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Preliminary hearing

Preliminary hearing

Search complete. 28 mentions across 8 episodes found for "Preliminary hearing".

Sep 14, 2026

Heather AshleyHOST
7:20
With those claims, Linda's appeal actually went somewhere this time.
Heather AshleyHOST
7:26
In June of 2018, a judge granted Linda an evidentiary hearing to consider her claims that her defense had been ineffective and that Sergeant LeRoy's testimony was unreliable.
Heather AshleyHOST
7:39
That hearing took place over two days in October of 2018.
Heather AshleyHOST
7:44
Linda testified about her defense attorney, Jeffrey Getting, and according to court documents, she said she had begged him on numerous occasions to hire an expert witness.
Heather AshleyHOST
8:33
Getting also took the stand here, and he admitted that despite having limited experience handling arson cases, he never consulted an expert to help prepare for cross-examining LeRoy.
Heather AshleyHOST
8:45
Instead, he believed LeRoy's testimony could support the defense's theories, even though LeRoy's conclusions directly contradicted the defense's argument that the fire had been accidental.
Heather AshleyHOST
8:56
According to court documents, Sergeant LeRoy also testified during the evidentiary hearing, and he stood by everything he had said at trial, maintaining that his conclusions were accurate and that his investigation met the accepted standards at the time.
Heather AshleyHOST
9:12
The state also brought in another fire expert, Jack Hooker, to review LeRoy's work, and Hooker testified that he had been asked to evaluate LeRoy's origin and cause investigation.
Candace OwensSOUNDBITE_SPEAKER
17:09
Okay, so like I said, the majority of people don't understand what's happening in the courtroom because why should you understand it? You shouldn't be going through lawsuits.
Candace OwensSOUNDBITE_SPEAKER
17:16
You shouldn't be going through murder cases every day of your life where some of this just becomes like a par for the course as it has in my life because I just say the truth and say what I mean on my podcast and people come after me for it, okay? So what he is doing here and what I've explained to you, and you totally obviously are capable of understanding what's happening in the courtroom once someone does explain it to you, is the job of the defense at this phase, when you talk about a probable cause hearing, is not to make any arguments.
Candace OwensSOUNDBITE_SPEAKER
17:46
They're not talking about their client's guilt or whether their client sent the text message.
Candace OwensSOUNDBITE_SPEAKER
17:50
That is for the actual trial.
Tony BrueskiHOST
2:55
And then Brian Koberger started believing his own bullshit from behind bars.
Tony BrueskiHOST
3:02
Because he's going to get an evidentiary hearing.
Tony BrueskiHOST
3:07
I know.
Tony BrueskiHOST
3:09
I know.
Tony BrueskiHOST
4:56
And the state's going to have to figure out what to do here with this.
Tony BrueskiHOST
4:59
This may absolutely go nowhere.
Tony BrueskiHOST
5:00
This may end with the evidentiary hearing next year.
Tony BrueskiHOST
5:03
But let's get into all of it.
Candace OwensHOST
2:53
In the meantime, we can tell you guys at the very least who showed up to the courtroom.
Candace OwensHOST
2:58
Slightly different cast of characters, I might add, than we saw throughout the preliminary hearing.
Candace OwensHOST
3:04
Remarkably, notably, the Turning Point USA influencers did not show up.
Candace OwensHOST
3:11
Mm, so sad.

