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.

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.

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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.”

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.

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)

“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.

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)

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.

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.

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.

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.”

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 19^th 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.

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

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.

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.

The Chicago Cubs have been rumored to be searching for starting pitching this offseason.

On the surface, that seems a little head-scratching to be a top priority of the front office considering their signing of Shota Imanaga last winter was a major hit and that unit finished with the sixth-best ERA in the MLB.

But, teams can never have too much starting pitching, especially when there are plenty of unproven arms on the Cubs’ roster.

Chicago doesn’t seem to be in the running for one of the high-profile pitchers in this cycle despite repeated rumors that connects them to certain players.

So how might they get something of note done?

They could pull off a trade with the Seattle Mariners who have a surplus of arms.

According to Bruce Levine of 670 the Score, the executives of these two teams, Jed Hoyer and Jerry DiPoto, were having some conversations at the GM Meetings that took place in San Antonio.

“The pitching-rich Mariners may be a trade match and could be interested in the talented young infielders coming through the Cubs’ system such as Matt Shaw and James Triantos. Hoyer was seen talking with Mariners president of baseball operations Jerry DiPoto on Wednesday after the sessions at the GM Meetings had broken off for the morning,” he said.

That is certainly interesting.

It was already shared here at Chicago Cubs On SI that another one of the Cubs’ top prospects, Owen Caissie, was a name generating trade buzz from other teams around the league, and based on the number of top prospects this organization currently has in their pipeline, they could look to move a few to land an established Major Leaguer this offseason.

But who might they target if they were to make a deal with the Mariners?

Seattle has four very solid young starters who could all become huge pieces of Chicago’s rotation going forward in George Kirby, Logan Gilbert, Bryce Miller and Brandon Woo.

Out of that group, Gilbert could be the one most likely moved.

He was subject to some trade rumors this past cycle as the Mariners were looking for offensive upgrades, but after making his first All-Star Game and leading the American League in innings pitched this past season, that could change their plans.

But Kirby projects to be Seattle’s future ace, and the Cubs might not interested in Woo at this point based on some early injury concerns, so that could leave Gilbert being the player this package would be centered around.

This will certainly be something to monitor this winter as Hoyer looks to bolster Chicago’s roster.