Idaho
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.
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.”
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.
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.
Idaho
Suspicious device found at Idaho Falls airport was not dangerous, officials say – East Idaho News
IDAHO FALLS – A suspicious device discovered in someone’s luggage at the Idaho Falls Regional Airport Saturday afternoon resulted in an evacuation.
The Idaho Falls Police and Fire Departments responded around 3:50 p.m., according to city spokesman Eric Grossarth. The item in question was not specified.
Authorities detained passengers in a safe area of the terminal during the investigation. Witnesses say it lasted around 30 minutes and the road leading to the airport was closed during that time.
Ultimately, police determined the device was not dangerous.
Roads have re-opened and authorities have cleared the scene.
EastIdahoNews.com will provide updates as we receive them.
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Idaho
Idaho Legislature’s budget committee accepts report recommending raises for state employees – East Idaho News
BOISE (Idaho Capital Sun) – The Idaho Legislature’s Joint Finance-Appropriations Committee closed out the first week of the 2025 legislative session Friday by accepting a report recommending raises of $1.55 per hour for all state employees.
The Joint Finance-Appropriations Committee, or JFAC, is a powerful legislative committee that meets daily and sets the budgets for every state agency and department.
A day earlier, on Thursday, the Idaho Legislature’s Change in Employee Compensation Committee voted 7-3 to recommend the $1.55 per hour raises.
On Friday, JFAC voted to accept the report with the recommendation from the Change in Employee Compensation Committee, but it did not vote on whether to approve the raises.
An actual JFAC vote on the raises is expected on Wednesday or Thursday.
JFAC also accepted a report Friday from the Economic Outlook and Revenue Assessment Committee that projected $6.4 billion in state revenue will be available for next year’s budget. The $6.4 billion projection is slightly under Gov. Brad Little’s $6.41 billion revenue projection.
“We recommend caution in making appropriations above the committee’s revenue projection,” Sen. Kevin Cook, R-Idaho Falls, told JFAC on Friday. “The committee recognizes economic uncertainty related to the impact of the Federal Reserve Bank addressing inflation and the recent presidential election.”
The action is expected to pick up considerably next week for JFAC. JFAC’s long-term schedule lists statewide maintenance budget decisions on the schedule for Wednesday, which could include decisions on state revenues and the proposed $1.55 raises for state employees.
On Friday, JFAC members are expected to set the maintenance budgets for all state agencies. JFAC leaders describe maintenance budgets as bare bones versions of last year’s budgets, with all the one-time money and projects removed. The maintenance budgets are simply meant to keep the lights on for state agencies. Under budget changes approved last year, new spending requests and replacement items are called budget enhancements, which are considered and voted on separately from the maintenance budgets.
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Idaho
Idaho Lawmakers looking for change when it comes to suspicious death investigations
BOISE, Idaho — “If you are going to kill somebody, definitely do it in Idaho because you are very likely to get away with it here,” said Idaho House Minority Leader Ilana Rubel on the first day of the state legislative session. To be clear, Representative Rubel believes law enforcement does their best to protect Idahoans, and she does not truly encourage anyone to commit murder but that bold statement prompted Idaho News 6 to look into the stunning lack of standards Idaho has set for state Coroners.
“We have no standards whatsoever for when autopsies are to be conducted,” said Rep. Ilana Rubel. As a result, Idaho lawmakers are looking for a change when it comes to investigating suspicious deaths.
A state-wide, multi-year study by The Office of Performance Evaluations revealed Idaho lags behind other states, with autopsies performed in fewer than 4% of deaths between 2018 and 2022. Nationwide that number doubles to almost 8%.
“The overwhelming majority of child deaths are investigated in other states and not in Idaho,” said Rep. Rubel.
We spoke with Ada County Coroner Rich Riffle, who provides autopsy services for a majority of Idaho coroners.
“Out of county [coroners], they bring their autopsy cases here. It’s rare that we would go to them to help with an investigation [but] we will try dang hard. If they ask, we’re going,” said Coroner Riffle.
Coroner Riffle sees firsthand the difficulties small counties face regarding suspicious deaths.
“[In] the smaller counties, you have part-time people— you know farmers, plumbers, all these people working to put food on the table for their family… oh ‘yeah by the way could you go out and do this while you’re at it?’ So it’s like, death investigations: they care, but it’s not at their frontal lobes,” explained Coroner Riffle.
Rep. Rubel, points to the high-profile murder of Tammy Daybell in 2019, Who was quickly deemed a natural death and buried without an autopsy.
Her body had to be exhumed months later as part of an investigation that eventually led to a murder conviction for Chad Daybell.
“We would really like to see a system where we have a little bit more uniformity and access to resources where maybe the state provides some type of medical expertise,” said Rep. Rubel.
“State-wide standards I think would be a good thing, absolutely. The bottom line is still going to boil down to resources. We could have the best standards on the planet but if you don’t have the resources to do it…” nothing will happen explained Coroner Riffle.
Rep. Rubel says she and other lawmakers have started to draft legislation, and she hopes to see a bi-partisan effort to improve suspicious death investigations across the state. Coroner Riffle says he is interested in being a part of those conversations.
We’ll continue to follow this topic throughout the legislative session.
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