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  • Possible deal to free American prisoners in Iran called for shuttle diplomacy — from hotel to hotel | CNN Politics

    Possible deal to free American prisoners in Iran called for shuttle diplomacy — from hotel to hotel | CNN Politics

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    Washington
    CNN
     — 

    Closing in on a deal to free five Americans detained in Iran, US and Iranian delegations gathered in separate hotels in Doha – within sight of each other, but not within earshot – as Qatari diplomats shuttled back and forth trying feverishly to broker an elusive agreement between the two.

    None of the conversation played out in face-to-face meetings between the US and Iran over more than a year of on-and-off hotel meetings in the Qatari capital, a US official familiar with the negotiations told CNN.

    Instead, Qatari officials relayed messages back and forth, with some of the logistical work happening in the most discreet way possible, according to a US official familiar with the negotiations – via text thread between the Qataris and the US diplomats.

    The indirect talks were part of a two-year process that brought about the deal announced this week, a potential diplomatic breakthrough between bitter adversaries who don’t even talk to each other.

    The overall contours of the deal’s roadmap began to crystallize in Doha about six months ago, after two-and-a-half years of intensive on-and-off indirect discussions between Washington and Tehran. And on Thursday, those intense efforts yielded the first sign of payoff, when Iran released four Americans who had been detained in the notorious Evin Prison and moved them into house arrest.

    “It’s a positive step that they were released from prison and sent to home detention. But this is just the beginning of a process that I hope and expect will lead to their return home to the United States,” Secretary of State Antony Blinken said after the transfer was announced.

    If that plays out as agreed, the intricate diplomacy will have produced a momentous agreement between long-time adversaries whose relationship has been strained by Iran’s growing nuclear program and its alleged human rights abuses.

    Befitting the relationship, the path has been thorny, according to accounts shared with CNN by several sources familiar with the talks. The United States and Iran don’t have diplomatic relations, and public overtures by Washington to engage directly with Tehran on the matter were rebuffed.

    Instead, the US had to pursue indirect avenues, relying on partners in the Middle East and Europe including Qatar, Oman, the United Kingdom and Switzerland, all of whom served as interlocutors for the two sides over the course of the past two and a half years.

    US officials approached the negotiations with the understanding that there were “no guarantees” with the Iranians, according to a source familiar with the negotiations. But as things seemed to fall into place, the US government began reaching out to Congress and to family members.

    It was not until a couple of days before the transfer to house arrest that the American side realized the plan was going into motion. A fifth American was already under house arrest.

    On Wednesday, the US had “what (appeared) to be concrete information” that the first step in the deal – moving the four Americans out of Evin Prison and into house arrest – would be taken on Thursday, the source familiar with the negotiations said.

    Still, officials were wary.

    “There are certainly elements of the Iranian system that do not want this to happen,” the source warned.

    When Thursday came, US officials had a direct line to the Swiss Ambassador in Iran for updates as to progress on the ground, the US official said. Swiss diplomats serve as the protecting power – the eyes and ears on the ground – for the US in Iran.

    Early in the afternoon Thursday Washington time, National Security Council Spokesperson Adrienne Watson announced the White House had “received confirmation that Iran has released from prison five Americans who were unjustly detained and has placed them on house arrest.”

    The path forward now has been described as a step-by-step process, and American officials stress that the indirect negotiations are ongoing and sensitive.

    One component of the deal is an expected prisoner swap between the US and Iran, and another involves making $6 billion in Iranian funds that have been in a restricted account in South Korea more readily available for “non-sanctionable trade” of goods like food and medicine by moving them to restricted accounts in Qatar. Sources tell CNN the funds came from oil sales that were allowed and placed into accounts set up under the Trump administration.

    One source briefed on the agreement said the process to transfer the funds to Qatar is likely to take 30 to 45 days, and two sources said the money would go through Switzerland before getting to Qatar.

    The implementation won’t be easy. The US Treasury will be heavily involved, as the transfer of Iranian funds to Qatar is expected to take weeks to complete particularly because the US is not lifting any sanctions in order to facilitate the transfer, sources said.

    The indirect negotiations involved officials from across the Biden administration, including the State Department and the White House, and they closely involved the US Treasury Department, the official said. Treasury’s involvement made the process more arduous at times, but was necessary to be sure that any agreement would maintain strict oversight of the Iranian funds, the official added.

    The process to get to this point – with the end goal of securing the Americans’ release – has been a long road for Biden administration officials. Sources said that bringing the Americans back home had been a priority from the outset of President Joe Biden’s tenure.

    The three Americans publicly known to be in the deal – Siamak Namazi, Morad Tahbaz and Emad Shargi – had been imprisoned for years before Biden took office, with Namazi being arrested when Biden was vice president and left behind in a deal secured under the Obama administration.

    Now, US officials say the work continues, but they are cautiously optimistic that the five could be coming home.

    “My belief is that this is the beginning of the end of their nightmare and the nightmare that their families have experienced,” Blinken said.

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  • Special counsel says Hunter Biden’s gun deal is ‘withdrawn’ and invalid | CNN Politics

    Special counsel says Hunter Biden’s gun deal is ‘withdrawn’ and invalid | CNN Politics

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    CNN
     — 

    Special counsel David Weiss said the deal his team previously reached with Hunter Biden to resolve a felony gun possession charge was never approved by a probation officer and is not binding.

    The Justice Department prosecutors said in a court filing on Tuesday that for the “diversion agreement” to be legally binding, it would have had to be signed by a probation officer after last month’s court hearing in Delaware.

    They said the official who needed to sign it was Margaret Bray, the chief United States probation officer for the District of Delaware.

    “In sum, because Ms. Bray, acting in her capacity as the Chief United States Probation Officer, did not approve the now-withdrawn diversion agreement, it never went into effect and, therefore, none of its terms are binding on either party,” prosecutors wrote.

    Biden’s lawyers on Sunday said they believed an agreement to resolve a felony gun possession charge was “valid and binding.”

    The filing states that negotiations to amend the plea deal continued after the court hearing on July 26 when a federal judge declined to accept a plea agreement on two tax charges.

    Biden’s team proposed changes, which prosecutors “did not believe they were in the best interests of the United States” and counter proposed. Biden’s team rejected those changes leading to prosecutors informing the judge they had reached an impasse.

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  • Trump expected to be booked at Fulton County jail, sheriff says | CNN Politics

    Trump expected to be booked at Fulton County jail, sheriff says | CNN Politics

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    Atlanta
    CNN
     — 

    Former President Donald Trump is expected to surrender at the Fulton County jail, the local sheriff said Tuesday in a statement, along with the other 18 co-defendants charged on Monday in the Georgia 2020 election subversion case.

    Trump, who was charged with 13 counts including racketeering, has not publicly indicated when he intends to surrender ahead of the August 25 deadline imposed by Fulton County District Attorney Fani Willis. The statement from the Fulton County sheriff’s office addressed the key question of where the former president would be arrested and processed as a criminal defendant.

    “At this point, based on guidance received from the district attorney’s office and presiding judge, it is expected that all 19 defendants named in the indictment will be booked at the Rice Street Jail,” the statement said.

    “Keep in mind, defendants can turn themselves in at any time. The jail is open 24/7,” the news release states. “Also, due to the unprecedented nature of this case, some circumstances may change with little or no warning.”

    Most defendants charged in Fulton County are typically booked at the Fulton County jail. Fulton County Sheriff Pat Labat previously suggested he wants to treat the defendants charged in the Trump election subversion case the same as any other defendant would be treated.

    “Unless someone tells me differently we will be following normal practices. It doesn’t matter your status we will have mug shots ready for you,” Labat said earlier this month on CNN.

    The sheriff will now have to negotiate with Secret Service and Trump’s attorneys about the logistics of Trump’s surrender. Defendants who are not immediately arrested upon indictment – as was the case for Trump and his associates – usually negotiate bond if applicable, as well as other terms of release with the district attorney’s office.

    Rudy Giuliani, Trump’s former lawyer who is also charged in the case, said Tuesday on WABC talk radio that he would pick a day next week to surrender to authorities, adding, “There has to be bail, I imagine. Kind of silly for me to have bail, I mean I showed up there voluntarily and testified.”

    The 41-count indictment unsealed Monday night lays out a sweeping investigation led by Willis into some of the most egregious efforts by Trump’s allies to meddle in the 2020 presidential election. It accuses the former president of being the head of a “criminal enterprise” that was part of a broad conspiracy to overturn his electoral defeat in Georgia.

    Charges in the indictment include: False statements to and solicitation of state legislatures; false statements to and solicitation of high-ranking state officials; the creation and distribution of false Electoral College documents; the harassment of election workers; the solicitation of Justice Department officials; the solicitation of then-Vice President Mike Pence; the unlawful breach of election equipment; and acts of obstruction.

    Former Trump lawyers, John Eastman and Giuliani, as well as former White House chief of staff Mark Meadows, are among the defendants. The indictment also included an additional 30 unindicted co-conspirators in addition to the charged defendants.

    Trump is now facing 91 charges across four separate indictments at the same time that he’s running for president in 2024. He denies any wrongdoing and has slammed the cases as politically motivated.

