University of Idaho murder trial: Venue will be moved, judge rules
Bryan Kohberger arrives for a hearing on cameras in the courtroom in Latah County District Court on Sept. 13, 2023 in Moscow, Idaho. (Ted S. Warren-Pool/Getty Images, FILE)
(NEW YORK) — The venue will be changed in the University of Idaho quadruple murder trial, Judge John Judge has ruled.
The judge said, “Considering the undisputed evidence presented by the defense, the extreme nature of the news coverage in this case, and the smaller population in Latah County, the defense has met the rather low standard of demonstrating ‘a reasonable likelihood’ that prejudicial news coverage will compromise a fair trial in Latah County. Thus, the Court will grant Kohberger’s motion to change venue for presumed prejudice.”
The new location was not immediately clear. The decision will be left up to Idaho’s highest court.
Lawyers for the suspect, Bryan Kohberger, pushed to move the trial to Boise, arguing the local jury pool in Latah County, which encompasses Moscow, was tainted by pretrial publicity.
Defense lawyers surveyed Latah County residents and said their results found that the “pressure to convict” Kohberger was shown to be “so severe” that the venue couldn’t be impartial.
The defense said one respondent answered they would “burn the courthouse down” if he were not convicted. The same survey, according to the defense, found “much less emotional” responses from people living closer to Boise, which is about 300 miles south of Moscow.
The prosecution has said the case has national and international interest, and that the case has been covered plenty in Boise, so a change of venue would not solve any problem.
The relatives of victim Kaylee Goncalves said they’re “incredibly disappointed” that the venue will be changed.
“As victims’s families you are left to just watch like everyone else and really you have little rights or say in the process and at the same time you are the most vested in the outcome,” the family said in a statement on Monday. “We have always felt that a fair and impartial jury could be found in Latah County and still believe that is where the trial deserves to be held to help the community heal.”
Moscow Mayor Art Bettge said in a statement in August that, if the case stayed in Latah County, “I firmly believe people would be able to set aside any personal feelings they have … set aside any information they may have read or heard … and make a determination of guilt or not guilty based on the evidence presented in the courtroom and deliberate according to the instructions provided to them.”
The trial is set to begin on June 2, 2025, and run until Aug. 29, 2025. The judge said in June that if the venue changed, the trial date would still hold.
Kohberger is accused of fatally stabbing four University of Idaho students in an off-campus house in the early hours of Nov. 13, 2022. Kohberger was a criminology Ph.D. student at nearby Washington State University at the time.
Kohberger was charged with four counts of first-degree murder and one count of burglary.
A not guilty plea was entered on his behalf. If convicted, he could face the death penalty.
A view of the damaged area at Asheville along with the western part of North-Carolina is devastated by the heavy rains and flooding after Hurricane Helene in Asheville, United States on September 30, 2024. (Peter Zay/Anadolu via Getty Images)
(NEW YORK) — Asheville, North Carolina, has been called a potential safe haven for climate refugees by real estate researchers, praised for its temperate mountain weather, distance far from the coast, experiencing less extreme heat and fewer wildfires.
The city of around 95,000 people was believed markings of a place where those escaping the harsh impacts of the climate crisis could go for safety.
Certainly, there are locations that are going to be able to withstand some of those impacts more than others, according to Dave Reidmiller, the director of the Gulf of Maine Research Institute’s Climate Center.
However, the fatal floods and landslides seen after Helene ripped through Buncombe County, which encompasses Asheville, highlight that “no place is truly untouched by climate change, anywhere in the world,” said Reidmiller. Asheville is nearly 400 miles away from where the storm made landfall in Florida last Thursday.
Experts say human-caused climate change has caused an increase in rainfall, increasing the severity and frequency of rainfall events, and more across the country. As extreme weather worsens amid global heating, the crisis is displacing people not just in the U.S., but around the world.
Because of this, Antonia Sebastian, a professor at The University of North Carolina at Chapel Hill’s Department of Earth, Marine and Environmental Sciences, doesn’t believe in climate havens.
The designation of a “climate haven” has been denounced by climate experts, who told ABC News that it’s not a widely accepted or official term and that the criteria is unclear.
“Climate change is sort of a pervasive issue that is going to affect communities all over the world — not equally — but definitely it will impact everyone, everywhere in some way,” Sebastian told ABC News.
