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 transportation leaders spotlight motorcycle deaths
“Mostly what we’re seeing is riders riding above their skill level, also complacency,” Nakashima said. “When you’re riding a motorcycle, it’s probably just a good idea to ride as if you’re invisible — assume that cars can’t see you.”
According to 2024 ITD data, there were 629 motorcycle-related crashes and deaths on Idaho roads. This includes 47 fatalities that represent a 17.5% increase from 2023. Of these crashes, 86% of motorcyclists were injured and 35% of fatal motorcycle crashes involved an impaired rider.
Josephine Middleton, the Idaho Transportation Department’s highway safety manager, said as of Monday there have been 66 lives lost on Idaho roads this year, a value significantly lower compared to this time last year that Middleton noted may be influenced by high gas prices directly impacting the number of trips taken.
Though gas prices are discouraging trips for some, Sunshine Beer, director of the Idaho Skills Training Advantage for Riders (STAR) Motorcycle Safety Program, said motorcyclists are hitting the road earlier with the sparse winter observed in the first quarter of the year.
Lane Triplett, a member of the Motorcycle Safety Task Force of Idaho (MSTF), said he has used his role to review each motorcycle fatality in the state since 2009 and the myriad ways motorcyclists have lost their lives on Idaho’s roads and highways.
“Animal, road hazards, mechanical issues — all those really pale to rider error itself,” Triplett said. Triplett said his review of fatal crashes has consistently shown about 70% of fatal motorcycle crashes in Idaho have been the fault of motorcyclists while 20% of crashes were the fault of other vehicles. The remaining 10% is spread across various other environmental and vehicular variables.
Of the fatal crashes resulting from rider error, Triplett said about 30% stem from failing to navigate a corner. He said alcohol impairment, an issue observed nationwide, is also a major factor. The National Highway Traffic Safety Administration found that 40% of riders who died in single-vehicle crashes across the country in 2024 were impaired by alcohol.
Idaho
Woman sentenced to prison for role in Idaho Falls hotel prostitution business – East Idaho News
IDAHO FALLS — A 62-year-old woman was sentenced to prison for prostitution trafficking on Friday following an intense hearing.
Seventh District Judge Brendon Taylor sentenced Xue Fang Lu to five years fixed and 15 years indeterminate, meaning she could spend up to 20 years in prison. She will receive credit for the 252 days she has already served.
RELATED | New details in local prostitution case; charges temporarily dropped for former cop accused of human trafficking
Following a five-day jury trial, a jury on March 6 found Lu guilty of felony interstate trafficking of prostitution and felony procurement of prostitution related to an illegal massage business that was operated out of the Fairbridge Inn in Idaho Falls, from March to May 2024.
All of the charges will run concurrently.
The sentencing
During Friday’s hearing, as in many past hearings in this case, Lu demonstrated confusion and frustration with the court process. She continually interrupted other participants in the hearing, despite being repeatedly told to remain quiet by her defense attorney, Sean Bartholick, and the judge.
At one point, Lu held up a written sign to the camera and the gallery that read: “Double Jeopardy.” She argued through her court-appointed interpreter that she was a victim of being punished for the same crime twice.
According to Cornell Law, double jeopardy is defined as “being prosecuted twice for the same crime.”
In November 2024, Lu and her alleged former partner in the crime, Gordon Dennis Shaw, had their charges temporarily delayed due to Shaw becoming ill and unable to participate in court proceedings, according to Bonneville County Prosecutor Randy Neal.
Shaw, an 82-year-old former Idaho Falls police officer, later had all of the charges against him dropped.
RELATED | New details in local prostitution case; charges temporarily dropped for former cop accused of human trafficking
Shaw later testified in Lu’s trial but was never again charged. According to Neal, Shaw is elderly and unable to understand the court process.
After resuming her court proceedings, Lu was put on trial in September 2025, a process that ended in a hung jury when the jurors were unable to reach a unanimous verdict. A new trial was held in March, when a different jury unanimously found her guilty.
During the sentencing hearing, Taylor explained this to Lu multiple times, reiterating that she has been charged in only one case in Idaho.
Prosecution’s arguments
Neal argued that Lu should be sentenced to six years in prison fixed, and 18 years indeterminate due to the depravity of her crime and the horrific circumstances that she put the victim through.
According to Neal, Lu texted the victim about an arrangement for sex in which the customers were charged extra if they preferred to have unprotected sex.
“There’s actually a discussion of an arrangement for sex which included that the individual was paying more so that he would not have to wear a condom,” Neal said. “One of the texts between Ms. Lu and the victim in this case stated that, explaining that the sex was so severe, that she had been (expletive) hacked to death for $150.”
Neal says the victim in the case was convinced by Lu to come from California to Idaho, a place where she didn’t know anybody, and stay in the hotel at all hours, only leaving to be taken to Walmart to buy food.
“She was basically in an area that she knew no one. She had no support. She had no family or friends, and she had basically no money,” said Neal. “In addition to the victim, Ms. Lu was involving an 82-year-old man who, at the time, it appears was being taken advantage of by several individuals.”
Neal argued that Shaw was being taken advantage of due to his age, stating that Lu used him to contact the victim instead of doing it herself and to limit her “exposure.”
Bartholick objected to this claim, stating that Shaw was in good enough health that he testified for the prosecution during Lu’s trial.
“The state doesn’t get to have it both ways,” Bartholick said. “You can’t go to trial and present this persona as a source of evidence, and try to use it to get a conviction, and then show up at (sentencing) and somehow claim he’s a victim as well.”