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  • Pennsylvania police capture escaped prison inmate on the run for over a week | CNN

    Pennsylvania police capture escaped prison inmate on the run for over a week | CNN

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    CNN
     — 

    Michael Burham, the inmate with survivalist skills who escaped a prison in Pennsylvania, has been captured in a wooded area near Warren after more than a week on the run, a source with knowledge of the investigation told CNN.

    A Warren County official told CNN they “are preparing an isolation cell at Warren County Jail” for Burham but do not intend to keep him past Sunday. It is unclear where Burham will be transferred after that.

    Burham broke out of Warren County Prison in northwestern Pennsylvania shortly before midnight on July 6 using tied-up bedsheets and elevating himself on exercise equipment, according to a county spokesperson.

    Authorities described him as a “dangerous” inmate with military experience and survivalist skills after his escape from the 140-capacity facility that holds inmates awaiting trial or who are sentenced to two years or less behind bars.

    During the weeklong search, police found stockpiles of supplies, including clothing, food and other items in a wooded area near the city of Warren that they said they believed were used by Burham, authorities said Thursday.

    This is a developing story and will be updated.

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  • Former Manson family member Leslie Van Houten released from California prison, official says | CNN

    Former Manson family member Leslie Van Houten released from California prison, official says | CNN

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    CNN
     — 

    Leslie Van Houten, a former Charles Manson follower and convicted murderer, was released from a California prison on Tuesday, a prison spokesperson told CNN.

    Van Houten was released to parole supervision, California Department of Corrections and Rehabilitation spokesperson Mary Xjimenez said in a statement. She will have a three-year maximum parole term with a parole discharge review occurring after one year, Xjimenez said.

    Van Houten, now in her 70s, was 19 when she met Manson and joined the murderous cult that came to be called the “Manson family.”

    Prior to her release on Tuesday, she was serving concurrent sentences of seven years to life after she was convicted in 1971 for her role in the killings of supermarket executive Leno LaBianca and his wife, Rosemary, at their Los Angeles home.

    CNN has reached out to Van Houten’s attorney for comment.

    California Gov. Gavin Newsom’s office on Friday announced it would not challenge a state appellate court’s panel ruling in May that opened the possibility of parole for Van Houten, clearing the path to her release.

    “More than 50 years after the Manson cult committed these brutal offenses, the victims’ families still feel the impact, as do all Californians. Governor Newsom reversed Ms. Van Houten’s parole grant three times since taking office and defended against her challenges of those decisions in court,” Erin Mellon, a spokesperson for the governor, said in a statement Friday.

    “The Governor is disappointed by the Court of Appeal’s decision to release Ms. Van Houten but will not pursue further action as efforts to further appeal are unlikely to succeed. The California Supreme Court accepts appeals in very few cases, and generally does not select cases based on this type of fact-specific determination,” the statement added.

    Van Houten and her team were “thrilled” with the announcement, Nancy Tetreault, Van Houten’s attorney, told CNN Friday.

    Following 53 years in custody, Van Houten will participate in a transitional housing program to help her with employment training, teach her how to get a job and support herself, Tetreault told CNN last week.

    “If you think about it, she’s never used an ATM, never had a cell phone,” said Tetreault. The attorney told CNN she and her client have discussed the likelihood of her being overwhelmed as she transitions back to routine daily activities, such as going to the supermarket.

    Following her conviction, Van Houten was sentenced to death, but the death penalty was overturned after California abolished capital punishment, and her sentence was commuted to life in prison. She first became eligible for parole in 1977 and a California parole board panel first recommended her release in 2016 after she made 22 appearances before the board, CNN reported.

    That decision, however, was blocked five times by the state’s governors – twice by former Gov. Jerry Brown, who cited the horrific nature of the murders and Van Houten’s eager participation, and three times by Gov. Gavin Newsom.

    In 1994, Van Houten described her part in the killings in a prison interview with CNN’s Larry King.

    “I went in and Mrs. LaBianca was laying on the floor and I stabbed her,” said Van Houten, who was 19 at the time of the murders. “In the lower back, around 16 times.”

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  • Manson family member Leslie Van Houten is another step closer to parole as governor will no longer challenge release | CNN

    Manson family member Leslie Van Houten is another step closer to parole as governor will no longer challenge release | CNN

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    CNN
     — 

    California Gov. Gavin Newsom’s office on Friday announced it will not challenge a May state appellate court’s panel ruling that opened the possibility of parole for Leslie Van Houten, a former Charles Manson follower and convicted murderer.

    Van Houten is serving concurrent sentences of seven years to life after she was convicted in 1971 for her role in the killings of supermarket executive Leno LaBianca and his wife, Rosemary, at their home.

    “More than 50 years after the Manson cult committed these brutal offenses, the victims’ families still feel the impact, as do all Californians. Governor Newsom reversed Ms. Van Houten’s parole grant three times since taking office and defended against her challenges of those decisions in court,” Erin Mellon, a spokesperson for the governor, said in a statement Friday.

    “The Governor is disappointed by the Court of Appeal’s decision to release Ms. Van Houten but will not pursue further action as efforts to further appeal are unlikely to succeed. The California Supreme Court accepts appeals in very few cases, and generally does not select cases based on this type of fact-specific determination,” the statement adds.

    Van Houten and her team are “thrilled” with the announcement, Nancy Tetreault, Van Houten’s attorney, told CNN.

    “She’s just grateful that her rehabilitation, her hard work toward reforming her thinking, understanding the causative factors that led her to be influenced by Manson … She’s grateful that the court of appeals recognizes that,” Tetreault said.

    Van Houten will be released on parole pending a final behavioral hearing, with the exact date to be kept confidential for her safety, according to Tetreault.

    CNN has reached out to the California Board of Parole Hearings for comment.

    Van Houten, now in her 70s, was 19 when she met Manson and joined the murderous cult that came to be called the “Manson family.”

    The brutal killings began on August 9, 1969, at the home of actress Sharon Tate and her husband, famed movie director Roman Polanski. He was out of the country at the time. The first victims were Tate, who was eight months’ pregnant; a celebrity hairstylist named Jay Sebring; coffee fortune heiress Abigail Folger; writer Wojciech Frykowski; and Steven Parent, a friend of the family’s caretaker.

    The next evening, the LaBiancas were stabbed to death at their home.

    Although Manson ordered the murders, he didn’t kill anyone.

    Van Houten, along with Manson and followers Charles “Tex” Watson, Susan Atkins and Patricia Krenwinkel, were indicted in December 1969 for the murders of Tate, her friends and the LaBianca murders.

    Following her conviction, Van Houten was sentenced to death, but the death penalty was later abolished in California and her sentence was commuted to life in prison. She first became eligible for parole in 1977.

    Krenwinkel was denied parole again in 2022. According to the California Department of Corrections and Rehabilitation hearings schedule, she has a hearing set for November 17.

    Watson has been denied parole 18 times and will be eligible again in 2026. Atkins died in prison in 2009. Manson died in 2017 at age 83.

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  • ‘Systemic problems’ at Minneapolis Police Dept. led to George Floyd’s murder, Justice Department says | CNN Politics

    ‘Systemic problems’ at Minneapolis Police Dept. led to George Floyd’s murder, Justice Department says | CNN Politics

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    CNN
     — 

    Three years after George Floyd was murdered by then-Minneapolis police officer Derek Chauvin, the Justice Department issued a blistering report Friday of the city’s police department, detailing racial discrimination, excessive and unlawful use of force, First Amendment violations and a lack of accountability for officers.

    “Our investigation found that the systemic problems in MPD made what happened to George Floyd possible,” the report states.

    The Minneapolis Police Department has, for years, used dangerous “techniques and weapons” against people who had committed a petty offense or no offense at all, “including unjustified deadly force,” it adds.

    “MPD used force to punish people who made officers angry or criticized the police,” the report says, and “patrolled neighborhoods differently based on their racial composition and discriminated based on race when searching, handcuffing, or using force against people during stops.”

    In its investigation, the Justice Department reviewed hundreds of police body-worn camera videos, incident and police reports, hundreds of complaints filed against officers and dozens of interviews with city leaders, community leaders and police officials.

    “As I told George Floyd’s family this morning, his death has had an irrevocable impact on the Minneapolis community, on our country and on the world,” Attorney General Merrick Garland said at a news conference Friday.

    “George Floyd should be alive today,” Garland added.

    Chauvin was convicted in Floyd’s death and pleaded guilty for violating Floyd’s civil rights.

    In a review of the 19 police shootings that took place between 2016 and the summer of 2022, the investigation found that “a significant portion of them were unconstitutional uses of deadly force” including officers shooting at individuals without determining any immediate threat and MPD officers using deadly force against “people who are a threat only to themselves,” the report says.

    In one example cited by the report, a woman had been shot by an officer after she reportedly “spooked” him as she came to his police car.

    On May 25, 2020, Chauvin kneeled on Floyd’s neck and back for over nine minutes while Floyd was handcuffed and gasping for air. According to the DOJ’s report, at the time, neck restraints were used by Minneapolis police officers 197 times between 2016 and 2020. Nearly a fourth of those were used in cases where no arrest was made.

