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Bryan Kohberger's fight against death penalty gets day in court; expert skeptical of defense's arguments

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Bryan Kohberger's fight against death penalty gets day in court; expert skeptical of defense's arguments

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Student murder suspect Bryan Kohberger returnED to court Thursday, where his defense hopes to have the death penalty taken off the table before he goes to trial in the stabbing deaths of four University of Idaho undergrads.

The defense planned to call two expert witnesses at the hearing — forensic pathologist Dr. Barbara Wolf and University of Idaho law professor Aliza Cover, whose research has examined capital punishment and constitutional law.

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Judge Steven Hippler denied both requests, siding with prosecutors who argued that their testimony would be irrelevant under Idaho law. The judge said he had also read an affidavit from Dr. Wolf and an article from Cover that largely summed up the testimony the defense expected.

BRYAN KOHBERGER DEFENSE CALLS IN FAMED EXPERT WHO HELPED O.J. SIMPSON

Bryan Kohberger, left, listens as defense attorney Jay Logsdon, right, presents oral arguments Oct. 26, 2023, in Moscow, Idaho. (Kai Eiselein-Pool/Getty Images)

Kohberger’s team filed a number of attacks on the possibility of capital punishment last month, challenging it as a potentially cruel or unusual punishment, arguing that it goes against “contemporary standards of decency” and asserting that Idaho’s newly revived firing squad is unconstitutional, among other arguments. 

“It appears the defense is laying the groundwork for appeal,” said Matt Mangino, a former Lawrence County, Pennsylvania, district attorney and expert on capital punishment litigation. “Their most recent arguments are for an appellate court not a trial court.”

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Those include taking issue with nearly all of the alleged aggravating factors and arguing that the firing squad is unconstitutional. While they’ve had some success, including dropping the aggravator for burglary that prosecutors agreed with, they face an uphill battle, Mangino said.

BRYAN KOHBERGER DEFENSE EYES DEATH PENALTY FINE PRINT

“There has never been a method of execution determined by the Supreme Court to be unconstitutional,” he told Fox News Digital. “Whether someone has been hanged or gassed or electrocuted or shot, the Supreme Court has never said that any method like that, and also lethal injection, is unconstitutional.”

Although Idaho only recently brought back the firing squad as an option, it’s a reliable method that has been used both historically and in modern times, he said. 

“There was a pause in the death penalty in the early ’70s, and when the death penalty came back a few years later, the first execution in this country was by firing squad,” he said.

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Idaho victims last photo

Madison Mogen, top left, smiles on the shoulders of her best friend, Kaylee Goncalves, as they pose with Ethan Chapin, Xana Kernodle and two other housemates in Goncalves’ final Instagram post, shared the day before the four students were stabbed to death. (@kayleegoncalves/Instagram)

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He even wrote about a firing squad execution in his book, “The Executioner’s Toll, 2010,” which examined every execution carried out in the U.S. that year.

He did find one move by the defense legally interesting, he said. Courts commonly use two-step proceedings, known as “bifurcated trials,” with a guilt phase and a penalty phase for capital cases to prevent the death penalty from being handed down arbitrarily.

Bryan Kohberger Mugshot

Bryan Kohberger is in the custody of the Ada County Sheriff’s Office, according to online jail records. (Ada County Sheriff’s Office)

“They’re making an interesting argument that the process should be trifurcated, for lack of a better term,” he told Fox News Digital. 

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The defense has essentially proposed three phases, he said — a guilty phase, a new phase to determine the aggravating circumstances and then the penalty phase.

Bryan Christopher Kohberger arrives at Monroe County Courthouse

Bryan Christopher Kohberger arrives at the Monroe County Courthouse in Stroudsburg, Pa., Jan. 3, 2023, before waiving extradition to Idaho to face murder charges in the stabbing deaths of four university students. (The Image Direct for Fox News Digital)

“That would really sort of turn the whole process on its head, because the Supreme Court has said, ‘Hey, bifurcated trials are a fair, less arbitrary way to do this,’” he said.

Under Idaho law, prosecutors had 60 days after Kohberger’s arraignment May 22, 2023, to announce they would seek the death penalty upon conviction if they intended to do so.

