask questions, but when it's time to make decisions, make them with a doctor. Learn more at AMAHealthVersesHype.org. That's AMAHealthVSHype.org. Dave Roberts here. There you are surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later. At 2 a.m., you wake up with the fever and your throat's on fire. Now what? Urgent care, clothes, ER, slam, telehealth, maybe, but the pharmacy's closed. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions, used for over 30 common conditions, sinus and ear infection, UTIs,

1:01stomach bug, travelers diarrhea, and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com-slasblue. That's promo code blue at urgentcarekit.com-slasblue. What's up everyone and welcome back to the program. Yesterday we learned that Brian Coburger is attempting to subpoena Bethany Funk to try and get her to testify at the preliminary hearing coming up in June. Well, we talked about it a little bit yesterday, but this article from the Idaho Statesman goes into a little bit more detail and gives us a little more context. So let's dive into this article from the Idaho Statesman and let's see what author

2:04Kevin Fixler has for us. Headline, Coburger defense team wants the Moscow survivor's testimony. This is why they may not get it. And like I said, this article was published by the Idaho Statesman and it was authored by Kevin Fixler. Brian Coburger's defense team believes one of the two surviving roommates from the Moscow stabings that killed four students has information that could help exonerate their client and is seeking her testimony. Her lawyer is trying to prevent her from appearing at the schedule preliminary hearing in June. At the request of Coburger's public defenders, Judge Meghan Marshall of the second judicial district court in Leita County last month forced Bethany Funk to travel to Idaho for the hearing according to court documents obtained by the Idaho Statesman. Marshall wrote that Funk could be a key witness for the defendant in this case and a formal subpoena was issued on April 11th in Nevada where Funk lives. So so far so good for Brian

3:10Coburger and his defense team. Judge Marshall issues this subpoena after they show due cause for the subpoena to be issued. However, that's not where it stops and that is not the final say so. She is no longer a resident of Idaho. Marshall will determine at the scheduled week long preliminary hearing beginning June 26, whether prosecutors have found probable cause to bring Coburger's case to trial. A criminal investigator working for Antaylor, Coburger's public defender said in a legal filing that police interviewed Funk several times as part of their investigation into the November slangs at an off-campus rental home near the University of Idaho. Funk and another roommate went unharmed in the knife attack that killed their housemates Madison Mogen, Kayley Goncalves, Zanna Kernodal, as well as Ethan Chapin, who was staying the night with Kernodal his girlfriend. In addition, Funk was present when police were called and arrived to the

4:16King Road home to find the slain students about eight hours after police alleged Coburger entered the home around 4 a.m. Criminal investigator Richard Batonty said, Funk has information that is exculpatory to the defendant. He wrote a legal terminology, meaning the details, disprove Coburger's guilt. So according to this investigator, he says that he found information during those interviews or during his investigation, his private investigation that would lead him to believe that Bethany Funk has exculpatory evidence that would disprove basically what the affidavid or what the other roommate has to say. So of course they want to get her on the stand. And obviously for her part, the last thing she wants to do I would guess is be a witness for Brian Coburger. Portions of information, Miss Funk has is exculpatory to the defendant, Batonty wrote, to justify the out of state's appena. Miss Funk's information is unique to her experiences

5:22and cannot be provided by another witness. The new wrinkle in Nevada adds another US state to the homicide case, which is brought national and international attention to Idaho. This is one of those complex cases where you're going to see a lot of people get wrapped up in a lot of different states and Brian Coburger living in several different states, having ties to several different states and then these victims, some of them having ties to places outside of Idaho. Well, you see how it draws other places in. And then of course we see in Pennsylvania that they've already been looking into cold cases that might be tied to Brian Coburger. Coburger was attending graduate school just over the Washington State border at the time of the homicides and was later arrested while visiting his family in Pennsylvania. He and his father also were captured on police body camp footage in Indiana as they roadtripped from Washington to Pennsylvania during Coburger's

6:22winter break from Washington State University. Funk's bedroom was on the first floor of the three story home in Moscow and she and the other surviving roommate whose bedroom was on the second floor were home at the time of the killings police said in an affidavit for Coburger's arrest. And we really haven't heard much about Bethany Funk or about what she saw or didn't see or heard or didn't hear. The majority of stuff that we know that has been released to the public comes directly from that affidavit and in that affidavit we hear about Dylan Mortensen and her run in with the person that the government saying is Brian Coburger. Funk told police in an interview that she saw her nodal in Chapin at the Sigma Chi fraternity house from about 9 pm, November 12th, until about 145 am, November 13th. When they returned to the King Road home, police said, Sigma Chi is located fewer than 600 feet from the home where the homicides took place.

