Defense asks judge to ban the death penalty for man charged in stabbing deaths of 4 Idaho students

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Defense asks judge to ban the death penalty for man charged in stabbing deaths of 4 Idaho students

2024-11-08 08:32 Last Updated At：08:40

BOISE, Idaho (AP) — Attorneys for a man charged in the stabbing deaths of four University of Idaho students asked a judge to take the death penalty off the table Thursday, arguing that international, federal and state law all make it inappropriate for the case.

Bryan Kohberger is accused of the Nov. 13, 2022, killings of Ethan Chapin, Xana Kernodle, Madison Mogen and Kaylee Goncalves. Investigators said they were able to link Kohberger — then a graduate student at nearby Washington State University — to the crime from DNA found on a knife sheath at the scene, surveillance videos and cellphone data.

When asked to enter a plea last year, Kohberger stood silent, prompting a judge to enter a not guilty plea on his behalf. Prosecutors have said they will seek the death penalty if he is convicted.

During a pre-trial motion hearing, Kohberger's defense team made a broad range of arguments against the death penalty, saying in part that it does not fit today's standards of decency, that it is cruel to make condemned inmates sit for decades on death row awaiting execution and that it violates an international treaty prohibiting the torture of prisoners.

But 4th District Judge Stephen Hippler questioned many of those claims, saying that the international treaty they referenced was focused on ensuring that prisoners are given due process so they are not convicted and executed without a fair trial.

Prosecutors noted that the Idaho Supreme Court has already considered many of those arguments in other capital cases and allowed the the death penalty to stand.

Still, by bringing up the issues during the motion hearing, Kohberger's defense team took the first step toward preserving their legal arguments in the court record, potentially allowing them to raise them again on appeal.

The judge said he would issue a written ruling on the motions later.

Kristi and Steve Goncalves, the parents of Kaylee Goncalves, attended the hearing. Afterward they said the details of the case show the death penalty is merited.

“You've got four victims, all in one house — that's more than enough,” Steve Goncalves said.

Kristi Goncalves said she talked to the coroner and knows what happened to her daughter.

“If he did anything like he did to our daughter to the others, then he deserves to die,” she said.

Kohberger's attorneys have said he was out for a drive the night of the killings, something he often did to look at the sky.

His trial is scheduled to begin next August and is expected to last up to three months. The Goncalves family said they have rented a home in Boise so they can attend.

California wildfire burns out of control but firefighters could get a break when winds diminish

2024-11-08 08:38 Last Updated At：08:40

CAMARILLO, Calif. (AP) — A wildfire northwest of Los Angeles burned out of control for a second day Thursday after destroying dozens of homes, but officials said firefighters could get a break with fierce winds expected to subside by evening.

More than 10,000 residents remained under evacuation orders as the Mountain Fire continued to threaten some 3,500 structures in suburban neighborhoods, ranches and agricultural areas around Camarillo in Ventura County. The blaze, which broke out around 9 a.m. Wednesday, had zero containment, and the cause was unknown.

County fire officials said crews working in steep terrain with support from water-dropping helicopters were focusing on protecting homes on hillsides along the fire's northeast edge near the city of Santa Paula, home to more than 30,000 people.

Kelly Barton, 43, watched as firefighters sifted through the charred rubble of her parents’ ranch home of 20 years in the hills of Camarillo with a view of the Pacific Ocean. The crews uncovered two safes and her parents’ collection of vintage door knockers undamaged among the devastation.

“This was their forever retirement home,” Barton said Thursday. “Now in their 70s, they have to start over.”

Her father returned to the house an hour after evacuating Wednesday to find it already destroyed. He was able to move four of their vintage cars to safety but two — including a Chevy Nova he'd had since he was 18 — burned to “toast,” Barton said.

The National Weather Service said a red flag warning, which indicates conditions for high fire danger, would remain in effect until 6 p.m. Winds were expected to decrease significantly but humidity levels will remain critically low, forecasters said.

Officials in several Southern California counties urged residents to be on watch for fast-spreading blazes, power outages and downed trees during the latest round of notorious Santa Ana winds.

Santa Anas are dry, warm and gusty northeast winds that blow from the interior of Southern California toward the coast and offshore, moving in the opposite direction of the normal onshore flow that carries moist air from the Pacific. They typically occur during the fall months and continue through winter and into early spring.

The Mountain Fire was burning in a region that has seen some of California’s most destructive fires over the years. The fire swiftly grew from less than half a square mile (about 1.2 square kilometers) to more than 16 square miles (41 square kilometers) in little more than five hours on Wednesday. By Thursday afternoon it was mapped at nearly 31 square miles (80 square kilometers).

Marcus Eriksen, who has a farm in Santa Paula, said firefighters kept embers from spreading to his home, his vehicles and other structures even as piles of compost and wood chips were engulfed.

The flames were up to 30 feet (9 meters) tall and moving quickly, Eriksen said Thursday. Their speed and ferocity overwhelmed him, but the firefighters kept battling to save as much as they could on his property. Thanks to their work, “we dodged a bullet, big time,” he said.

Sharon Boggie said the fire came within 200 feet (60 meters) of her house in Santa Paula.

“We thought we were going to lose it at 7:00 this morning,” Boggie said Thursday as white smoke billowed through the neighborhood. She initially fled with her two dogs while her sister and nephew stayed behind. Hours later the situation seemed better, she said.

The Ventura County Office of Education announced that more than a dozen school districts and campuses in the county were closed Thursday, and a few were expected to be closed Friday.

Two people suffered apparent smoke inhalation and were taken to hospitals Wednesday, fire officials said. No firefighters reported significant injuries.

Utilities in California began powering down equipment during high winds and extreme fire danger after a series of massive and deadly wildfires in recent years were sparked by electrical lines and other infrastructure.

Power was shut off to nearly 70,000 customers in five counties over the heightened risk, Southern California Edison said Thursday. Gabriela Ornelas, a spokesperson for Edison, could not immediately answer whether power had been shut off in the area where the Mountain Fire was sparked.

The wildfires burned in the same areas of other recent destructive infernos, including the 2018 Woolsey Fire, which killed three people and destroyed 1,600 homes near Los Angeles, and the 2017 Thomas Fire, which burned more than a thousand homes and other structures in Ventura and Santa Barbara counties. Southern California Edison has paid tens of millions of dollars to settle claims after its equipment was blamed for both blazes.

Weber reported from Los Angeles. Jaimie Ding and Stefanie Dazio in Los Angeles; Ethan Swope in Camarillo; Eugene Garcia in Santa Paula; Amy Taxin in Orange County; Kathy McCormack in Concord, New Hampshire; and Sarah Brumfield in Washington, D.C., contributed to this report.