it's a victory for the prosecution before kohberger's trial starts this summer. he has pleaded not guilty. jonathan vigliotti is following the case. >> reporter: just months before bryan kohberger is set to go to trial for allegedly stabbing four university of idaho students to death in 2022, a judge wednesday denied the defense's request to throw out key evidence investigators say they used to link kohberger to the murders. >> there is an expectation of privacy in one's dna that society is willing to recognize. >> reporter: the defense had argued law enforcement violated kohberger's constitutional rights by using genetic genealogy databases to help identify him as a suspect. investigators say they compared dna recovered from a knife sheath found at the crime scene to samples submitted by the public for ancestry tests. however, the murder weapon has not been found. >> what they're taking issue with is essentially the manner and means by which investigators went about connecting kohberger's dna to the knife sheath dna. the attorneys are saying that that was agains

that includes dna, which prosecutors say directly links kohberger to the crime scene. now, his lawyers have challenged how police search warrants were granted, as well as how the collection of dna led authorities to kohberger in the first place. >> the fbi worked with the trash collector and had them go just to get that trash, and then take that trash somewhere else. i think it is different when you have the fbi telling the trash man what to do. >> kohberger's trial is scheduled to begin in august. if convicted, he could face the death penalty. the family of kaylee goncalves reacted to the judge's ruling yesterday, saying, praise the lord. >> a woman pulled from a burning pickup truck is talking about the terrifying moments before she was pulled to safety. we told you about the mesa, arizona, crash yesterday. amy ruiz wound up trapped in her pickup after being rear ended tuesday morning, and that is when her vehicle burst into flames. ruiz was worried she would not survive. >> this was like real life. it was real. and i could have been dead like a second longer, a minu

bryan kohberger's attorney says the genealogy violated his rights.ial now? >> it's such an uphill battle for the defense attorneys. we know the blood was found in the sheath of the night. they were able to find the igg, the acronym, to the trash in the kohberger home. and the attorneys did try their biggest shot, but there's evidence we're pretty sure that the defense was going to use that there was other blood ple present in the home that did not match anyone, but blood drops are others on the railing. that's what the defense attorney is going to focus on. there's blood in the house that does not match bryan kohberger, didn't match the murder victim and didn't match others in the home and they'll zero in on that and try to determine what the other blood samples were pertaining to and say that's the alleged killer not bryan kohberger. that's pretty much the way they'll have to do because at this point tying the sheath to bryan kohberger through the dna testing and it was found in the garbage. you don't have a proprietary interest in garbage that you'

kohberger alone.t 7 a.m. what this means for the summers trial with your gma first look, i'm kayna whitworth, abc news, los angeles. >> still ahead how chipotle is preparing for what the company is calling burrito season. but first a check on the weather with meteorologist drew tuma. >> isn't that like 365 here? >> i mean. >> you know. >> burritos eat it. >> all right. we just got the latest drought monitor in in the last ten minutes. and we do have some better news across southern california. so places like la county, ventura county, santa barbara county, we were able to really trim back the extreme drought conditions that deep red you see on your screen, because we had some very heavy rainfall last week. so better news across southern california. still across the state, severe and extreme drought covers about a quarter of the state. but that's better. this time last week, about 3,637% of the state, about a third of the state was underneath severe and extreme drought. so southern california got some

investigators say they used trash collected from kohberger's family home to match him as a suspect.e defense argued that kohberger's constitutional rights were violated because his dna was collected without a warrant. the judge found no expectation of privacy when it comes to evidence collected at a crime scene. and a bill working its way through utah state legislature is designed to protect children involved in social media content. utah representative doug owens authored the bill in response to a few incidents involving children who have been used primarily by their parents in online content. the bill requires content creators who make $150,000 a year from content featuring children, to set aside 15% into a trust fund, and gives those children the right to the money, and to ask social media platforms to take down the content when they turn 18 years old. that's something kevin frank, the ex-husband of convicted abuser and former influencer ruby frank, says his daughter wanted to see. >> really? you're selling your life, your privacy, your body and stories to the entire world. and a

