Drake Trying To Set Aside Deposition Request Files Motion to Get Out of It

Drake is trying to put the kibosh on getting deposed in the XXXTENTACION murder trial — and he's making some legal moves to try to get out of it.

The rapper filed a motion, through his attorney Bradford Cohen, asking the judge to set aside the subpoena requiring him to sit for a private deposition in late February.

As we reported, the judge was persuaded by arguments made by defense attorney Mauricio Padilla to call Drake as a witness in the case. Padilla represents Dedrick Williams, one of three defendants charged with killing XXX. The murder trial for the 3 men began last week.

According to the docs, obtained by TMZ, Padilla sent Drake a ZOOM link for the deposition without putting it under seal, which could have compromised Drake's security given that he’s an international star.

Several days later, the docs say Padilla filed a notice with the court but failed to include details on how the ZOOM interview with Drake would be conducted. As a result, Drake says the subpoena was procedurally defective.

Per the motion, Drake also claims his name never appeared in the investigative files and there's nothing to suggest he has any relevant knowledge about the case ... he believes it's unreasonable to ask him to sit for a deposition and says doing so is just an attempt to "add more layers of celebrity and notoriety to a tragic and unfortunate event."

The judge has yet to make a final ruling on Drake's motion.

BTK Serial Killer Oklahoma Cops Eyeing Him In '76 Missing Persons Case

The BTK serial killer is back on police radar ...but this time we're told it's to see if he has any connection to the disappearance of an Oklahoma teenager back in 1976.

BTK (real name: Dennis Rader) tells TMZ…he was interviewed January 20 by Osage County Sheriff, Eddie Virden and three other investigators at El Dorado Correctional Facility in Kansas. That's where BTK is serving 10 life terms for killing 10 people from 1974 to 1991. He was captured in 2005 after sending police taunting letters using the moniker, "Bind, Torture, Kill."

Rader said the Osage County cops wanted to know if he was involved in the disappearance of 16-year-old Cynthia Dawn Kinney in Pawhuska, Oklahoma, on June 23, 1976. Kinney was reportedly last seen leaving Osage Laundromat and getting into a beige 1965 Plymouth Belvedere with two people under suspicious circumstances. No one has been arrested.

BTK said police thought he might have a connection to the Kinney case because he was actively committing murders in Wichita, Kansas, during that time frame. Wichita is only about a 2-hour drive to Pawhuska.

The killer also said cops asked him about his connection to Oklahoma and the Boy Scouts. BTK admitted he was in Oklahoma as a Boy Scout, but several years before and after 1976.

BTK categorically denied any involvement in the Kinney case.

Sheriff Virden confirmed to TMZ…he and the other investigators visited BTK in prison to interview the serial killer in a roundabout way regarding the Kinney case.

Virden said investigators were pursuing leads and doing their due diligence to see if BTK fits into the Kinney case considering his criminal activities around that time.

Virden said, “There’s similarities between the time frames. She disappeared in daytime – most of [BTK's] stuff occurred in daytime hours. Some of the stuff that motivated [BTK] -- there are similarities,” but Virden declined to further elaborate.

During the interview, Virden said he also gathered personal information from BTK about his early life, military service and his murders.

Virden ended with this..."There’s additional research going to be done to either rule [BTK] in or out."

Michael Irvin Alleged Witnesses Recount Story After Misconduct Allegation

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TMZSports.com

Michael Irvin was pulled from NFL Network's Super Bowl coverage after he was accused of misconduct by a woman in a hotel lobby, but now two alleged witnesses are coming to the Hall of Famer's defense.

TMZ Sports spoke to Phil Watkins, a man from Australia, in Arizona on Thursday, who says he watched and listened to the interaction between 56-year-old Irvin and his alleged accuser, an interaction he described as "positive" and "friendly".

Watkins says he was hanging out with his buddies, taking photos with the Hall of Famer outside the hotel where Michael was staying. As they walked inside, the witness says Irvin was approached by a woman as he was trying to go to the elevator.

Sources close to Irvin say this is the woman who made the allegation against him.

We asked Watkins to describe what he saw.

"It was a positive, friendly conversation. They had a brief interaction, it was 30, 40 seconds, he kept his distance at all times, stood about a meter away from her, they ended with a handshake and he literally turned around and went to the lift."

We doubled down, asking if there was anything that could've been interpreted as being improper.