    Three years on: reflections on the legacy of George Floyd

    Officers would “frequently used neck restraints without warning” and used the restraints against individuals – including teenagers – accused of low-level offenses, passively resisted arrest, posed no threat or “had merely angered the officer.”

    MPD officers, the investigation found, also used takedowns, strikes, tasers, chemical spray and other methods of force in ways that violated individuals’ rights.

    The department now prohibits neck restraints, “no-knock” raids and requires approval for officers to use certain crowd control weapons without approval from the chief of police.

    The investigation also found that MPD officers disproportionately stop and use force against Black and Native American people.

    “During stops involving Black and Native American people, MPD conducts searches and uses force more often than it does during stops involving white people engaged in similar behavior,” the report, which reviewed data of roughly 187,000 pedestrian and traffic stops says.

    “We estimate that MPD stops Black people at 6.5 times the rate at which it stops White people, given their shares of the population. Similarly, we estimate MPD stops Native American people at 7.9 times the rate at which it stops white people, given population shares.”

    During these stops, the DOJ found that MPD officers unlawfully discriminated against Black and Native American people in both searches and use of force.

    After Floyd’s murder in 2020, many police officers in the department stopped listing the race or gender of individuals in their reports in violation of the department’s policy, according to the investigation.

    The report also found evidence of some officers, including those in leadership positions, have made racist or discriminatory comments to other officers.

    During one of the protests following Floyd’s murder, an MPD lieutenant said a group of protesters were likely mostly White because “there’s not looting and fires.”

    Other MPD employees told the Justice Department about similar discriminatory comments made by their colleagues, including comments about how “you don’t have to worry about Black people during the day ‘cuz they haven’t woken up—crime starts at night.”

    The investigation found that officers were often only held accountable for biased conduct after public calls of outrage.

    minneapolis police surveillance

    How the fatal arrest of George Floyd unfolded

    Garland outlined several incidents where MPD officers were not held accountable for racist conduct until public outrage surfaced.

    “For example,” Garland said Friday, “after MPD officers stopped a car carrying four Somalian-American teens, one officer told the teens, ‘Do you remember what happened in Black Hawk Down. When we killed a bunch of your folk? I’m proud of that. We didn’t finish the job over there. If we had, you guys wouldn’t be over here right now.’”

    According to the Justice Department’s report, MPD officers also violated people’s First Amendment rights, including journalists, and found that officers “regularly retaliate against people for their speech or presence at protests – particularly when they criticize police.”

    “MPD officers frequently use indiscriminate force, failing to distinguish between peaceful protesters and those committing crimes,” the report says. “For example, MPD officers regularly use 40 mm launchers – firearms that shoot impact projectiles, like rubber bullets – against protesters who are committing no crime or who are dispersing.”

    The investigation found that in the protests following Floyd’s murder, officers had pepper sprayed a journalist in the face after pushing the reporter’s head to the pavement.

    Other incidents cited in the report include police officers retaliating against individuals who were recording the officers by illegally grabbing phones, destroying recording equipment or using force – including pepper spray – against them.

    This story has been updated with additional developments.

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  • Alabama death row inmate cannot be executed due to intellectual disability, appeals court rules | CNN

    Alabama death row inmate cannot be executed due to intellectual disability, appeals court rules | CNN

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    CNN
     — 

    An appeals court has ruled the state of Alabama cannot execute man with an intellectual disability who was sentenced to death for murdering a man in 1997, upholding a lower court’s decision.

    The US Eleventh Court of Appeals’ decision on Friday means that 53-year-old Joseph Clifton Smith cannot be executed unless the decision is overturned by the US Supreme Court.

    In a statement released after the appeals court decision, Amanda Priest, communications director for Alabama Attorney General Steve Marshall, said, “Smith’s IQ scores have consistently placed his IQ above that of someone who is intellectually disabled. The Attorney General thinks his death sentence was both just and constitutional.”

    “The Attorney General disagrees with the Eleventh Circuit’s ruling, and will seek review from the United States Supreme Court,” the statement concluded

    In 2021, a US District Court judge ruled that due to his intellectual disability, Smith could not “constitutionally be executed,” and vacated his death sentence.

    The judge referenced the district court’s finding that Smith’s “intellectual and adaptive functioning issues clearly arose before he was 18 years of age,” according to the 2021 appeals court ruling, which agreed with the lower court.

    Smith confessed to murdering Durk Van Dam, whose body was found “in an isolated area near his pick-up truck” in Mobile County in southwest Alabama, according to the court’s Friday ruling. Smith “offered two conflicting versions of the crime,” the ruling says – first admitting he watched Van Dam’s murder and then saying he participated but didn’t intend to kill the man.

    The case went to trial and the jury found Smith guilty, the order states. During his sentencing proceedings, Smith’s mother and sister testified that his father was “an abusive alcoholic,” according to the ruling.

    Smith had struggled in school since as early as the first grade, the order says, which led to his teacher labeling him as an “underachiever” before he underwent an “intellectual evaluation,” which gave him an IQ score of 75, the court said. When he was in fourth grade, Smith was tested again and placed in a learning-disability class – at the same time as his parents were going through a divorce, the court said.

    “After that placement, Smith developed an unpredictable temper and often fought with classmates. His behavior became so troublesome that his school placed him in an ‘emotionally conflicted classroom,’” the ruling states.

    Smith then failed the seventh and eighth grades before dropping out of school entirely, the ruling says, and he then spent “much of the next fifteen years in prison” for burglary and receiving stolen property.

    One of the witnesses in Smith’s evidentiary hearing held by the district court to determine whether he has an intellectual disability was Dr. Daniel Reschly, a certified school psychologist, the ruling says.

    The court ultimately determined that Smith “has significant deficits in social/interpersonal skills, self-direction, independent home living, and functional academics,” the ruling says.

    In its conclusion, the appeals court wrote: “We hold that the district court did not clearly err in finding that Smith is intellectually disabled and, as a result, that his sentence violates the Eighth Amendment. Accordingly, we affirm the district court’s judgment vacating Smith’s death sentence.”

    “This case is an example of why process is so important in habeas cases and why we should not rush to enforce death sentences—the only form of punishment that can’t be undone,” the office of Smith’s federal public defender said in a statement after the appeals court decision.

    “Originally, this same District Court denied Mr. Smith the opportunity to be heard, and it was an Eleventh Circuit decision that allowed a hearing that created this avenue for relief,” the statement said.

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  • NYC bike path terrorist set to be sentenced to life in prison after avoiding death penalty verdict at trial | CNN

    NYC bike path terrorist set to be sentenced to life in prison after avoiding death penalty verdict at trial | CNN

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    CNN
     — 

    A terrorist convicted of striking and killing eight people with a rented truck on a New York City bike path in an attack for ISIS is scheduled to be sentenced to serve life in prison Wednesday.

    Sayfullo Saipov effectively learned his sentence in March, when the jury in the penalty phase of his trial in Manhattan federal court told a judge it was unable to reach an undivided decision favoring the death penalty on any of the nine capital counts against him.

    The capital counts each carry a mandatory life imprisonment sentence by law after the jury didn’t unanimously vote for the death penalty.

    Saipov’s case was the first death penalty case under the Biden administration.

    About 25 surviving victims and family members of those killed in the attack are expected to give victim impact statements at the sentencing hearing Wednesday morning, according to court filings.

    Of the eight people killed in the attack, five were from Argentina, two were Americans, and one was from Belgium. The majority of those participating in the Manhattan federal court hearing are traveling from Argentina and Belgium, the prosecutors said in a memo.

    The convicted terrorist will have an opportunity to address the court before he is sentenced, but it is unclear if he will do so.

    On Halloween in 2017, Saipov drove a rented U-Haul truck into cyclists and pedestrians on Manhattan’s West Side bike path, then crashed the vehicle into a school bus, authorities said.

    After leaving the truck while brandishing a pellet gun and paintball gun, he was shot by a New York City Police Department officer and taken into custody, officials said.

    The jury convicted Saipov in January of all 28 counts against him for the fatal attack.

    Those counts included murder in aid of racketeering activity, assault with a dangerous weapon and attempted murder in aid of racketeering activity, attempted murder in aid of racketeering activity, provision of material support to ISIS, and violence and destruction of a motor vehicle.

    Saipov is expected to serve his life sentence at the Federal Bureau of Prisons ADX facility in Florence, Colorado, in solitary confinement at least 22 hours a day, his attorneys said during trial.

    Federal prosecutors who say Saipov deserves no leniency want District Judge Vernon Broderick to sentence Saipov to the fullest extent of the sentencing guidelines for his 28-count conviction; eight consecutive life sentences, a consecutive term of 260 years’ imprisonment and two concurrent life sentences.

    “Because Saipov deliberately committed the most abhorrent crime imaginable for which he has expressed no remorse, he deserves no leniency. Only the maximum punishment on each count of conviction will reflect the unimaginable harm inflicted and send the appropriate message that terrorist attacks on innocent civilians will be punished as harshly as the law allows,” prosecutors said in a pre-sentencing court filing.