Defense attorneys Anne Taylor, Elissa Massoth and Jay Logsdon depart the Latah County Courthouse

Bryan Kohberger’s defense attorneys, from left, Anne Taylor, Elisa Massoth and Jay Logsdon depart the Latah County Courthouse in Moscow, Idaho, June 27, 2023. (Derek Shook for Fox News Digital)

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About a month later, they sent that notice, alleging in court filings that the former criminology Ph.D. student “has exhibited a propensity to commit murder, which will probably constitute a continuing threat to society.”

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Investigators set up outside the home where four University of Idaho students were slain in November last year

Investigators set up outside the home where four University of Idaho students were slain in November 2022 in Moscow, Idaho, Nov. 1, 2023. (Derek Shook for Fox News Digital)

Kohberger is accused of killing Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Ethan Chapin, 20, in a 4 a.m. attack Nov. 13, 2022. All four were staying in a six-bedroom home just steps from the University of Idaho campus.

Two housemates survived the attack, including one who told prosecutors she heard someone crying and saw a masked man leave.

Home with police tape and four vehicles in front

Police search a home in Moscow, Idaho, Nov. 14, 2022, where four University of Idaho students were killed. (Derek Shook for Fox News Digital)

Detectives found a Ka-Bar knife sheath under Mogen’s body, which prosecutors alleged in court filings had Kohberger’s DNA on the snap.

Kohberger was studying for a Ph.D. in criminology at neighboring Washington State University, less than 10 miles from site of the killings. He has a master’s degree in criminal justice from DeSales University in Pennsylvania.

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A judge entered not guilty pleas on his behalf at the arraignment. His trial is expected to begin next year.



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Washington

The Prediction: Washington Huskies @ Penn State Nittany Lions

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The Prediction: Washington Huskies @ Penn State Nittany Lions


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Max Vrooman

Last week I provided the stunning analysis that narrative dictated all of UW’s games which meant they would win at home and I would’ve nailed the final score if USC had kicked one more field goal during their 4 failed trips inside UW territory.

This week the narrative clearly dictates that the Huskies are doomed but I’d like to layer on some serious analysis this time. My city league ultimate team is 6-1 and the #2 seed entering the playoffs which start of Saturday. The only game we lost was during the UW bye week. Otherwise, somehow the schedule has somehow put 6 of the 7 games (including this week) while UW is away from Husky Stadium. That means I can actually go to them but also means that the Huskies are 0-4 playing on a weekend when I have an ultimate game I can go to. Sorry Dawgs.

Oh and I guess I’ll also add that this seems a horrendous matchup for the Huskies even if you ignore the travel and the raucous stadium environment. Penn State has edge rusher Abdul Carter who is a likely top-ten pick and is 2nd in the B1G in pass rush grade per PFF and t-3rd in total QB pressures. I don’t have a lot of confidence in UW’s OL to be able to block him. On the other side, Penn State is a team that basically doesn’t throw to their WRs which negates one of UW’s biggest strengths on defense. I’ll be fascinated to see if Coach Belichick does something dramatic like put Ephesians Prysock on their star TE Tyler Warren who is really the only threat in the passing game.

Penn St 27 – UW 12

Collin O’Meara

In Steve Sarkisian’s first year as Husky HC (2009), the Dawgs took a 3-7 record into the final two weeks of the season, and generated home blowouts vs WSU (30-0) and Cal (42-10). I remember the feeling that something had clicked with that year’s team, that the team had shed its ineptitude of the Willingham years and had been transformed into something entirely different. Fast forward to 2024 and the situation now isn’t even comparable to that era, but again we have a new head coach leading a team that has little in common with the previous year, and that is still reaching for the identity it desires. In the final weeks of this season, I would love nothing more than to see Jedd Fisch’s Huskies signal that it’s all gotten dialed in, with the Dawgs winning some upsets. To be sure, there have been upward trends lately, but there are still crucial things that need fixing: inopportune penalties.. bad kick coverage.. scoring more points.. The Huskies are facing a top-10 Penn State team, in their house, who just suffered a frustrating loss, on fan-gimmick night (don’t get me wrong, I love fan gimmicks). I think the Dawgs will compete, but I also felt good about the Iowa and Indiana games, and those became road blowouts for UW.