"Not at all. Not at all. There was a little bit of laughter. Obviously a jovial conversation. Nothing untoward for me to actually take notice of what was going on," Watkins said.

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We also talked to a second alleged witness, Bryn Davis from Philadelphia, who echoed Watkins' story.

"We walked back to go into the bar, [Irvin] went straight to go to his hotel room, and I guess somebody that worked there, I don't know if it was a waitress or a bartender I guess came up and said, 'Hey Michael Irvin.' And he said, 'Oh, nice to meet you, I'm Michael' and shook her hand."

"The crazy part was it was like a 30-second interaction. It could've been a minute. I didn't really think much of it 'cause it was just a fan kind of thing."

Davis provided our photog with the photograph he took with his friends and Irvin.

Later in the week, Davis says he was in shock when he read Michael had been accused of misconduct because they'd just taken a photo together. But, then he says he realized he'd witnessed the alleged incident and was shocked.

"I woke up I guess this morning and saw this thing that said, 'Michael Irvin [misconduct]', and I was like, God, I just took a picture with that guy, I can't believe it.' and then I read it and it was from the night I was there and I was like, this is baffling, cause I saw it and I never witnessed something like that happen before."

Asked to describe the interaction again, Davis repeated ... "It was about a 30-second interaction that was jovial, like a fan interaction, and she went back to work."

We asked Davis if anything he saw would explain Irvin being booted from NFLN.

"That's why this morning I felt sick when I saw it because it's the first time I was ever, firsthand experience where something like that happened that was just fabricated. It was a totally normal conversation."

"And the bar was relatively packed. It was a quick conversation in a crowded area. He went on his way and I never thought about it again."

Davis also explained why he's decided to speak out.

"I'll say this, man. I'm from Philadelphia. I grew up and Michael was our enemy. But he's a super, super, super nice guy, and that's why I felt like I needed to say something only because he's a good dude and to have that happen and have your livelihood or career taken is crazy. It's not fair so it was worth coming out and saying something."

As for the specifics of the allegations, virtually nothing is known about what the woman says happened.

We broke the story on Thursday ... Irvin is seeking $100 million from the Renaissance, accusing the hotel of "railroading" him in an attempt to unjustly cancel him.

Michael briefly spoke on the radio earlier in the week and said he was "totally perplexed" by the situation.

We reached out to the police to ask if an investigation had been launched ... and they referred us to the NFL.

Irvin was set to be one of the faces of the NFL Network's Super Bowl LVII coverage.

Vernon Davis Vontae's 'Doing Well' After Arrest ... 'I'm Going To Keep Him In My Prayers'

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Despite the horrifying images that came out of Vontae Davis' arrest earlier this month ... his older bro, Vernon Davis, tells TMZ Sports the ex-NFL star is now "doing well" and taking steps to remedy a "very tough situation."

Vontae was put into custody in Broward County, Fla. on Feb. 4 after cops say he drunkenly crashed his Tesla into the back of a disabled Toyota truck. In photos and video we obtained from the scene, you can see Vernon's younger brother appeared to be asleep on the highway following the accident -- and then seemed to struggle to stay awake during ensuing questioning.

At one point, a cop grew frustrated with the ex-Indianapolis Colts cornerback ... and told him, "You almost killed somebody."

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Vernon told us out at a Super Bowl event in Arizona on Thursday night that he's spoken to Vontae since everything went down ... revealing, "he said he was doing well."

"He's just taking care of everything behind the scenes," the former 49ers star tight end added.

As for what he told his bro ... Vernon said, "I just told him I'm going to keep him in my prayers and continue to wish him the best and hope that he continues to do the right thing."

Vontae is facing a misdemeanor count of DUI in the case. Court records show he's entered a plea of not guilty to the charge.

Drake Will Be Grilled in XXXTENTACION Murder Case

Drake will have to answer questions about XXXTentacion's murder, and the judge is threatening severe consequences if he misses a deposition.

Mauricio Padilla, the defense attorney for Dedrick Williams -- one of the 3 men accused of killing XXXTentacion -- persuaded the judge it's necessary for Drake to answer questions about his 2017 beef with the late "Look At Me!" rapper.

Drake was originally scheduled to be deposed on January 27, but failed to appear and now must sit for the deposition on February 24, via Zoom. If he misses that date, the judge says he better be in court on Feb. 27 or possibly be charged with contempt.

