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Bryan Kohberger prosecutors will let victims’ families speak, no lay witnesses for sentencing if convicted

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Bryan Kohberger prosecutors will let victims’ families speak, no lay witnesses for sentencing if convicted

The prosecuting attorney in the case of Bryan Kohberger, accused of murdering four University of Idaho students, notified the court in a recent filing that the state does not intend to call lay witnesses during the penalty phase of the trial, if he is convicted. 

The prosecution wrote in the filing obtained by Fox News Digital that it “hereby provides notice that the State does not intend to call any lay witnesses during the penalty phase.”

The document was filed late last week in the District Court of the Fourth Judicial District in the State of Idaho.

Bryan Kohberger, right, is escorted into a courtroom to appear at a hearing in Latah County District Court on Sept. 13, 2023 in Moscow, Idaho. (AP Photo/Ted S. Warren)

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“Rather, the State intends to rely on testimony and evidence admitted during the guilt phase,” the filing says. 

The state does intend to allow victim impact statements from immediate family members of the victims who are present for the potential sentencing hearing. 

Read the court filing:

Kohberger is charged with first-degree murder in the deaths of four students at the University of Idaho, including Kaylee Goncalves, 21; Xana Kernodle, 20; Madison Mogen, 21; and Ethan Chapin, 20. He is also charged with one count of felony burglary. 

The four students were killed in a home attack on Nov. 13, 2022, near the university’s campus.

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Bryan Kohberger enters the courtroom for his arraignment hearing in Latah County District Court on May 22, 2023 in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson-Pool/Getty Images)

The state will pursue the death penalty if Kohberger is convicted. 

His defense attorney, Anne Taylor, recently found herself the object of Judge Steven Hippler’s scorn when she presented a motion to take the death penalty off the table in the case. 

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She argued that the prosecution’s discovery was so sloppy that Kohberger could not possibly review the evidence against him before his trial is scheduled to begin in August.

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Bryan Kohberger, who is accused of killing four University of Idaho students in November 2022, sits with Anne Taylor, one of his attorneys, during a hearing in Latah County District Court on Wednesday, Sept. 13, 2023 in Moscow, Idaho. (AP Photo/Ted S. Warren, Pool)

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“[Kohberger] has been receiving discovery in the same manner for over two years,” Hippler wrote. “[Kohberger] has not sought additional resources…to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence. His lead counsel insisted that she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case.”

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Hippler also added that Taylor, “indicated that her practice is to personally review all the discovery herself, rather than rely on associates and staff to review materials to cut through the less relevant information and point to what materials need review by lead counsel.”

Fox News Digital reached out to Taylor and to Latah County Prosecuting Attorney Bill Thompson’s office. 

Fox News’ Adam Sabes contributed to this report. 

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West

California Democratic candidate uses wrong photo for Rep Jasmine Crockett’s congressional endorsement

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California Democratic candidate uses wrong photo for Rep Jasmine Crockett’s congressional endorsement

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A campaign website for a California Democratic congressional candidate mistakenly promoted an endorsement from U.S. Rep. Jasmine Crockett using a photo of a different Black woman instead of the Texas Democrat.

The website for Esther Kim Varet removed the image Thursday afternoon after Fox News Digital inquired about the error.

“Racist. Arrogant. Totally out of touch. Good thing @estherkimvaret’s hate-filled, bigoted self isn’t getting anywhere near Congress,” Christian Martinez, national Hispanic press secretary for the National Republican Congressional Committee, wrote on X.

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Varet, owner of Various Small Fires, a chain of art galleries in Los Angeles, Dallas and Seoul, is running to unseat Rep. Young Kim, a Republican representing California’s 40th Congressional District, which includes portions of Orange, Riverside and San Bernardino counties.

Varet, the child of Korean immigrants, called Kim, who was born in South Korea, an “ESL puppet” in a social media post criticizing the Trump administration’s immigration policies.

The campaign website for California Democratic candidate Esther Kim Varet had the wrong image of Rep. Jasmine Crockett, D-Texas, while touting her endorsement.  (Getty Images)

“My story is not unique. It’s the story of so many Korean Americans and immigrants across the country who are proud Americans and are making our communities better every day. I’m proud of my accent and will keep using my voice to protect the American dream for future generations,” Kim previously told Fox News Digital.

Fox News Digital has reached out to Varet’s campaign and to Crockett’s office.

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The campaign website for Esther Kim Varet had the wrong image for Rep. Jasmine Crockett, D-Texas, while touting her endorsement. (estherkimvaretc.com)

In August, the NRCC called Varet “unhinged” after she criticized Kim’s English-speaking skills. She also allegedly targeted Martinez personally, telling him to “prove that you’re a REAL Latino,” the group said. 

Kim is also facing a Republican primary challenge from Rep. Ken Calvert, and the two will compete for the reconfigured district.

The district lines were changed after voters approved a statewide redistricting measure in November aimed at creating additional Democratic-leaning congressional seats. 