    The harshest sentence, prosecutors wrote, would be “an exercise of such discretion to hold the defendant fully accountable for his crimes, and to send the appropriate message to the defendant, the public, and any others who might contemplate an attack on U.S. soil.”

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  • Border detention facilities reach capacity amid spike in migrants | CNN

    Border detention facilities reach capacity amid spike in migrants | CNN

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    CNN
     — 

    Detention facilities along the US-Mexico border have surpassed capacity as a growing number of migrants cross into the United States leading up to the May 11 expiration of a Covid-era border restriction known as Title 42, according to a Department of Homeland Security official.

    As of Saturday morning, there were more than 20,500 migrants in US Customs and Border Protection custody along the US southern border, the official said, stressing the number of people in custody fluctuates throughout the day.

    The Rio Grande Valley sector, which encompasses south Texas, had nearly 7,000 migrants in custody as of Saturday morning, the Homeland Security official said. The majority are Venezuelans.

    Officials have seen an uptick in migrants crossing the US-Mexico border in anticipation of the expiration of Title 42, which was invoked at the onset of the coronavirus pandemic and has allowed border authorities to quickly expel certain migrants. There have been around 7,000 daily encounters on the US southern border in recent days, a number expected to rise in the coming weeks.

    Brownsville, in the Rio Grande Valley sector, is dealing with a surge of migrants.

    “I want to say the first two weeks of April, we were averaging about maybe 1,700 Venezuelan nationals entering illegally into the country through that particular area in Brownsville,” said Gloria Chavez, Border Patrol Chief for the Rio Grande Valley Sector. “And then two weeks later, towards the end, here the last eight days, we saw an uptick of over 15,000 Venezuelans.”

    Chavez said the Border Patrol’s holding capacity in the Rio Grande Valley is about 4,000, and Friday afternoon, about 7,500 migrants were in custody.

    Chavez added Title 42 is still in place and her agents will be applying the order.

    On May 11, when the nation’s coronavirus public health emergency ends, the Covid-era border restriction known as Title 42 is also expected to expire, meaning border authorities will no longer be able to quickly expel certain migrants south of the border.

    Instead, US immigration authorities will return to decades-old protocols at a time of unprecedented mass migration in the Western hemisphere, raising concerns within the Biden administration about a surge in the immediate aftermath of Title 42 lifting.

    Behind the scenes, administration officials have been racing to set up new policies to stem the flow of migration, but even with those put in place, officials recognize they could face an overwhelming number of people at the border who have been anticipating the end of Title 42, which has been the primary enforcement tool since 2020.

    A senior Customs and Border Protection official told CNN the agency estimates “several thousand” migrants are waiting in northern Mexico to cross the border. El Paso, Texas – which Biden visited in January – and the Rio Grande Valley are among the areas expected to see an influx of migrants, officials said.

    The return to traditional protocols includes restoring legal consequences for migrants who try to repeatedly cross the US-Mexico border, which officials expect may deter crossers. Under Title 42, the number of repeat crossers shot up amid little to no consequence.

    The administration is also setting other plans in motion to try to manage the flow of migration, including rolling out a new rule, which would largely bar migrants who traveled through other countries on their way to the US-Mexico border from applying for asylum in the US, restarting a policy to expedite asylum screenings, and assigning more US Citizenship and Immigration Service employees to help interview migrants who ask for asylum.

    Still, Homeland Security Secretary Alejandro Mayorkas said this week the department is preparing for what he described as a challenging few weeks ahead when the Title 42 authority lifts and as smugglers distribute misinformation to migrants.

    The City of Brownsville has declared a state of emergency due to the recent influx of migrants, according to city Commissioner for District 1, Nurith Galonsky Pizana.

    “On April 27, as mayor pro tem I signed a disaster declaration. These migrants who are making their way through Brownsville, they are not here to stay. They have a final destination outside of Brownsville and we will manage this with due process as these individuals seek asylum and eventually move on to their final destination,” Galonsky Pizana said during a news conference.

    Many of the Venezuelans who have crossed into Brownsville illegally had been waiting across the border in Matamoros, Mexico, and have been trying to get appointments through the CBP One app, Chavez said.

    The application allows migrants to get appointments to enter the US legally through a port of entry under an exception to Title 42. But appointments are hard to come by and migrants are apparently losing patience.

    Chavez said the Border Patrol is using decompression measures to help manage the influx. Decompression is a term used by Border Patrol when migrants are transported from a sector at capacity to a sector with processing space.

    “We are in partnership with the Laredo Border Patrol and the Del Rio Border Patrol. They are absorbing buses that are going now to Laredo and buses that are going to Eagle Pass, which is part of the Del Rio Sector. Those are on a daily basis and we are continuing to decompress as quickly as possible,” Chavez said.

    Chavez said so far this year, Border Patrol agents in the Rio Grande Valley have encountered migrants from 72 nationalities, including a recent uptick in Chinese nationals.

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  • Death row inmate Richard Glossip has a parole board hearing Wednesday and the attorney general is asking for clemency | CNN

    Death row inmate Richard Glossip has a parole board hearing Wednesday and the attorney general is asking for clemency | CNN

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    CNN
     — 

    In an unprecedented move, Oklahoma Attorney General Gentner Drummond will recommend clemency for Richard Glossip, who is set to be executed on May 18 on a capital murder charge.

    In a letter to the state’s Pardon and Parole Board – which will meet Wednesday – Drummond wrote, “For there to be public faith in our criminal justice system, it is incumbent on me as the State’s chief law enforcement officer to not ignore evidence and facts.”

    The state’s five-member Pardon and Parole Board will decide the fate of Glossip, who has spent more than 24 years on death row and had three reprieves or stays of execution. In another unusual move, the attorney general will attend the hearing, according to his office.

    “I am not aware of an Oklahoma Attorney General ever supporting a clemency application for a death row inmate,” Drummond wrote in the letter dated Monday. “In every previous case that has come before this board, the state has maintained full confidence in the integrity of the conviction. That is simply not the case in this matter due to the material evidence that was not disclosed to the jury.”

    Glossip, a former motel manager, was convicted of murder for ordering the killing of his boss, Barry Van Treese, in 1997.

    Another employee, then-19-year-old Justin Sneed, admitted to killing Van Treese with a baseball bat at the Oklahoma City motel. But in 1998, prosecutors told jurors Sneed killed Van Treese in a murder-for-hire plot orchestrated by Glossip. Sneed received a life in prison sentence in exchange for his testimony as the key witness.

    Glossip, 60, has insisted he was not involved in the killing of Van Treese.

    Drummond, a Republican who took office in January, also cited in his letter the results of a recent special investigation he commissioned, writing the findings were “troubling.”

    Among the evidence included in the special counsel report was paperwork showing Sneed wanted to recant his testimony, writing to his attorney: “There are a lot of things right now that are eating at me. Somethings I need to clean up.”

    The report concluded Glossip’s murder conviction should be vacated and that he be granted a new trial.

    The attorney general wrote in his letter he believes the evidence shows Glossip is guilty of accessory after the fact and that he might be guilty of murder, but the current record doesn’t support that he is guilty of that crime beyond a reasonable doubt.

    In a separate clemency request filing, Glossip’s defense team writes, “Richard Glossip is an innocent man who has been the victim of a massive breakdown in the justice system that would have been disturbing had it occurred even in a minor case … This Board should recommend that he be allowed to live.”

    Ahead of Wednesday’s hearing, Kim Kardashian tweeted support for Glossip’s case, urging her followers to call the state’s Pardon and Parole Board and Oklahoma Republican Gov. Kevin Stitt. Kardashian is not working alongside Glossip’s defense team.

    Three years after Glossip was first convicted of capital murder the decision was overturned because of ineffective defense counsel. He was again convicted in 2004 and again sentenced to death.

    In 2015, Glossip was more than an hour past his execution time when then-Republican Gov. Mary Fallin issued a stay based on the constitutionality of the state’s execution protocols.

    His execution date has been scheduled nine times.

    On April 6, the attorney general asked the state’s Court of Criminal Appeals to vacate Glossip’s conviction and the case to be returned to the district court. But in a 5-0 decision last week, the judges denied all requests.

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  • Former Minnesota police officer Kim Potter released from prison after serving time for deadly shooting of Daunte Wright | CNN

    Former Minnesota police officer Kim Potter released from prison after serving time for deadly shooting of Daunte Wright | CNN

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    CNN
     — 

    Former Minnesota officer Kimberly Potter has been released from prison after serving 16 months of a two-year sentence in the fatal shooting of Daunte Wright, whom she shot after mistaking her gun for a Taser during a traffic stop in Brooklyn Center, according to the Minnesota Department of Corrections.

    Potter was released from the Minnesota Correctional Facility-Shakopee at 4 a.m. on Monday, the department said, noting the early hour was due to safety concerns and the potential for violent protests outside the facility.

    Potter was convicted of two counts of manslaughter in the killing of 20-year-old Wright, an unarmed Black man, during a 2021 traffic stop near Minneapolis. Wright was pulled over for having expired tags and for a hanging air freshener.

    Potter will be on supervised release for the remaining third of her sentence, in accordance with Minnesota law, which doesn’t provide time off for good behavior, the corrections department said. Potter’s supervised release expires in December.

