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.
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)
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.
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.
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.
Idaho
Idaho angler reels in record 43.25-inch lake trout at Payette Lake
MISSOULA, Mont. — An Idaho Falls angler is back in the Idaho record books after landing a record-setting lake trout at Payette Lake.
Idaho Fish and Game said Dylan Smith caught and released a 43.25-inch lake trout on May 2, setting a new state catch-and-release record for the species. The fish surpassed the previous record of 42 inches.
The catch marks Smith’s second appearance in Idaho’s record books. He previously held the state catch-and-release lake trout record after landing a trophy fish in 2018 before that mark was later broken.
According to Fish and Game, Payette Lake has become one of Idaho’s premier lake trout fisheries thanks to years of management efforts aimed at improving both lake trout and kokanee populations.
Idaho
Boise’s North End finds new way to mark Pride after Idaho law halts flag display
Pride Month looks different this June along Boise’s Harrison Boulevard, where a long-standing tradition of hanging Pride flags on lamp posts has been put on hold after a new state law restricted which flags can be flown on government property.
For several years, Pride flags lined lamp posts along Harrison Boulevard in Boise’s North End neighborhood. But Idaho House Bill 561, signed by Gov. Brad Little in March, restricts which flags can be flown on government property, including the City of Boise’s Harrison lamp posts.
In response, a group of neighbors formed Pride North End and launched a distribution effort to help residents show support from their own front yards. The group has been making Pride flags and yard signs available to people who want to display them at home.
“I thought that I would…be a personal example of ‘yes, this is what I do.’ This is what I believe in,” said Edna Schochat, a North End resident.
Pride North End has already distributed more than 900-yard signs and 250 flags. The group’s original donation goal was around $2,000 to order 100 flags and 200 yard signs, but it has exceeded that GoFundMe goal, reaching $10,000 worth of donations.
The group plans to continue holding public flag and sign distributions through the end of the month.
“We cannot just say something without doing something that proves that we mean what we say,” Schochat said.
Pride North End said any leftover funds after materials are distributed will go to local LGBTQ+ nonprofits. A link to the group’s GoFundMe can be found here.
Idaho
New Idaho education laws: What students, parents and educators should know
July 1 isn’t just the start of a new fiscal year for Idaho public schools. It’s also the effective date for many new education-related laws.
From mandatory moments of silence to restrictions on taxpayer funding for teachers’ unions, the Legislature enacted a slew of new policies affecting public schools during this year’s session.
Here’s what educators, parents and students should know:
School trustees, administrators and teachers
Here are the new laws that will affect school trustees, administrators and teachers:
Union activities. Public schools can no longer use taxpayer resources to accommodate teachers’ unions — including by giving teachers paid time off for union “activities” or by using payroll systems to deduct union dues.
The list of union “activities” in House Bill 516 is long. Among other things, it includes:
- Supporting or opposing candidates for office
- Influencing legislation
- Promoting union membership
- Participating in the “administration business or internal governance” of a teachers’ union
- Preparing, conducting or attending a union event
- Distributing union communications
- Speaking on the union’s behalf
- Engaging in union negotiations
- Filing a grievance on behalf of the union
A school district can’t give teachers paid time off to participate in these activities, unless the union reimburses the district.
HB 516 was based on a report from the Washington-based Freedom Foundation, an anti-union think tank, which alleged that public schools have spent more than $1 million subsidizing teachers’ unions.
The bill also prohibited districts from:
- Deducting union dues through payroll systems.
- Increasing teacher pay to cover union dues.
- Requiring that teachers meet with the union.
- Sharing employees’ contact information with the union.
- Communicating on the union’s behalf.
Civics instruction. Public schools must now ensure that their civics instruction aligns with a law aimed at cultivating the “virtue and knowledge necessary for self-government.”
Senate Bill 1336 codified nearly four pages of requirements for civics instruction. By the time public school students graduate, they must exemplify the virtues of “prudence, justice, fortitude, moderation and patriotism” while understanding the “fundamental principles of the nation’s republican form of government” along with the “history, meaning, significance, and effect of key historical documents.”
Click here to read the list of principles and texts that students must understand.
The bill also required that high school students complete two credits in American history and two credits in American government. These classes must include instruction on the American Revolution and founding along with instruction on the incompatibility of totalitarianism with the principles of American government.
The bill also “encouraged” public schools to display historical portraits of George Washington “in a conspicuous place” in each classroom where civics is taught.
Public charter schools can request an exemption from many of the new requirements. Traditional public schools cannot.
Lastly, the bill pushed back the implementation date for a new civics test that the Idaho Department of Education is writing. The new test will be required in 2027-28, rather than during the upcoming school year.
High-needs funding. Public schools are now eligible to receive up to $100,000 in state funding for “high-needs” special education students.
Senate Bill 1288 set aside $5 million for students who require full-time staff support or specialized equipment. Districts can apply for the state funds to cover students whose individual education program-related costs exceed $30,000 annually.
The state will fully reimburse costs between $30,000 and $80,000. Costs above $80,000 will be reimbursed at 80%, and reimbursement is capped at $100,000. Forty percent of the state funds are reserved for rural schools.