X and Drake have been intertwined through conspiracy theories for years -- mostly based on claims Drake bit some of his musical style, and one of X's IG stories. Four months before his June 2018 murder, X posted ... "IF ANYONE TRIES TO KILL ME IT WAS @champagnepapi IM snitching RN."

XXXTENTACION deleted the post and said he'd been hacked, but still ... Padilla's doing all he can to create reasonable doubt, and for now, the judge is allowing the far-fetched Drake theory to play out.

The trial began earlier this week as defendants Williams, Michael Boatwright and Trayvon Newsome all face life sentences for their role in killing XXX outside a RIVA Motorsports in June 2018.

Another suspect, Robert Allen, pleaded guilty to second-degree murder and has been testifying throughout the trial.

Rep. Nancy Pelosi No GOP Apologies ... For Wild Rumors About My Husband's Attack

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TMZ.com

Rep. Nancy Pelosi says she isn't hearing so much as a peep from across the aisle when it comes to apologies for Republican conspiracy theories about the attack on her husband, Paul Pelosi.

We got the former Speaker of the House Wednesday morning in D.C. on the heels of President Biden's State of the Union address -- where both Pelosis were front and center -- and asked if anyone in the GOP has shown contrition for fueling misinformation about her husband ... especially after the brutal body cam was released.

As it turns out ... nobody has, according to NP -- who also gave us an update on Paul's recovery in general. Sounds like things are looking up, and he's almost on the other side of this. He certainly looked good at the SOTU ... cozying up to Bono in the balcony seats.

When it comes to this apology, though -- it's telling that no Republican has circled back to correct the record, including Sen. Ted Cruz, who was one of those spreading fake news.

Back in October -- shortly after the attack -- he was one of several right-wing politicians suggesting things weren't as they seemed on paper ... even hinting Paul might have known the attacker, David DePape.

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Of course, that has since been debunked -- it was nothing more than a break-in/assault which prosecutors say was politically motivated. And Paul was most definitely brutalized, as seen in the since-released video showing the moment officers came to the door.

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But, Pelosi says none of that's moved her congressional comrades to offer the slightest mea culpa.

Sounds like SOP in DC, TBH.

Ron Jeremy Committed to Mental Hospital ... Rape Trial Derailed

Ron Jeremy isn't going before a jury to face rape charges, because he's being shipped off to a mental hospital ... where he could spend the rest of his days.

The former porn star -- who'd been hit with a 30-count indictment alleging rape, sexual assault and other related crimes -- was committed to a state-run mental hospital in California ... this after being deemed unfit to stand trial.

A judge signed off on Jeremy's fate last month -- ruling that his cognitive ability was in a state of such decline that he couldn't facilitate his own defense.

He can be held for up to two years at the facility ... and there will be periodic checkups to see if his condition improves. The first hearing on his progress is scheduled for early May.

As we reported ... during a hearing last month the judge was informed, after a battery of tests Jeremy was diagnosed with dementia.

They left the door open to continue pursuing charges against him if his condition improves, but for now ... he'll remain at the facility.

Jeremy has been accused by several women of misconduct dating back decades. He pled not guilty in 2020, and his attorney had told the media it's a shame RJ wouldn't get a chance to clear his name in court due to his mental condition.

Pretty Ricky's Baby Blue Released From Prison ... Still Owes $1 Mil in Restitution!!!

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BABY BLUE'S BACK

Pretty Ricky's Baby Blue is now a free man, kind of, after serving a little over a year in his PPP fraud case, and his bandmates were there to greet him upon release.

The Federal Bureau of Prisons tells TMZ Hip Hop ... Baby Blue was released Tuesday from the Federal Correctional Institution Coleman Low in Florida.

The 38-year-old pled guilty to conspiracy to commit wire fraud in August 2020, and was sentenced to 20 months in prison ... which he started serving in February 2022.

Blue was transferred to the BOP's Miami Residential Reentry Management Office, which oversees inmates transitioning back to public life. He will stay in community confinement -- either home detention or a halfway house -- until he is officially released from custody on April 4.

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WELCOMING COMMITTEE

Upon his release, Blue was surprised by Pleasure P and Spectacular, Blue's actual brother, who both excitedly live streamed the moment as they promised to celebrate in various ways ... but Baby Blue isn't completely out of the woods yet.

Baby Blue has another 3 years of supervised release, and still has to pay $1,111,345.23 in restitution as part of his sentence.

