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Idaho prosecutors reject student murders suspect's longshot bid to have death penalty taken off table

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Idaho prosecutors reject student murders suspect's longshot bid to have death penalty taken off table

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Idaho prosecutors have asked a judge to reject arguments from Bryan Kohberger’s defense team against the possibility of the death penalty in his quadruple murder trial – and to shut down his request to have an outside expert testify on constitutional issues surrounding the quest for capital punishment.

Kohberger’s defense, led by Anne Taylor and Elisa Massoth, made numerous requests outside the boundaries of established precedent, prosecutors wrote in a series of filings made public over the past week.

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The 29-year-old’s lawyers also argued that the state has “no viable method” to conduct executions and that there has not been enough time to adequately prepare the case against him.

“The thrust of Defendant’s argument is that the applicable aggravating factors in a capital case must be presented to a grand jury,” wrote Special Assistant Attorney General Jeff Nye and Latah County Prosecuting Attorney Bill Thompson. “His argument is squarely foreclosed by binding Idaho Supreme Court precedent.”

ACCUSED IDAHO COLLEGE KILLER BRYAN KOHBERGER’S TRIAL DATE PUSHED BACK

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)

They wrote that they met their own legal obligations by including a probable cause affidavit in the superseding indictment and by notifying the defense that the state planned to seek the death penalty within 60 days of his arraignment, when a judge entered not guilty pleas to all charges on his behalf.

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Under the law, they added, they were not required to include additional probable cause for each “aggravating circumstance” that led them to seek capital punishment.

They also rejected Kohberger’s claim under the Eighth Amendment that the death penalty could be cruel or unusual punishment if prosecutors seek it without consulting a “neutral fact finder.”

In a separate filing, Thompson also asked the judge to reject the defense request for expert testimony against the death penalty option.

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)

“It is now well-established in Idaho that ‘testimony containing conclusions of law by an expert witness is generally inadmissible,’” Thompson wrote in court filings, citing the ruling in Ybarra v. Bedke. “As the Idaho Supreme Court has explained, ‘when an expert witness offers a legal conclusion it invades the province of the court to determine the applicable law.’”

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BRYAN KOHBERGER’S DEFENSE TEAM OPPOSES DEATH PENALTY

Last month, the defense attacked the possibility of the death penalty on numerous grounds, ranging from “contemporary standards of decency” to an alleged violation of international law. 

They claimed Idaho’s two legal methods of execution – lethal injection and firing squad – violate both the Eighth and 14th Amendments, and they asserted that the firing squad “was never constitutional.”

Bryan Kohberger’s defense attorneys Anne Taylor, left, Elissa Massoth, center, 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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After Idaho reinstated the firing squad last year, one of the nation’s leading experts on capital punishment, Fordham Law School Professor Deborah Denno, told Fox News Digital the method is far more humane than lethal injections, which have been badly botched in recent years.

“The firing squad is the quickest, surest and most error-free and the only technique for which we have skilled and trained professionals,” she said at the time.

In fact, she added, if death row inmates were given a choice, she said she believed most would ask for a bullet rather than an injection.

Police search a home in Moscow, Idaho on Monday, Nov. 14, 2022 where four University of Idaho students were killed over the weekend in a quadruple homicide. The victims are Ethan Chapin, 20, of Conway, Washington; Madison Mogen, 21, of Coeur d’Alene, Idaho; Xana Kernodle, 20, of Avondale, Idaho; and Kaylee GonCalves, 21, of Rathdrum, Idaho. (Derek Shook for Fox News Digital)

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Investigators said cellphone pings placed Kohberger near the house the day of the murders, and they tracked his car throughout the area. However, defense lawyers have argued that he was nowhere near the house where the killings happened and was instead driving around cold mountain roads in the dark, because he liked to “see the moon and stars.”

Kohberger was studying at Washington State University in Pullman, Washington, at the time of the murders. The school is just a 10-mile drive across the state line from the crime scene, steps off campus at the University of Idaho in Moscow, Idaho.

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

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A 4 a.m. home invasion stabbing left four undergrads dead on Nov. 13, 2022 – Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20.