Helene, which made landfall in Florida’s Big Bend region as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record. It traveled inland, hitting not just Florida, but also Georgia, South Carolina, North Carolina, Virginia and Tennessee.
Helene dumped more than 30 inches of rain on North Carolina, producing the biggest local flooding in recorded history. The path of the storm’s devastation has spanned more than 600 miles.
More than 30 people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, according to county officials.
“When you get a really extreme rainfall in mountainous regions, you see flooding, you see the potential for landslides. You see a lot more road washouts than you might in a coastal area with the same kind of storm. That’s that elevation component. The topography component really adds to the severity of the flooding that that people experience,” Sebastian said.
“It’s really not only the volume of water that’s really out like astounding — we’re talking thousand-year-levels of rainfall by some measures — but it’s the ferocity with which that water is flowing, the speed and the real intensity of the flood that they had to experience out there,” she noted.
Across Helene’s path, more than 100 people have been killed.
Kristina Dahl, senior climate scientist at the Union of Concerned Scientists, argues that society needs to move away from viewing some groups as refugees of the climate crisis and instead acknowledge the need for everyone to invest in measures that will make communities and individuals more resilient to extreme weather.
“What folks have experienced over the last few days of Hurricane Helene is unprecedented and terrifying, they’re certainly not alone in experiencing it,” Dahl said in an interview.
The international think-tank Institute for Economics & Peace estimates that 1.2 billion people could be displaced globally by 2050.
Despite Asheville’s status as a climate resilient city, Amber Weaver, its sustainability officer, announced earlier this year that it was in the process of developing a resilience assessment to adapt to the growing list of major climate-related dangers.
Reidmiller urged cities nationwide to invest in climate change mitigation and preparedness, adding that the cost of climate change — in both damages and human life — will continue to add up unless action is taken.
“You pay, frankly, pay for climate readiness now, or Mother Nature is going to charge you later with interest,” Reidmiller told ABC News. “As we rebuild, we kind of need to ask ourselves, do we need to rebuild higher, stronger, with different permitting and regulatory requirements to make sure that what we are building back is more capable of withstanding these stronger, more intense, more frequent, longer lasting, greater-in-spatial scale events?”
(WASHINGTON) — Last week, during a world-renowned law enforcement conference in Boston, two FBI agents briefed dozens of police chiefs and sheriffs on the wide array of threats to government officials, poll workers, candidates and voters that the FBI has been seeing in the days before next week’s presidential election.
The closed-door briefing, described to ABC News, lasted nearly an hour, highlighting not only physical threats tied to the election but also efforts by Russia and other foreign adversaries to convince Americans that the election results can’t be trusted.
When the FBI officials finished their briefing at the International Association of Chiefs of Police conference, there was only one question from the audience: What do the agents have to say about “2,000 Mules,” a two-year-old documentary that claims to expose widespread voter fraud in the 2020 election?
The film has been widely debunked, and its distributor went so far as to remove it from its platforms earlier this year.
In response to the audience member’s question, the agents said they hadn’t seen the film and couldn’t comment on it if they had.
Still, the exchange reflects how conspiracy theories about elections — and the FBI’s alleged efforts to tip their outcomes — have become so embedded in parts of America that even some law enforcement officials wonder about them — even after they’ve been refuted.
Current and former FBI officials say that the penetration of false narratives has put the FBI in the tough position of trying to defend election officials and voters against myriad threats, while also having to defend the FBI itself in ways it’s never had to before.
“It speaks to just the volume of conspiracy theories … [and] the divisiveness that we’re seeing across the country that the FBI has to navigate,” said Eric Miller, who as a supervisory special agent in the FBI’s Washington, D.C., field office until 2021, oversaw a squad that investigated election crimes and public corruption.
The FBI told ABC News in a statement that its mission is “to protect the American people and uphold the Constitution,” and that its people work “every day to fulfill these promises without fear or favor.”
‘A different environment’
As with every election, the FBI is expected to investigate election-related threats, allegations of ballot fraud, suspected foreign interference, and other reported attempts to disrupt the election process.
“In keeping with our standard Election Day protocol, FBI headquarters will stand up a National Election Command Post to provide a centralized location for assessing election-related threats … [and to] track status reports and significant complaints from FBI field offices,” the FBI said in its statement to ABC News.
