425: Kohberger Backtracks, ‘Netflix Trend Murder’, Nolan Wells Audio Released & D4vd Going to Trial

Serialously with Annie Elise

This episode of Serialously with Annie Elise covers multiple high-profile true crime updates, including Brian Koeberger's attempt to withdraw his guilty plea,

Key takeaways

• Brian Koeberger is seeking to withdraw his guilty plea and has filed for post-conviction relief, claiming he was misled about prison conditions and the possibility of the death penalty.
• David Anthony Burke is officially going to trial after the preliminary hearing, with prosecutors presenting evidence including thousands of texts and a potential percipient witness.
• A controversial song titled 'I Did It' was uploaded to David's Apple Music account, sparking theories about his guilt, though it was later revealed to be a hacker's work.

Main topics

• Brian Koeberger's legal strategy and claims of coercion
• David Anthony Burke's trial and evidence presented
• Controversial song upload and its implications

Notable quotes

"He's a narcissist. His ego is everything."

"I think what the public needs to do is just not that they haven't already, just publicly shame the fuck out of this guy and make him feel like the idiot he is."

Conclusion

This episode provides a comprehensive overview of multiple ongoing true crime cases, emphasizing the

Transcript preview

Speaker 1 (0:01) Hey, true crime besties. Welcome back to an all-new episode of Serialessly. And welcome back to an all-new episode of Serial-Lessly. With me, your host, Annie E. Lees. Happy Thursday. Holy shit. A lot has gone on this week so far. There is so much that we need to talk about. There's the Brian Koeberger of it all with him saying that he's innocent and he wants to withdraw his guilty plea. There's David now officially going to trial. The judge deemed that there was enough evidence, which, hello, obviously, but officially now moving forward to trial, a lot of things that came out in the preliminary hearing that are very disturbing. And one of the biggest questions I think so many people had was, okay, what did Celeste's family know? And we're getting a little bit more information on that. There's also this horrifying new case with this woman named Sarah who did the Netflix trend that I'm sure so many of you saw where, you know, you sit down in the chair, you're making your fake documentary. I did one for like being addicted to Diet Coke. She did one about her soon to be ex-husband, only to then be murdered by him allegedly, shortly after that. There are also updates to cases. There's more audio that has been released in the Nolan Wells case where it's been transcribed and like Nancy Grace is on the next of everyone in that case. There is so much. going on. If you're brand new here and it's one of your first episodes, let me just give you a quick little housekeeping announcement. Mondays, I release a deep dive into a single episode and then Thursdays headline highlights where I break down everything going on in real time this week in true crime. But you know what? I don't do it alone. I like to always have a surprise guest, an expert, a person in the industry, or just someone else to weigh in. And, you know, You know, it's unfortunate because we've never had the same guest twice. We just are constantly turning over new guests. So with that, I'd really like to welcome to the show today's episode. Amy Colette, hello. It's such a shock and honor to be here. Welcome for your first time ever. Ooh, I'm nervous. I also want to apologize to everybody. I know the audio is a little bit trash again this week. It's because we're recording via Stream Yard. back in studio next week with regular equipment, to which Amy, I just have one thing I want to say to you, actually something I'd like to sing to you, if you'll allow. Okay, I'd love to hear. Okay, let me ready. I'm coming home. I'm coming home. Tell the world I'm coming. I'm not even kidding you. I wish I would have just started singing because that song was playing in my head when you say, We back and I feel like we share a wavelength like when it comes to music. I know. But with music specifically, we communicate through song. Or by look. No, I have to say, though, I know you were not on TikTok. That song is like the trending song for when people are reunited with their family from being overseas with the military of the Army. And every single time I cry like a baby when I see those videos. So obviously not comparing our homecoming to their family. that, but excited to be back in studio with you. There might be some tears. I don't know if it's not. The tears are sad tears that I'm back. Everybody's like, we don't want her to come back. It'll be a mix. Just yeah. Great. Well, I know there's a couple things we have talked about already, like on the side this week. Lots going on. I want to start with this Brian Coburger update. This guy, I'm trying to like mind my mouth. This guy, I can't even. I know what, I'm not shocked. And I know you know this because when we went on tour last fall, this was a big segment within like the headline highlights portion of the show is I called this months ago. I was like they're pushing paperwork forward right now that doesn't make sense because he's already agreed to a guilty plea. Why is this happening? Are they trying to lay the foundation for him withdrawing his plea or filing an appeal? And here we are, what? 10 months later. And sure enough, that is what this does. is doing. So let's kick this off because a bomb was dropped on Monday of this week. Brian Koeberger gave his first interview ever from prison and he gave this interview Sunday night with the New York Times. Now during this interview, he told them that he was planning to file for a post-conviction relief saying he wants to withdraw his guilty plea. He wants to send the entire case to trial instead. And what I thought was interesting