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Bryan Kohberger hearing could set rules for evidence in Idaho murders trial

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Bryan Kohberger hearing could set rules for evidence in Idaho murders trial

Prosecutors and attorneys for Bryan Kohberger, the man charged in the killings of four University of Idaho students in 2022, will argue some of the final ground rules they want for his trial in a two-day hearing set to begin Wednesday morning.

Kohberger, 30, is accused in the stabbing deaths of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves at a rental home near campus in Moscow, Idaho. Prosecutors say the four were killed in the early morning hours of Nov. 13, 2022, and their bodies were discovered later that day.

Kohberger, then a criminal justice graduate student at Washington State University, was arrested in Pennsylvania weeks after the killings. Investigators said they matched his DNA to genetic material recovered from a knife sheath found at the crime scene.

A judge previously entered not guilty pleas on Kohberger’s behalf when he remained silent after being asked how he pleaded.

Attorneys for the prosecution and defense have submitted more than 170 legal filings ahead of Kohberger’s trial, CBS News correspondent Jonathan Vigliotti reported Wednesday on “CBS Mornings.” Among the filings are motions addressing whether Kohberger should face the death penalty if convicted, whether witnesses should be allowed to testify about issues like “touch DNA,” and whether certain people should or should not be allowed in the courtroom during the trial. 

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The hearing will give the attorneys a chance to make their case in person, discussing the legal reasoning behind their requests. It will also give 4th District Judge Steven Hippler a chance to ask the attorneys questions as he weighs their arguments.

Many of the motions are focused on what evidence can be presented to jurors during the trial. Each side has argued some evidence should be prohibited. 

For their part, Kohberger’s defense team is seeking to limit how much of their client’s online shopping data can enter the court, as prosecutors allege the suspect used his Amazon account to purchase what they believe to be the murder weapon — a Ka-Bar knife with sheath and sharpener — and legal filings show they want to introduce evidence of his “click history” at Amazon.com. Kohberger’s attorneys have argued his online shopping history could be taken out of context or not reflect the influence of algorithms that recommend purchases.

Investigators never found the Ka-Bar knife, although they did discover the sheath next to one of the victims at the crime scene.

Bryan Kohberger is escorted into court for a hearing in Latah County District Court, Sept. 13, 2023, in Moscow, Idaho.

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Ted S. Warren / AP


Defense attorneys have suggested the paraphernalia was planted, in another attempt by Kohberger’s representation to push back on evidence that’s central to the prosecution’s case. His lawyers have also argued against the admissibility of testimony from one of the slain women’s surviving roommates, who claims to have seen a masked man with “bushy eyebrows” in the house the night of the murders. His lawyers suggested the testimony could unfairly influence the jury.

Prosecutors want to introduce a photo that Kohberger took of himself hours after the time of the killings because they say it shows what he looked like at that time. 

The defense and prosecution also will likely present arguments over whether jurors should hear audio of a 911 call made by two women in the house roughly eight hours after the killings, as they realized one of their roommates wasn’t waking up.

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Regarding the death penalty, Kohberger’s defense has asked the judge to find that an autism spectrum disorder diagnosis would make Kohberger ineligible for the death penalty. 

Other topics that could come up include what kinds of questions will be asked during the jury selection process. Attorneys on both sides have submitted proposed questionnaires that could be used to narrow the jury pool down to a small group of candidates, but so far those documents have been sealed from public view.

Hippler can “rule from the bench” — simply telling the attorneys what his decision is on each request — but he can also decide to issue a written ruling sometime after the hearing is over. Sometimes written rulings can be particularly helpful in complicated legal cases like this one, because they can help attorneys quickly find and refer to the judge’s decisions months or even years down the road.

Jury selection in the case is expected to begin July 30, with the trial starting Aug. 11 in the Ada County Courthouse in downtown Boise.

The trial is expected to take nearly three months to complete, lasting into the start of November.

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UBS reaps trading windfall from market turmoil

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UBS reaps trading windfall from market turmoil

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UBS has become the latest bank to reap a windfall from the market turmoil unleashed by Donald Trump’s tariffs, as its traders helped power the Swiss lender to better than expected first-quarter profits.

Revenues at its markets business surged 32 per cent to $2.5bn in the quarter, after Trump’s aggressive trade war triggered volatility across global stock and currency markets.

Trump’s erratic tariff policy since his return to the White House has helped propel trading revenues at big banks in Europe and on Wall Street, as investors contend with the fallout from his effort to reshape the global trading order.

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UBS reported net profit of $1.7bn in the quarter, surpassing the $1.3bn forecast by analysts, but down from $1.8bn in the same period a year ago. Revenues were flat at $12.6bn.

Revenues at its investment banking division climbed 16 per cent to $3.3bn in the quarter.

Its global wealth management division attracted $32bn in new assets in the period, with the unit’s pre-tax profit of $1.4bn driven by higher fees.

Chief executive Sergio Ermotti said: “The power and scale of our diversified global franchise, coupled with our continued focus on clients, drove strong business momentum in the quarter and net new inflows in our asset-gathering businesses.”

