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Idaho prosecutors reject Bryan Kohberger's many attacks on search warrants

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Idaho prosecutors reject Bryan Kohberger's many attacks on search warrants

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Idaho prosecutors have rejected a flurry of Bryan Kohberger’s motions to attack search warrants executed in connection with his arrest in the slaying of four college students, dissecting the defense’s claims and telling the judge that there was “substantial probable cause” to seize evidence from his parents’ home, his car, his devices and other places.

Latah County prosecuting attorney Bill Thompson wrote in part of the nine objections to Kohberger’s defense efforts that the warrants in question were “based on substantial probable cause.” Much of the specifics remain under seal, but prosecutors are asking the judge to reject the defense motions and allow the warrants to stand.

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Last month, the defense asked Judge Steven Hippler to suppress DNA evidence, searches on Kohberger’s devices and digital accounts, his car, his person and his parent’s house. 

TED BUNDY LAWER REVEALS WHAT ‘TOTALLY FASCINATES’ HIM ABOUT BRYAN KOHBERGER CASE

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)

Kohberger is facing four first-degree murder charges and a felony burglary charge in connection with the early morning massacre of four University of Idaho students around 4 a.m. on Nov. 13, 2022.

Prosecutors allege he snuck into a house near the University of Idaho campus – as some of them were asleep – and killed them with a large knife. A surviving housemate told detectives she saw a masked man with “bushy eyebrows” after overhearing crying and sounds of a struggle. 

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The victims were Madison Mogen and Kaylee Goncalves, both 21, their housemate Xana Kernodle, 20, and her boyfriend Ethan Chapin, also 20.

idaho students final 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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Kohberger, a criminology Ph.D. student at the nearby Washington State University, was arrested weeks later at his parents’ house in Pennsylvania’s Pocono Mountains. 

Police found a Ka-Bar knife sheath under Mogen’s body that prosecutors say contained Kohberger’s DNA. Kohberger drove a white Hyundai Elantra, the same type of car investigators identified as the suspect vehicle, and allegedly turned his phone off before heading to and from the crime scene, according to the affidavit. Police, citing phone records, also alleged that he stalked the victims’ home on a dozen occasions before the murders and drove by once more hours after. 

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IDAHO JUDGE GIVES BRYAN KOHBERGER WIN OVER GENETIC GENEALOGY BATTLE

A judge entered not guilty pleas on Kohberger’s behalf at his arraignment in May 2023.

Prosecution’s objection to the defendant’s motion to suppress

The defense team, led by Anne Taylor, Jay Logsdon and Elisa Massoth, is seeking a Franks hearing, where they hope to have the warrants thrown out. They previously told the court they “firmly” believe their client is innocent.

Such hearings are rarely granted and even more rarely successful, experts tell Fox News Digital.

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“I’ve practiced law now for 52 years, and tried, actually taken to trial, to verdict, over 300 cases, and I think in my entire career, I’ve had judges grant Franks hearings three times,” said John Henry Browne, the Seattle-based defense attorney whose past clients have included the serial killer Ted Bundy. “I think two of them resulted in nothing. And the third one did result in the judge eventually throwing out the charges. But these hearings can be very productive. They can be very helpful to the defense from the standpoint of discovery.”

Kohberger Defense arrives at court

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

BRYAN KOHBERGER CAN FACE DEATH PENALTY IF CONVICTED IN IDAHO COLLEGE SLAYINGS

If Kohberger can prove that investigators willfully disregarded or misrepresented the truth in their warrant affidavits, that information can be thrown out of the warrants, he told Fox News Digital. On the other hand, however, even if that long-shot effort is successful, the judge will weigh whether there is enough probable cause remaining in the warrant and could find it is still valid.

Hippler previously told Kohberger’s team to re-file the motion for a Franks hearing, telling his lawyers that it was unacceptable to send him 2,000 pages of exhibits without identifying which parts were relevant to their arguments. 

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Bill Thompson listens in an Idaho courtroom

Latah County Prosecutor Bill Thompson speaks with Wendy Olson, left, and Cory Carone during a motion hearing regarding a gag order for a case against Bryan Kohberger in Latah County District Court, Friday, June 9, 2023, in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in November 2022. (Zach Wilkinson/Moscow-Pullman Daily News via AP, Pool)

A closed-door hearing was held on Dec. 11. Kohberger is due back in court on Jan. 23.

He is being held without bail and could face the death penalty if convicted. The trial is scheduled to begin next year.



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Alaska

Riding the rails with Santa on the Alaska Railroad Holiday Train

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Riding the rails with Santa on the Alaska Railroad Holiday Train


ANCHORAGE, Alaska (KTUU) – It’s not the Polar Express, exactly, but families rode a train with Santa and his elves for a festive family event.

The Holiday Train is one of several event-oriented train rides hosted by Alaska Railroads. The train made three holiday runs in the month of December, this Saturday was it’s last. Tickets to ride were completely sold out for both the afternoon and evening ride.

