West
Idaho prosecutors reject Bryan Kohberger's many attacks on search warrants
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.
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.
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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.
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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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.”
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)
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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.
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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Denver, CO
Who are the Top 5 offensive linemen in Denver Broncos history?
There have been many great offensive linemen in Denver Broncos history, so this list is likely going to vary greatly from person to person. In fact, my take might be a little too bold, but I’m sticking with it.
At the top spot, I think Garett Bolles has earned it. Since coming into the league as a first-round pick in 2017, he has grinded through one of the worst periods in Broncos’ history and grown from beleaguered oft-penalized first-round bust into a perennial All-Pro caliber left tackle. Even more, he has stayed a Bronco through his entire career. The rest of my list speaks for itself and is a throwback to Super Bowl greatness.
Here’s where our Mile High Report staff landed on the top five for offensive line:
Scotty Payne: Tom Nalen was the leader of Mike Shanahan’s offensive line, Ryan Clady was a top LT on a Hall of Fame career before injury and Stink was a key member of the Broncos Super Bowl winning OL back in the 90s. I included Bolles and Meinerz since both will be on this list once their successful careers are over with.
Chris Hart: This position group was one of the toughest to come up with a top five. Denver has an incredible history of top-tier offensive lineman. There are several players I left off who were certainly deserving. I posted Tom Nalen as my top guy because he was a stalwart at the pivot for many years for the franchise. We all know what Gary Zimmerman and Mark Schlereth provided on the field and they are both Super Bowl champions. The last two spots go to two recent Broncos, left tackles Garret Bolles and Ryan Clady. Bolles, a decade into his career, continues to play at a high level and Clady was a fantastic blindside protector whose career ended earlier than it should due to injury.
Ian St. Clair: For the first time in Elway’s career, he had a blind-side protector. And Zimmerman is one of the best to ever do it. Same for Nalen, who should be in the HOF. Clady was special. Bishop was the first Broncos offensive lineman in franchise history to get a Pro Bowl invite and provided one of the best in-game quotes ever when he said in Denver’s endzone at old Cleveland Stadium before hiking the ball at the 2-yard line in what would become The Drive, “We got ‘em right right where want ‘em.” And Schlereth helped lock down the left side of the line that was one of the best in league history.
Sadaraine: The top 3 are largely indisputable, other than maybe swapping Schlereth and Zimmerman. Ken Lanier started 178 consecutive games, which is nuts for an OT, and appeared in 3 Super Bowls. Garret Bolles has crafted himself into an all-time great at tackle and may move up the list.
Ross Allen: The Hall-of-Famer Gary Zimmerman was everything you could ever ask for in a left tackle and was a huge reason why John Elway and that 1997 team was so dominant. Schlereth also gets his credit as he was a massive contributor to Denver’s Super Bowl successes. There’s a strong case for Tom Nalen deserving a spot in the Hall of Fame too. And for the past two years I’ve become a huge spouter of Bolles being destined for the Ring of Fame. He’s an incredible talent as has been the cornerstone of this team for a while now. I just hope he gets his Super Bowl.
Joe Mahoney: Top 3 are a no-brainer. Bolles will finish his career with more starts on the OL than any other Bronco. The man he will pass is Ken Lanier. Since stats from Lanier’s era don’t exist we only have starts to go off, but Lanier was an iron man. He started 167 NFL games and 165 were for the Broncos.
There is a bit of variation here, but a general consensus of who should be in the Top 5. I loved the throwback to Keith Bishop who was a big part of the John Elway fourth quarter magic back in the day.
Who gets into your top five offensive lineman list?
Seattle, WA
Seattle’s Lake Union to light up with big July 4 fireworks show for America’s 250th
SEATTLE — Fireworks are set to light up the sky above Lake Union on Saturday night as Seattle marks America’s 250th birthday on the Fourth of July.
Crews are preparing more than 7,000 pounds of fireworks for the Seafair show over the water, with hundreds of thousands of spectators expected at Gas Works and Lake Union parks.
This year’s festivities come as visitors from around the globe are in Seattle ahead of another World Cup match featuring Team USA on Monday.
One major change for this year’s celebration is that Gas Works Park will be gated off and will require tickets for entry. Seafair organizers say the new system is intended to help manage the expected increased capacity and keep spectators safe.
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Planned activities during the day on Saturday include an interactive Seafair coloring wall and all-American games, where people can compete in a pie-eating contest, sack races, and a water balloon toss. Musical performances are scheduled to start at 5 p.m.
Free parking is available in the surrounding Gas Works Park neighborhood, but finding a spot is expected to be difficult. Organizers are urging people to give themselves extra time and consider rideshare, carpooling, or public transportation.
Fireworks sales and setting off fireworks are illegal in many areas of western Washington, making large public shows a safer option for many people.
Spectators at Gas Works Park will notice some changes this year. The city recently removed ladders, catwalks, and platforms from the structures there after the death of a 14-year-old last summer.
The teen’s family said the city failed to address dangerous conditions around the park’s towers despite years of warnings and several injuries.
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The Lake Union fireworks are expected to start at roughly 10:15 p.m. Saturday.
San Diego, CA
New training program grants tribal members access to reservation land during emergencies
When emergencies such as wildfires, floods and rockslides caused road closures on Native American reservations in San Diego County, tribal personnel — including law enforcement, firefighters and elected leadership — couldn’t access their own land to help their community.
This week, that changed.
The Rincon Band of Luiseño Indians, a tribe with a 5,000-acre reservation in Valley Center, partnered with the Sheriff’s Office, the county of San Diego, the county’s Office of Emergency Services and the Southern California Tribal Chairmen’s Association to launch a first-of-its-kind program Tuesday.
Rincon Tribe Chairman Steve Stallings said the idea for an Emergency Tribal Access Pass Training has been in the works for 20 years, following the East County fires.
The three-hour-long training offers authorized tribal personnel instruction on emergency access procedures, incident command, wildfire safety and first responder coordination. With these passes, they are verified at emergency checkpoints for entry. All tribes in the county can take part in the training.
The pass does not grant entry under all circumstances; whichever agency has top authority at emergency scenes will ultimately determine if it’s safe enough for tribal personnel to enter.
While Stallings said there hasn’t been a recent emergency in which tribal members have been denied access to enter their land, he said this is a solution for the future, when tribal personnel need access to help their people and protect government operations and infrastructure on the reservation.
It benefits all groups involved when everyone is on the same page during an emergency, he said.
“If we’re not part of the process, then our team of specialists and urgent personnel are operating independently of other local law enforcement when what you want is everyone coordinated in that,” Stallings said.
Sheriff Kelly Martinez said this has “been a long time coming” during her opening remarks at the inaugural training on Tuesday at the Rincon Government Center.
“It’s been long overdue that we allow you access to your critical infrastructure,” Martinez said. “I’m happy to support it.”
There are 18 Native American reservations in San Diego County — more than any other county in the United States.
Martinez said there were representatives from 16 of the 18 tribes, totaling about 260 people, in attendance at the Tuesday training.
That day, 143 access passes were distributed to authorized tribal representatives who had completed the required application ahead of the training. The other participants at the training will receive their passes once their applications have been finalized, according to a Rincon Band representative.
“This is a game changer,” said Rincon Fire Chief Chip Duncan. “When we can’t get on the reservation, we can’t provide service.”
Stallings said the hope is for the training to eventually move online, so people can take the course more quickly.
“We know that this is a change for the better — puts us on equal footing,” Stallings said.
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