about this too, which let me actually do some admin here really quick. An appeal is different than post-conviction relief. Post-conviction relief is more of like an umbrella term. It's broader. It's where you still would cite ineffective counsel or different things like that, but it's not necessarily the same exact procedure as filing an appeal. If it doesn't go through, to my knowledge, he then could file a formal appeal, but right now he's trying to do PCR. So what's interesting, too, is he said not only does he want to take this to trial, but he when he didn't go to trial last July and he accepted the guilty plea, part of that arrangement was so that they would remove the death penalty from the table. And he was then sentenced to four consecutive life sentences. But now he's saying not only does he want to go to trial, but he welcomes the death penalty. And I have some very specific thoughts based on his exact writing in this petition or complaint or whatever you would call it, which let me start by saying this. I saw a lot of discourse out there of people being like, well, wait, when he pled guilty, he also waived his right to an appeal. Here's where it gets sticky with that. Technically in a lot of states, actually, I think most states with the Supreme Court, but also within Idaho, there is a loophole. It's not, I guess it's a law. So I guess it's not a loophole, but kind of where even if you waive your right to an appeal, there are still circumstances in which you can file one. It's either new evidence being admitted, proof of what's the term I'm looking for, ineffective counsel, or a violation of your constitutional rights. So that's why last fall, when we were talking about this, I was like, oh, I know everybody thinks it's safe. He can't appeal, it doesn't matter. No, that's not entirely true. He can certainly drag this out if he wants to, which he strikes me as the kind of person who will want to do that. So with that, he can file for this PCR and cite ineffective counsel. And what he is saying specifically is that he was tricked into accepting and filing this guilty plea, that he was promised false things, that there was misinformation, that he was under poor advisement. There was also a note in his memo where he said that he was told a different thing about the conditions of what death row in Idaho looked like in comparison to the regular prison system. And we also know that for the better part of a year now, he's been complaining about prison conditions. People threatening other inmates threatening his life, threatening to sexually assault him, the food he complains about because he's a vegan. And he can't hack it, obviously. He's been complaining from day one. So the way I read that in this notice that he wrote at handwritten was that death row is actually nicer than the prison he's in. So he's like, no, I want to be on death row. It's better. And or let's take this to trial, throw a Hail Mary. Maybe I'll be found innocent and I'll be exonerated. But if not, putting the death penalty back on the table, at least I'll be sentenced to death. I won't have to continue living out like this in prison for four consecutive life sentences. Like, let's just shoot our shot. So the filing documents were released a few hours after the interview came out. And as I said, he alleges that he was, quote, convinced to falsely confess to the quadruple murder and burglary that he was it was coercion, disinformation, and false promises. He also claimed that he was, quote, convinced that actual guilt was not an important factor in accepting his plea deal. And he said that he was advised to lie. And as I mentioned, he also goes on to say that he was told, quote, a gross misrepresentation of death row in Idaho, including an elaborate, fabricated story of counsel's horrific experience touring an actual eight-by-eight death row cell. The filing also claims that Brian's attorneys withheld evidence from him and never told him about a supposed, quote, clump of unknown hair that was found in Ethan Chapin's hand. Now, to me, like I said, it sounds like he's trying to say that he was promised, possibly a more comfortable life behind bars if he accepted this deal and the death penalty would be taken off the table. But now, and all of that in comparison to a very uncomfortable life if he went to death row. But now, I think he's realizing that prison life isn't everything that he thought it was going to be. He's in solitary confinement, 23 hours a day. Yes, he has a TV and a notebook, but he has food that he hates. He's getting all these threats from other inmates. So I think he'd rather lose the trial and get the death penalty or like I said, shoot his shot and hope that he's found innocent because although it's not the majority, there is a big chunk of people out there who believe that he is innocent, that he is either had help, that he is wrongfully convicted, that he was coerced into falsely confessing. I mean, there are, there is a large group out there who believes that. And as we know, if it goes to trial, all it takes is one juror to have a little bit of doubt to throw the whole thing into chaos. Now, when it comes to how the families of the victims feel about this, obviously they are not happy, enraged, pissed off, like, I can't even imagine what they must be feeling right now. The Gonzalez family made a statement on Monday calling Brian Coburger a narcissist and, quote, I love this, the mosquito you just can't seem to swat. They said, we would have preferred a death penalty trial. We fully believe in the evidence. Instead, BK received exactly what he asked for, a deal that spared his life. Know this. He hates that life. He wants another chance to roll the dice. And I agree, too. I am obviously not a medical professional, so I can't diagnose somebody as a narcissist. But I would bet a lot of my money on the fact that I think Brian is a narcissist. So I think not only is he a pussy and he can't sack these prison conditions. And so now he wants to take a shot and go back to trial. But I also think for him, he kind of wants to relive everything and have enough evidence in there that he thinks proves his innocence and that he once again is outsmarting people. Because wherever you sit with this, anyone who's listening, I've never tried to hide the fact I think he is guilty. 