According to court docs, he forfeited a 2010 Ferrari 458 Italia about a year ago, but that only knocked around $65K off his tab -- so he still owes well over $1 million.

Blue doesn't seem too worried right now ... he's just happy to be out of prison, and says he's officially changing his name to Bigg Money Blue, because cash rules everything around him -- at least until that debt is settled!!!

ORLANDO BROWN Getting Mental Evaluation... Could Plead Insanity

"That's So Raven" star, Orlando Brown is going to get his head checked to see if he's fit to stand trial in his Ohio criminal case ... opening the door to a possible plea of not guilty by reason of insanity.

According to legal docs obtained by TMZ, Brown's attorney is asking for a mental evaluation to see if the disgraced actor is mentally fit for trial.

Orlando's charged with aggravated menacing, a first-degree misdemeanor in Ohio, for his December arrest. The former Disney star previously pled not guilty, but the results of the evaluation could lead to Orlando changing that plea.

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Beautiful Mind Creations

In the meantime, Orlando's on house arrest ... he was released from custody Friday after posting bond of about $25,000.

TMZ broke the story ... Orlando was busted back in December after cops in Ohio say they responded to a call about a fight in progress between 2 men.

Cops say the alleged victim told officers Orlando came at him in a threatening manner while wielding a knife blade and hammer.

As we first reported, Orlando was living under the same roof as the alleged victim, who got him a movie role ... which Brown's since lost as a result of the alleged incident.

NASCAR Star Kyle Busch I Was Detained In Mexico Over Gun 'I Apologize For My Mistake'

NASCAR star Kyle Busch says he was detained by authorities in Mexico last month ... after he says they found a handgun in his bag at an airport.

Busch said it all happened following the conclusion of his vacation with his wife, Samantha, in late January.

According to the 37-year-old driver, he was going through airport security screening ... when he realized he accidentally brought his firearm in his luggage.

Busch claims he has a valid concealed carry permit for it -- but its discovery still alarmed authorities, who detained him over it all.

"I was not aware of Mexican law and had no intention of bringing a handgun into Mexico," he said in a statement on his social media page Monday.

"When it was discovered, I fully cooperated with the authorities, accepted the penalties, and returned to North Carolina."

Prosecutors in Quintana Roo appeared to address the incident in a statement released over the weekend. Officials said the defendant, ID'ed only as "Kyle Thomas 'B'" from the state of Nevada, was detained following the discovery of a firearm on Jan. 27. They noted that following an investigation, he was sentenced to three and a half years in prison as well as a fine.

Busch made no mention of a prison sentence in his statement Monday.

"I apologize for my mistake and appreciate the respect shown by all parties as we resolved the matter," Busch said. "My family and I consider this issue closed."

Busch raced in the Busch Light Clash at The Coliseum in Los Angeles on Sunday ... finishing in third place.

Vontae Davis DUI Arrest Video Cop Scolded Ex-NFLer ... 'You Almost Killed Somebody'

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TMZSports.com

A police officer was blunt with Vontae Davis during his DUI arrest on Saturday ... telling the ex-NFL star straight up, "You almost killed somebody."

The stern chat with Davis was captured on Florida Highway Patrol dash cam footage, obtained by TMZ Sports, after officers said the two-time pro bowler had crashed his Tesla into another car during a wreck on a highway at around 7:50 AM.

In the video, you can see Davis appeared to be dozing in and out of consciousness as officers attempt to question him about the leadup to the accident.

They asked him where he had been, if he had been drinking, if he was injured, and if he'd submit to field sobriety tests. Davis answered some of the questions -- others not so much. He seemed to be slurring some of his words during his replies.

At one point, the video shows he told a cop he had been to a club and had consumed two "mixed drinks" prior to getting behind the wheel. He said he left the venue at around 2 AM, and had no recollection of a car crash.

Officers eventually told him he was under arrest -- and when Davis asked why, one of the cops didn't mince words.

"Your eyes are bloodshot," he said. "Your speech is slurred. You can barely stay awake. All right? You almost killed somebody."

When Davis said he "didn't almost kill nobody" -- the officer responded, "Yeah, man. They were in a truck on the side of the road. You took them completely out. And there was a father and son there on the shoulder."

Davis, who played 10 seasons in the NFL with the Colts, Dolphins, and Bills, was ultimately arrested and booked for DUI.

Court records show he pleaded not guilty in the case on Monday.