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Rep. Jasmine Crockett, D-Texas, a member of the House Judiciary Committee, arrives on Capitol Hill in Washington, D.C., Dec. 17, 2025.  (AP Photo/J. Scott Applewhite)

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The move came in response to a new map in Texas designed to establish several more Republican-leaning districts.

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San Francisco, CA

Thousands in one San Francisco neighborhood heading into another day without power

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Thousands in one San Francisco neighborhood heading into another day without power


While many people in San Francisco have their power back, there are still thousands without it.

At a press conference Monday afternoon, Mayor Daniel Lurie said 4,000 PG&E customers in the Civic Center area are still in the dark. One of them is Parvathy Menon. 

“We haven’t been able to take showers or use the bathroom,” said Menon. “Our electricity is out. I think all our food started rotting about a day in.”

She lives at 100 Van Ness. She said she’s grateful she’s going out of town tomorrow, but even that’s posing some problems.

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“I actually have to pack for a trip tonight, and we’re doing it in full darkness,” Menon explained. “We are using our phone lights, we are using our laptops to charge our phones.”

Her apartment is pitch black, except for the small amount of streetlight coming through the windows. She said the apartment complex has been doing all they can to help, like providing some food and water.

They have a small generator to power some lights in the lobby and one elevator for the nearly 30-story apartment building.

Menon said she is most upset about the lack of communication from PG&E.

“Initially, when this started, we were supposed to get power back within the day, then it went to the next day and now they just stopped calling us completely,” said Menon.

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San Francisco City Hall was closed for the day because of the outage, but Mayor Daniel Lurie held a press conference with Supervisors Matt Dorsey and Bilal Mahmood.

Lurie said what residents have gone through is unacceptable, and he’s lost trust in PG&E’s estimated times for repair.

“They gave us a timeline that they believe in, but it’s not one that I can have confidence in any longer,” Lurie said. “So, we don’t have full faith that 6 a.m. is the time tomorrow.”

“Shame on PG&E for having this happen,” said District 6 Supervisor Matt Dorsey. “This is a company that has had a lot of reliability issues and the jury is out on what happened, but if this is negligence, I think it’s going to be really important for people to understand they have rights as customers.”

Leaders encourage everyone who lost anything to file a claim with PG&E; they could be eligible for reimbursements. Mahmood is calling for a hearing after the new year to get some answers for PG&E.

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“What went wrong, why weren’t they able to address it this weekend and what steps are they taking to make sure this doesn’t happen again,” said Mahmood about the question he has for the utility company. 

PG&E said the outage happened after a fire at its Mission Street substation left significant damage, but the cause is still under investigation.

Meanwhile, Menon has been refreshing social media looking for good news, but she’s starting to lose faith.

“They’re really doing nothing to help us here, so I’m losing hope,” said Menon. 

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Denver, CO

Utah Jazz vs Denver Nuggets: Recap and final score

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Utah Jazz vs Denver Nuggets: Recap and final score


In a game that was over in the first quarter, the Denver Nuggets destroyed the Utah Jazz 135-112. The score isn’t even indicative of how the game went. To start the game, the Nuggets went on a massive run, leaving the Jazz down by 27 points in the middle of the 1st quarter. For the Jazz, it’s surprising just how different they are on the road versus at home. At home, the Jazz are 7-9 while they are 3-9 on the road. This game was a perfect example. The Jazz looked like they got Monstar’d in the first quarter, and there was no way for them to recover the rest of the game. It’s a sign that this Jazz team, as competitive as they’ve mostly been at home, is not there yet as a competitive team.

There were a few things on this one to build on, but some things to be concerned about. Keyonte George was able to calm down after a shaky start and was able to shoot a respectable 7/14 from the field and 2/4 from three. He also grabbed 8 boards and dished out 7 assists. George looked the most in control of anyone on the Jazz during the loss. It’s one of those signs that George is evolving into a great player who will perform at a high level regardless of whatever situation he’s in.

For things to be a little concerned about? Lauri Markkanen continues not shoot the three well. Tonight he was 2/9 from three and is now shooting 35.2%. Overall, Markkanen shot it well from the field at 10/20, but it would be nice if that three-point shot started falling more consistently. It’s the skillset that sets Markkanen apart but it’s not really showing up again this season. Last season, Markkanen ended the year at 34.6%. Is this the reflection of a season being thrown again, or is this just what Markkanen is as a shooter?

Probably the biggest concern of everything is the defense. Yes, you’re playing against Nikola Jokic, but the Jazz came into this one as the #29 defense in the league. So many times in this one, you have defenders playing off shooters and not able to defend shooters. And we’re not talking drive-and-kick-type plays, these are one-pass-away possessions that are getting open threes. It’s not the best sign for this team, ever being a high-level defense. Maybe they’re not trying as hard with the obvious tank that now appears to be happening, but it would be nice to see some better outcomes with the defense on nights like tonight. That said, the best thing for this team, after a game like tonight, is to add more talent to the roster. Fixing the defense is something they’ll worry about more next season. But it’s definitely something to watch as the season goes on, and pay attention to who is able to make an impact defensively.

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