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Penn St 27 – UW 20

NCAA Football: Ohio State at Penn State

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Evan Habeeb-Imagn Images

Mark Schafer

It is now week 11, and the Huskies will be walking into a tough one. Not only is this a road game, across time zones, but it’s also a White Out, meaning that a crowd that was going to be tough now may be even more energized. We knew going in that this would be it, and we’ve been dreading it for months, but let me tell you what the Dawgs can do to pull it off!

The first and last thing for the Huskies to do in order to win this game is to minimize mistakes, which might be easier said than done especially since they’re literally walking into a lion’s den on Saturday, with a juiced up crowd in a White Out game. I would establish Jonah Coleman early and often and get him between 20-25 touches to start. Will Rogers can play off of him in the short passing game and set up opportunities deep. Defensively, they need to key in on the option game that Penn State likes to use and be disciplined against misdirection, using Belichick’s proclivity to play man-to-man defense to shut down Penn State’s receivers. Other than that, this is a tough task, and I think, coming off a win last week, they can do just enough to eke out a win, but they have to be perfect.

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UW 24 – Penn St 21

Andrew Berg

Earlier in the season, we spent a lot of time thinking about what UW could do if they could get over certain humps. The team could compete with anybody if they could just… cut down on the penalties, perform better in the red zone, get the ball to Jonah Coleman more often, win up front more often on both sides of the ball, kick and punt better.

Nine games into the season, we might see some minor changes, but for the most part, we know who the Huskies are at this point. They’re going to struggle to block long enough to effectively push the ball downfield. They will put up some yards, but are unlikely to crack 30 points consistently against good defenses. The defense has probably played above its talent level all year, but remains susceptible to power running attacks.

This combination is not a great recipe against Penn St. The Nittany Lions feature a devastating running combination of Kaytron Allen and Nicholas Singleton. While I’m not the biggest believer in Drew Allar, his numbers this year have been surprisingly good, especially when throwing to outstanding TE Tyler Warren. Penn St probably won’t explode for 40 points against the Dawg defense, but I expect them to bully their way to some long drives.

I’m more concerned with how the Huskies will find enough space offensively against a very good defense to keep up through four quarters. The offensive line is suboptimal at its best and banged up beyond that. Quick hitting passes will be the key to moving the ball, especially if Will Rogers can get the ball to the likes of Giles Jackson and Denzel Boston in motion to add some yards after the catch. I think the Huskies have a reasonable chance to keep the game within the spread, but with Penn St’s pace and defense, that doesn’t necessarily mean the game will be “close.”

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Penn St 24 – UW 14

SU: UW 1, Penn St 3

ATS: UW 3, Penn St 1

Average Score: Penn St 25 – UW 18



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Wyoming

Breakfast with Santa event returns to Ford Wyoming Center in December

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Breakfast with Santa event returns to Ford Wyoming Center in December


CASPER, Wyo. — The annual Breakfast with Santa event is returning to Casper for the 2024 season.

The event is sponsored by E&F Towing and Recovery, the Oak View Group, the Casper Children’s Center and State Farm Agent Phillip Rael. It’s scheduled to take place on Saturday, Dec. 14. Tickets are $5 for ages 7 and up and $2 for ages 2–6, according to a release.

The event kicks off at 8:30 a.m., with Santa appearing at 9:30 a.m. A breakfast buffet featuring family-friendly offerings starts at 9.

Santa will be available for visits and photos, which will be downloadable from the Ford Wyoming Center’s Facebook page for five days after the event, the release said.

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Along with breakfast and Santa, the event features coloring stations, crafting activities, letter-writing stations and cookie decorating.

Tickets can be purchased at the Ford Wyoming Center’s website, by visiting the Sinclair Box Office or by calling 307-577-0303.

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San Francisco, CA

Bun Mee: A Vietnamese Sandwich Shop Primed To Move Beyond San Francisco

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Bun Mee: A Vietnamese Sandwich Shop Primed To Move Beyond San Francisco


Some consumers are looking for alternatives to the steady diet of burger, pizza and tacos that dominate the U.S. restaurant landscape. Denise Tran, a San Francisco restaurateur, has an answer for them. She operates 5 San Francisco-based Vietnamese sandwich shops, Bun Mee, specializing in bahn mi (more about that later) and is looking to franchise outside of California.

