Idaho
Judge in case of Idaho student killings denies 1 of 2 motions to dismiss grand jury indictment
Estimated read time: 2-3
minutes
MOSCOW, Idaho — A district court judge in Idaho has denied a request to dismiss a grand jury indictment in the case of Bryan Kohberger, the man accused of fatally stabbing four University of Idaho students.
During a public hearing Thursday, the defense argued there was an error in the grand jury instructions and that “the Grand Jury was misled as to the standard of proof required for an indictment.”
Kohberger faces four counts of first-degree murder in connection with the Nov. 13 deaths of 21-year-olds Kaylee Goncalves and Madison Mogen; and 20-year-olds Xana Kernodle and Ethan Chapin, who were fatally stabbed in their off-campus home in Moscow, Idaho. A not guilty plea has been entered on his behalf.
The Idaho State Constitution, Kohberger’s defense attorneys argued, sets the standard of proof for a grand jury beyond a reasonable doubt. But the grand jury in the case against Kohberger was given the lower standard required for an archaic process called a presentment, which requires a preliminary hearing. As a result, failing to properly instruct the grand jury is grounds for a dismissal of the indictment, the defense said.
But Latah County District Court Judge John Judge denied the motion, saying, “I am constrained by what I believe is settled law in Idaho … This is certainly an issue that you would have to bring with a higher court, like the Idaho Supreme Court.”
“I think the argument is good, but I can’t go that far, not today,” Judge continued, adding he would issue a written decision at a later time.
The open hearing was the second held Thursday, and both addressed different motions to dismiss Kohberger’s indictment. The first closed hearing was a dismissal request by the defense, based on a biased jury. The judge’s decision from that hearing hasn’t yet been released.
The killings and lengthy investigation rattled the community of Moscow, a city of 25,000 people that hadn’t recorded a murder since 2015. After weeks with little information and heightened anxieties, Kohberger, a graduate student from nearby Washington State University, was arrested at his parents’ house in Pennsylvania.
Related stories
Most recent Police & Courts stories
More stories you may be interested in
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
It was a rainy week with intense showers passing through the Treasure Valley. Sunday is expected to be clear but cooler weather and more precipitation is on the way.
I got to capture a phenomenal rainbow coming into the station today after some of the rain we saw on Saturday clear out.
The start of this wee will see some more rain on the way for Boise. Twin Fall will see their precipitation arrive between Monday and Tuesday with chances of rain snow/ mixes and possible accumulation.
A cold front will move in this week dropping temperatures. 40’s will turn into 30’s for the Magic and Treasure Valley’s. Mountains will expect a cool down as well. Thanksgiving is looking like a clear day though for most parts of Idaho.
Colder is coming this week, make sure to bundle up!
An Idaho teen is behind bars after a dead baby was found in a hospital drop-off box meant for the anonymous surrender of newborns.
Angel Newberry, 18, was arrested in Twin Falls more than a month after medical officials found the dead baby girl wrapped in a blanket with her placenta still attached in the Safe Haven Baby Box at the Grove Creek Medical Center in Blackfoot, authorities announced Friday.
“The Safe Haven Baby Box is intended to safely and anonymously allow custodial parents to surrender a newborn under 30 days old without legal repercussions, provided the child is unharmed,” the Blackfoot Police Department said in a social media post.
“Unfortunately, the placement of a harmed or deceased infant is not protected under the system of Idaho law.”
Hospital staff immediately responded to an alarm on Oct. 13 indicating a baby had been placed in the box — making the disturbing discovery that the newborn had been dead long before she was abandoned, according to Safe Haven Baby Boxes.
Idaho law only allows for the surrender of an infant who is unharmed.
“We are heartbroken,” Safe Haven Baby Box founder Monica Kelsey said last month.
“Let this be clear: this is an illegal, deadly abandonment.”
The accused teen was charged with failing to report a death to law enforcement officials and the coroner, police said.
Additional charges could be filed as the investigation into the circumstances surrounding the baby’s death is ongoing.
She is being held at Bingham County Jail.
San Francisco Giants Trade Idea Swaps Slugger For High-Risk, High-Reward Ace
CeeDee Lamb made NFL history on Sunday
Dolphins-Patriots 2024 Week 12 Five Biggest Storylines
Minnesota Timberwolves vs. Boston Celtics prediction, odds, best bets for NBA today
Raiders HC Sounds Off on Broncos QB Bo Nix’s Rapid Rise
Colorado Rockies game no. 116 thread: Zac Gallen vs José Ureña
See it: Tesla crashes into Columbus convention center at 70 mph
Fox News Politics: Georgia the whole day through
Why Marjorie Taylor Greene was ‘kicked out’ of the Freedom Caucus according to Rep. Buck
Death of missing Oregon girl found in stream ruled homicide
Fred Harris, former Democratic senator from Oklahoma and presidential candidate, dies at 94
‘Optical illusion’: Key takeaways from COP29
With talks teetering, climate negotiators struck a controversial $300 billion deal
Trump administration takes shape: President-elect completes top 15 Cabinet picks
Thousands march across Europe protesting violence against women
-
Business1 week agoColumn: Molly White's message for journalists going freelance — be ready for the pitfalls
-
Science5 days agoTrump nominates Dr. Oz to head Medicare and Medicaid and help take on 'illness industrial complex'
-
Politics7 days agoTrump taps FCC member Brendan Carr to lead agency: 'Warrior for Free Speech'
-
/cdn.vox-cdn.com/uploads/chorus_asset/file/25739950/247386_Elon_Musk_Open_AI_CVirginia.jpg "Inside Elon Musk’s messy breakup with OpenAI")
Technology6 days agoInside Elon Musk’s messy breakup with OpenAI
-
Lifestyle7 days agoSome in the U.S. farm industry are alarmed by Trump's embrace of RFK Jr. and tariffs
-
World7 days agoProtesters in Slovakia rally against Robert Fico’s populist government
-
News6 days agoThey disagree about a lot, but these singers figure out how to stay in harmony
-
News7 days agoGaetz-gate: Navigating the President-elect's most baffling Cabinet pick