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Police found a Ka-Bar knife sheath under Mogen’s body that allegedly had Kohberger’s DNA on the snap.

Kohberger faces four charges of first-degree murder and a count of felony burglary.

A hearing on the death penalty issue was scheduled for Nov. 7.

Kohberger’s defense successfully argued for a change of venue earlier this year, taking the case from Latah County, where he had been incarcerated since January 2023, to Ada County, where he is expected to go to trial next year.

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Fox News’ Audrey Conklin and Greg Wehner contributed to this report.



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San Francisco, CA

Celebrated San Francisco historic landmark, the Huntington Hotel officially reopens

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Celebrated San Francisco historic landmark, the Huntington Hotel officially reopens


SAN FRANCISCO (KGO) — First opened as apartments in 1922 and converted into a hotel two years later, the Huntington was once a playground for socialites and Hollywood stars.

It shut its doors in 2020 due to the COVID-19 pandemic and remained shuttered until this week, following new owners and a million-dollar, top-to-bottom renovation.

A ribbon-cutting ceremony was held for The Huntington Hotel in San Francisco’s Nob Hill neighborhood Monday.

The hotel officially reopened on Sunday.

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Mayor Daniel Lurie attended the celebration for the hotel on California Street.

“This is another sign that San Francisco is on the rise, when you have major institutions and major hotels reopening,” Lurie said. “We’re seeing it in Union Square. We’re seeing it now up here on Nob Hill. This is an exciting moment for San Francisco.”

What doom loop? Downtown San Francisco showing signs of economic rebound, experts say

The hotel, known for its iconic sign, will be restoring the landmark sign to its former glory.

Many say it’s a symbol of what’s going on in San Francisco.

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MORE: Nordstrom making return to San Francisco with new concept, mixed reactions

“It came to symbolize San Francisco’s decline during COVID when it shut and it now, I think, symbolizes San Francisco’s rebirth,” said Greg Flynn, Flynn Group Founder, Chairman, and CEO. “It’s sort of the perfect symbol of it because it’s coming back better than it ever was.”

Alex Bastian, President and CEO of the Hotel Council of San Francisco, said hotel occupancy rates are up in 2024.

“Our data team crunched the numbers, and the four-week rolling hotel occupancy rate for San Francisco Bay Area hotels is 55.1 percent as of January 17 of this year. Compare that to January 17 of 2021, during the pandemi,c when it was 13.1 percent.”

Of course, the Super Bowl helped.

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Here’s what Super Bowl LX visitors are saying about San Francisco

“There’s no marketing campaign better than what we achieved as San Franciscans,” Bastian said. “The mayor and his team really elevated the game. They did an incredible job. We are so fortunate, as a city, because so many came here and they left their hearts here in San Francisco.”

Eyewitness News wasn’t allowed to gather video of the hotel’s features, but the hotel provided renderings of a sample room.

Matthew de Quillien, The Huntington Hotel General Manager, said the hotel has 143 rooms, many of them suites. Also, the Nob Hill Spa, Arabella’s Cocktail Salo,n and a reopening of The Big Four Restaurant, featuring its famous chicken pot pie.

“Our owner was able to find the original recipe from the 70’s and we remastered it and we’re … serving it to our guests,” de Quillien said.

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He said rates range from $600 a night to $7,000 a night for its Presidential suite.

The restaurant opens to the public on March 17.


If you’re on the ABC7 News app, click here to watch live

Copyright © 2026 KGO-TV. All Rights Reserved.

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Denver, CO

Former Avs defenseman launches beer brand in Denver

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Former Avs defenseman launches beer brand in Denver


While most people know beers as “cold ones,” Tyson Barrie opts for a different name.

“We’ve always just called beers chilly ones,” the former Colorado Avalanche defenseman said.

Now, Barrie hopes his moniker goes mainstream with his beer brand Chilly Ones, which made its U.S. debut weeks ago in Colorado. He plans to move to the Centennial State from his home country of Canada come fall to build it out.

