Idaho
Bryan Kohberger asks Idaho judge to block ‘bushy' brows evidence, suggests witness’s artwork skews memory
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.
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)
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)
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.
“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.”
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
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)
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.
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.
Idaho
Idaho bill aims to criminalize transgender bathroom use in private businesses
BOISE, Idaho (AP) — Idaho lawmakers are considering a bill that would make it a crime for transgender people to use the bathroom that matches their gender identity — even inside privately owned businesses.
At least 19 states, including Idaho, already have laws barring transgender people from using bathrooms and changing rooms that align with their gender in schools and, in some cases, other public places. The LGBTQ+ advocacy organization Movement Advancement Project’s tracking of the laws shows that three other states — Florida, Kansas and Utah — have made it a criminal offense in some circumstances to violate the bathroom laws.
READ MORE: Ohio Gov. DeWine signs bill restricting transgender students’ use of bathrooms
But none of the others apply as broadly to private businesses as the Idaho bill, which covers any “place of public accommodation,” meaning any business or facility that serves the public. The state’s Republican supermajority Senate is expected to vote on the bill this week, deciding whether to send it to Gov. Brad Little’s desk.
Felony bathroom use?
If the law is passed, anyone who enters a public facility like a bathroom or locker room designated for the opposite sex could be sentenced to a year in jail for a misdemeanor first offense, or up to five years in prison for a felony second offense. That’s a longer sentence than Idaho imposes for a first drunken driving conviction or for displaying offensive sexual material in public.
Protecting those spaces is a “matter of safety” and “decency,” said Republican Sen. Ben Toews told a Senate committee last week.
“Private spaces such as restrooms, changing areas and showers are sex-separated for a reason,” Toews said. “Individuals in these vulnerable settings have a reasonable expectation of privacy and security.”
The bill does carve out several exceptions. Athletic coaches, people responding to emergencies, people supervising inmates, custodians, and people helping children who need bathroom assistance get a pass. So does someone who is “in dire need” of a bathroom, if the bathroom they use is the only one that is reasonably available at the time.
Law enforcement groups say it’s a bad bill
Law enforcement groups including the Idaho Fraternal Order of Police and the Idaho Chiefs of Police Association oppose the bill, which they say would place officers in impossible positions, tasking them with visually determining someone’s biological sex or their level of “dire need.” The Idaho Sheriff’s Association asked lawmakers to require that people first ask any suspected violator to leave the bathroom before calling authorities, but lawmakers refused.
Heron Greenesmith, deputy policy director at Transgender Law Center, said the “dire need” exception could be especially hard to assert — and that the idea that a person can use a public restroom only in an emergency is dehumanizing.
“How does one prove that one was going to poop on the floor?” they asked.
Opponents fear vigilantism
John Bueno, a transgender student at the University of Idaho and a member of the student group Queer Inclusion Society, said the school has lots of single-use restrooms, which helps mitigate the logistical impacts of the bill. But the legislation would likely lead to more unwanted “profiling” of people, whether they are transgender or not, she said.
“It’s this cultural attitude of getting other Americans to habitually be narcing on one other and doing this sort of ‘transvestigating’ — that is what these kinds of bills promote,” Bueno said.
It all comes down to an effort to disenfranchise transgender people, Bueno said.
“This will increasingly deter queer individuals from Idaho universities and the state as a whole,” she said. “Which to be fair, is probably the primary purpose.”
Bill could impact employment opportunities
Nikson Matthews, a transgender man with a beard, told a panel of lawmakers last week that the bill would force him into the women’s restroom, where his masculine appearance puts him at risk of aggression from people who think he’s intruding.
“It creates a crime — but that is not based on conduct or harm,” Matthews said. “It is based on presence, and to justify that you have to accept that someone’s presence alone is traumatizing and harmful enough to criminalize.”
It could also make it difficult for transgender people to work, said Boise resident Laura Volgert.
“People might be able to hold it for an hour if they’re at a restaurant for lunch or at a grocery store,” she told lawmakers during a committee hearing. “They can’t be expected to hold it for a full eight-hour shift.”
That’s the point of these types of laws, said Greenesmith, to “make it untenable to go to the movies, to go to the doctor, to go to the bank.”
Proponents say that isn’t the case.
Proponents say safety and privacy is key
Suzanne Tabert, a Sandpoint resident, said the bill is about “maintaining, clear, enforceable boundaries” so that women and children can feel safe.
“If we lose the ability to protect based on biological sex, we lose our most effective tool for preventing harassment, voyeurism and other sex crimes before they occur,” she said.
She later continued, “This legislation is not about how an individual identifies, nor does it seek to target or malign the transgender community. Rather it upholds a universal standard of privacy.”
Bathrooms are not the only place where lawmakers have been placing restrictions on transgender people in the name of protecting women and girls. At least 25 states bar transgender women and girls from some women’s and girl’s sports competitions. And at least 27 states have laws restricting or banning gender-affirming care for minors.
Expanding all of these policies are priorities for President Donald Trump, too.
The only widely reported arrest of someone on charges of violating transgender bathroom restrictions was part of a protest in Florida last year.