Ex-NFL CB Vontae Davis Arrested For DUI In Florida Cops Say He Was Asleep On Side Of Highway

Former NFL cornerback Vontae Davis -- who last played with the Buffalo Bills in 2018 -- was arrested for DUI in Florida, TMZ Sports has confirmed.

A spokesperson for the Florida Highway Patrol tells us ... officers responded to a crash involving two vehicles on State Road 821 in Florida on Saturday, Feb. 4 around 7:51 am.

Once officers arrived on the scene, they noticed a black 4-door Tesla with heavy front end damage and a bronze pickup Toyota truck with heavy rear end damage.

According to police docs, Davis, who was identified as the driver of the Tesla, failed to maintain control of his vehicle ... and collided with the pickup truck.

The force from the collision caused the pickup truck to hit a nearby pedestrian ... who sustained multiple injuries and was transported to the hospital.

Law enforcement authorities say they observed Davis -- who played ten seasons in the NFL with the Colts, Dolphins, and Bills -- laying down sleeping on the right shoulder of the road.

When police were interviewing Davis, they say they noticed his eyes were bloodshot, and he needed to lean on the barrier to prevent himself from falling to the ground.

Police say they asked Davis if he had been drinking ... he replied, "Yes, I had two drinks. Two mixed drinks."

Officers say they asked Davis if they could administer a standard field sobriety test ... but the ex-NFL CB refused, saying, "No."

Davis was placed under arrest and booked for DUI in Broward County ... where his bond was set at $500.

'RIVERDALE' ACTOR RYAN GRANTHAM HOUSED IN PRISON HOSPITAL ... Receiving Counseling After Murdering Mother

Ryan Grantham, who played Jeffery Augustine in "Riverdale", is being held in a prison hospital and is receiving counseling ... as he tries to cope with the guilt of murdering his own mother.

Grantham's attorney, Chris Johnson, tells TMZ ... "Mr. Grantham recently advised me that he’s doing well, getting the help he needs, and has gained some insight into what happened and why. He regrets what he did to his mother."

Sources with direct knowledge tell us, Grantham is getting counseling from the prison psychologist and is occasionally seen by a psychiatrist.

You'll recall, Grantham's attorney was extremely concerned the 24-year-old would be placed in a maximum security prison, as he could be "physically, psychologically and sexually intimidated" due to his frail stature.

Following the attorney's plea to have Grantham relocated, authorities decided to keep the "Riverdale" actor at a prison hospital in British Columbia, Canada, while they decide where he'll serve the remainder of his sentence.

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Grantham seems to be taking his treatment seriously ... his attorney tells us, "He realizes that he has a lot of personal work to do, but he’s dedicating himself to that, so that he can hopefully be a mentally healthy and contributing member of society at some point in time in the future.”

As we reported, Ryan Grantham was sentenced to life behind bars for murdering his mother, Barbara Waite, back in 2020. The terms of his sentence state he will be ineligible for parole during his first 14 years behind bars.

Armie Hammer 'I Was an Asshole' ... But I Did Not Assault Women

Armie Hammer has broken his silence over the sexual assault allegations that have dogged him for 2 years, flatly denying he raped or sexually assaulted anyone, but conceding he was "emotionally abusive" to some of the women with whom he had sexual encounters.

Hammer, who has been categorically canceled since the allegations surfaced 2 years ago, said he not only contemplated suicide, he took action back in February 2021, shortly after the story broke. He says he was in the Cayman Islands and swam out as far as he could, hoping "that either I drowned or was hit by a boat or eaten by a shark. Then I realized that my kids were still on shore, and that I couldn't do that to my kids."

As you know, several women have claimed they were sexually assaulted by him during BDSM sex. One woman in particular, known as Effie, claimed he raped her and the LAPD has been investigating this case for more than a year and a half. As TMZ has reported, law enforcement sources say no charges will be filed, yet the case has languished at LAPD and has still not been referred over to the D.A. for a final decision.

As for the alleged rape, Hammer told Air Mail it was a rape "scene" ... all planned out in advance and fully consensual.  He says it was planned with every detail ... meeting at a Starbucks, following her home, walking in the open front door and engaging in a "consensual non-consent scene." He says, "Every single thing was discussed beforehand. I have never thrust this on someone unexpectedly. Never."

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ARMIE SPEAKS OUT

Hammer was asked if he was emotionally abusive to these women. He answered, "One million percent," adding, "I'm here to admit my own mistakes, take accountability for the fact that I was an asshole, that I was selfish, that I used people to make me feel better, and when that was done, moved on."

