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Bryan Kohberger asks Idaho judge to block ‘bushy' brows evidence, suggests witness’s artwork skews memory

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Bryan Kohberger asks Idaho judge to block ‘bushy' brows evidence, suggests witness’s artwork skews memory


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Bryan Kohberger’s defense team is asking the judge overseeing his quadruple murder trial to block an eyewitness from testifying about the intruder she saw having “bushy eyebrows” on the night three of her housemates and another friend were killed in a 4 a.m. massacre.

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First, the defense argues that allowing the witness, identified in court filings as “DM,” would be unfair, too vague and unfairly prejudicial before the jury. Also in the motion, attorney Elisa Massoth denies that the defendant, Kohberger, has bushy eyebrows. 

She is also seeking an order barring any evidence related to “bushy eyebrows” in addition to keeping DM from using the phrase. In separate filings, the defense is also asking the court to limit the use of the words murder, psychopath and sociopath.

The surviving housemate is the only known witness to have encountered the intruder and lived to tell her tale after she froze in shock, and he walked toward a back sliding door – and recently unsealed text messages so she tried in vain to reach her murdered friends minutes after the intruder left.

BRYAN KOHBERGER DOESN’T WANT AMAZON SHOPPING LIST REVEALED AT TRIAL

Brian Kohberger pictured after his transfer to the Ada County jail in Boise, Idaho. (Ada County Sheriff’s Office)

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The motion became public after Judge Steven Hippler told defense attorneys and prosecutors they were keeping too many court filings out of public view, filing them under seal without proper justification.

Massoth wrote that DM was unable to describe the masked intruder to a sketch artist and did not know what color eyebrows the intruder had. The texts, at least the exceprts that have been made public, show she discussed the intruder’s mask covering his mouth and forehead. They do not mention his eyebrows.

“Eyewitness identifications are inherently unreliable,” said Edwina Elcox, a Boise-based defense attorney who formerly represented Lori Vallow. “Especially this one – it’s beyond vague.”

IDAHO POLICE RECOVERED A 3-PERSON MIXTURE OF DNA UNDER MADDIE MOGEN’S FINGERNAILS

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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But what stands out to her in this case is the revelation in court filings that DM had a wall of photos and artwork, some of which she had drawn herself, depicting detailed faces and prominent eyebrows.

Last month, defense attorneys tried to attack the housemate’s credibility, arguing her story changed in the span of three interviews with investigators and that she admitted she had been drinking, felt tired and her memory was hazy.

“There is a beyond strong explanation, when somebody is so unsure about why they may have this distinctive impression of eyebrows –  because it’s all over the room,” Elcox told Fox News Digital. “It’s artwork that they’re drawing.”

Read the motion

The defense argued that this artwork could have influenced her memory.

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“There is no reliability of the physical characteristics that D.M. has reported,” Massoth wrote. “Mr. Kohberger does not have bushy eyebrows, but the art work on D.M.’s wall and that which she draws eyes with eyebrows could be described as bushy, full, or prominent.”

Hippler previously said the witness’s statements could be “fodder” for cross-examination at trial but had no bearing on the finding of probable cause used to justify Kohberger’s arrest.

Elcox says she expects explosive cross-examination on this issue.

Bryan Christopher Kohberger as he appeared on the Washington State University website. He was studying there for a Ph.D. in criminology at the time of the murders 10 miles away at the University of Idaho. (Washington State University)

“People often accused defense attorneys of just like throwing spaghetti at the wall and hoping something sticks, like questioning an identification,” she said. “But that is some real meat and potatoes, about how to how to question the reliability of whatever was observed. I can’t imagine a more specific fact.”

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The new filing also reveals DM had “lucid dreams of being kidnapped or chased,” she was a consumer of true-crime TV and podcasts.

“I think the judge will allow it on the grounds that DM will be subject to cross-examination and that the unreliability of the identification goes to the weight that the jury will give the description, not the admissibility of it,” Elcox, who has been closely following the case, told Fox News Digital. “But … this identification can absolutely be destroyed on cross-examination.”

