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.”
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.
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.
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
Idaho Falls City Council delays vote on proposed alcohol ordinance – Local News 8
IDAHO FALLS, Idaho (KIFI) – A controversy is brewing as the City of Idaho Falls reviews its alcohol ordinance.
The goal is to consolidate four existing ordinances for beer, wine and liquor into a single law and ensure compliance with state code.
However, at its meeting last Thursday, the Idaho Falls City Council unanimously voted to remove the proposed ordinance from its agenda, in order to receive and consider additional public comment.
The proposed ordinance would:
1. Require commercial establishments selling, dispensing or permitting consumption of alcohol – including beer, wine or liquor – to have an alcohol license, alcohol catering permit or a charitable event permit.
2. Business events with 20 or less employees consuming alcohol at the business would be allowed.
3. Require alcohol servers to complete training every three years.
4. Individuals who violate the law could be charged with a misdemeanor.
Idaho Falls City Council President Jim Francis said the changes were the culmination of months of collaboration between law enforcement, business owners and city attorneys.
“We wanted to provide a safe environment – the primary point here – for public gatherings,” Francis said. “We recognize that certain antiquated elements of the current code are overly restrictive and needed to be addressed. We wanted to make the code more accessible to the public. We needed to address over-pouring issues. We wanted to reduce penalties where possible for violations, particularly the first offenses, and yet make the code clear enough to be enforceable consistently by law enforcement.”
But City Council Member John Radford said the changes represent an overreach by city government.
“I believe it’s a bad policy. What problem are we solving in the name of trying to solve a non-problem?” Radford said. “We’re becoming big brother around alcohol in your private property. I’m concerned that landlords will be at risk of being charged with a misdemeanor if they knowingly, which I made sure that was in there, because that is what we’ve been talking about, allowed people to drink in our business. We will be outside the norm of Idaho cities. This is a big step, and I don’t think the public has weighed in on this.”
At a City Council Work Session on June 1, Idaho Falls Chief of Police Bryce Johnson cited an increase in alcohol-related crime – particularly downtown – as a reason for the changes.
“DUI is there, but this would include sexual assaults, assaults, batteries, disturbances, urination, public vandalism, shooting – all sorts of crimes,” Johnson said.
But business owners are concerned about the potential impact on commercial enterprises.
“The ordinance doesn’t address the real problem – which is people drinking … at one event and then showing up in a bar or restaurant already hammered and causing problems anyway,” ” said Terri Ireland, representing the Idaho Falls Downtown Merchants Association. “The industry is really well-regulated by state and local laws already.”
The City of Idaho Falls began the process of updating its alcohol ordinance in January 2026, seeking input from community stakeholders.
Multiple community members spoke out about the ordinance.
For more in-depth information, you can read the full 39-page proposed alcohol ordinance here.
Idaho
Idaho attorneys rebuff DOJ threat to prosecute Secretary of State in voter roll dispute
BOISE, Idaho (CBS2) — A simmering dispute between Idaho’s top elections official and the U.S. Department of Justice escalated this month after federal officials warned Secretary of State Phil McGrane about possible prosecution tied to non-citizens voting in Idaho.
The Justice Department sent a letter earlier this month threatening McGrane with prosecution. The warning came amid a broader conflict between the Trump administration and McGrane, whom the administration has sued over his refusal to provide unredacted voter rolls to the federal government.
Idaho’s chief of civil litigation, James Craig, responded on July 10. In a letter first reported by the Idaho Statesman, Craig pushed back on the federal warning, writing, “Insinuations of criminal violations of the federal election laws are not well taken,” and asking the department to “stop threatening your friends in Idaho.”
Craig also requested that the lawsuit against McGrane be dismissed and criticized the Justice Department for sending its letter directly to McGrane rather than to the Idaho attorney general’s office.
The attorney general’s office said the state has already referred 15 cases of possible non-citizen election violations to the Justice Department but is not aware of any of them being prosecuted. Craig’s letter ends by asking the department to do so.
Idaho
Idaho Property Taxes are Here to Stay
The Idaho Legislature won’t eliminate property tax next year. My bold prediction. There will be a few bills introduced, a lot of chatter on talk radio and online, and then action will be kicked down the road. If it looks like a winner in the 2028 Election, it’ll sail through in session a few weeks before the 2028 Primary. Wet an index finger and raise it in the air. Then vote.
As an old Libertarian (with a capital L), I’m familiar with the basic argument. If you own it, why do you have to pay rent? The answer always comes back to, “It’s the best system we have to fund local governments”. Forms have been in place since colonial times, even if scattered geographically. The idea gained steam in the years after the Civil War when a handful of economists blamed property ownership for growing poverty in cities. Property accrued value as space became a premium. So-called reformers believed the tax would balance economic inequality, and appealed to noblesse oblige.
Your Taxes Get Sprinkled Like a Good Rain
I live in Twin Falls County, where we have 78 taxing districts that rely on the current system. If you ask what can replace it, you’re called a Republican in name only (RINO) by compatriots. Obviously, not everything funded by the tax is a waste. First responders and snow plows come to mind. It makes me think of the calls to gut the federal government, but while maintaining Social Security and Medicare. The former makes up nearly a quarter of the budget. Medicare is only 14 percent, but additional health spending brings the tab to another quarter. Historian Niall Ferguson grew up in Scotland, and he summed up Great Britain a couple of weeks ago. People want more, not less, welfare spending. Are we different?
Before anyone in Boise wipes out property tax, legislators need to consider what voters want to stay, and how to fund it otherwise. If they don’t, they’ll see a backlash at the ballot box. Just because I say I want taxes reduced, I didn’t mean the programs that benefit me! The answer won’t be available over 90 days next year.
More than 20 years ago I hosted a weeklong series on tax alternatives. Among the proposals we examined were Flat Tax, Fair Tax, and Automated Payments Tax. People are most familiar with the first. Everyone pays a flat percentage. Say 12 to 15 percent. Of income, I guess. Of course, we need to define income. Professor Gad Saad is leaving Canada for a job in the United States and has to pay an exit tax based on his estimated assets. Estimated is the dirty word! That’s left to bureaucrats.
This Requires Study and Gaming Outcomes
Go ahead and adopt the flat tax, and please the conservatives, however. Many people, even on the right, have paid very little when it comes to present income confiscation. See how they react when they get a wake-up call. The Fair Tax is a national sales tax of 23 percent. Or it was the percentage proposed 20 years ago. That sounds large, but when you consider your overall tax burden right now, if it replaced what currently exists, you would be better off. This isn’t to say that local governments wouldn’t institute their own taxes. If you live in a blue state or city, that’s a given. Proponents argue that citizens have the option of not paying taxes if they choose not to buy. Obviously, you need to buy some things, unless you’re destitute and living exclusively on handouts.
Automated Payments Tax (APT) is a 1 percent charge on every transaction. A company buys steel to build trucks; it pays 1 percent on the steel. And on every other purchase. The dealer buys the truck for his lot and pays one percent. You buy from the dealer and pay one percent. An economist at the University of Indiana told me it would cover the federal budget. We had that conversation in 2005, when the national debt wasn’t even a quarter of what we see today. None of these plans address the debt, but if state and local governments are creative, maybe we can find something that replaces property taxes.
What we’ll get is a commission from the politically connected who’ll meet once a month for bagels and orange juice. In three years, they’ll provide a solution that works best for them.
Highest Gas Taxes By State in the U.S.
Here are the top 10 states for gas taxes.
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