Mulvihill reported from Haddonfield, New Jersey.
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Idaho
Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho
CANYON COUNTY, Idaho — Two new laws aimed at expanding protections for Idaho children were signed Wednesday morning at the Statehouse, a milestone for families who have turned heartbreak into advocacy.
Back in January, adoptive mother Monique Peyre came to Idaho News 6 heartbroken after a 12-day-old baby boy, Benji, died in Nampa. Peyre, who had previously adopted Benji’s siblings, became a driving force behind legislation designed to better protect vulnerable children across the state.
RELATED | ‘Please put eyes on this baby’: Adoptive and foster mothers’ warnings before Nampa baby’s death
On Wednesday, Governor Brad Little signed Isaiah’s Law and the Foster Child Safety Act into law. Peyre’s advocacy was central to both bills, which aim to strengthen child welfare protections and provide clearer guidance to courts and caseworkers.
“It feels very, very surreal to get to this day just because I adopted them [Benji’s siblings] about a year ago, April 3rd, and I just never thought it would happen this quickly,” Peyre said.
Isaiah’s Law, or Senate Bill 1257, inspired by Peyre’s adopted son, Isaiah, strengthens protections for foster children during parental visitations.
“Today’s bills reflect a continued commitment to strengthening the system from multiple angles, protecting children and clearly defining their rights,” Governor Little said.
WATCH: Families come together for child protection law signings
Governor Brad Little signs Isaiah’s Law, expanding child protections in Idaho
For Peyre, seeing the bill signed was a way to turn personal tragedy into hope for others.
“It makes their pain and what they went through and the hardship of all of it worth something,” she said. “It kind of brings closure to their story.”
For Isaiah, the day brought a sense of comfort and security. “I feel… comfortable and safe,” Isaiah said.
Peyre also emphasized the importance of persistence in advocacy, encouraging others to take action.
RELATED | Nampa remembers Benji as legislation protecting vulnerable children advances
“I wanna say like the biggest thing was just to start emailing and reaching out to people, and you never know. It really does go a long way,” she said.
The Foster Child Safety Act also received the governor’s signature today. This bill updates Idaho’s child welfare policies, giving caseworkers and courts clearer guidance to keep children safe and ensure their well-being remains the top priority.
The last bill in Peyre’s legislative push, Benji’s Law (House Bill 776), is still awaiting a hearing in the Senate. The legislation aims to ensure quicker responses from authorities and remove judgment calls that could delay child safety interventions.
“All we’re asking for is a quicker response and no judgment call—just look and see if those are the guidelines that this baby falls under and go check on that baby sooner rather than later,” Peyre said.
For Isaiah, the moment was an accomplishment, but he hopes for a day when he can meet his baby brother Benji in heaven.
“I really want to achieve… a day that I get to see… seeing my little, I mean my baby brother that is… is in heaven,” Isaiah said.
RELATED | Idaho lawmakers advance bill requiring faster checks on at-risk babies
Benji’s Law is still making its way through the Statehouse, but supporters are hopeful it will also be signed into law by the end of the session.
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Idaho
Cases of HIV Are ‘Surging’ in Idaho; Here’s What You Need to Know
Local health authorities in Idaho, particularly those in Eastern and Southeastern Idaho, are reaching out to the public about an increase in HIV cases. The increase which is being called more of a ‘surge’, by local health officials, is cause for concern in Idaho and is serving as a stark reminder to be in touch — and proactive — with your health.
Numbers of cases are outpacing not only last year–but the last FIVE years.
In the first three months of 2026, there have been seven new cases and diagnosis of HIV. That is how many the area has seen in a year over the past five years.
Contracting these diseases is no joke–and safety is key. Idahoans are urged to practice safe sex not just amid the uptick–but all of the time. Officials also encourage frequent testing as needed, following sexual activity with new partners.
Reaching out to the public is the Eastern Idaho Public Health Department, which serves Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton Counties.
According to the World Health Organization–there are signs and symptoms of HIV, but they vary depending on the stage of infection.
HIV spreads more easily after a person is infected. In the first few weeks after being infected there is a chance that some may not experience symptoms at all. Others may have an flu-like illness including:
- fever
- headache
- rash
- sore throat.
As the immune system is progressively weakened, other signs and symptoms include:
- swollen lymph nodes
- weight loss
- fever
- diarrhea
- cough.
And finally, if one is to go without treatment, those living with HIV infection can also develop severe illnesses:
- tuberculosis (TB)
- cryptococcal meningitis
- severe bacterial infections
- cancers such as lymphomas and Kaposi’s sarcoma.
Not to scare anyone–but these infections are serious.
Learn more, HERE.
Four Idaho Hospitals Achieve Impressive ‘A’ Patient Safety Ranking for Fall 2025
Leapfrog just updated their patient safety ratings for Idaho’s 14 hospitals for Fall 2025. These four facilities are this year’s top performers.
Gallery Credit: Michelle Heart
Newsweek’s Top 7 Hospitals in Idaho for 2025
Gallery Credit: Michelle Heart
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