This is beyond a reasonable doubt with your hosts, Mark Garagas and Gary Smith.

Good Gary, how are you? Happy Tuesday. Happy Tuesday, Mark. What are you going to talk about?

Is anything happen lately?

Well, why don't we start with? I mean, there's so many we start with, but the one that

kind of captured my interest today was the case in Idaho, Brian Colberger,

right? They're familiar with it. Absolutely. Okay. So there is the defense in that case,

has done a motion to have a one of the survivors of that horrible incident at the house,

testified the preliminary hearing. And Gary, you've got the article at least, it appears

that this person is resisting the subpoena. Yes. Did I get that right?

I believe you did that she is trying to avoid being able to testify.

Bethany Fumke, I believe I hope that I'm pronouncing that right, is fighting the defenses

attempt to get her to compel her to testify. And the argument by the defense is that she has

what's called exculpatory evidence, meaning that she could help exculpate or prove his innocence.

Now you could say, well, is that a process type move? Well, to some degree, yes, normally in a

preliminary hearing in order to put on an affirmative defense, you have to make an offer to the court.

You got to tell the court, look, I, the reason I want this is it's going to negate one of the

elements of probable cause for preliminary hearing to negate one of the elements is generally

to exculpate or negate. And so in this case, arguably, there is information that Bethany has,

although not articulated specifically what it is. And that's why they want her to testify.

Her lawyer who has weighed in here on a motion to fight that has made the argument that the court

cannot compel this person, Bethany, to testify because it's a state prosecution. She lives out of

state and therefore there's no way to bring her in to this case. You got to get that correct, Gary?

...