Passengers sang carols and shared snacks on the two and a half hour ride, but one special passenger aboard the train was a real Christmas celebrity. Santa Claus accompanied riders on their trip as they enjoyed entertainment by a magician, and left the train with holiday-themed balloon animals.

The train pulled into the Anchorage depot after it’s tour, each end of the locomotive decorated in holiday lights.

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The Johnsons, a family of four who just disembarked from the train, said 2024 was their second year on the holiday train. Addie, 9, said there was a lot of entertainment and she hopes to eventually come again. Her younger brother Liam said he got to meet Santa while riding, and would like a toy truck for Christmas.

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Arizona

Arizona ‘villain’ Charles Smith arrested after filming himself spray bug killer pesticide on food inside Walmart

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Arizona ‘villain’ Charles Smith arrested after filming himself spray bug killer pesticide on food inside Walmart


A self-described Arizona social media “villain” was arrested after he filmed himself allegedly spraying bed bug killer on groceries inside a Walmart as he boasted to police about his prank videos.

Charles Smith, 27, is accused of grabbing a can of Hot Shot Ultra Bed Bug and Flea Killer and unleashing the pesticide on a series of perishable items in the Mesa, Ariz. megastore around 8:30 p.m. on Dec. 19.

In the now-deleted video, the influencer filmed himself wearing a black hoodie and pink bandana while spraying the toxin on bananas, acorn squash, potatoes, lemons, green apples and Roma tomatoes at the store — located in a neighborhood southeast of Phoenix.

Charles Smith was accused of spraying a bed bug killer on groceries inside a Walmart. ImTheMainCharacter/Reddit

Police claim the TikTokker, who goes by the username WolfieKahletti, intentionally went to the store to film pranks for his channel.

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Smith identifies as an online “troll,” according to court documents viewed by Az Family. He has more than 300,000 followers on TikTok.

The troublemaker allegedly told police that he makes between $6,000 – $10,000 per month filming his provocative prank videos.

”I think social media has got people doing crazy things out here,” Walmart shopper Xavier Griego told the outlet. “It’s unfortunate that somebody would mess up their whole life, potentially, for something on social media for views.”

Smith voluntarily turned himself over to police on Dec. 21.

The prankster reportedly posted the video on his TikTok page with over 300K followers. ImTheMainCharacter/Reddit
Walmart claimed it removed the contaminated items and cleaned the areas that were hit. ImTheMainCharacter/Reddit

He faces charges of introducing poison (a felony) as well as three misdemeanors that include criminal damage, endangerment and theft.

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A spokesperson from Walmart told AZ Family that store employees removed the directly impacted products and cleaned the affected areas of the store.

It’s not clear if any customers were injured from eating the contaminated items.

Smith voluntarily turned himself over to the police on Dec. 21. ImTheMainCharacter/Reddit

“This incident underscores the potential dangers of reckless actions disguised as social media pranks,” the Mesa Police Department said in a statement. 

Other videos posted online by Smith include the posts of him seemingly mixing in bacon and eggs in a stranger’s load at the laundromat as well as locking people inside a different grocery store.

Smith is charged with a felony and three misdemeanors. ImTheMainCharacter/Reddit

The spray is “harmful if swallowed” and “prolonged or frequently repeated skin contact may cause allergic reactions in some individuals” per HotShot’s website. 

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Suspects convicted of tampering with consumer products face up to 5 to 20 years in prison.

In 2022, an Arizona man was sentenced to 10 years of probation after being convicted of adding harmful chemicals to food at several retail stores in the Phoenix area.

David Lohr was ordered to pay restitution to a grocery chain for $390.42 and ordered to participate in a mental health evaluation and any additional recommended treatment.

There were no reported injuries or illnesses associated with the tampered items during the 2018 stunt, prosecutors said.

Lohr was accused of tampering with products at stores in California one year later and sentenced to a 51-month prison term followed by three years of supervised release with mental health services.

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California

California man beheaded his 1-year-old son with a knife, authorities say

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California man beheaded his 1-year-old son with a knife, authorities say


SACRAMENTO, Calif. — A man has been arrested on suspicion of beheading his 1-year-old son, Northern California authorities said.

The Sacramento County Sheriff’s Office said in a statement Friday that deputies responding to an early morning family disturbance call found a woman outside a home who told deputies that her husband Andrey Demskiy, 28, assaulted her and her mother.

Deputies forced their way into the house in northern Sacramento County when they learned Demskiy was inside with the boy. As they took him into custody, they found a “severed child’s head” in the bedroom where Demskiy was detained.

Detectives said Demskiy used a knife to behead his son after his wife and mother-in-law left the house, according to the statement. He was in custody and ineligible for bail, and was scheduled to appear in court Tuesday.

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The sheriff’s department and the county public defenders office did not respond to emails seeking information on whether Demskiy had an attorney who could speak on his behalf.



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