Idaho
Idaho murder case runs into problems but suspect set for August trial
Bryan Kohberger, the suspect accused of killing four young University of Idaho students in 2022, is set to go to trial in August in a case that could see him sentenced to death.
He is charged with the murders of Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin – who were together in the same house when someone broke in at night and stabbed them to death.
But the case is running into problems, not least a failure by prosecutors to ascribe a motive for the killings, which terrified a region and shocked the US amid a media frenzy around the crime.
Last week, Kohberger’s attorneys requested a trial delay, citing in part intense publicity around the case generated in part by a recent NBC Dateline special they claim was prejudicial to their client because it contained apparent prosecution leaks in violation of a non-dissemination order.
The leaks included information that the phone belonging to Kohberger connected 23 times in four months to a cellphone tower near the rented home where the four students were killed. And also that he searched the internet for information about serial killer Ted Bundy as well as for pornography with the keywords “drugged”, “sleeping” and “passed out”. The defense is arguing it now requires more time to prepare for trial because of the publicity around that information.
Further problems may arise in July with the pre-trial publication of The Idaho Four, by the crime writer James Patterson and the journalist Vicky Ward, who ran afoul of a judge in South Carolina after obtaining crime-scene photos and documents in a civil claim related to that state’s notorious Alex Murdaugh double murder case.
Kohberger’s attorneys have said the blurb for the book “suggests that the apparent Dateline leak was not the only violation of this court’s non-dissemination order” and a delay might mitigate the “prejudicial effects of such inflammatory pretrial publicity”.
Idaho judge Steven Hippler has said he is open to appointing a special prosecutor to question people under oath to determine the origin of the leaks. But whether or not a delay is granted, a number of recent court rulings have been going against Kohberger, who has pleaded not guilty.
His defense team has tried to keep considerable evidence, including a 911 call alerting police to the crime; the description of a man with “bushy eyebrows” at the house around the time of the murders; and his Amazon shopping history, including the purchase of a knife similar to the one the alleged assailant was said to have used, out of the trial.
Amazon records show that an account under Kohberger’s name and email address bought a Ka-Bar knife, sheath and sharpener in March 2022, eight months before the murders, and had them shipped to his parents’ home in Pennsylvania, where he was later arrested. A brown leather Ka-Bar knife sheath was found, police said, next to one victim’s body and DNA on the clasp matched to Kohberger.
Kohberger’s defense team claims his Amazon purchase history was “out of context, incomplete and unfairly prejudicial”, but Hippler ruled it was “highly relevant” and “establishes significant connection between the defendant and Ka-Bar knife and sheath”.
In another ruling against the defence, Hippler turned down a request to exclude the criminology student’s 12-page master’s essay from being presented as evidence in the trial. In it, Kohberger assessed how to handle a crime scene where a woman has been found stabbed to death.
Other rulings going against the suspect involve evidence about his white Hyundai Elantra – a similar make and model of car that prosecutors say the killer drove and which was captured on security video near the home before the murders and leaving soon after.
Nor has the judge allowed defense requests that the death penalty option be dropped because their client was once diagnosed with autism. Hippler instead ruled that the defense can only introduce the diagnosis if Kohberger testifies in his own defense or as a mitigating factor is he is convicted.
But Hippler has also ruled that Kohberger’s defense was permitted to keep a court filing ‘in support of … alternate perpetrators” sealed from public view. It is not yet clear if defense claims of another perpetrator, or perpetrators, claimed to be in the documents will be permitted at trial.
Absent from the prosecutors’ filings to date are any attempts to ascribe a motive for Kohberger’s alleged actions.
Forensic psychiatrist Carole Lieberman has said she believes Kohberger’s decision to study psychology and then criminology was because he was “trying to calm the demons inside of him” and simultaneously “trying to learn how to commit the perfect crime”.
To the Guardian last week she went further, arguing that the bloody crime scene and use of a knife was evidence that Kohberger harbored rage against young women.
Kohberger, she claimed, had held this rage since at least middle school, when he had a crush on a cheerleader – said to have looked like Kaylee Goncalves – only for her to reject him.
“I think that’s why he stalked and killed them,” she said.
According to some reports, Kohhberg followed Mogen and Goncalves on Instagram. The defence denies the claim and argues there is no motive to find because Kohberger did not commit the crime.
Louis Schlesinger, a professor of psychology at John Jay College, said it should be noted that Kohberger’s alleged crime was a targeted mass killing, not a serial killing, because there were two others in the home at the time, including a surviving roommate, who reported seeing an intruder with “bushy eyebrows”, and were not attacked.
“This seems to be situationally based, so you can rule out psychosis or impulsivity,” Schlesinger said, “and it doesn’t appear to be sexually motivated. It could be jealousy or a feeling of rejection or humiliation. But we really don’t know the motive was.”
But that doesn’t mean a jury would not want prosecutors to at least imply a motive.
“Jurors want to hear a motive before they send someone to the execution chamber,” he said. “They will want to know why he did it.”
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.
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