RELATED | Former Idaho Falls cop charged with human trafficking and prostitution
Defense’s arguments
Bartholick argued that his client should be sentenced to probation or a retained jurisdiction, also known as a rider, due to her minimal prior criminal history and multiple issues throughout the case, including that Shaw’s charges were dropped and Lu’s were not.
“We have a clear case of selective prosecution, where the state wants to argue some outrage when Mr. Shaw was charged, and cases against him were dismissed,” said Bartholick. “You have a defendant that’s 62 years old with one single misdemeanor, and then you have a case where clearly there was at least an alleged co-conspirator.”

At sentencing, Bartholick and Neal repeatedly made slighting remarks toward each other, instigated by Bartholick, who taunted Neal about his recent election loss in the Idaho Primary for District 7 Judge.
At one point, the prosecutor and defense attorney were arguing over the credibility of a witness, and Neal stated that the questioning had “gone far enough.”
Bartholick responded that it’s “not your call.”
Neal said, “It’s not your witness.”
Bartholick retorted with, “It’s my objection.” He then told Neal, “You’re only 30% correct,” apparently referencing the recent election in which Neal received 30% of the vote for the judgeship. Neal’s opponent, District Judge Steven Boyce, won with 70% of the vote.
Taylor asked the two to stop the personal comments and attacks multiple times during the hearing.
Lu’s statement
Before Taylor made his ruling, Lu provided a statement to the court through an interpreter, repeating her concerns about double jeopardy, her current and past attorneys, and her arrest.
“I am innocent and a law-abiding person,” Lu said through the interpreter. “(The police) didn’t read me my rights; they didn’t have a search warrant.”
Lu also told the court that she was in a relationship with Shaw and that she was having trouble finding a job.
“Dennis and I loved each other at the time,” said Lu through an interpreter. “We often had a video call with my mom. In those video calls, my mom told us, ‘You need to take care of each other.’”
The ruling
Taylor told the court he believed the prosecution had successfully shown the evidence of the crimes and that the only answer was to sentence Lu to prison.
“The state put on sufficient evidence to show that Ms. Lu contacted the victim in California and assisted the victim in coming to the state of Idaho for the purpose of performing acts of prostitution,” Taylor said. “This is a victim-based crime that certainly puts the individual engaging in prostitution at substantial risk.”
Based on her prior court conduct, Lu was physically removed from the courtroom by multiple deputies.
=htmlentities(get_the_title())?>%0D%0A%0D%0A=get_permalink()?>%0D%0A%0D%0A=htmlentities(‘For more stories like this one, be sure to visit https://www.eastidahonews.com/ for all of the latest news, community events and more.’)?>&subject=Check%20out%20this%20story%20from%20EastIdahoNews” class=”fa-stack jDialog”>
Idaho
Idaho Chukar Foundation hosts rattlesnake, skunk, and porcupine avoidance training
BOISE, Idaho — Sixteen years ago, Drew Whalin’s dog got bitten by a rattlesnake, and ever since, Drew and the Idaho Chukar Foundation have put together training to help dogs and their owners avoid dangerous animals in Idaho.
“I never wanted to go through my dog getting bit by a rattlesnake again,” said Whalin. “The good news is the rattlesnakes we have here are the least toxic, but the bad news is we have more of them.”
WATCH | See these dogs react to real snakes during a training session—
Idaho Chukar Foundation hosts rattlesnake, skunk and porcupine avoidance training
The Idaho Chukar Foundation hosted its first avoidance training in Julia Davis Park, inviting dog owners to bring out their pooches to learn how to avoid rattlesnakes, skunks, and porcupines using a specific method.
“We do that by using a science that is called operant conditioning,” Whalin explained. “We associate a mild shock stimulation with the dog recognizing the snake and then having the dog owner praise the dog, so it is twofold.”
The foundation uses real snakes during the training sessions, and by the end, the dogs were improving at recognizing the snake and avoiding it.
The Arguedas family brought their dog Banjo, and they appreciate this public service.
“It would be horrible to have your dog bit or have something happen,” said Gretchen Arguedas. “We have been really thankful to have this over multiple hunting dog seasons, and with multiple dogs. Its been a nice insurance policy that we can get outside and feel safe.”
The skunk and porcupine training uses the same method, and the training also featured a booth with the Idaho Trappers Association, which gave dog owners tips on how to get their dog loose from a trap.
The event also included information on rattlesnake ecology, how important it is to have a plan, and what to do in case your dog gets bitten. Funds raised from the training will be used by the Idaho Chukar Association to improve wildlife habitat in Idaho.
If this piques your interest, the Idaho Chukar Foundation is offering additional training days at Julia Davis Park next Saturday, June 6. For additional event information, click here.
Send tips to Idaho Backroads neighborhood reporter Steve Dent
Have an Idaho Backroads story idea? Share it with Steve below —
-
Washington, D.C4 minutes agoLake City’s ArtFields helps bring S.C. stories to national stage in Washington, D.C.
-
Cleveland, OH6 minutes agoGuardians News and Notes: My Kingdom For Some Runs
-
Austin, TX12 minutes agoAustin Pets Alive! gets $10K donation, pet beds
-
Alabama19 minutes agoAlabama football in for some major recruiting news soon
-
Alaska21 minutes ago
After dispute, Assembly allows small-scale farmers to continue selling hay and feed in Anchorage neighborhoods
-
Arizona26 minutes agoNature: Cactus blooms in Arizona
-
Arkansas34 minutes agoKansas baseball earns chance at NCAA regional title, defeats Arkansas
-
California37 minutes agoCalifornia reports one of largest drops in homelessness in past year, Hud reports