29 MINS LATER

Candace OwensHOST
32:09
And if you see a post-purchase survey, please be sure to mention that you heard about Cozy Earth right here.
Candace OwensHOST
32:14
All right, you guys, so today is the day that Judge Graf is to rule on whether or not there was enough preliminary evidence to move Tyler Robinson forward to trial.
Candace OwensHOST
32:23
Now, to remind you all of what junction we are at, all that has thus far taken place is the preliminary hearing, right? What that means is that the state is being given an opportunity, the prosecution is being given an opportunity to present their case for why they believe the trial should in fact move forward with the charges that they listed, the charges that they are seeking to break-- bring forth.
Candace OwensHOST
32:45
And we know that that took place, that preliminary hearing, across five days in early July.
Bobby CapucciHOST
5:05
When you have a complex case like this, a lot of times you'll see people do that so they can formulate a better defense.
Bobby CapucciHOST
5:12
He waived his right to a speedy preliminary hearing at the time, pushing it back six months until June.
Bobby CapucciHOST
5:18
But the decision by the grand jury means there is no need for a preliminary hearing.
Bobby CapucciHOST
5:24
This means that the surviving roommates will not have to face Kohberger unless he pleads not guilty, which would mean the case would go to trial.
Bobby CapucciHOST
5:33
So this also means that without that preliminary hearing coming up in June, we're not gonna know nowhere near as much as we thought.
Bobby CapucciHOST
5:42
Because now that this is moved to the grand jury, they're gonna keep all of those transcripts on the hush.
Bobby CapucciHOST
5:49
I mean, look at Jeffrey Epstein.
Bobby CapucciHOST
6:10
A grand jury hearing is not conducted in open court, with sixteen members of the general public hearing evidence from the prosecution.
Bobby CapucciHOST
2:12
His first appearance in court in Idaho was January 5, 2023.
Bobby CapucciHOST
2:17
On January 12, 2023, Mr. Koberger filed a Notice of Appearance, Request for Timely, Preliminary Hearing, Motion for Bail Reduction, and Notice of Hearing, which contained a demand for speedy trial pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Section 7, 13, and 18 of the Idaho Constitution, and IC, Section 19-3501.
Bobby CapucciHOST
2:45
While Mr. Kohlberger prepared for a preliminary hearing, the state convened a grand jury on May 12th, and by May 16th, 2023, it had an indictment for Mr. Kohlberger on four charges of murder in the first degree and a count of burglary.
Bobby CapucciHOST
3:00
This court arraigned Mr. Kohlberger on May 22, 2023.
Bobby CapucciHOST
3:04
On May 23, 2023, pursuant to Mr. Kohlberger's right to a speedy trial, this court set Mr. Kohlberger's jury trial for October 2, 2023, a mere 10 months from his arrest.
Bobby CapucciHOST
2:42
His first appearance in court in Idaho was January 5, 2023.
Bobby CapucciHOST
2:47
On January 12, 2023, Mr. Koberger filed a Notice of Appearance, Request for Timely, Preliminary Hearing, Motion for Bail Reduction, and Notice of Hearing, which contained a demand for speedy trial pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Section 7, 13, and 18 of the Idaho Constitution, and IC, Section 19-3501.
Bobby CapucciHOST
3:15
While Mr. Kohlberger prepared for a preliminary hearing, the state convened a grand jury on May 12th, and by May 16th, 2023, it had an indictment for Mr. Kohlberger on four charges of murder in the first degree and a count of burglary.
Bobby CapucciHOST
3:30
This court arraigned Mr. Kohlberger on May 22, 2023.
Bobby CapucciHOST
3:34
On May 23, 2023, pursuant to Mr. Kohlberger's right to a speedy trial, this court set Mr. Kohlberger's jury trial for October 2, 2023, a mere 10 months from his arrest.
Casey McIntoshHOST
32:59
Growth rates vary with species and temperature and water conditions, so this isn't a stopwatch, but it is strong physical evidence that this yacht floated inverted for an extended period of time.
Casey McIntoshHOST
33:10
The Ministry of Transport's preliminary inquiry that November brought in an Auckland University zoologist, Associate Professor Brian Foster, to analyze it.
Casey McIntoshHOST
33:20
The barnacle report is an actual appendix of the official inquiry.
Casey McIntoshHOST
33:24
Think of it as tree rings loosely, not a precise date, but a record you can't fake, scrub off, or hurry.

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