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

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“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 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.

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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.

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.”

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)

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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.

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.

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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.

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



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West

Idaho education funding restored after ‘rooting out DEI,’ State Department reveals

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Idaho education funding restored after ‘rooting out DEI,’ State Department reveals

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The Idaho Department of Education announced that federal funding has been restored to its community schools after previously being accused of pushing diversity, equity, and inclusion (DEI).

A statement from the Idaho department revealed that nearly $30 million had been frozen from a federal grant that was previously awarded to the United Way of Treasure Valley in 2023. The grant was intended to run through 2028 and provide funding to 65 schools.

The United Way of Treasure Valley was originally told last month that the federal government would be ending the grant early, citing concerns about language in the original document. This led to U.S. Sens. Mike Crapo, R-Idaho, and Jim Risch, R-Idaho, writing a letter to the U.S. Department of Education on behalf of United Way of Treasure Valley for an appeal to the decision.

UNIVERSITY PRESIDENTS ADMIT COLLEGES ‘LOST THEIR MISSION’ AS TRUMP PUSHES EDUCATION OVERHAUL

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The Idaho Department of Education announced that nearly $30 million was restored to a federal grant. (Getty Images)

Although the appeal was initially rejected, the Idaho Department of Education announced that the federal government has since reversed course.

“Idaho has long been a leader in rooting out DEI in our education system,” Idaho Gov. Brad Little said in a statement. “I was pleased to learn the U.S. Department of Education restored Idaho’s grant funding after recognizing the work we have done to eliminate DEI in our programs. The decision confirms these funds were not being used to promote DEI initiatives.”

DEPARTMENT OF EDUCATION LAUNCHES ‘ENDDEI’ PORTAL FOR PARENTS, STUDENTS, TEACHERS TO REPORT DISCRIMINATION

In a separate statement, Idaho Superintendent of Public Instruction Debbie Critchfield applauded the United Way of Treasure Valley for its continued advocacy and the U.S. Department of Education for its continued support.

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Idaho Gov. Brad Little supported the decision in a statement to the Idaho Department of Education. (Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images)

“This decision affirms that Community Schools are both effective and fully aligned with federal and state law, and that they reflect the values Idaho families care about most—strong schools and strong families,” Critchfield said. “I’m grateful to the U.S. Department of Education for engaging in a thorough review and for continuing to support this essential program.”

THREE MORE STATES JOIN TREND OF PASSING UNIVERSAL SCHOOL CHOICE

When reached for comment by Fox News Digital, a representative for the U.S. Department of Education said, “We can confirm that the Department reinstated Idaho’s grant after they removed illegal and harmful DEI from their application that had been approved under the Biden Administration. This is a direct result of the Trump Administration evaluating every taxpayer dollar that is going out the door from ED. We are ensuring dollars are spent on meaningful learning, not divisive ideologies.”

While eliminating DEI in education has been a priority of the Trump administration, Idaho has pushed back on diversity programs in education prior to President Donald Trump taking office.

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The Idaho Board of Education previously agreed on a resolution to bar universities from having DEI programs. (Derek Shook for Fox News Digital)

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In December 2024, the Idaho Board of Education unanimously agreed on a resolution that Idaho universities cannot “require specific structures or activities related to DEI.”

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San Francisco, CA

San Francisco supervisors call for hearing into PG&E’s massive blackout

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San Francisco supervisors call for hearing into PG&E’s massive blackout


San Francisco supervisors are calling for a hearing by the board into the massive power outage in the city last month. 

Calls for a hearing 

What we know:

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Supervisor Alan Wong and other lawmakers say residents deserve answers about the outage on December 20, which, at its height, affected about a third of the city. 

Wong added that the credits offered by Pacific Gas and Electric are insufficient to cover lost food, wages and many other disruptions. The utility has offered customers and businesses impacted by the Dec. 20 blackout $200 and $2,500 respectively. 

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Wong in a statement said power was gradually restored during the initial outage, but that periodic outages continued for several days and that full restoration was achieved on Dec. 23. 

