Connect with us

Idaho

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

Published

on

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


Join Fox News for access to this content

Plus special access to select articles and other premium content with your account – free of charge.

By entering your email and pushing continue, you are agreeing to Fox News’ Terms of Use and Privacy Policy, which includes our Notice of Financial Incentive.

Please enter a valid email address.

Having trouble? Click here.

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.

Advertisement

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)

Advertisement

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)

Advertisement

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.

Advertisement

“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.”

Advertisement

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

Advertisement

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.

GET REAL-TIME UPDATES DIRECTLY ON THE TRUE CRIME HUB

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)

Advertisement

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. 

SIGN UP TO GET TRUE CRIME NEWSLETTER

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.

Advertisement

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. 

FOLLOW THE FOX TRUE CRIME TEAM ON X

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.

Advertisement

CLICK HERE TO GET THE FOX NEWS APP

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.





Source link

Advertisement

Idaho

Gas prices expected to exceed $3 as the Iran conflict prompts supply shortages

Published

on

Gas prices expected to exceed  as the Iran conflict prompts supply shortages


BOISE, Idaho — AAA is warning Idaho gas consumers that pump prices will likely rise as the conflict in Iran disrupts oil and gas supply chains worldwide.

The ongoing turmoil in the Middle East will likely push the price for a gallon of regular gasoline past the $3 mark over the coming days.

“On one hand, the crude oil market had time to account for some financial risk in the Middle East as forces mobilized, but a supply shortage somewhere affects the global picture,” says AAA Idaho public affairs director Matthew Conde. “If tankers can’t move products through the region, there could be ripple effects.”

On Monday, March 2, the average price for a gallon of regular gasoline is $2.97, reports AAA, which is 12 cents more expensive than it was a month ago but 20 cents less than this time last year.

Advertisement

State / Price: 1 gallon of regular gasoline

  • Washington / $4.37
  • Oregon / $3.92
  • Nevada / $3.70
  • Idaho / $2.97
  • Colorado / $2.89
  • Montana / $2.82
  • Utah / $2.74
  • Wyoming / $2.73

In terms of the most expensive fuel in the nation, Idaho currently ranks #14. However, buying a gallon of regular gas in neighboring states such as Oregon and Washington could cost a whole dollar more. In contrast, gas prices in Utah, Montana, and Wyoming are anywhere between 15 to 24 cents cheaper than fuel in the Gem State.





Source link

Continue Reading

Idaho

Idaho Lottery results: See winning numbers for Pick 3, Pick 4 on March 1, 2026

Published

on


The results are in for the Idaho Lottery’s draw games on Sunday, March 1, 2026.

Here’s a look at winning numbers for each game on March 1.

Winning Pick 3 numbers from March 1 drawing

Day: 7-2-3

Night: 2-7-6

Advertisement

Check Pick 3 payouts and previous drawings here.

Winning Pick 4 numbers from March 1 drawing

Day: 4-7-9-3

Night: 8-7-7-3

Check Pick 4 payouts and previous drawings here.

Winning Idaho Cash numbers from March 1 drawing

03-06-07-33-41

Advertisement

Check Idaho Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 1 drawing

10-11-12-35-56, Bonus: 04

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Idaho Lottery drawings held ?

  • Powerball: 8:59 p.m. MT Monday, Wednesday and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Pick 3: 1:59 p.m. (Day) and 7:59 p.m. (Night) MT daily.
  • Pick 4: 1:59 p.m. (Day) and 7:59 p.m. (Night) MT daily.
  • Lucky For Life: 8:35 p.m. MT Monday and Thursday.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • 5 Star Draw: 8 p.m. MT on Tuesday and Friday.
  • Idaho Cash: 8 p.m. MT daily.
  • Millionaire for Life: 9:15 p.m. MT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a USA Today editor. You can send feedback using this form.



Source link

Advertisement
Continue Reading

Idaho

Idaho politicians respond to Trump authorizing U.S military force in Iran

Published

on

Idaho politicians respond to Trump authorizing U.S military force in Iran


On Saturday, the United States and Israel launched major strikes in Tehran, with President Trump calling for an Iranian regime change.

RELATED | Trump announces ‘major combat operations’ in Iran, reportedly killing hundreds

President Trump authorized the U.S military operation without congressional approval, a decision that Democrats in Congress are arguing is unconstitutional.

RELATED | Trump’s Iran attack raises legal concerns among Democrats in Congress

Advertisement

Idaho Democratic Party Chair Lauren Necochea says Democrats are “demanding answers and accountability on behalf of the American people, who are being dragged toward another open-ended war they do not support.”

Necochea says her greatest concern lies with American troops, contractors and civilians who she says “did not choose this conflict.”

“Idaho has thousands of active-duty servicemembers, National Guard members, and military families who live with the consequences when leaders make reckless choices,” she says.

However, not all lawmakers share Necochea’s sentiments.

Idaho Republican representative Mike Simpson commends President Trump’s “decisive action” in Iran.

Advertisement

Idaho News 6

“Iran was given every opportunity to resolve this peacefully through negotiations but chose not to,” Simpson said in a post to Facebook. “I commend President Trump for taking decisive action against a regime responsible for decades of terror. May God protect our men and women in uniform on this vital mission.”





Source link

Continue Reading

Trending