Ermotti, who returned to lead the bank’s integration of former rival Credit Suisse in 2023, said the process was “on track”. UBS is in the midst of switching more than 1mn Swiss retail clients on to its systems, one of the most complicated parts of the integration.

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“As we start to execute on the next critical phase of integration, I remain pleased with the substantial progress we have made so far,” Ermotti said.

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Hawaii plans to increase hotel tax to help it cope with climate change

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Hawaii plans to increase hotel tax to help it cope with climate change

People are seen on the beach and in the water in front of the Kahala Hotel & Resort in Honolulu, Nov. 15, 2020.

Jennifer Sinco Kelleher/AP


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Jennifer Sinco Kelleher/AP

HONOLULU — In a first-of-its kind move, Hawaii lawmakers are ready to hike a tax imposed on travelers staying in hotels, vacation rentals and other short-term accommodations and earmark the new money for programs to cope with a warming planet.

State leaders say they’ll use the funds for projects like replenishing sand on eroding beaches, helping homeowners install hurricane clips on their roofs and removing invasive grasses like those that fueled the deadly wildfire that destroyed Lahaina two years ago.

A bill scheduled for House and Senate votes on Wednesday would add an additional 0.75% to the daily room rate tax starting Jan. 1. It’s all but certain to pass given Democrats hold supermajorities in both chambers and party leaders have agreed on the measure. Gov. Josh Green has said he would sign it into law.

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Officials estimate the increase would generate $100 million in new revenue annually.

“We had a $13 billion tragedy in Maui and we lost 102 people. These kind of dollars will help us prevent that next disaster,” Green said in an interview.

Green said Hawaii was the first state in the nation to do something along these lines. Andrey Yushkov, a senior policy analyst at the Tax Foundation, a Washington, D.C.-based nonprofit organization, said he was unaware of any other state that has set aside lodging tax revenue for the purposes of environmental protection or climate change.

Adding to an already hefty taxThe increase will add to what is already a relatively large duty on short-term stays. The state’s existing 10.25% tax on daily room rates would climb to 11%. In addition, Hawaii’s counties each add their own 3% surcharge and the state and counties impose a combined 4.712% general excise tax on goods and services including hotel rooms. Together, that will make for a tax rate of nearly 19%.

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The only large U.S. cities that have higher cumulative state and local lodging tax rates are Omaha, Nebraska, at 20.5%, and Cincinnati, at 19.3%, according to a 2024 report by HVS, a global hospitality consulting firm.

The governor has long said the 10 million visitors who come to Hawaii each year should help the state’s 1.4 million residents protect the environment.

Green believes travelers will be willing to pay the increased tax because doing so will enable Hawaii to “keep the beaches perfect” and preserve favorite spots like Maui’s road to Hana and the coastline along Oahu’s North Shore. After the Maui wildfire, Green said he heard from thousands of people across the country asking how they could help. This is a significant way they can, he said.

Hotel industry has mixed feelingsJerry Gibson, president of the Hawaii Hotel Alliance, which represents the state’s hotel operators, said the industry was pleased lawmakers didn’t adopt a higher increase that was initially proposed.

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“I don’t think that there’s anybody in the tourism industry that says, ‘Well, let’s go out and tax more.’ No one wants to see that,” Gibson said. “But our state, at the same time, needs money.”

The silver lining, Gibson said, is that the money is supposed to beautify Hawaii’s environment. It will be worth it if that’s the case, he said.

Hawaii has long struggled to pay for the vast environmental and conservation needs of the islands, ranging from protecting coral reefs to weeding invasive plants to making sure tourists don’t harass wildlife, such as Hawaiian monk seals. The state must also maintain a large network of trails, many of which have heavier foot traffic as more travelers choose to hike on vacation.

Two years ago, lawmakers considered requiring tourists to pay for a yearlong license or pass to visit state parks and trails. Green wanted to have all visitors pay a $50 fee to enter the state, an idea lawmakers said would violate U.S. constitutional protections for free travel.

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Boosting the lodging tax is their compromise solution, one made more urgent by the Maui wildfires.

A large funding gapAn advocacy group, Care for Aina Now, calculated a $561 million gap between Hawaii’s conservation funding needs and money spent each year.

Green acknowledged the revenue from the tax increase falls short of this, but said the state would issue bonds to leverage the money it raises. Most of the $100 million would go toward measures that can be handled in a one-to-two year time frame, while $10 to $15 million of it would pay for bonds supporting long-term infrastructure projects.

Kāwika Riley, a member of the governor’s Climate Advisory Team, pointed to the Hawaiian saying, “A stranger only for a day,” to explain the new tax. The adage means that a visitor should help with the work after the first day of being a guest.

“Nobody is saying that literally our visitors have to come here and start working for us. But what we are saying is that it’s important to be part of of the solution,” Riley said. “It’s important to be part of caring for the things you love.”

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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

When a military judge threw out a defendant’s confession in the Sept. 11 case this month, he gave two main reasons.