“This was not a minor inconvenience,” said Sup. Wong. “Families lost heat in the middle of winter. Seniors were stranded in their homes. One of my constituents, a 95-year-old man who relies on a ventilator, had to be rushed to the hospital at 2 a.m. People watched their phones die, worried they would lose their only connection to 911.”

Wong’s office had sent the utility a letter after previous outages on Dec. 7 and Dec. 10, regarding the utility’s lack of reliability. The letter called the frequency of the outages unacceptable. 

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PG&E agreed with Wong’s office’s characterization of service specific to the Sunset District and met with the supervisor.  

Despite this development, the root cause of the outage on Dec. 20, that impacted some 130,000 residents citywide, was due to a substation fire near Mission and 8th streets. That fire remains under investigation. 

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Wong thanked fellow supervisors Bilal Mahmood, Connie Chan, Stephen Sherrill, Danny Sauter, and Myrna Melgar for co-sponsoring his request. The boardmembers have asked board President Rafael Mandelman to refer their request to the appropriate committee. 

Wong is separately submitting a letter of inquiry to the SF Public Utilities Commission requesting an analysis of cost and implementation of what it would take for San Francisco to have its own publicly-owned electrical grid. 

The other side:

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A PG&E spokesperson addressed the board on Tuesday, asking for the hearing to be scheduled after they get results of an independent investigation. 

“We have hired an independent investigator company named Exponent to conduct a root-cause investigation. We are pushing for it to be completed as soon as possible with preliminary results by February which we will share with the city,” said Sarah Yoell with PG&E government affairs. “We are proud of our ongoing investments to serve San Francisco.” 

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Yoell assured the utility would be transparent with whatever they find. 

PG&E added that they have met all state requirements and that they have a current Safety Certificate approved by OEIS (Office of Energy Infrastructure Safety). 

Loss of inventory

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Abdul Alomari, co-owner of Ember Grill in the Tenderloin, said his business lost electricity during the massive outage. 

“It’s not just me. Across the street, all these restaurants here, nearby businesses. It hurst a lot of people. I’m just one small voice from so many people here that got hurt,” said Alomari. 

He plans to attend the PG&E hearing and said Tenderloin merchants already have a tough time. 

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“Less people come here, the Tenderloin, Every single bit of help helps. It doesn’t help that every three months we get a power outage for four hours and we lose business,” said Alomari.

He said compensation from PG&E alone is not the answer. He wants reliability and stability. 

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“That’s only short time if we have things like this happen all the time, eventually it’ll off set what we get,” Alomari said. 

The Source: PG&E statement, interviews with the supervisors, interview with a restaurant owner and original reporting by Amber Lee. 

PG&ESan FranciscoNews
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Denver, CO

Sandwich shop owed more than $40,000 in taxes before seizure, city says

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Sandwich shop owed more than ,000 in taxes before seizure, city says


Long-running Denver lunch spot Mr. Lucky’s Sandwiches, which closed in December after Denver’s Department of Finance seized its two locations, owes more than $40,000 in unpaid taxes, according to the city agency. Galen Juracek, who owns the shops in Capitol Hill and the Highland neighborhood, specifically owes $40,556.11.

Multiple notices posted to the door of Mr. Lucky’s Capitol Hill location showed that the city demanded payment for the back taxes starting in July. But the city’s “distraint warrant” — a legal notice that a business owner owes a specific amount, and that the business could be seized if they don’t pay it — notes the shops, at 711 E. 6th Ave. and 3326 Tejon St., were forced to close on Tuesday, Dec. 23.

Mr. Lucky’s had already decided it would close its two locations by the end of 2025, said Laura Swartz, communications director for the Department of Finance. But the city’s seizure of the business shows that it had not been keeping up on basic requirements, with a $39,956 bill for unpaid sales taxes and $600.11 in “occupational privilege” taxes, which fund local services and allow a business to operate within a specific area.

“When businesses charge customers sales tax but then do not submit that sales tax to the city, the city is responsible for becoming involved,” she said in an email to The Denver Post

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Juracek did not respond to multiple phone calls from The Denver Post requesting comment. His business, which is described on its website as a “go-to spot for handcrafted sandwiches since 1999, roasting our meats in-house and making every bite unforgettable,” is listed on the documents as G&J Concepts.



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