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Kohberger lawyer wants the public to see request for the judge to rethink dismissing charges

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Kohberger lawyer wants the public to see request for the judge to rethink dismissing charges


In a capital murder case that has been marked by secrecy and media restrictions, a lawyer for accused Idaho college killer Bryan Kohberger is now asking the judge to make public their arguments that he should rethink his decision to deny their ask to toss out the charges.

“Mr. Kohberger acknowledges the right of the public to be fully informed of the issues,” his lawyer wrote in a new filing posted to the docket Tuesday and filed on Friday.

Kohberger’s defense had previously made two different attempts to get the indictment against him dismissed. In one, they argued that the grand jury was given inaccurate instructions — that they used the wrong standard of proof. In the other, they argued that prosecutors withheld evidence that might aid Kohberger in defending himself, and biased the grand jury.

The judge denied both in mid-December. Just before Christmas, Kohberger’s team asked the judge to reconsider that decision – filing a request under seal.

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Kohberger’s high-profile case has largely been veiled in secrecy due to a strict non-dissemination or so-called “gag” order in place. The defense has repeatedly criticized some media portrayals of their client, and the judge himself has chastised the media for what he called “disappointing” behavior filming proceedings by some members of the press. Both Kohberger’s defense and prosecutors leading the case against him have supported limiting cameras in the courtroom – or even banning them entirely.

Now, Kohberger’s lawyer wants the public to know where they stand, at least on this particular matter of asking the judge to rethink his decision to dismiss the charges.

“Capital case litigation is largely a matter of creating or avoiding as many appellate issues as possible. The prosecution wants to avoid them, the defense wants to create them,” said Matt Murphy, a former prosecutor in Orange County, California and ABC News legal contributor.

“The defense has already made their position clear on the trial record. That properly preserved the issue for appeal review,” Murphy added. “‘Unsealing’ it now just opens it up for the public. This has the twin dangers of poisoning prospective jurors, or running afoul of the Court’s desire not to try the case in the media.”

Bryan Kohberger enters the courtroom for a hearing on Aug. 18, 2023 in Moscow, Idaho. Kohberger is accused of killing four University of Idaho students in Nov. 2022.

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August Frank-Pool/Getty Images, FILE

In their new filing, Kohberger’s lawyer says they only asked for those particular filings to be sealed in the first place “solely” because prosecutors wanted it — and they were on deadline to file the motion, so they acquiesced.

They say their client “has a right” for the relevant criminal rule “to apply as it is written rather than disadvantage him with items remaining sealed that are not within the scope” of that rule.

Arguments on Kohberger’s requests for the judge to reconsider his decision not to toss out the charges are set to be heard in pretrial hearings on Jan. 26.

Prosecutors allege that in the early morning hours of Nov. 13, 2022, Kohberger, a criminology Ph.D. student at nearby Washington State University, broke into an off-campus home and stabbed four University of Idaho students to death: Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20, and Kaylee Goncalves, 21.

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After a six-week hunt, police zeroed in on Kohberger as the suspect, arresting him in December 2022 at his family’s home in Pennsylvania. He was indicted in May and charged with four counts of first-degree murder and one count of burglary. At his arraignment, he declined to offer a plea, so the judge entered a not-guilty plea on his behalf.

Kohberger could face the death penalty, if convicted.

His lawyers have said their client wasn’t in the home where the homicides occurred and was driving around alone that night.

In August, Kohberger waived his right to a speedy trial, indefinitely delaying what was supposed to be an Oct. 2 start date.

A new trial date has not been set.

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Charges dropped against BYU-Idaho student accused of kidnapping baby at Costco – East Idaho News

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Charges dropped against BYU-Idaho student accused of kidnapping baby at Costco – East Idaho News


Bonneville County Prosecutor Randy Neal describes a new video from Costco over the incident involving an alleged kidnapping prior to Thanksgiving. | Daniel V. Ramirez, EastIdahoNews.com

IDAHO FALLS — Weeks after a BYU-Idaho student was accused of kidnapping a baby from Costco, the Bonneville County Prosecutor announced Thursday afternoon that charges will be dismissed.

During a news conference, Prosecutor Randy Neal showed three videos from inside Costco during the alleged incident on Nov. 24, which led to Michael Raine, 24, being charged with felony second-degree kidnapping.

According to court documents, Raine was looking at books inside the store and a cart with a baby was nearby.

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RELATED | BYU-Idaho student accused of kidnapping 4-week-old baby in Costco

The document states that Raine “looked around” and then grabbed the cart and walked away.

The issue for officials was what occurred once Raine rounded the corner with the cart and the baby.

Neal said the new video shows Raine walking away with the cart, and the baby’s mother finding him almost immediately. The prosecutor explained that when pursuing cases, a prosecutor reviews the evidence and determines whether, beyond a reasonable doubt, the action was a crime.