kohberger. >> reporter: cell phone and e-mail records, surveillance footage, even kohberger's past amazonicant of all, the judge refusing to toss out dna evidence linking kohberger to the crime scene, including dna investigators found on the button of a knife sheathe left near the bodies of two victims, a statistical match to a swab taken from kohberger's cheek duringis arrest in 2022. >> our first point is it was an illegal search. >> reporter: the judge appearing deeply skeptical to toss out that dna. at a hearing last month. >> when there's a dna match between the dna and the sheath and mr. kohberger, isn't that probable cause every day and twice on sunday? >> reporter: now finding no constitutional violation from investigators initially running the dna through public ancestry websites to build a list of possible suspects, explaining kohberger exposed his dna to the public by leaving it on the sheath, thus forfeiting any reasonable expectation of privacy in the dna left behind. the judge similarly not persuaded that investigators couldn't sift through the trash outside his parents' hom

the judge denied bryan kohberger's request to exclude evidence from his trial.more. good morning. >> the judge ruled against every single motion filed by bryan kohberger's defense team and their effort to supress that crucial evidence, including dna. this ruling also revealing authorities believe kohberger was potentially destroying evidence from a vehicle related to the homicides, and that's why they quickly moved in for that late night arrest. a sweeping win for the prosecution in the idaho murders case this morning. the judge denying all motions from bryan kohberger's defense team to keep critical evidence out of the upcoming trial. >> this is a situation where this identification was done in complete secret, behind closed doors. >> reporter: the lead defense attorney anne taylor, who said her client, bryan kohberger, is innocent, leaned heavily on trying to discredit a surviving roommate's account of what happened the night of the quadruple murders. >> credibility is really important when that person is relied on in the investigation. >> reporter: kohberger'

detectives are noting bryan kohberger dna was found on the knife found at the scene. his trial gens august 11. if found guilty, he could face death penalty. this is wild. democrats in frenzy in firs doge committee labeling elon musk as an evil man trying to take over america. >> let me tell you something -- >> your time is expired. your time is expired. >> reign in this rogue actor. >> time is expired. >> carley: the j gentle lady wa not a gentle lady. who is help ing? more on that coming up. i told myself i was ok with my moderate to severe rheumatoid arthritis symptoms... ...with my psoriatic arthritis symptoms. but just ok isn't ok. and i was done settling. if you still have symptoms after trying a tnf blocker like humira or enbrel, rinvoq works differently. rinvoq is a once-daily pill that can rapidly relieve joint pain, stiffness, and swelling as fast as 2 weeks for some. and even at the 3-year mark, many people felt this relief. rinvoq can stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower ability to fight infections. before tr

bryan kohberger is accused of killing four university of idaho students.llected on a knife sheath, family tree databases and d.n.a. coll collected from h at his family home. and this is a live look at tampa from fox 13, our affiliate there, one of the big stories there tonight, major league baseball begins testing a computerized system to call balls and strikes it. will be used in some spring training games. mlb says the system could be employed to aid umpires but not replace them. it could potentially go online as early as 2026. that's tonight's live look outside the beltway from "special report." we'll be right back. ♪ i'm a robot ♪ i'm a robot ♪ eed, and the flavor you love. so, here's to now... now available: boost max! i had the worst dream last night. you were in a car crash and the kids and i were on our own. that's awful, hon. my brother was saying he got life insurance from ethos. and he got $2 million in coverage, all online. life insurance made easy. check your price today at ethos.com. (auctioneer) let's start the bidding at 5 million dollars.