Sexual abuse reporting. School districts are no longer allowed to conduct an internal investigation of abuse in lieu of reporting an incident to law enforcement.
Sen. Tammy Nichols, R-Middleton, proposed the law in response to sexual abuse complaints against Gavin Snow, a former special education assistant in the Boise School District.
Senate Bill 1412, which passed with unanimous support, also requires that school districts ask job applicants for sworn statements disclosing pending or prior investigations, resignations during investigations or disciplinary action stemming from misconduct. An applicant who lies in the disclosure is no longer eligible for the job.
Funding flexibility. Public school districts and charter schools are now eligible for flexibility in how they spend state funds — if they meet performance benchmarks.
To qualify for the “earned autonomy,” districts would have to post high marks on test scores and graduation rates while charters would be graded on academics and financials.
House Bill 883’s sponsors estimated that about 10 districts and 15 charters would qualify.
Parents
Here are the new laws that parents should be aware of:
Social transition reporting. Parents will now have a right to be notified if their child identifies as a different gender at school. Schools could face a six-figure penalty for failing to comply.
House Bill 822 requires that public school officials notify parents within 72 hours if their child requests help with “social transitioning.” This includes when a student asks to go by a different pronoun or use a bathroom or participate on a sports team that doesn’t align with their birth sex.
Sponsored by Rep. Bruce Skaug, R-Nampa, the law gives parents the right to sue a school or healthcare provider for relief and monetary damages if they aren’t notified within the 72-hour window.
The attorney general can also seek a civil penalty up to $100,000.
Rep. Bruce Skaug, R-Nampa
Virtual school policy. Parents of virtual-school students will have new restrictions on money they receive to cover the costs of home learning.
After a state report last year found examples of taxpayer money being misused, lawmakers added limits on “supplemental learning funds.” According to House Bill 624, this money can only be spent on “eligible educational expenses, including:
- Computer hardware, internet access or other devices used to meet a student’s educational needs.
- Textbooks, curricula or other instructional materials, including educational software.
- Fees for standardized tests, advanced placement exams, certificate exams or college admissions exams.
- Therapies, including behavioral, physical, speech-language and audiology therapies, along with other State Board of Education-approved services.
In addition to the rules around supplemental learning funds, HB 624 added reporting requirements for private vendors that contract with virtual schools. Vendors must disclose the costs and services they provide while demonstrating a “clear relationship between the public funds received and the services provided.”
Military preference on charter waitlists. Active-duty military parents could be eligible for preference on charter school waitlists.
Lawmakers passed a bill that allows charter schools to place children from military families third among categories of students given preference on waitlists. It’s up to each charter school whether they implement the change.
Students
Here are the new laws that students should know about:
Moment of silence. Public school students will now have to start each school day with a moment of silence.
They can use the 60 seconds however they want — to reflect, meditate or pray — but they must be silent, and “no other activities shall take place,” according to House Bill 623.
Sponsored by Rep. Bruce Skaug, R-Nampa, the law requires that a moment of silence occur “at or near the beginning of each school day.” It prohibits teachers from instructing students on the “nature of any reflection” they might engage in.
School leaders also must notify parents about the moment of silence and “encourage” them to “provide guidance” to their children on how to use it, according to the law.
Idaho Launch cuts. Less state aid will be available for students going to college after they graduate in 2027.
For the current fiscal year and next fiscal year starting July 1, state lawmakers — with Gov. Brad Little’s approval — cut $10 million from Idaho Launch. The program offers high school graduates $8,000 to spend on an in-state higher education degree or workforce training certificate.
While the award amounts will remain the same, the state now has $65 million in scholarship money to dole out, compared to $75 million in previous years.
IDLA cuts. Fewer students are eligible to take discounted courses through the state’s online learning platform, the Idaho Digital Learning Alliance (IDLA).
House Bill 940 cut funding for IDLA’s elementary program, limiting the platform to students in grades 6-12. The bill also cut driver’s education, and eliminated state funding for students attending all-virtual schools and non-public schools — although private- and home-schoolers can pay IDLA’s full course fee and seek reimbursement through the Parental Choice Tax Credit.
HB 940 also set new fees for courses that are eligible for state funding. Courses that satisfy a graduation requirement are $40, while courses that don’t meet a graduation requirement are $100.
Copyright 2026 KMVT. All rights reserved.
-
Kentucky2 minutes agoKentucky’s Otega Oweh headed to Thunder in 2026 NBA Draft trade
-
Louisiana9 minutes agoGOP candidates trade attacks, differ on carbon capture in Louisiana Senate race
-
Maine12 minutes agoHearts of Pine halt 4-game skid with emphatic win
-
Maryland17 minutes agoRepublican candidates ask judge to block Maryland primary certification
-
Michigan24 minutes agoMichigan heatwave on way. See day likely to set a record high
-
Massachusetts27 minutes agoMassachusetts man accused of wanting sex with girl busted in World Cup trafficking operation
-
Minnesota32 minutes agoVance Boelter’s sentencing date set in deadly Minnesota lawmaker shootings
-
Mississippi39 minutes agoMississippi youth court law puts families' rights at risk, lawsuit says