    Potter’s attorney, Earl Gray, told CNN the former officer with 26 years of experience has no plans to return to Minnesota and will live in Wisconsin.

    Wright’s mother, Katie, said she was “dreading” Potter’s release and is struggling to find peace. She said she suffered a stroke that left her temporarily with blurred vision following the stress of Potter’s trial and conviction.

    “Some say I should forgive to be at peace but how can I? I am so angry. She is going to be able to watch her kids have kids and be able to touch them,” Katie Wright told CNN. “I am always scared I am going to forget my son’s voice. It gave us some sense of peace knowing she would not be able to hold her sons. She has two. I can’t hold my son.”

    She said Potter not being able to serve as a police officer again, due in part to her conviction, has given her “a sense of peace.”

    “She will never be able to hurt anybody as a police officer again,” Katie Wright said. “That is the only sense of peace we get as a family.”

    Potter wept when she testified during her 2021 trial, apologizing and insisting she “didn’t want to hurt anybody.”

    “I was very distraught. I just shot somebody. I’m sorry it happened,” Potter cried as a prosecutor asked her about her behavior moments after the fatal shooting. Potter testified she had been trained with a Taser since 2002 and testified she received a new model days before the April 11, 2021 shooting.

    The city of Brooklyn Center agreed to pay a $3.25 million settlement to the family of Daunte Wright in June 2022. The Wright family said the payment still has not been distributed due to other unrelated legal disputes but they are “hopeful” to receive payment in the next 90 days.

    Part of the settlement agreement requires Brooklyn Center Police officers undergo implicit bias training. The city’s newly elected mayor, April Graves, confirmed that training still hasn’t happened, though, she says, it’s in the works.

    Wright was killed just as the high-profile trial of Derek Chauvin, a former Minneapolis police officer who was ultimately convicted of murdering George Floyd, was underway only about 10 miles away. Floyd’s death spurred outrage across the country with protests in many major cities – as well as some international locales – to decry police brutality and racial injustice.

    Soon after Wright’s death, the Brooklyn Center City Council approved “The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution,” which said the city would create an unarmed department to handle “all incidents where a city resident is primarily experiencing a medical, mental health, disability-related, or other behavioral or social need.”

    The resolution, which passed in 2021, was also named after Kobe Dimock-Heisler, a 21-year-old man living with autism, was also killed by Brooklyn Center Police after his family called 911 for help in 2019.

    The measure also said officers would not be able to make arrests or conduct searches for many lower-level offenses, including stops for non-moving traffic infractions.

    It was introduced by the city’s former mayor, Mike Elliott.

    “It was easy to get it passed but we still haven’t implemented anything and here we are two years later,” Katie Wright said. “It is roadblock after roadblock.”

    Mayor Graves told CNN the city is moving forward but “not as fast” as some in the community would like. She said the resolution “was crafted and written by the former mayor without the input of any staff or council members.”

    Daunte Wright

    Graves, who was a city council member when the resolution passed in 2021, said the city council, which now has two new members since the killing of Wright, will vote on new recommendations for the policy changes in May. She added that last year the city held two town halls on policy recommendations. Another town hall was held Saturday.

    “There were some things within that resolution that just weren’t feasible,” Graves said, noting they only have about 35,000 residents and while they have “big city problems,” the council is working with a “small city budget.”

    “Creating three new departments was just not conceivable,” Graves added. “One of those departments that he called for was around a department of violence prevention or something along those lines. Our new office of community prevention, health and safety is aligned with those things.”

    Meanwhile, Graves said if the proposed traffic stop changes and consent searches are approved by the city council, officers would not be allowed to pull people over solely for minor traffic offenses, like invalid or expired registration, excessive window tints, and broken headlights or tail lights. She also said the current recommendations allow officers to pull someone over if a minor traffic offense could lead to serious damage.

    “I think if we’re able to actually vote on and approve these recommendations around consent searches and pre-emptive stops … it would bring down the likelihood of having these issues come up again,” Graves said, adding “community feedback is important.”

    In the last 18 months, Graves said the city has seen turnover in the police department and other city offices. The department, now led by its first Black chief, Kellace McDaniel, has 42 sworn police officers on patrol. Graves said the department is fully staffed at 49 officers. The city also “lost six out of seven department directors” but was able to rehire for those roles, including an equity and human resources director, Graves said.

    “When I first started, it was difficult to even have a resolution around racial equity but now, we have funding and staff trying to do that work internally and externally with the community,” Graves said. “I see definite changes. Government is slow. There’s definitely still a lot of obstacles, people’s fear and misunderstanding and, yes, bias getting in the way, but I think we have the right people in place to keep it moving forward.”

    Katie Wright and her husband, Aubrey, say they will continue to push for change. A red urn holding their son’s ashes sits above a fireplace in their living room.

    “Changing traffic stops is the only thing that is going to keep people safe. We need it in every city,” Katie Wright said. “I am not going to be quiet.”

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  • A Black teen’s murder sparked a crisis over racism in British policing. Thirty years on, little has changed | CNN

    A Black teen’s murder sparked a crisis over racism in British policing. Thirty years on, little has changed | CNN

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    London
    CNN
     — 

    Neville Lawrence sometimes imagines walking through London and looking at buildings his son Stephen might have worked on, had he lived long enough to fulfill his dream of becoming an architect. The closest he ever got to that was building a miniature.

    “He did his work experience with an architect and he built a model of a building down in Deptford. So, every time I pass Deptford and see the building, it reminds me of him,” Lawrence told CNN, referring to a neighborhood in southeast London. It’s been 30 years, but he still gets emotional speaking about Stephen.

    Stephen Lawrence was murdered when he was just 18 years old in a racially motivated attack on April 22, 1993. His killing and the subsequent failure of the London Metropolitan Police Service to properly investigate the crime sparked a national outcry. It culminated in a landmark official inquiry that concluded the force was institutionally racist.

    But despite decades of promises, reviews and reforms, a new government report published last month, just four weeks before the 30th anniversary of Stephen’s murder, reached the same conclusion. The Met is still institutionally racist.

    Raju Bhatt, a civil liberties lawyer who has dedicated his career to representing people making claims of wrongful conduct against the police, said nothing in the new report – the Baroness Casey Review – came as a surprise.

    “What our clients see is a machinery which just doesn’t want to hear what they have to say and as a result, what happens is a failure to address the cultural problems, that culture of impunity, which arises when police officers know that they won’t be brought to account – when [they] know that whatever they do, their managers will be there to back them up, or, at the very least, their managers will look away,” he said.

    The Met Police chief Mark Rowley has acknowledged “systemic” problems in the force but has so far declined to use the word “institutional.”

    Protesters demonstrate outside the Lawrence inquiry  in south London in June 1998.

    For Bhatt, the Casey report was just the latest development in a familiar cycle of events that began when he graduated from university in 1981.

    That summer, racial tensions in Britain boiled over and sparked violent clashes between mostly Black protesters and the police, in south London’s Brixton neighborhood and elsewhere. Bhatt worked as a community volunteer, helping people who were arrested during the protests.

    An official government inquiry into the riots and the police response concluded there was an “urgent need for changes in training and law enforcement and the recruitment of more ethnic minorities into the police force.” It also found that there was “evidence of harassment of minorities by some policemen.”

    Stephen Lawrence was murdered 12 years after the Brixton riots. Within days of his killing at a bus stop in southeast London, five White teens were identified as being involved. They were arrested, but none was successfully prosecuted at the time.

    It took years of campaigning by the Lawrence family — and public support from the likes of Nelson Mandela and the national press — to get the investigation moving. A 1997 inquest into Lawrence’s death found that he was unlawfully killed in a “completely unprovoked racist attack by five white youths.”

    A wave of protests forced the then-government to commission an inquiry into the murder and the Met’s handling of it, which concluded in 1999 that “professional incompetence, institutional racism and failure of leadership by senior officers” was to be blamed for the botched investigation.

    The review, known as the Macpherson report, made 70 recommendations on how to improve the police force and increase the public’s trust in the force. They included recruiting more Black and other minority ethnic officers to make sure the force reflects the communities it serves, taking steps to tackle disparities in the use of police powers against people from minority groups and developing specific guidelines on how to investigate and tackle racist crimes.

    The Macpherson report was damning, but like the Brixton riots review, it failed to result in lasting and substantive reform of the Met Police.

    As a Black man who grew up in 70s and 80s Britain, Leslie Thomas says he knows what it’s like to be on the receiving end of police racism. He recounts how he has been racially profiled and stopped and searched by officers several times in the past, including once when he was driving with his wife and baby in the back of his car and once when he was just 14 years old.

    “I was 14, in school uniform, coming home from school and a police van pulls up alongside me. Four officers jump out [and say] ‘you look suspicious’,” he said.

    Like Bhatt, Thomas is a lawyer who has spent decades representing people in claims against the police and other public authorities. And, just like Bhatt, he has little faith that the latest report will lead to much change.

    “Here’s the thing. You can’t hit a target unless you acknowledge the target itself. The Metropolitan Police have said, ‘oh, we want to be a more inclusive organization,’ but steadfastly, they refuse to acknowledge through their leadership that they’ve got a problem with institutional racism,” Thomas said.