But while the bureau’s responsibilities will be the same as always, some feel this year’s election presents an unprecedented challenge.
“This is a different environment than we’ve ever had to deal with,” a former senior FBI official who was involved in the FBI’s election-related operations in 2016 and 2020 told ABC News.
As voters head to the polls, they’re casting their ballots nearly four years after a violent mob stormed the U.S. Capitol in an effort to stop Congress from certifying the last presidential election. Just four months ago, a Pennsylvania man nearly assassinated former President Donald Trump at a campaign rally, and three weeks ago the FBI arrested an Afghan immigrant in Oklahoma for plotting an Election Day terrorist attack on behalf of ISIS.
Federal authorities also continue to warn that other “threat actors” are “likely to leverage claims of election fraud” to foment election-related violence, as a Department of Homeland Security assessment put it earlier this week. According to officials, Iran is determined to assassinate Trump and some of his former top advisers, Russia won’t back down in its malicious campaign to sow chaos and influence the election, and China is trying to hack the phones of both political parties.
‘A challenging spot’
Meanwhile, the FBI has itself been accused by Trump and his allies of trying to influence the election, through its investigations of Trump, its search of his Mar-a-Lago estate, and the Justice Department’s handling of cases tied to President Joe Biden and his son Hunter.
“It’s called election interference. It’s called the weaponization of the FBI,” Trump said at a campaign event in Georgia last week. The former president has reportedly vowed to fire FBI Director Chris Wray if he wins reelection — even though it was Trump himself who picked Wray to lead the bureau in 2017.
The FBI has strongly disputed that it’s influenced by politics in any way.
“[W]e remain firmly committed to carrying out our mission while protecting the civil liberties of the citizens we serve,” the FBI said in its statement to ABC News.
The politically-charged atmosphere has led the FBI to become a target of violence. In 2022, after the FBI searched Mar-a-Lago, an Ohio man reportedly issued an online “call to arms” and then opened fire at the FBI’s field office in Cincinnati.
Several months later, authorities arrested two Tennessee men for allegedly plotting attacks on FBI agents in Knoxville. And earlier this year, a South Carolina man who reportedly espoused right-wing conspiracy theories rammed his vehicle into a gate at the FBI’s office in Atlanta.
The FBI is in “an awkward, challenging spot,” the former senior FBI official said.
’24/7 command post’
According to FBI officials, the bureau has spent months “engaged in extensive preparations” for Election Day.
“As always, we are working closely with our federal, state, and local partners so everyone involved with safeguarding the election has the information and resources necessary to respond in a timely manner to any criminal violations that may arise,” the FBI said in its statement.
FBI headquarters is planning to keep its National Election Command Post operational until at least Nov. 10, reflecting how authorities are concerned about what might happen even after the polls close on Nov. 5. The command post will include senior officials from the FBI’s counterterrorism, criminal, counterintelligence and cyber divisions.
And FBI leadership has told each of the agency’s 55 field offices to set up their own form of a “24/7 command post” — though what that actually looks like in each case will vary depending on the office’s size and location, and any developments in the field, ABC News was told.
“Some of it is a ‘command post’ in the sense of making sure if something happens, we have the requisite people there,” including lawyers and leaders who can make quick decisions, the former FBI official explained. “It’s not [necessarily] like a command post you see on TV with 20 people in a room monitoring the TVs and the security cameras.”
As described to ABC News, the FBI field offices will be prepared to receive any reports of threats or criminal conduct from state or local officials, including election boards and law enforcement agencies. The field offices will then triage the reports and send them to the command post at FBI headquarters, where the information will be cross-referenced with classified intelligence and information coming in from other field offices.
“The Phoenix field division is not going to know what is going on in Chicago at the same time,” Miller said, so “that allows the FBI to see patterns of threat activity” and determine if something bigger might be unfolding across the country.
The command post would then “provide guidance to FBI field offices” and “coordinate any FBI response to any election-related incident,” the FBI said in its statement.
Based on the current environment, “we expect our federal law enforcement agencies to be on standby for an election that years ago would be no problem whatsoever,” the former FBI official said.
