Idaho
Kohberger lawyer wants the public to see request for the judge to rethink dismissing charges
In a capital murder case that has been marked by secrecy and media restrictions, a lawyer for accused Idaho college killer Bryan Kohberger is now asking the judge to make public their arguments that he should rethink his decision to deny their ask to toss out the charges.
“Mr. Kohberger acknowledges the right of the public to be fully informed of the issues,” his lawyer wrote in a new filing posted to the docket Tuesday and filed on Friday.
Kohberger’s defense had previously made two different attempts to get the indictment against him dismissed. In one, they argued that the grand jury was given inaccurate instructions — that they used the wrong standard of proof. In the other, they argued that prosecutors withheld evidence that might aid Kohberger in defending himself, and biased the grand jury.
The judge denied both in mid-December. Just before Christmas, Kohberger’s team asked the judge to reconsider that decision – filing a request under seal.
Kohberger’s high-profile case has largely been veiled in secrecy due to a strict non-dissemination or so-called “gag” order in place. The defense has repeatedly criticized some media portrayals of their client, and the judge himself has chastised the media for what he called “disappointing” behavior filming proceedings by some members of the press. Both Kohberger’s defense and prosecutors leading the case against him have supported limiting cameras in the courtroom – or even banning them entirely.
Now, Kohberger’s lawyer wants the public to know where they stand, at least on this particular matter of asking the judge to rethink his decision to dismiss the charges.
“Capital case litigation is largely a matter of creating or avoiding as many appellate issues as possible. The prosecution wants to avoid them, the defense wants to create them,” said Matt Murphy, a former prosecutor in Orange County, California and ABC News legal contributor.
“The defense has already made their position clear on the trial record. That properly preserved the issue for appeal review,” Murphy added. “‘Unsealing’ it now just opens it up for the public. This has the twin dangers of poisoning prospective jurors, or running afoul of the Court’s desire not to try the case in the media.”
Bryan Kohberger enters the courtroom for a hearing on Aug. 18, 2023 in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in Nov. 2022.
August Frank-Pool/Getty Images, FILE
In their new filing, Kohberger’s lawyer says they only asked for those particular filings to be sealed in the first place “solely” because prosecutors wanted it — and they were on deadline to file the motion, so they acquiesced.
They say their client “has a right” for the relevant criminal rule “to apply as it is written rather than disadvantage him with items remaining sealed that are not within the scope” of that rule.
Arguments on Kohberger’s requests for the judge to reconsider his decision not to toss out the charges are set to be heard in pretrial hearings on Jan. 26.
Prosecutors allege that in the early morning hours of Nov. 13, 2022, Kohberger, a criminology Ph.D. student at nearby Washington State University, broke into an off-campus home and stabbed four University of Idaho students to death: Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20, and Kaylee Goncalves, 21.
After a six-week hunt, police zeroed in on Kohberger as the suspect, arresting him in December 2022 at his family’s home in Pennsylvania. He was indicted in May and charged with four counts of first-degree murder and one count of burglary. At his arraignment, he declined to offer a plea, so the judge entered a not-guilty plea on his behalf.
Kohberger could face the death penalty, if convicted.
His lawyers have said their client wasn’t in the home where the homicides occurred and was driving around alone that night.
In August, Kohberger waived his right to a speedy trial, indefinitely delaying what was supposed to be an Oct. 2 start date.
A new trial date has not been set.
Idaho
Handmade Idaho brings local artisans together under one roof at Boise Towne Square
BOISE, Idaho — What started as a holiday pop-up has transformed into a year-round celebration of Idaho creativity, bringing together the best local makers all in one convenient location.
Handmade Idaho, located at 350 N Milwaukee St Ste 1141 on the lower level of Boise Towne Square Mall, showcases goods from small artisans across the Gem State.
Handmade Idaho brings the best of local artisans to you.
Handmade Idaho brings local artisans together under one roof at Boise Towne Square
Owner Angela Stewart says the business grew out of a need to support local creators.
“We started as an organization to provide more opportunities for local artisans to sell their goods. So we had a holiday show for several years, and then COVID hit, and we had to cancel,” Stewart said.
After the pandemic forced cancellation of their holiday show, Stewart opened pop-up shops at The Village and later at Boise Towne Square Mall. The mall convinced her to return full-time, and she’s been operating there since 2022.
The permanent location allows customers to shop from local artisans seven days a week. Stewart accepts new makers through an online application at HandmadeIdaho.com.
“We still feature like local artisans from all over Idaho, but now, you know, people can shop them 7 days a week instead of just during the holidays,” Stewart said.
Inside the store, huckleberry items are particularly popular since it’s the state fruit.
Greenlee Clark / Idaho News 6
“We have everything Idaho huckleberry you can imagine, from soap to edible things, to tea towels,” Stewart said.
The store also features potato-themed products, including chips, soup mix, and bread mix, along with sweet treats, unique jewelry, apparel for all ages, hats, candles, glassware, and mugs. Some items are printed right in the shop, and apparel goes up to 3XL on many designs.
Greenlee Clark / Idaho News 6
The store’s most popular offering is custom and ready-to-go gift boxes available in three different sizes. Pre-made options include huckleberry-themed boxes, spud boxes, kitchen boxes, and spa boxes.