that's pretty much the way they'll have to do because at this point tying the sheath to bryan kohberger through the dna testing and it was found in the garbage. you don't have a proprietary interest in garbage that you've discarded on the street. that's the biggest challenge to that. bryan: thank you for the breakdown for that. thanks for watching everyone back at home. i'm bryan llenas, fox news live continues with our own mike iemanuel right now. stay with us. >> six israeli hostages have been released today as phase one of a fragile cease-fire comes to an end, setting up a feature as phase two begin. tensions were high other the dispute over the body of the mother shiri bibas. we'll take you to tel aviv. and president trump announcing a after a leadership shake-up at the pentagon. i'm mike emanuel. the president is expected is at cpac this afternoon and expected to touch on many topics after his first month in office. and live in national harbor, maryland. hello, lucas. >> good afternoon, mike. there was a friday night massacre at the pentagon, president trump sacking the joint chief

prosecutors allege that kohberger broke into an off campus home and stabbed four university of idahotudents to death in november of 2022. if convicted, he could face the death penalty. >> in the east bay, we are expecting a second day of court proceedings being disrupted by a strike. clerks, court reporters and other staffers walked off the job yesterday at the superior court of alameda county. their union says staffing problems have the courts pressing workers to perform tasks they aren't trained for. >> we are not being afforded the knowledge that it takes to work in the courtrooms, and we need to work with accuracy and efficiency, and the courts are not allowing us to do that. they want to put legal processing assistance in the courtroom who have not been trained, who could possibly send somebody to jail. >> the county says the main issue is reaching an agreement over pay. the court system is facing a difficult budget situation due to state cuts. if you have jury duty or a court date today, you are still supposed to show up as scheduled. >> two bay area companies facing lawsuits.

. >>> in idaho, a judge has refused to toss out key evidence in the case against bryan kohberger, the man accused of murdering four college students in 2022. his legal team argued that police should have gotten a search warrant when they went through his family's trash for a dna sample. the judge rejecting that request which would have invalidated much of the evidence collected afterwards. he is set to go to trial this summer. >>> the white man who shot a black teen has died. lester shot then 16-year-old ralph yarl in 2023 when the teen mistook his house for where he was supposed to pick up his siblings. >> yarl was grazed in the head and shot in the arm but survived. >>> a fierce snowstorm, plus a brutal blast of arctic air delivering a dangerous double doozy for millions in the midwest and mid atlantic. icy roads creating hazardous conditions. a snowplow in topeka, kansas mangling a suv, hurting both drivers in one incident. the heavy snow is stretching into virginia where residents are urged to stay home. and the cold is here to stay with more to come. meteorologist angie lassman h

. >>> to idaho where a judge has just refused to toss out key evidence in the case against bryan kohbergerge students in 2022. laura jarrett is here. what does this mean for his defense? >> reporter: this is a huge blow to the defense team. all of the most damning evidence against him will come in at trial. cellphone records, surveillance footage. the dna evidence tieing him to the crime scene. he had tried to argue that the investigators violated his rights with the search. the judge not buying it. he is set to go to trial this summer. >> thank you. >>> the new details about the international burglary ring targeting international burglary ring targeting professional athletes. dupixent can help people with asthma breathe better in as little as 2 weeks. so this is better. and this. dupixent is an add-on treatment for specific types of moderate-to-severe asthma. it's not for sudden breathing problems and doesn't replace a rescue inhaler. it's proven to help prevent asthma attacks. severe allergic reactions can occur. get help right away for face, mouth, tongue or throat swelling, wheezing or

bryan kohberger charged with murdering four students inside a home in moscow, idaho. ago, the judge denying all defense requests to exclude evidence including critical dna evidence prosecutors say links him to the crime scene. his trial now set to begin in august. >>> the measles outbreak is expanding in west texas tonight. at least ten new cases since just friday. at least 58 cases so far. most of the patients are unvaccinated. health officials are working to vaccinate others to try to contain the outbreak. >>> when we come back here, that tennis star breaking down on the court. what she tells the umpire about who was in the crowd. >>> and later, that seal you saw right here, found in the street. what's happened now. that's true. but i take vyvgart hytrulo. same! it's the first major innovation in cidp treatment in over 30 years. vyvgart hytrulo has been proven to significantly reduce the risk of symptoms getting worse. and my cidp can be treated with once-weekly injections that take about 30 to 90 seconds. do not use vyvgart hytrulo if you have a serious allergy to