Judge Hippler previously said DM’s testimony appeared more useful in establishing a timeline of the slayings than identifying the attacker.

According to a probable cause affidavit, DM overheard someone saying, “There’s someone here” after 4 a.m. She later heard what sounded like crying, and a male voice saying, “It’s OK, I’m going to help you.” 

BRYAN KOHBERGER’S DEFENSE CLAIMS HE HAS AUTISM IN BID TO AVOID FIRING SQUAD

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Bryan Kohberger enters the courtroom for a hearing at the Latah County Courthouse in Moscow, Idaho, June 27, 2023.  (August Frank/Pool via Reuters)

A security camera at the home next door picked up “distorted audio” of what investigators believe were “voices or a whimper followed by a loud thud,” in addition to a dog’s barking at 4:17 a.m.

DM looked out her bedroom door and “saw a figure clad in black clothing and a mask that covered the person’s mouth and nose walking towards her,” according to the affidavit. She described him to police as over 5 feet, 10 inches tall, athletic but not muscular and having bushy eyebrows.

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Bryan Kohberger arrives at the Monroe County Courthouse in Pennsylvania after police arrested him at his parents’ house in Albrightsville in the quadruple homicide in Moscow, Idaho. (The Image Direct for Fox News Digital)

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They came face-to-face, and she froze in shock after he passed within three feet of her, according to the new filing.

Minutes later, she called three of the victims – Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20. No one answered. Then she reached out to the other surviving roommate, “BF.”

Although it was believed DM locked her bedroom door and went to sleep after this encounter, the new filing reveals that after a brief exchange of texts with her roommate, BF urged her to “run” downstairs. 

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According to other court filings released this week, DM spent the night in BF’s room and an unnamed person called 911 from BF’s phone around noon the next day.

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At 10:23 a.m., DM texted both Mogen and Goncalves. “Pls answer,” she wrote. “R u up??” She then called her father around 11:40 a.m., and finally someone called 911 from BF’s phone around noon.

Timeline of Nov. 13, 2022:

  • 4:00 AM: Suspect arrives at house
  • Between 4 and 4:17: Time of murders
  • 4:19: Roommate calls 3 victims, no one answers
  • 4:22 to 4:24: Surviving roommates text each other from inside house
  • 4:27: Roommate calls victims again, no one answers
  • 4:32: Roommate texts Goncalves ‘Pls answer’
  • 10:23: Surviving roommate texts victims, no one answers
  • 11:39: Roommate calls her father
  • 12:00 PM.: 911 call placed from roommate’s phone

Court documents revealed last month that DM also said the intruder may have been carrying a vacuum-like object. She did not recognize him at the time of the attack and did not recognize an unmasked photo of Kohberger after his arrest.

Kohberger, 30, is accused of killing four of the six people inside a home on King Road in Moscow, Idaho, around 4 a.m. Nov. 13, 2022. The fourth victim was Ethan Chapin, 20. 

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Brian Kohberger in Latah County court for his Jan. 5, 2023, initial appearance in an Idaho courtroom. (Pool)

Police arrested Kohberger Dec. 30 of that year at his parents’ house in Pennsylvania.

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He faces a first-degree murder charge for each victim and a single felony burglary charge. A judge entered not guilty pleas on his behalf to all charges.

The trial is scheduled to begin Aug. 11. He could face the death penalty if convicted.





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Volunteers camp out to take part in the Succor Creek Clean-Up in the Owyhees

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Volunteers camp out to take part in the Succor Creek Clean-Up in the Owyhees


ADRIAN, Oregon — The Friends of the Owyhee organized a clean-up in Malheur County in Oregon, and volunteers came out to pick up trash and get rid of abandoned campers.

“We had two abandoned RV’S and a camper that were abandoned out on public lands,” said Tim Davis, who runs the Friends of the Owyhee. “They were sitting there for upwards of a year, and it is really clear that it is hard to get rid of these.”