“You can pick all the goods you want, we’ll make it fit in a box, and we can ship it, or you can take it with you, but this is like a really ideal fun gift,” Stewart said.
For uncertain shoppers, Stewart offers guidance.
“If you’re buying a gift for somebody and you don’t know what they like, food is always a hit,” Stewart said.
About 90% of the inventory is available online, but the remaining 10% consists of one-of-a-kind items made by different artisans. The business also specializes in corporate gifting and helps customers with Secret Santa and white elephant gifts.
Greenlee Clark / Idaho News 6
“People come in here all the time. I don’t know what to get, and they just give us a budget, we’ll figure it out for you,” Stewart said.
Stewart, who also owns Ladybug Press and features those products in the store, emphasizes the community impact of supporting small businesses.
“When you shop our store, you’re helping your neighbors, you’re helping people in our actual community, and I think that, you know, that’s a really huge thing to be able to like vote with your dollars,” Stewart said.
Handmade Idaho is open seven days a week at 350 N Milwaukee St Ste 1141 on the lower level of Boise Towne Square Mall, with online shopping available at HandmadeIdaho.com.
Idaho
Charges dropped against BYU-Idaho student accused of kidnapping baby at Costco – East Idaho News
Bonneville County Prosecutor Randy Neal describes a new video from Costco over the incident involving an alleged kidnapping prior to Thanksgiving. | Daniel V. Ramirez, EastIdahoNews.com
IDAHO FALLS — Weeks after a BYU-Idaho student was accused of kidnapping a baby from Costco, the Bonneville County Prosecutor announced Thursday afternoon that charges will be dismissed.
During a news conference, Prosecutor Randy Neal showed three videos from inside Costco during the alleged incident on Nov. 24, which led to Michael Raine, 24, being charged with felony second-degree kidnapping.
According to court documents, Raine was looking at books inside the store and a cart with a baby was nearby.
RELATED | BYU-Idaho student accused of kidnapping 4-week-old baby in Costco
The document states that Raine “looked around” and then grabbed the cart and walked away.
The issue for officials was what occurred once Raine rounded the corner with the cart and the baby.
Neal said the new video shows Raine walking away with the cart, and the baby’s mother finding him almost immediately. The prosecutor explained that when pursuing cases, a prosecutor reviews the evidence and determines whether, beyond a reasonable doubt, the action was a crime.
“For a prosecutor, the analysis is whether there is a rational basis for someone to conclude, beyond a reasonable doubt, that they are to a moral certainty, that this is a crime? I don’t think that we can say that,” Neal said.
Neal said the surveillance videos from Costco show that Raine had no intention of running away with that cart.
WATCH COSTCO SURVEILLANCE VIDEO HERE:
The other aspect is that Raine didn’t leave the store after the incident, which, according to the documents, indicates the student had purchased items and eaten at the food court.
Looking at the reasons for Raine’s arrest, Idaho Falls Police Chief Bryce Johnson said at the time, there was only one single video, and based on what was seen, Raine’s actions were found to be suspicious.
Another factor that influenced Raine’s arrest was his trip to the United States Marine Corps Recruiting station in Boise on Nov. 25.
“The detectives were consulting with the prosecutors and made the proper decision at that time in the interest of public safety, based on probable cause, to make that arrest,” Johnson said. “That just doesn’t end the case. There’s a requirement to keep on going.”
Johnson and Neal discussed how detectives met with the mother of the baby and went over the events in a cognitive interview. Neal said this type of interview is a narrative recount of the events by the victim, without any questions being asked.
“Often, the mind will just start filling in pieces in order to make it make sense to them,” Neal said.
Detectives worked on recreating the incident at Costco with the mother, but Neal said some of the mother’s version of events were inaccurate in terms of the cart placement and other minor details.
Neal said Natalie Millett was told charges have been dropped.
In a statement to the media, Millett said the event has caused the emotional pain that words can’t describe and will impact her for life.
“I believe it was miraculous that I ran in the right direction and recovered my baby swiftly, but the outcome could have been so different had I not listened to my intuition and impressions that day,” Millett said.
After being informed that the charges against Raine would be dismissed, Millett stated that she does feel at peace because she has done everything in her power.
One of the major talking points of the conference and in Millett’s statement is the reaction and comments from social media that have attacked her and made egregious remarks about people involved.
“To sit in your basement and write poison is just really disgusting. It’s just inappropriate,” Neal said.
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Idaho
Drivers urged to exercise caution amid potential flooding in North Idaho
BOISE, Idaho (CBS2) — The Idaho Transportation Department (ITD) is warning drivers in North Idaho to be vigilant as rising water levels from recent rainfall and runoff may lead to roadway flooding and washouts.
ITD crews are actively monitoring the situation and are prepared to respond as conditions change. Drivers are advised to exercise extra caution, particularly in lowland areas, where conditions can shift rapidly. ITD strongly recommends against driving through standing water, as it can be difficult to gauge its depth or identify hidden hazards. Water intake can also cause significant damage to vehicles. For updates on detours and road closures, drivers are encouraged to visit Idaho 511.
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