“How did the taco get exposure and become part of the American mainstream? So why not bahn mi? And why not now?” Tran wonders.

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Bun Mee debuted in San Francisco in 2011 when Tran spent its first three years educating its guests what exactly banh mi was. When it opened, the only places one could find banh mi sandwiches in San Francisco were in Chinatown or Little Saigon but hardly anywhere else, she suggests.

She named it Bun Mee because most people mispronounced it and she liked the pun, since it explains how to pronounce the name phonetically. Tran was raised in New Orleans, lived in New York City before moving to San Francisco.

Bun Mee has expanded to two restaurants, in Pacific Heights and the financial district, two in airport terminals, and just opened its fifth in the Marina district. She says the airport locations generated $4.3 million and $3.6 million last year, and the other two, $1.7 million and $1 million.

She’s starting franchising now because “We’re the healthiest we’re ever been financially in terms of profitability and top-line sales. And we spent time working on our internal processes.”

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A San Francisco Vietnamese sandwich shop has grown to 5 locations and is testing franchising to expand.

She recognizes there are risks in franchising, namely, “losing quality, not having consistency, people doing their own things and location risk.” But she’s pursuing franchisees who are experienced rather than just those “who have the money.”

Bahn mi sandwiches are served on French baguettes, a tradition that the French brought to Vietnam in the 19th century. Vietnamese bakers gradually transformed the baguette into a “lighter, crisper bread that’s ideal for bahn mi,” she explains.

They’re Different from Tuna and Chicken Salad

Some of the most popular sandwiches served as Bun Mee include five spice chicken, lemongrass pork, lemongrass tofu and its sloppy bun, a take on the sloppy joe sandwich but made with lemongrass curry.

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How Bahn Mi Sandwiches Differ from Subs

Compared to typical submarine sandwiches served in the U.S., bahn mi combines Southeast Asian flavors with French bread and features Vietnamese ingredients such as pickled vegetables, fresh cilantro, pate and distinctive sauces.

Indeed its bahn mi sandwiches differ from the American sliced deli sandwiches because “We marinate, braise and sous vide our proteins. Our lemongrass pork is bursting with flavor and married with fresh lemongrass, garlic and spices,” Tran notes.

When Tran launched her first Bun Mee, she capitalized it mostly with her own funds supplemented with a few friends and family investors. Indeed she currently owns 80% of the business.

Techies Are Attracted to Its Bahn Mi Sandwiches

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She compares the target audience to that of Starbucks as “educated techies ranging from 25-55 who value high quality food and well-traveled professionals who are foodies.” Most of its clientele is white with only 10% Asian.

Expanding bahn mi to a more national chain is one of her goals. She notes that the “sandwich category is one of the largest in fast casual and it’s a shame currently to not have an Asian option as part of the discussion.”

Customer reaction on Yelp to dining at Bun Mee was mostly positive with certain exceptions. For example, Jonathan from Montclair, N.J praised the food as being “tasty, well-made and a pleasure to eat.” But he described it as “Americanized Vietnamese food.”

Emily from San Francisco enjoyed her “lemongrass pork rice bowl with garlic rice and a side of bone broth. Everything was super flavorful and tasted fresh, and the prices were very reasonable.”

In terms of franchising, Tran is targeting Denver since it’s a tech hub and a growing city, with a demographic similar to its San Francisco clientele. But she’s open to other locations out West that she can reach quickly.

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In 2025, her goal is to open 5 new franchised locations in its first year. She says keys to its success include: 1) Having the right executive team in place, 2) Executing on its plans, 3) Choosing quality franchisees in the initial round.

Tran also sees the growth of Bun Mee as a symbolic Vietnamese success story, counteracting much of the recent anti-immigrant backlash. “I understand now that Bun Mee means more to my community than just Vietnamese sandwiches. In light of the division and rhetoric that divides us currently, it makes me feel honored to bring people together via food,” she asserts.



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