So far, the beer is in about 200 businesses across the state, mostly liquor stores like Bonnie Brae and Argonaut, but also eateries such as Oskar Blues.

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The light lager is available in cans at 3% alcohol by volume. The less-than-light ABV is popular in Australia and some parts of Europe, he said, but nothing serves that segment in the U.S.

Barrie also said the brand has a nonalcoholic version “in the tanks and ready to go” at Sleeping Giant Brewing Co., the Denver facility where Chilly Ones is made. He said it’s one of the only booze-free options that could “trick” him, and he expects the version to be available by April.

“If you look at all the data that we’re seeing, these two categories – the nonalc and the low – seem to be two of the only ones in the alcohol space that are growing,” Barrie said.

Chilly Ones has been available in Canada since late 2025, and he said a 4.5% to 5% edition is also in the works, though that one won’t hit the shelves for months.

“From what we can see in Canada, people question the 3%. They say it’s not enough,” he said through a grin. “Then in the U.S., people aren’t questioning it at all. They really liked a little bit less and the moderation factor to it.”

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That’s why he thinks the low-carb, zero sugar, under 100 calorie drink is a perfect fit for Denver. With the city’s storied history in craft beer combined with a more conscious, active lifestyle, it’s the perfect stateside launching point for his brand, Barrie believes.

Drafted by the Avs and playing in the city from 2011 through 2019, his preexisting connections also were a selling point.

“Every occasion is a little bit different, whether you’re parenting or you’re at a concert or you’ve got to get up early or you’re having two after work and you want to drive,” he said, explaining why there will be multiple versions of the drink available.

“It’s pick your own adventure. We’re not going to judge you,” he continued. “If you want to celebrate and get absolutely hammered, we’ll give you that option too. It’s just you can do it a little bit healthier.”

The idea came to Barrie when he had “a dozen” or so chilly ones during a night with friends years ago. In his phone’s notes app, he wrote that he would one day start a beverage brand with his NHL buddies and call it his colloquial name for beer.

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He was still playing in the league at the point, but in 2024, two years after, somebody from the beverage world “very serendipitously” reached out to see if Barrie would be interested in starting a wine or whiskey company.

“And I was like, ‘Yeah, I’d do a beer,’” he recalled.

He was still in the NHL playing with the Nashville Predators but nearing the end of his career. The now-34-year-old gathered several of his fellow skaters, including Avs star Nathan MacKinnon, and other career connections like Lumineers frontman Wesley Schultz, and Chilly Ones was born.

Having that post-playing career journey already laid out has been challenging but worth it, he said.

“I have a lot of friends who have retired, and you struggle with a bit of purpose and you wake up and you’re just kind of looking around, not sure what to do with yourself,” he said. “So I feel grateful. I didn’t even have any time to reset. I was just kind of thrown in the fire.”

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Seattle, WA

Seattle police arrest man accused of throwing rocks at cars and buses, injuring two

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Seattle police arrest man accused of throwing rocks at cars and buses, injuring two


A 36-year-old man was arrested after Seattle police say he threw rocks at passing cars in South Seattle early Tuesday, shattering a truck window and injuring a couple in their 50s.

Patrol officers responded at 12 a.m. to reports of a man hurling rocks near Rainier Avenue South and South Henderson Street.

SEE ALSO | 3 hurt after late-night crash sends car into north Seattle auto parts store

Police said they found the couple with facial injuries after their truck window shattered. Firefighters treated both victims at the scene, and the couple then drove to a nearby hospital for further treatment.

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Officers found the suspect nearby and arrested him. According to the police report, the man made “multiple threats to shoot officers in the head and kick and punch officers before and after being placed into custody.”

Police also spoke with a King County Metro transit supervisor who reported that two Metro coaches had damage to their windshields and route destination signs after being struck by rocks. Police said no drivers or passengers were hurt.

More witnesses also told police they saw the suspect throwing rocks at moving vehicles.

Police said the suspect is a convicted felon and was booked into the King County Jail for investigation of assault, malicious mischief, and property destruction. Detectives in the General Investigations Unit are assigned to the case.



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