7:24Funk and the other survivor, each told police that all five housemates and Chapin were back at the home by 2 am according to the affidavit. Everyone was asleep or in their respective bedrooms by 4 am with the exception of Colonel who received a food delivery to the home at approximately 4 am. Police said so we know that she got that door dash and we also know that she was up on TikTok scrolling around Instagram whatever it was at around this time as well. So she wasn't asleep when this all went down. Police said records they downloaded from the two surviving roommate cell phones helped lead them to believe that the homicides happened between 4 am and 425 am and one of the roommate cell phones also was used to call 911 dispatch just before noon on November 13th police said and we know that it took a very long time for 911 to be called and honestly

8:25that really hasn't been explained well enough yet either. There's still so much that we don't know and unfortunately most of that stuff we won't know until trial if ever. There are no other references to Funk in the affidavit to indicate what else she may have told investigators. It is not known whether the other surviving roommate was served with the subpoena to testify at the preliminary hearing. She told police she saw a masked man in the house and that's what I was just talking about. We really don't know too much about Bethany Funk and her interaction with Brian Coburger allegedly in that house if it ever happened or what she talked to the police about all we have are bits and pieces and certainly we are still far away from the completed story. Dave Roberts here there you are surrounded by fans sharing wings sharing drinks high-fiving random strangers. Everybody remembers the game nobody remembers the guy coughing behind you until a few days later at 2 a.m. you wake up with the fever and your throats on fire. Now what urgent care close

9:28ER slam telehealth maybe but the pharmacies close you needed a medical emergency kit these aren't first aid kits they contain essential prescriptions used for over 30 common conditions sinus and ear infection UTIs stomach bug travelers diarrhea and more on hand before you need them. Use your doctor develop guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home when you're sick traveling or stranded you wish you ordered a medical emergency kit order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcare kit.com slash blue that's promo code blue at urgentcare kit.com slash blue. Funk venz off subpoena. Funk's attorney is trying to nullify the court ordered subpoena and the legal demand for her client to appear in Idaho was improperly issued because the hearing on the matter was not first held in Nevada Reno based attorney Kellyanne Valoria said in an April 21st court

10:31filing there is no authority to summon a Nevada witness to an Idaho matter without a Nevada judge making a finding of materiality necessity and the lack of undue hardship. Valoria wrote citing a law that does allow for such subpoenas but only within the state thus even if that law is applied by analysis no hearing occurred and that important procedural requirement was not met so what do we always talk about? Loop holes and technicalities and that's what Bethany Funk's lawyer is doing here she's utilizing one of these technicalities you have to follow all of the proper methods go through all of the proper channels have all of the proper hearings or else you will find yourself in jeopardy of the court ruling against you and expended gag order that Marshall issued in January restricts attorneys for victims or witnesses in the coburger case from commenting about it outside of court filings besides issues over following proper procedure Valoria a former longtime county

11:38wrote that a preliminary hearing is not the right setting for the defense to summon an out of state witness which she said Nevada law does not offer so you're going to run into a problem of jurisdiction and there will have to be a battle royale in the courtroom to figure it all out. A preliminary hearing is not meant to become a mini trial due to its limited purpose in deciding of probable cause she argued arguably then if Miss Funk possesses ex-cultivatory evidence which remains to be seen there is no place or reason to present that evidence at a preliminary hearing. The presentation of evidence by the defense is exceedingly rare at a preliminary hearing but it is allowed in Idaho said Edwina Elcox a criminal defense attorney in Boise who previously served as an Ada County deputy prosecutor although it seldom done because it can give away defense strategy to prosecution she said an attorney may pursue it if it could prevent a case

12:40from going to trial. It's a hell marry that's what this is folks from the research that I've been doing the articles I've read the last couple of days now certainly looks to me that this is nothing more than a hell marry on coburger's part because they know the evidence is really stacked against them and the last thing they want to do is go to trial. If we're using the word exculpatory that means it negates his guilt Elcox told the statesman in a phone interview the word is very legally significant if whatever this witness possesses is so significant it could convince the judge that the state has not established probable cause and to say okay this evidence shows that it wasn't him so that would be very powerful evidence but my initial reaction here is they don't have anything that is that powerful and that the thought of going to trial is terrifying for high and co-burgers lawyers because of all of this evidence that is stacked against them so obviously if they can get this thrown out before it gets to

13:42any kind of trial so much the better the legal and procedural pushback from funk and her attorney also may derive from the request for her testimony coming from the defense in this case rather than the prosecution Elcox said and that's where I'm at as well I believe that if it was the prosecution requesting her come and testify against Brian coburger she'd be doing it without any kind of pushback but considering its coburger trying to get her to testify basically in his defense she doesn't want anything to do with it and can you blame her people typically want to cooperate with law enforcement agencies she said so I think it's entirely feasible that if the prosecution was seeking her attendance that there wouldn't be this issue of dropping the subpoena or what not it is unclear whether funk will be forced to show up June 28th and Moscow through the remainder of the hearing as the subpoena required a material witness case is listed online as pending active

14:43with judge Barry Breslow and the second judicial district court in Washoe County Nevada the most recent court filing is valoria's motion friday to invalidate the subpoena there are no upcoming hearings on the case docket elitia la rude the district courts administrator and clerk of court said by email and on that certain one will be scheduled she said so that's interesting as well obviously we're going to keep our eye on things here and see what comes of this all right folks that's going to do it for me for this one all of the information that goes with the episode can be found in the description box davor obert here there you are surrounded by fans sharing wings sharing drinks high-fiving random strangers everybody remembers the game nobody remembers the guy coughing behind you until a few days later at 2 a.m. you wake up with the fever and your throats on fire now what urgent care close ER slam telehealth maybe but the pharmacies close you needed a medical emergency kit these aren't first aid kits they contain essential prescriptions used for

15:48over 30 common conditions sinus and ear infection uti stomach bug travelers diarrhea and more on hand before you need them use your doctor develop guidebook to select the right prescription or call their telemedicine doctor standing by it's like an urgent care and drug store at home when you're sick traveling or stranded you wish you ordered a medical emergency kit order online in minutes and it's shipped to your door and say 45 dollars with my promo code blue at urgent care kit dot com slash blue that's promo code blue at urgent care kit dot com slash blue