The prisoner’s statements, the judge ruled, were obtained through the C.I.A.’s use of torture, including beatings and sleep deprivation.

But equally troubling to the judge was what happened to the prisoner in the years after his physical torture ended, when the agency held him in isolation and kept questioning him from 2003 to 2006.

The defendant, Ammar al-Baluchi, is accused of sending money and providing other support to some of the hijackers who carried out the terrorist attack, which killed 3,000 people. In court, Mr. Baluchi is charged as Ali Abdul Aziz Ali.

He is the nephew of Khalid Shaikh Mohammed, the man accused of masterminding the plot.

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The judge, Col. Matthew N. McCall, wrote that it was easy to focus on the torture because it was “so absurdly far outside the norms of what is expected of U.S. custody preceding law enforcement questioning.”

“However,” he added, “the three and a half years of uncharged, incommunicado detention and essentially solitary confinement — all while being continually questioned and conditioned — is just as egregious” as the physical torture.

Prosecutors are preparing to appeal.

But the 111-page ruling was the latest blow to the government’s two-decade-old effort to hold death penalty trials at Guantánamo Bay by sweeping aside a legacy of state-sponsored torture.

Military judges in the two capital cases at Guantánamo have rejected the use of confessions taken from prisoners after they were in C.I.A. detention, illustrating the enduring stain of a Bush administration decision after Sept. 11, 2001, to interrogate and hide suspected members of Al Qaeda in black sites rather than use the court-monitored law enforcement system.

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From his capture in Pakistan in early 2003 to his transfer to Guantánamo in 2006, Mr. Baluchi was kept out of the reach of lawyers, a court and the International Red Cross, according to evidence presented at years of pretrial hearings.

In his first days in custody, Mr. Baluchi was deprived of sleep for 82 straight hours. He was shackled at the ankles and the wrists in a way that forced him to stand, naked, with a hood on his head. He was made to fear he would be drowned in a mock waterboarding technique while he was in a dungeonlike setting in Afghanistan.

In time, he was shuttled between five overseas prisons, including in Eastern Europe. Food and clothing were used as rewards for his cooperation with C.I.A. debriefers in a program described in court by two psychologists who carried out some of the interrogations for the agency.

The judge referred to classified C.I.A. accounts showing that Mr. Baluchi was questioned about Al Qaeda and his role in the Sept. 11 attacks more than 1,000 times before he was transferred to Guantánamo. Then, in January 2007, the Bush administration adopted a concept called clean teams.

The idea was to have agents who had not been involved in previous interrogations question a suspect anew to try to obtain admissible evidence for a court case. In the case of Mr. Baluchi, three F.B.I. agents questioned him over four days at Guantánamo in January 2007, four months after he was transferred there from a black site.

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The F.B.I. agents wrote a memo containing his confessions, which Judge McCall rejected on April 11 as illegally derived from torture.

Prosecutors had argued that Mr. Baluchi’s brutal interrogations lasted only a few days. For the next three years, they said, he gradually became less afraid of his captors and in time voluntarily answered questions from the C.I.A. debriefers and, later, from the F.B.I. questioners at Guantánamo.

The judge disagreed. “The goal of the program was to condition him through torture and other inhumane and coercive methods to become compliant during any government questioning,” he wrote. “The program worked.”

Uncertainty over whether the statements would be admissible was one reason the prosecutors sought to settle the case with guilty pleas in exchange for life sentences rather than through a death-penalty trial.

Mr. Baluchi and his lawyers never reached a plea agreement. But Mr. Mohammed and two other defendants did in a settlement that the Justice Department is now trying to overturn. If the courts uphold the deal and the plea goes forward, Mr. Mohammed has agreed to let prosecutors use portions of his 2007 interrogations at Guantánamo at a sentencing hearing.

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Government lawyers have to meet a high bar in appealing to reinstate Mr. Baluchi’s 2007 statements. In January, the military commissions appeals court upheld a judge’s decision to throw out the same type of evidence in the U.S.S. Cole case, the longest-running capital case at Guantánamo Bay.

In it, the appellate panel endorsed the analysis of the judge in that case that the C.I.A. had “conditioned” its captives “to answer questions from United States government officials — be they debriefers, interrogators or interviewers.”

In his third month at Guantánamo, Mr. Baluchi reported to a medical staff member that guards had withheld water from him “for 48 hours because he wrote his name in his shower with steam,” the judge noted.

Court testimony showed that each former C.I.A. prisoner’s cell was equipped with an intercom and individual shower that required little contact with guards. So Mr. Baluchi was punished for writing his name in a place where only he, the guards and the prison’s surveillance system could see it.

Moves between black sites started with a cavity search, the judge said in a section that explained the process in detail. Mr. Baluchi was blindfolded, and his ears and mouth were covered to prevent him from hearing or communicating with others.

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“He was diapered and then strapped into a seat or strapped to the floor like cargo for however long the flight lasted,” the judge recounted. The prisoner “did not know where he was going or how long he would have to remain in a soiled diaper.”

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