“You hope someday the bureau doesn’t need to do a command post,” he said. “Maybe that day will come — but that day is not now.”
Alan Eugene Miller — Alabama Department of Corrections
(ATMORE, Ala.) — Alabama carried out the second-ever nitrogen gas execution in the United States on Thursday.
Alan Eugene Miller, 59, was sentenced to death for the 1999 murders of his then-coworkers Lee Holdbrooks and Christoper Scott Yancy, and his former supervisor Terry Lee Jarvis.
Miller was executed after 6 p.m. CT at the William C. Holman Correctional Facility, a state prison in Atmore, Alabama. His time of death, according to Gov. Kay Ivey’s office, was 6:38 p.m.
“Justice has been served,” Alabama Attorney General Steve Marshall said in a statement. “After two decades, Alan Miller was finally put to death for a depraved murder spree that cruelly took the lives of three innocent men.
“I ask the people of Alabama to join me in praying for the families and friends of the victims, that they might now find peace and closure,” Marshall’s statement concluded.
Miller was initially sentenced to be executed in September 2022 via lethal injection, but it was called off after officials had trouble inserting an intravenous line to administer the fatal drugs and were concerned they would not be able to do so before the death warrant expired.
Prior to the botched execution, the state had considered carrying out the death sentence via nitrogen hypoxia, according to the Death Penalty Information Center, a nonprofit that provides data and analysis on capital punishment.
In November 2022, Alabama officials agreed not to execute Miller by lethal injection again but said if they made a second effort, the state would use nitrogen hypoxia as the method, the DPIC said.
In May 2024, the Alabama State Supreme Court agreed to let the Department of Corrections carry out Miller’s death sentence by nitrogen hypoxia.
It comes after Alabama became the first state to execute a prisoner, Kenneth Eugene Smith, by nitrogen gas in January of this year.
Nitrogen hypoxia is the term for a means of death caused by breathing in enough nitrogen gas to deprive the body of oxygen — in this case, intended to be used as a method of execution.
The protocol in Alabama calls for an inmate to be strapped to a gurney and fitted with a mask and a breathing tube. The mask is meant to administer 100% pure nitrogen, depriving the person of oxygen until they die.
About 78% of the air that humans breathe is made up of nitrogen gas, which may lead people to believe that nitrogen is not harmful, according to the U.S. Chemical Safety Board.
However, when an environment contains too much nitrogen and the concentration of oxygen becomes too low, the body’s organs, which need oxygen to function, begin shutting down and a person dies.
State officials have argued death by nitrogen gas is a humane, painless form of execution and that the person would lose consciousness within seconds of inhaling the nitrogen and die within minutes.
Three states — Alabama, Mississippi and Oklahoma — have approved nitrogen gas as a form of execution and Ohio lawmakers introduced a bill earlier this year to allow execution by nitrogen gas.
However, medical and legal experts have told ABC News that nitrogen gas as a method for execution is untested and there’s no evidence the method is any more humane or painless than lethal injection.
Dr. Joel Zivot, an associate professor in the department of anesthesiology at Emory University School of Medicine, said he reviewed Smith’s autopsy which showed blueness of the skin, pulmonary congestion and edema, which he says indicated that he died from being asphyxiated “slowly and painfully.”
“If that’s what Alabama thinks is a job well done, well then there seems to be a wide disagreement on what a job well-done means,” he told ABC News. “So, if this is again, what they intend, then they intend to kill him cruelly, and they will intend to kill Alan Miller in the same cruel way.”
Zivot has previously reported analyzing autopsies after lethal injection cases and reports finding that many show signs of pulmonary edema. In 2020, NPR said it expanded this work by analyzing over 200 autopsies after lethal injection and reported that signs of pulmonary edema were mentioned in 84% of the cases it reviewed.
Attorney General Steve Marshall described Smith’s execution as “textbook” but Zivot said it’s hard to describe nitrogen hypoxia as “textbook” and that it’s a “proven method” when it’s never been a tested method.
“I recognize that [people were] murdered and that what is at stake here is a very, very serious problem,” he said. “We’re not saying that Kenneth Smith or Alan Miller have become saint-like men as they have been incarcerated. It doesn’t matter whether they’re good or bad at this point with respect to how their punishment should be delivered. That doesn’t give us license to torture them.”