“For a prosecutor, the analysis is whether there is a rational basis for someone to conclude, beyond a reasonable doubt, that they are to a moral certainty, that this is a crime? I don’t think that we can say that,” Neal said.

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Neal said the surveillance videos from Costco show that Raine had no intention of running away with that cart.

WATCH COSTCO SURVEILLANCE VIDEO HERE:

The other aspect is that Raine didn’t leave the store after the incident, which, according to the documents, indicates the student had purchased items and eaten at the food court.

Looking at the reasons for Raine’s arrest, Idaho Falls Police Chief Bryce Johnson said at the time, there was only one single video, and based on what was seen, Raine’s actions were found to be suspicious.

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Another factor that influenced Raine’s arrest was his trip to the United States Marine Corps Recruiting station in Boise on Nov. 25.

“The detectives were consulting with the prosecutors and made the proper decision at that time in the interest of public safety, based on probable cause, to make that arrest,” Johnson said. “That just doesn’t end the case. There’s a requirement to keep on going.”

Johnson and Neal discussed how detectives met with the mother of the baby and went over the events in a cognitive interview. Neal said this type of interview is a narrative recount of the events by the victim, without any questions being asked.

“Often, the mind will just start filling in pieces in order to make it make sense to them,” Neal said.

Detectives worked on recreating the incident at Costco with the mother, but Neal said some of the mother’s version of events were inaccurate in terms of the cart placement and other minor details.

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Neal said Natalie Millett was told charges have been dropped.

Victim Impact Statement from Natalie Millett. | Courtesy Bonneville County Prosecuting Attorney

In a statement to the media, Millett said the event has caused the emotional pain that words can’t describe and will impact her for life.

“I believe it was miraculous that I ran in the right direction and recovered my baby swiftly, but the outcome could have been so different had I not listened to my intuition and impressions that day,” Millett said.

After being informed that the charges against Raine would be dismissed, Millett stated that she does feel at peace because she has done everything in her power.

One of the major talking points of the conference and in Millett’s statement is the reaction and comments from social media that have attacked her and made egregious remarks about people involved.

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“To sit in your basement and write poison is just really disgusting. It’s just inappropriate,” Neal said.

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Drivers urged to exercise caution amid potential flooding in North Idaho

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Drivers urged to exercise caution amid potential flooding in North Idaho


The Idaho Transportation Department (ITD) is warning drivers in North Idaho to be vigilant as rising water levels from recent rainfall and runoff may lead to roadway flooding and washouts.

ITD crews are actively monitoring the situation and are prepared to respond as conditions change. Drivers are advised to exercise extra caution, particularly in lowland areas, where conditions can shift rapidly. ITD strongly recommends against driving through standing water, as it can be difficult to gauge its depth or identify hidden hazards. Water intake can also cause significant damage to vehicles. For updates on detours and road closures, drivers are encouraged to visit Idaho 511.



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Notre Dame pulls away from Idaho, wins 80-65 despite missing leading scorer Markus Burton

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Notre Dame pulls away from Idaho, wins 80-65 despite missing leading scorer Markus Burton


SOUTH BEND, Ind. (AP) — Jalen Haralson scored 20 points, Carson Towt had 19 points and 15 rebounds and Notre Dame pulled away late to beat Idaho 80-65 despite playing without leading scorer Markus Burton on Wednesday night.

Burton, who leads the Fighting Irish at 18.5 ppg, was to have had surgery Wednesday on his left ankle after suffering an injury in Notre Dame’s previous game, an 87-85 overtime win over TCU. He is expected to be out “for the foreseeable future,” according to the school.

Haralson was 8-of-16 shooting and Towt was 9 of 12 in collecting his third double-double this season. Cole Certa had a trio of 3-pointers and 15 points and Braeden Shrewsberry made four 3s and scored 14. The Irish (8-3) shot 52% and made 9 of 14 from the arc in winning their third straight game and improving to 6-0 at home.

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Biko Johnson made three 3s and scored 19 points and Jackson Rasmussen added 16 points though the pair combined for only eight second-half points for Idaho (6-4). Brody Rowbury added 11 points. The Vandals shot 40% and made 10 of 24 3-pointers.

Tied 33-all at halftime, Notre Dame never trailed in the second half, going up 61-51 with nine minutes to go after Certa scored the first seven points in an 11-2 run. The Vandals got back within four with six minutes left on a Johnson 3-pointer but that was their final field goal. Shrewsberry and Certa hit 3-pointers in a game-ending 12-1 run.

Up next

Idaho is home against Evergreen State on Sunday.

Notre Dame is home against Evansville on Sunday.

___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball

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