WATCH| Check out the video to see volunteers demolish a camper—

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Volunteers camp out for the Succor Creek Clean-Up in the Owyhees

Davis worked with the local sheriff’s office and the BLM to remove the campers, but he found it difficult because there was no place to take these recreational vehicles. The Gambler 500, an off-road group, brought out some people to demolish a camper with an excavator.

“That is awesome to see the turnout with the army of volunteers we have today,” said Brian Arndt of the Gambler 500 group. “We are going to be able to get the camper all in the dumpster, get it cleaned down to the frame, and then everything that can be recycled will be recycled.”

Volunteers camped out on Succor Creek Road on Friday night so they could get an early start on Saturday. Many volunteers will camp out again on Saturday night and finish the clean-up on Sunday.

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“Malheur is the 12th largest county in the United States, and it’s 74 percent public land,” said Davis. “We have very few resources with the BLM; they are understaffed, they have one rec planner right now, so us, as public land owners, should be able to step up and keep this place clean.”

The campsite on Succor Creek Road

Lela Blizzard works as the lone recreational planner for the Vail District of the BLM, who says most sites have signs that say pack it in and pack it out. She says the BLM really needs the cooperation of the public because of how large it is, and she was happy to see how many volunteers showed up.

“I just want to tell them thank you because I know they are taking time out of their weekend to come out here to help us make sure the land continues to look nice for everyone who comes out to enjoy it,” said Blizzard.

Volunteers covered a lot of ground during this event

Griz Ward is one of the volunteers, and he enjoyed camping out, but he also would like to see people pick up after themselves. When it comes to outdoor recreation, it is so important to be part of the solution and not part of the problem.

“If you come out here and play in the area, be respectful,” said Ward. “Pack it in and pack it out, leave no trace and do the right thing, or frankly, stay home.”

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The Succor Creek Clean-Up also received a lot of support from the Treasure Valley, as they got donations from the Ontario Sanitation Service with the dumpsters, Tates Rents with the excavator, and United with porta-potties for the campsite.

Send tips to Idaho Backroads neighborhood reporter Steve Dent

Have an Idaho Backroads story idea? Share it with Steve below —





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No Kings movement brings statewide protests to Idaho this weekend

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No Kings movement brings statewide protests to Idaho this weekend


IDAHO — ‘No Kings 3’ protests will take place throughout Idaho on March 28, including in Boise and Twin Falls.

According to the Idaho 50501 Facebook page, there will be speakers & musicians playing at protests across the Treasure Valley.

Protests will take place in Boise, Caldwell, Nampa, Mountain Home, Twin Falls, and other Idaho cities.

NoKings.org

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On March 28, Neighborhood Reporters Allie Triepke & Lorien Nettleton will bring coverage of the Boise & Twin Falls protests on Idaho News 6 at 10.





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Idaho Senate introduces new bill to give local municipalities authority to control rat populations

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Idaho Senate introduces new bill to give local municipalities authority to control rat populations


BOISE, Idaho — A new bill in the Idaho Senate aims to let local municipalities take action to control rat populations. This, after a previous bill to combat rat infestations across Idaho, died in the House.

Rats have been spreading throughout the Treasure Valley in recent years, but previous attempts at legislation to deal with the problem have failed.

WATCH: Senior Reporter Roland Beres provides an update on the new rat bill

New bill would allow local governments to combat rats

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Residents in Eagle and Boise have been tracking an alarming rise in rat populations recently.

Rep. John Gannon (D – District 17) introduced new legislation today that would essentially permit local governments to act in order to control rat populations if they want to, without creating a mandate.

Gannon said some cities complained that they did not have the authority to do the job themselves.

The bill was introduced with a dose of humor.

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“I’m going to support this. It’s very late in the session, but I think this might just squeak through,” said Sen. Ben Adams (R – District 12). “Well. Unless it encounters a trap along the way.”

ALSO READ | ‘I’ve never seen something that big’: Boise neighbors finding rats in their backyards

This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

Send tips to neighborhood reporter Riley Shoemaker

Have a story idea from Downtown Boise, the North End or Garden City ? Share it with Riley below —

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