100%. If you don't, that's your opinion. That is absolutely fine. But I think that it's for him. It's like, oh, I get to go on recess from prison, go into this trial, where? maybe a different outfit if they allow him, look through all the evidence again, torture these families and keep them in purgatory for who knows how long, and just milk the system with a shot of, hey, either I'll get out or I'll get the death penalty by firing squad and I'll be killed and I won't have to live the rest of my life in this torturous prison. He's a pussy. I hate him. This makes me so angry. What do you think? I was going to call him a pussy. And as I was going to say, I felt like that was too vulgar, but that's exactly what he is because I feel like, number one, he's trying to outsmart, like, he's this criminal justice student. He thinks he's going to be able to commit this murder and get away with it. He's a moron and fucked that up ultimately, got caught. Then he's like, I'm above it all. I'm going to plead guilty and like just not even go to trial. Not get any answers. Like, yeah. And now I can't stand the food. And I'm a pussy. So I'm going to, put this family now one thing I did think initially was how could you put your the families do this again however I know that they did want a trial ultimately so maybe for them not all the families yeah and then another thought when he was saying that when he pled guilty he didn't think that had anything to do with the guilt behind the crime so wouldn't you then do like an alfred plea where you're saying like I'll be say I'm guilty or like I'll admit to being guilty and take that plea but I'm not actually confessing to the crime? Because if that were true, wouldn't he have done that? Well, it depends what they offer you. But also, I mean, to that point, though, he's saying he was advised to lie and that he like to go against us. He even, I think one of the direct quotes was, my actual innocence is the truth or will prove the truth. Even going as far, which really annoyed the shit out of me to say, justice wasn't served in this case because the public never got a trial and had the opportunity to see all the evidence. Yeah, because you didn't go to trial. You took a plea deal. But my point to what you said is that, yeah, this guy was on the road to a PhD. When you're going through that paperwork and you were accepting a plea deal and when the judge is asking you repeatedly point blank, do you understand the terms of this agreement? Are you guilty? And you are verbally giving a yes. You're telling me you're so smart. You were on the road to PhD and like you didn't fully understand or you were somehow coerced or tricked, but you're this smart, brilliant guy, this criminal. Major, give me a break. Well, and also, am I wrong in saying I thought it was my understanding that death row is better living conditions. I have always thought that. So as a criminal justice student, wouldn't you have known that too? Well, so yes, that's why in his thing, he's saying that the council told him that when they toured it, the conditions were not good. And so I think that's where he's like, oh, death row isn't going to be great and cozy and comfy. it's going to be better to be in, not Gen Pop, obviously, but solitary in the prison system. And now I think he's realizing it is better. So he's like, oh, no, I want that cushy lifestyle of death row. I mean, I think what the public needs to do is just not that they haven't already, just publicly shame the fuck out of this guy and make him feel like the idiot he is because that's the whole thing. He is a narcissist. His ego is everything. He continues to think he's like beating the system or making some big point. And at the end of the day, it's just, further making him look like the coward, weak, pathetic loser that he is. And I think more than anything, that's what he doesn't want is people to like have him go down thinking, or even go down people thinking that of him. So I think back to Kaylee's sister Olivia's statement in court against him, where she just like eviscerated him and like brought him to his knees basically of like what a weasel he is. And look, I don't know that there's, he's got a leg to stand on in this situation. I truly do not think it will go anywhere. But I've been fooled before. You know, you never know. And like I said, I don't know if you've had as much visibility to it as I have just from like the comments and DMs that I receive. But there are so many people who think that he is innocent. And so I'm not trying to come for you guys. If you believe that, don't yell at me in the comments being like, Annie, you're attacking this guy. He's innocent. Like we're all entitled to our own opinions. My opinion is based on the evidence and based on the fact that he admitted his guilt. Okay. But I'm not going to come for you for having your opinions. But like, yeah, I just, I don't like any of this. Yeah. Oh. I know. Now, you always say you hope that you'll never have to talk about him again. And then he is that mosquito that you cannot swat. Exactly. Steve was spot on with that comparison. Now, speaking of other absolute trash humans, we've got to talk about David Anthony Burke. And everything that went down in the preliminary hearing. he's officially going to trial and we got to talk about, you know, not only the big takeaways that came out through the prelim, especially on Monday, but also what happened over the weekend. Because you guys probably have