The allegations of BDSM fantasies and cannibalistic fetishism became a centerpiece for the streamer, "House of Hammer."  The actor was dropped by his talent agency, and publicist, dropped from film projects ... fully canceled.

He has spent time in the Caymans ... selling timeshares to pass the time and make some money.

Hammer says he's done a lot of work to regain sobriety and peace, referring back to what he says started him down a bad path. He says he was molested by a youth pastor when he was 13, explaining, "What that did for me was it introduced sexuality into my life in a way that it was completely out of my control."

He went on ... "I was powerless in the situation. I had no agency in the situation. Sexuality was introduced to me in a scary way where I had no control. My interests then went to, I want to have control in the situation sexually."

Howard Rosenman, a producer on "Call Me By Your Name," also appeared in the Air Mail story, saying "All of [the allegations are] just pure bulls**t, and yes, he deserves a second chance."  He called the reaction to the Armie story, "kink shaming."

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Meanwhile, the LAPD still has the case. A law enforcement source told TMZ they were having trouble with some "3rd party witness" that was resisting cooperation. We're told that 3rd party is a company, not a person. We asked our sources why they didn't just get a subpoena to get whatever it needed from the company, but we did not get an answer.

We have asked our LAPD sources when the case will be wrapped up and sent to the D.A. but never got a clear answer. One source who formerly worked closely with Hammer but no longer does tells TMZ, "The fact that LAPD has had this case for 2 years and still hasn't cleared him is f**king insane."

If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat 988lifeline.org.

Idaho Massacare Suspect Bryan Kohberger Kentucky Woman Professes Love For Him

Bryan Kohberger -- the man charged with the University of Idaho student massacre -- is already getting the bizarre affection from women obsessed with alleged mass murderers.

Brittney Hislope has written a series of Facebook posts professing her love for the accused murderer of 4 college classmates, gushing that Kohberger is the “perfect man” for her.

In one post, Hislope said, “My love interest … is named Bryan and is accused of murder, and I just wish to connect with him above anyone else.”

She added, “One way to describe my feelings for him over the last week or so … is kind of like being lovesick.”

Hislope started posting her passionate letters to Kohberger January 4 ... just a few days after the former PhD criminology grad student had been arrested at his parent's home in Pennsylvania for the murders.

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The single Kentucky mom, who has a 16-year-old son, pointed out she and Kohberger shared some things in common, such as their astrological signs — both are apparently Scorpios. She also claimed they have similar birth charts, making Kohberger her “divine masculine counterpart.”

In another IG post, Hislop referenced the strange love scene between Jason Patric and Jamie Gertz in the 1987 vampire movie, "The Lost Boys." She said, "Although it’s not very explicit, I’d want to be with my love interest Bryan in those ways.”

Kohberger has been charged with the murders of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. He has denied any wrongdoing. His next court date is June 26.

Tyre Nichols White Cop Involved In Arrest Fired

Preston Hemphill, the white Memphis police officer involved in the Tyre Nichols arrest who is heard on body cam footage wishing Tyre harm, has just been fired.

The Memphis Police Department announced Hemphill's firing in a Friday news dump ... and he has not been criminally charged in connection with Tyre's death.

Hemphill was one of the first officers to confront Tyre during the fateful January. 7 traffic stop ... and he's alleged to have used his Taser on Tyre.

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Hemphill's body cam footage shows him chasing Nichols on foot ... and he's twice heard saying, "I hope they stomp his a**."

As you know ... Tyre was later confronted by 5 Black cops, who used pepper spray and beat him so badly he complained of shortness of breath and ended up in a hospital, where 3 days later he died.

The 5 Black officers ... Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith ... were fired before Hemphill, and they've been charged with second-degree murder.

Civil rights attorney Ben Crump, who is representing Tyre's family, has been questioning why Hemphill is not being prosecuted.

In a statement, Memphis PD says they conducted a thorough review of Tyre's arrest and determined Hemphill violated multiple department policies, including personal conduct, truthfulness and not using his Taser properly.

Meanwhile, a 7th Memphis PD officer who was involved in the arrest is on administrative leave ... but the officer's identity has not been publicly revealed.

As we reported ... earlier this week the Memphis Fire Department fired 3 members who responded to the scene in an ambulance, including a pair of EMTs and a lieutenant.