    “If it were just a few bad apples, then you wouldn’t expect, as we have seen, repetition after repetition, generation after generation,” he added.

    The Met has not yet responded to CNN’s request for comment. But speaking to the London Assembly Police and Crime Committee last month, Rowley refused to label the Met Police “institutionally” racist, saying the word “institutional” is ambiguous and politicized.

    In a statement released when the Casey report was published, Rowley said it “must be a catalyst for police reform” and “needs to lead to meaningful change.” He added: “I want us to be anti-racist, anti-misogynist and anti-homophobic. In fact, I want us to be anti-discrimination of all kinds.”

    Thomas specializes in representing families of people who have died in police custody – an issue that disproportionately affects people of color.

    Black people in the UK are seven times more likely to die from police restraint than White people, according to statistics compiled by Inquest, a charity that focuses on deaths in police and prison custody, immigration detention, mental health settings and other state settings.

    stephen lawrence file polglase

    The legacy of Stephen Lawrence’s murder, 30 years later

    At a protest in London, Marcia Rigg embraces Carole Duggan, whose nephew Mark Duggan was shot dead by the police in 2011.

    Thomas represented the family of Sean Rigg, who died in 2008 after being pinned down in a police arrest while experiencing a mental health crisis. While an initial investigation by then-police watchdog the Independent Police Complaints Commission cleared the police of any wrongdoing, the Rigg family kept fighting.

    In 2012, an inquest jury found that Rigg died of cardiac arrest after being restrained in a prone position for approximately eight minutes and said the level and length of restraint used by the police was “unsuitable” and “unnecessary” and that this “more than minimally” contributed to his death.

    In light of the findings, the police watchdog re-examined the case. But a police misconduct panel cleared five officers of gross misconduct in connection to Rigg’s death in 2019. One of those officers had earlier been acquitted of perjury relating to his account of events on the night Rigg died.

    Marcia Rigg, Sean’s sister, is still fighting. She and her family have spent years watching CCTV footage of Sean’s last moments, trying to piece together what really happened. The process has been deeply upsetting and it hasn’t, so far, led to the justice she wants for her brother.

    “It was four years before we had an inquest. And basically myself and my family, particularly me and my brother Wade, we had to become investigators ourselves … to see your loved one being treated in that way by officers that should be helping us. It’s traumatizing, it makes you angry,” she told CNN.

    Rigg said she still dreads the police. “I hate the sound of (the sirens), I hate the sight of the uniform, what it represents.”

    The death of George Floyd in Minneapolis in May 2020 brought back all of the trauma for Rigg. Like Sean, Floyd was held face down by police in a prone position. Former Minneapolis police officer Derek Chauvin kneeled on Floyd’s neck for more than nine minutes and was ultimately found guilty of murdering him.

    But it also made her even more determined to fight. “When George Floyd died, and everybody witnessed that murder, (British politicians) were on the side of the people, (saying) that this can’t happen. I said, well, they need to look in their own backyard,” she said.

    A protester holds a picture of Sean Rigg during a 2021 demonstration in London.

    Deborah Coles, Inquest’s executive director, said the struggles of the Lawrences and the Riggs to get justice for their loved ones mirror the experiences of nearly everyone she’s worked with.

    She said the “cultures of denial and defensiveness and delay” within official government agencies, as well as victim blaming and the tendency to demonize the victim’s family and community, add to families’ suffering in such cases, as does “this ongoing institutional denial about the fact that institutional racism is a live and enduring issue.”

    Successive governments and police chiefs have dismissed the severity of the issue, she told CNN. “We’ve always said that one of the problems is that when it comes to looking at deaths (in custody), they see them as isolated incidents, rather than being evidence of a systemic, enduring issue. This is a systemic issue across police forces.”

    The UK’s largest police force commissioned the latest independent inquiry in 2021, after a serving Metropolitan Police officer was convicted of the kidnapping, raping and murdering Sarah Everard, a 33-year-old London woman. The eventual Casey report was damning, finding the Met not just institutionally racist, but also institutionally misogynistic, sexist and homophobic.

    According to a separate parliamentary report published last year, Black people are more than nine-and-a-half times more likely to be stopped and searched than White people, even though the vast majority of “stop and search” actions don’t result in any further action.

    The Met is still overwhelmingly White, with only 17% of officers identifying themselves as non-White in 2022, despite the city they police being far more diverse.

    While that is more than the 3% figure recorded in the early 2000s, it is still well below its own targets and not at all reflective of the communities the police serve.

    “We see time and again critical reviews, inquiries, inquest findings, coroner’s recommendations, a whole wealth of potentially lifesaving recommendations, but also very critical recommendations about structural changes needed. And yet there is no enforcement of those recommendations,” Coles said.

    Inquest and other organizations are calling for a new oversight mechanism that would follow up and report on whether correct actions have been taken in response to the numerous inquiries, she added.

    Neville Lawrence, speaking to CNN, says the family has had to fight for justice itself.

    As the Lawrence family and their supporters mark the 30th anniversary of Stephen’s killing, they are still fighting for his killers to face justice.

    It wasn’t until 2012, 19 years after the murder, that two of the five attackers – Gary Dobson and David Norris – were finally convicted and sent to prison. It took a change in law that allowed for a retrial in cases where new evidence is found.

    To date, the other three people allegedly involved in the killing have not been brought to justice.

    Neville Lawrence remains determined to keep fighting – although he said that the publication of the Casey report has made it clear to him, once again, that the family is on its own in this.

    “If you want justice, you have to try and fight for it yourself, you don’t have anybody who is going to be doing it the way they should be doing it,” he said.

    After years of being consumed by grief and anger, Lawrence decided to move back to Jamaica, where his son is buried. “I accept the situation where I had to leave this place so I can have some peace,” he told CNN.

    “I couldn’t even bury my son here because of the vandalism that would have taken place. The amount of times that they vandalized the (memorial) plaque where he fell, that they had to put a camera on it to stop people going there and desecrating it … so just imagine Stephen, if he was here, what they would have done,” he said.

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  • Supreme Court clears way for Texas death row inmate Rodney Reed to try to use DNA to prove innocence | CNN Politics

    Supreme Court clears way for Texas death row inmate Rodney Reed to try to use DNA to prove innocence | CNN Politics

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    CNN
     — 

    The Supreme Court cleared the way on Wednesday for Texas death row inmate Rodney Reed to seek post-conviction DNA evidence to try to prove his innocence.

    Reed claims an all-White jury wrongly convicted him of killing of Stacey Stites, a 19-year-old White woman, in Texas in 1998.

    Texas had argued that he had waited too long to bring his challenge to the state’s DNA procedures in federal court, but the Supreme Court disagreed. Now, he can go to a federal court to make his claim.

    The ruling was 6-3. Justice Brett Kavanaugh delivered the opinion of the court and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson.

    Since Reed’s conviction, Texas courts had rejected his various appeals. Celebrities such as Kim Kardashian and Rihanna have expressed support, signing a petition asking the state to halt his eventual execution.

    The case puts a new focus on the testing of DNA crime-scene evidence and when an inmate can make a claim to access the technology in a plea of innocence. To date, 375 people in the United States have been exonerated by DNA testing, including 21 who served time on death row, according to the Innocence Project, a group that represents Reed and other clients seeking post-conviction DNA testing to prove their innocence.

    Kavanaugh, in his opinion Wednesday, said that the court agreed to hear the case because federal appeals courts have disagreed about when inmates can make such claims without running afoul of the statute of limitations. Kavanaugh said Reed could make the claim after the Texas Court of Criminal Appeals ultimately denied his request for rehearing, rejecting an earlier date set out by the appeals court.

    “Significant systemic benefits ensue from starting the statute of limitations clock when the state litigation in DNA testing cases like Reed’s has concluded,” Kavanaugh said.

    He noted that if any problems with a defendant’s right to due process “lurk in the DNA testing law” the case can proceed through the appellate process, which could ultimately render a federal lawsuit unnecessary.

    Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.

    Alito, joined by Gorsuch in his dissent, said Reed should have acted more quickly to bring his appeal. “Instead,” Alito wrote, “he waited until an execution date was set.”

    Alito charged Reed with making the “basic mistake of missing a statute of limitations.”

    Reed has been on death row for the murder of Stites.

    A passerby found Stites’ body near a shirt and a torn piece of belt. Investigators targeted Reed because his sperm was found inside her. Reed acknowledged the two were having an affair, but says that her fiancé, a local police officer named Jimmy Fennell, was the last to see her alive.

    Reed claims that over the last two decades he has discovered a “considerable body of evidence” demonstrating his innocence. Reed claims that the DNA testing would point to Fennell as the murder suspect. Fennell was later jailed for sexually assaulting a woman in his custody and Reed claims that numerous witnesses said he had threatened to strangle Stites with a belt if he ever caught her cheating on him. Reed seeks to test the belt found at the scene that was used to strangle Stites.

    The Texas law at issue allows a convicted person to obtain post-conviction DNA testing of biological material if the court finds that certain conditions are met. Reed was denied. He came to the Supreme Court in 2018 and was denied again. Now he is challenging the constitutionality of the Texas law arguing that the denial of the DNA testing violates his due process rights. 

