TIME CRIME ON YOU TO THANK YOU ALL FOR BEING HERE TONIGHT. ALL RIGHT, ELIZABETH, WHO DO YOU SEE THE JUDGE SIDING WITH HERE? >> YOU KNOW, IT'S IT'S IT'S A TRICKY CASE. I'M A FIRM BELIEVER THAT YOU CAN GET FAIR AND IMPARTIAL JURORS THAT MOST PEOPLE WANT TO DO THEIR JOB. AND I WOULD JUST NOTE THAT IT DOESN'T MATTER IF EVERY PERSON IN THIS COUNTY HAS HEARD OF THIS CASE, IT MATTERS WHETHER OR NOT THEY CAN SET ASIDE ANY PRECONCEIVED NOTIONS AND FAIR AND IMPARTIAL. THAT BEING SAID, I DID A LITTLE RESEARCH IN THIS COUNTY ONLY CONSIST 39,000 PEOPLE WITH THAT IN MIND, I'M SORT OF ON THE FENCE AS TO WHETHER OR NOT A CHANGE OF VENUE IS WARRANTED. IF I WERE THE JUDGE, I WOULD ATTEMPT TO TO CONDUCT JURY SELECTION IN THE COUNTY WHERE THE CASE IS PENDING SEE HOW IT GOES AND SEE WHETHER OR NOT IT LOOKS LIKE WE CAN GET A FAIR AND IMPARTIAL JURY. AND THEN IF NOT, I MIGHT CHANGE THE VENUE, YOU KNOW, WEEK OR 2 INTO THE TRIAL. YOU KNOW, JACK LONDON COURT THURSDAY, WE KEPT HEARING ALL ABOUT THE HEIGHTENED MEDIA COVERAGE. LAY TALK COUNTY, BUT EVERYONE COVERED THIS STORY. THIS WAS NOT LOCAL. THIS WAS NATIONAL. >> HOW MIGHT THAT PLAY INTO THINGS? AND THEN THERE'S ALWAYS THE QUESTION OF THE STEALTH JURORS. I REMEMBER THAT FROM SCOTT PETERSON'S CASE. THAT WAS SOMETHING THAT WAS A HUGE CONCERN BACK THEN AND COULD BE HERE TOO. >> THE PROSECUTOR IS GOING TO ARGUE SO WHAT IF THE CASSE HAS ALL OF THIS PRETRIAL PUBLICITY? THE FACT IS THAT THERE'S NO PLACE IN THE UNITED STATES THAT HASN'T HEARD OF THIS CASE IS SO HAVE THE TRIAL IN LA HAVE THE TRIAL IN NEW YORK CITY OR ANYWHERE IN BETWEEN AND EVERYBODY IS GOING TO HAVE HEARD OF THE CASE. THE DIFFERENCE IS THAT HERE YOU HAVE AS THE JUDGE DIFFERENT. I HAVE SUCH A SMALL COUNTIES, SUCH A SMALL COMMUNITY AND SUCH HUGE AMOUNT OF PRETRIAL PUBLICITY, SUCH THAT THE PEOPLE IN THAT COMMUNITY AND HAS BEEN DEMONSTRATED BY THE DEFENSE PRETTY WELL. I THINK THOSE FOLKS HAVE SUCH A HARD DECISION. I MEAN, THEY KIND OF COME TO THE CONCLUSION MR. KOHBERGER IS GUILTY IS JUST THAT THEY HEARD ABOUT THE CASE. THEY SEEMINGLY HAVE VERY, VERY STRONG AND A MOVABLE OPINIONS. AND THAT REALLY IS GOING TO BE A QUESTION ABOUT WHETHER OR NOT HE CAN GET A FAIR TRIAL THERE AND WIN BOISE'S 200 MILES AWAY. BUT A MUCH BIGGER PLACE WHERE YOU CAN FIND A FAIR JURY. IT WOULD BE AN UNFORCED ERROR. I THINK TO KEEP IT IN THIS SMALL A TOP COUNTY WHEN YOU CAN SEND IT OVER TO BOISE AND DO AWAY WITH PELLET ISSUE. AND SO I THINK THAT THIS JUDGE WAS ALWAYS VERY CIRCUMSPECT. I ACTUALLY THINK THAT HE'S GOING TO DO THE UNLIKELY THINGS IS VERY UNCOMMON THING MOVE THIS TRIAL. I THINK I THINK THEY ARE GOING TO CHANGE VENUE IN THIS YEAH. I'VE BEEN HEARING THAT FROM A LOT OF PEOPLE AND YOU'RE RIGHT TO BRING UP THE APPELLATE ISSUE. THAT IS SO HUGE. JARRETT. I WANT TO PLAY A CLIP FROM THE DEFENSE YESTERDAY. >> AND TALK TO ON THE OTHER SIDE OF THIS. >> THERE'S NOT A MEDIA STORY AND TALKING ABOUT FRIENDS, CO-WORKERS RIGHT TO THE PERSON WE SEND. THERE'S NOT A MEDIA STORY AND TALKING ABOUT BRIAN COGAN ARE BEING LEFT BY HIS FAMILY. NOBODY'S TALKING ABOUT THE GOOD GRADES HE ACHIEVED ALTER UNDERGRADUATE CAREER AND GRADUATE PROGRAMS. NOBODY'S TALKING ABOUT THAT LOVES AND HELPS TRAIN. IT'S ALL MAKE IT HERE. >> ALL RIGHT. SO WHAT DID YOU MAKE OF THE DEFENSE? >> I THINK THAT'S A POWERFUL ARGUMENT. CERTAINLY, THOUGH, LORD, THERE'S NOT A SITUATION WHERE YOU'RE GOING TO HAVE ANY CRIME HIGHLIGHTING THE GOOD POINTS OF A MAN WHO'S CHARGED WITH BUTCHERING FOR YOUNG, BEAUTIFUL PEOPLE. THE REALITY IS YOU. YOU CAN'T TRY THIS CASE ON MARS AND NOT HAVE PEOPLE THAT WEREN'T EXPOSED TO NEGATIVE PUBLICITY ABOUT BRIAN COLBERT. I THINK THE BIGGEST CHALLENGE, THOUGH, THAT YOU'RE GOING TO HAVE A COUNTY IS SOMEONE WITHOUT A DIRECT LINK TO THE UNIVESITY, WHICH IS A LARGE EMPLOYER, THE AIR, WHICH CREATES A CONFLICT OR A SPOUSE OR A CHILD THAT WORKS THERE OR SOMEONE WHO HAS SOME CONNECTION TO THE CASE. SO IT'S NO LONGER A QUESTION OF WHETHER YOU HEARD ABOUT THE DO YOU HAVE SOME TYPE OF CONNECTION WHICH COULD BE PROBLEMATIC AND SEEDING THE JURY? >> WELL, THIS IS GOING TO BE A VERY INTERESTING DECISION AND SUCH AN IMPORTANT ONE. I KNOW THAT THESE FAMILIES ARE