kohberger, isn't that probable cause every day and twice on sunday? >>> southern hilean criminals were charged in court. authorities say the alleged burglars are part of a south american theft gang that broke into at least six different homes between october and december of last year. >>> this is very, very concerning. >> 22-year-old british tennis star emma raducanu started crying before a match. it was in the first few rows during her match. he was ejected. the next day emma wrote it was a difficult experience yesterday, but i will be okay and proud of how i came back and competed. >>> rapper asap rocky was found not guilty in the 2021 shooting of his former friend. >> we, the jury in the above-entitled action, find the defendant not guilty. >> the rapper, whose real name is rakeem mayors, dove into the arms of his girlfriend rihanna. >>> boyz ii men went to capitol hill to make sure that artists get paid when radio stations play their music. >> these new artists never had to relay on radio. they rely on streaming, tiktok and all the things that wil

to the judge in the idaho murder case delivering a major blow to quadruple murder case bryan kohbergerg the jury will see dna evidence despite the efforts to have it tossed. the defense team brought up two unidentified male blood samples discovered by investigators after the stabbing death. he is accused of killing four university idaho students on an off-campus home in late 2022. his trail set to begin august 11th. if found guilty, he could face the death penalty. democrat congressman jasmine crockett said americans are not smart enough to disapprove of president trump as she explains approval ratings. here is what she said on the view yesterday. >> just like the election we have to do better at education and people don't understand, but you will understand when those hospitals in rural america start closing down even more. do you understand when you don't have social security. you wonder said mike stand when medicare and medicaid goes down and principle out of the sky. >> despite the congresswoman's comments, 70% of americans do play president trump is filling his promises. democrats

. ♪ ♪ >> todd: a judge in the idaho murder case delivering a major load to suspect bryan kohberger willce despite the effort to suppress the evidence. the defense team brought up two unidentified blood mail samples recovered by investigators after the deaths. bryan kbryan accused of killingr idaho students. his -- if found guilty he will face the death penalty. >> carley: a court ruling to block president trump's bid with birthright citizenship and now the issue could head to the supreme court. >> todd: chanley painter joins us with the latest. >> so this case is one of many legal challenges to trump's order on banning birthright citizenship that the first to head to appellate court to weigh and after trump filed emergency relief earlier this month but did not go their way. of three judges the night circuit panel said trump shoulde blocked from taking effect while the lawsuit plays out saying, "to constitute any emergency under the roles go to the government show an ability with specific policy at issue creates a serious risk of irreparable harm. the government has not made that showing

does bryan kohberger have standing to challenge the fact that his dna found at the scene with no expectationree off from him and ultimately resolved to him can he challenge that i would argue not most courts have upheld that and i think the dna comes in. >> that's a good point was standing did he have a family member wants to find out what percentage irish blood they have. it's hard to get the death penalty. it's almost impossible that the jury has residual doubt on the issue of guilt killing four people does warrant the death penalty in my judgment but couldn't make it harder to get a conviction because they are going for societies ultimate punishment. >> it's a very good point, that is certainly why the judge involved the two judges have entertained so many of the opposition, the defense motion this has dilatory tactics to try to find something to hang their hat on and not only devolves to the actual case but the penalty phase if and when he is found guilty it's possible you have a smart audience the very well important i'm going to say no stake in victim i think you're giving them the dea

a judge has denied several defense motions from brian kohberger's team to suppress key evidence. to him being charged for the murders of four students in 2022 at an off campus residence near the university of idaho. the ruling means that dna evidence, surveillance footage, and his cell phone and email records can be used in trial that is set to begin in august. >> kelly podesta. >> thank you very much, contessa brewer. coming up, two c-suite views on the state of real estate. after the break, we'll hear from the of tripoint homes on the headwinds facing homebuyers. and the owner of the iconic empire state building joins us to talk the health of office properties in manhattan. i am definitely asking him about congestion pricing as we head to break. here's a check on the dow hovering near session lows down 643 points. walmart is just a piece of that. we'll be right back. >> the number of public companies is shrinking while the number of private companies is increasing. at franklin templeton we're expanding access to the growing opportunity in private markets, offering the potential