    But the 5th US Circuit Court of Appeals held that he waited too long to bring the claim. “An injury accrues when a plaintiff first becomes aware, or should have become aware, that his right had been violated.” The court said that he became aware of that in 2014 and that his current claim is “time barred.” 

    Reed’s lawyers argued that he could only bring the claim once the state appeals court had ruled, at the end of state court litigation. In court, Parker Rider-Longmaid said that the “clock doesn’t start ticking” until state court proceedings come to an end. He said Texas’ reading of the law would mean that other procedures in the appellate process are “irrelevant.”

    This story has been updated with additional developments.

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  • Murder charge dropped against co-defendant in case of killer accused of faking his own death in South Africa | CNN

    Murder charge dropped against co-defendant in case of killer accused of faking his own death in South Africa | CNN

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    CNN
     — 

    South African prosecutors have dropped a murder charge against Zolile Sekeleni, the father of the girlfriend of high-profile convicted murderer Thabo Bester, who is accused of escaping from a South African prison after faking his own death in a fire, officials told CNN Monday.

    Sekeleni’s daughter, Nandipha Magudumana, a prominent medical doctor and personality in South Africa was arrested on April 7 while on the run in Tanzania with Bester.

    Dubbed “The Facebook rapist” in South Africa, Bester was serving a life sentence for the murder and rape of a model in 2012.

    Bester, 35, allegedly faked his death by placing the charred remains of another man in his prison cell, officials said.

    The couple were arrested with a Mozambican national by Tanzanian authorities last week in the border town of Arusha after fleeing South Africa and was subsequently deported to South Africa.

    Magudumana’s father Sekeleni, 65, was arrested on April 8 alongside a former prison warden and a former security camera technician, with the trio accused of being accomplices in Bester’s escape, according to the police and prosecutors.

    He had initially been charged with “defeating the ends of justice, fraud, murder, and arson,” but that has now been dropped, a spokesperson for South Africa’s National Prosecuting Authority (NPA), Phaladi Shuping, told CNN.

    A murder investigation by authorities had earlier concluded that the burned body found in Bester’s cell had died before the fire began.

    An autopsy report also found that the deceased had died as a result of blunt force trauma to the head.

    Shuping said the murder charge was dropped in light of new evidence, but added Sekeleni, a former educator, would face other charges.

    “The state will no longer be proceeding with a charge of murder against Zolile Sekeleni because new evidence came forth, which made us take this decision. He will still face charges of assisting an inmate to escape, defeating the ends of justice and fraud,” NPA spokesperson Shuping said.

    He added that “Sekeleni was released on bail of R10,000 ($550) due to compelling circumstances that were considered by the prosecution, relating to his health.”

    Sekeleni will make another appearance in court on May 16, while a bail hearing for his daughter Magudumana as well as other accused will be held early next month.

    CNN has reached out to his and Magudumana’s lawyer for comment.

    Magudumana was charged with murder and fraud, including aiding and abetting Bester’s escape.

    According to police, he faces new charges of escaping from lawful custody, defeating the ends of justice, violation of a dead body and fraud.

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  • Fulton County, Georgia, jail leadership resigns after inmate’s death and accusations of unsanitary conditions | CNN

    Fulton County, Georgia, jail leadership resigns after inmate’s death and accusations of unsanitary conditions | CNN

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    CNN
     — 

    Three officials at the Fulton County, Georgia, jail have stepped down amid an investigation into the death of an inmate whose family said was housed in a filthy, bug-infested cell that “was not fit for a diseased animal.”

    The Fulton County Jail’s chief jailer and two assistant chief jailers submitted their resignations at the request of Sheriff Patrick “Pat” Labat during an executive staff meeting over the weekend, a statement from the sheriff’s office said without naming them.

    “It’s clear to me that it’s time, past time, to clean house,” Labat said in the Monday statement announcing “sweeping changes” at the facility.

    The resignations come as the family of Lashawn Thompson demands a criminal investigation into his September 2022 death at the jail in Atlanta and for a new facility to be built.

    Thompson’s family said his death was the result of unsanitary conditions at the jail and complications from insect bites. “The cell he was in was not fit for a diseased animal. This is inexcusable and it’s deplorable,” family attorney Michael Harper said at a news conference last week while holding photos that purportedly showed the conditions of Thompson’s jail cell.

    “The manner and cause of death was listed as ‘undetermined’ by the county medical examiner. A full investigation was launched into the circumstances surrounding Mr. Thompson’s death,” the Fulton County Sheriff’s Office said in a statement Thursday.

    Due to health privacy regulations, the sheriff’s office couldn’t share any information about Thompson’s health condition when he was arrested, “or what decisions he made regarding his right to accept or refuse medical care,” the statement said.

    Labat asked for the jail officials’ resignations after reviewing preliminary evidence gathered during the internal investigation, he said in the Monday statement.

    “Collectively, the executive team that’s been in place has more than 65 years of jail administration and law enforcement experience. When leveraged at its very best, that experience can be invaluable. However, it can also lend itself to complacency, stagnation & settling for the status quo,” the statement read.

    Additionally, the sheriff’s office is “reviewing all legal options to change medical vendors and enter into a new contract with a provider that can effectively, consistently and compassionately deliver the best standard of care,” the statement said.

    On Friday, the sheriff’s office said “several immediate actions” had already been taken, including a $500,000 emergency expense “to address the infestation of bed bugs, lice and other vermin” within the jail. A process to transfer more than 600 inmates to other counties “in an effort to help relieve overcrowding, at an average cost of approximately $40K/day,” had also begun, the sheriff’s office said.

    Thompson had been at the jail for about three months prior to his death and was housed in the psychiatric wing because he suffered from mental health issues, Harper, the family attorney said. He was being held on a misdemeanor assault charge.

    The 35-year-old was born in Winter Haven, Florida, and had been living in Atlanta off and on in recent years, his brother, Brad McCrae, said at the news conference. Thompson loved listening to music and cooking, McCrae said.

    When asked by a reporter what he thought when he saw images of his brother’s body and the conditions of his cell, McCrae said, “It was heartbreaking because nobody should be seen like that. Nobody should see that. But the first thing that entered my mind was Emmett Till.”

    The internal Office of Professional Standards investigation and one being conducted by the Atlanta Police Department, which was the responding agency, are underway, the sheriff’s office said Monday. “Once those investigations are completed, the full investigative package will be handed over to the Georgia Bureau of Investigations for review,” the statement read.

    “The final investigative report will not ease the family’s grief or bring their loved one back, but it is my hope and expectation that it provides a full, accurate and transparent account of the facts surrounding Mr. Thompson’s death so that it provides all of the answers they are seeking and deserve,” Labat said in the statement.

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  • He was free for 2 years. Now Crosley Green is back in prison for a crime he says he didn’t commit | CNN

    He was free for 2 years. Now Crosley Green is back in prison for a crime he says he didn’t commit | CNN

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    CNN
     — 

    A Florida man who served three decades behind bars for a murder he says he didn’t commit returned to prison Monday after spending the past two years building a life outside prison walls.

    Since his conditional release in 2021 amid appeals, Crosley Green, 65, had held a job at a machine grafting facility, attended church and spent time with his grandchildren. He even fell in love.

    “I’ve been with this man for two years,” his fiancée, Kathy Spikes, told CNN. “To not be able to have a 5 o’clock phone call to say, ‘I’m home,’ for me to say, ‘What do you want for dinner,’ that’s what I’m anxious about.”

    His return to prison came about two weeks after US District Judge Roy Dalton ruled he must turn himself in to the authorities by April 17 to resume his life sentence.

    Green surrendered to Florida’s Department of Corrections at 5 p.m. Monday, according to his attorneys. He was accompanied by Spikes, family members and his lawyers Keith Harrison and Jeane Thomas, who have represented him pro bono for 15 years.

    Green was allowed to leave prison on conditional release in 2021, about three years after a federal court in Orlando overturned his conviction. The state of Florida appealed that decision and won last year, and Green’s conviction was reinstated. Dalton allowed Green to remain free while he exhausted his legal options. Green’s legal team petitioned the US Supreme Court, but in late February the court declined to hear his case.

    “I can’t be angry at no one,” Green told CNN. “I don’t want no one else to be angry at no one. Anger isn’t going to take you nowhere. Ain’t going to do (anything) but harm you. I’m happy. I’m not happy about going back. I’ve got my future wife, I’ve got my friends that came up here with me. I’ve got my family.”

    Green was convicted in the 1989 shooting death of 21-year-old Charles Flynn. Green, who is Black, was sentenced to death by an all-White jury, then resentenced to life in prison in 2009 due to a technicality related to the sentencing phase of his trial.

    In 2018, Judge Dalton ruled prosecutors had improperly withheld evidence that police at one point suspected someone else was the shooter. But late last year, the 11th Circuit Court of Appeals disagreed and reinstated Green’s conviction, saying the withheld evidence was not material to the case.

    Green’s only options for remaining out of prison now are clemency or parole, according to his legal team.

    “We think he’s an outstanding candidate for parole,” Thomas said. “He’s demonstrated that in the last two years he’s been under supervised release. He’s been an incredibly successful person on the outside with his work, his church and his family.”

    Thomas has pointed out that clemency is not the same as exoneration. She says it is just a mechanism through which the state decides someone has served enough time behind bars to be released.

    Since his release, Green has worn an ankle monitor and been “a model citizen,” according to Thomas.

    “For 15 years now, we have believed wholeheartedly, 100 percent in the innocence of our client,” Thomas said. “As lawyers, we have to believe that the justice system will get it right. We’re going to keep fighting. This is a grave injustice. And we just believe that eventually we will get it right.”

    Despite the latest ruling, Green remains optimistic in his fight to prove his innocence. In a statement shared by his lawyers with CNN, he said, “To me, it’s just another part of what I’m going through now to get my freedom. That’s all it is.”

    He further attributed his perseverance to his faith in comments to CNN.

    “If everyone can just believe in themselves the way I believe in myself, with the Lord, then you can understand and say the things that I can say by not letting anything come between you and your faith,” he said.

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  • New York man sentenced to life in prison for ordering murder-for-hire hit on his brother and mob-linked father | CNN

    New York man sentenced to life in prison for ordering murder-for-hire hit on his brother and mob-linked father | CNN

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    CNN
     — 

    A man convicted for ordering a murder-for-hire hit on his brother and Mafia-associated father in the Bronx, New York was sentenced to life in prison Friday, federal prosecutors said.

    Anthony Zottola Sr., 45, and co-conspirator Himen Ross, 37, were each sentenced to mandatory life sentences plus 112 years in federal prison after a jury found them guilty in 2022 of hiring gang members to murder Zottola’s 71-year-old father, Sylvester, according to the US Attorney’s Office for the Eastern District of New York. Sylvester Zottola was fatally shot in October 2018 as he waited for a cup of coffee at a McDonald’s drive-thru, authorities said.

    Federal prosecutors say the shooting was the third attempt on Sylvester Zottola’s life as part of his son’s scheme to take control of the family’s real-estate business. Prosecutors had previously said Sylvester Zottola was an associate of the Luchese family, one of the five mob families that historically dominated New York, and worked with another known mobster, Vincent Basciano.

    In November 2017, Sylvester Zottola was menaced at gunpoint by a masked person, and in December 2017, three men invaded his home, struck him on the head with a gun, stabbed him and slashed his throat. He survived the first two attempts on his life, prosecutors said.

    In the final murder attempt – which led to Sylvester Zottola’s death – a tracking device had been placed on his car that allowed Ross, who carried out the shooting, to track him to the McDonald’s restaurant, prosecutors said.

    “Over the course of more than a year, the elderly victim, Sylvester Zottola, was stalked, beaten, and stabbed, never knowing who orchestrated the attacks. It was his own son, who was so determined to control the family’s lucrative real estate business, that he hired a gang of hit men to murder his father,” US Attorney Breon Peace said in a statement. “For sentencing his father to a violent death, Anthony Zottola and his co-defendant will spend the rest of their lives in prison.”

    Separately, the defendant’s brother, Salvatore Zottola, was shot in the head, chest and hand in front of his home in July 2018, authorities said. He survived the attack and testified at the trial, CNN previously reported.

    One of Anthony Zottola’s attorneys previously placed blame for the attacks on the Bloods gang.

    “A violent street gang preyed upon Anthony and his family and caused their tragic ruin. We will appeal this verdict to prevent Anthony from becoming another victim of the Bloods gang. He is not guilty of these violent crimes,” defense attorney Henry E. Mazurek said in October.

    Sylvester Zottola held a residential real estate portfolio valued at tens of millions of dollars, and prosecutors said Anthony Zottola, who helped manage the properties, plotted to kill his father and brother to take control of the business.

    The additional 112 years of imprisonment added to Zottola and Ross’ sentences represents the combined ages of Zottola’s father, 71, and brother, 41, when they were shot, the US Attorney’s Office said.

    Ilana Haramati, another of Zottola’s attorneys, said her client will “vigorously pursue an appeal to vindicate his innocence.”

    “Anthony Zottola is a loving father and husband,” Haramati told CNN Saturday. “His sentence to death by incarceration will only compound the trauma that the Zottola family has already suffered.”

    Lawyers for Ross have not yet responded to CNN’s request for comment.

    Six other defendants have pleaded guilty for their roles in the murder-for-hire conspiracy, the US Attorney’s Office said.

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  • 600-plus inmates to be transferred as Fulton County, Georgia, jail deals with overcrowding and outbreak of bedbugs and vermin | CNN

    600-plus inmates to be transferred as Fulton County, Georgia, jail deals with overcrowding and outbreak of bedbugs and vermin | CNN

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    CNN
     — 

    Fulton County, Georgia, Sheriff Patrick “Pat” Labat on Friday announced measures “to address an outbreak of infectious illnesses” at the county jail – including moving more than 600 inmates to other counties, a statement said.

    The measures are the result of a “preliminary investigation” into the death of Lashawn Thompson – an incarcerated man who died in the jail last year, the announcement posted on Facebook said. Thompson’s family says his death was the result of unsanitary conditions at the facility and complications from insect bites, CNN has reported.

    The sheriff said Friday that “an emergency expenditure of $500,000” has been approved to address the jail’s “infestation of bed bugs, lice and other vermin.”

    The sheriff said protocols for security rounds will also be updated to help mitigate the outbreak as well as “transferring more than 600 inmates to other counties in an effort to help relieve overcrowding, at an average cost of approximately $40K/day.”

    It’s unclear where or when the incarcerated persons will be moved.

    The announcement began with the sheriff’s office expressing condolences to Thompson’s family and saying the sheriff has launched “a full investigation into the circumstances surrounding his death.”

    Lashawn Thompson in a family photo.

    On Thursday, Thompson’s family held a news conference to demand a criminal investigation into his death and for the jail to be closed.

    Thompson died while in custody last September. His family’s attorney, Michael Harper, blamed unsanitary conditions and complications from insect bites for Thompson’s death.

    Holding up photos purporting to show conditions in Thompson’s jail cell, Harper said, “The cell he was in was not fit for a diseased animal. This is inexcusable and it’s deplorable.”

    Harper said that Thompson had been in custody on a misdemeanor assault charge since June of 2022 and was housed in the psychiatric wing of the jail because he suffered from mental health issues.

    Brad McCrae, Thompson’s brother, told reporters Thompson was 35 years old, was born in Winter Haven, Florida, and had been living in Atlanta on and off over the last couple of years.

    When asked by a reporter what he thought when he saw images of his brother’s body and the conditions of his cell, McCrae said, “It was heartbreaking because nobody should be seen like that. Nobody should see that. But the first thing that entered my mind was Emmett Till.”

    The Fulton County Sheriff’s Office said in a statement Thursday, “The manner and cause of death was listed as ‘undetermined’ by the county medical examiner. A full investigation was launched into the circumstances surrounding Mr. Thompson’s death.”

    The statement went on to say that the results of that investigation would determine if any criminal investigation is warranted.

    The sheriff’s statement acknowledged the “dilapidated and rapidly eroding conditions” at the jail and said that Labat continues to call for the building of a new jail.

    The family has not filed a lawsuit at this time.

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  • Minneapolis reaches settlements in 2 suits alleging then-officer Derek Chauvin used excessive force years before George Floyd’s killing | CNN

    Minneapolis reaches settlements in 2 suits alleging then-officer Derek Chauvin used excessive force years before George Floyd’s killing | CNN

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    CNN
     — 

    The city of Minneapolis has reached settlements totaling more than $8.8 million in two civil lawsuits that accuse former police officer Derek Chauvin of using excessive force in two incidents that happened nearly three years before he killed George Floyd during an arrest.

    The plaintiffs, John Pope and Zoya Code – both Black – said Chauvin restrained them on the ground with his knee on their necks, a move similar to the one he would later deploy on Floyd and which was determined be a contributing factor in his death.

    Chauvin was sentenced to more than 20 years in prison for Floyd’s 2020 murder, during which the former officer knelt on the 46-year-old Black man’s neck for more than nine minutes as he cried out, “I can’t breathe.”

    The Minneapolis City Council unanimously voted Thursday to approve a $7.5 million settlement in Pope’s case and a $1.375 million in Code’s case, the city said in a release.

    Their lawsuits alleged that the Minneapolis Police Department’s failure to intervene in Chauvin’s pattern of excessive force ultimately led to Floyd’s killing. The two suits collectively named seven other Minneapolis police officers who were present during the arrests as defendants.

    “Derek Chauvin is exactly where he should be, which is in federal prison,” Minneapolis Mayor Jacob Frey said during a media conference on Thursday. “He should have been fired in 2017. He should have been held accountable in 2017. … If the supervisors had done the right thing, George Floyd would not have been murdered.”

    Frey went on to apologize to Pope, Code and any others who have “experienced this kind of egregious conduct at the hands of Derek Chauvin.”

    The attorney who represented Pope and Code, Bob Bennett, said Thursday that problem far exceeds Chauvin.

    “Beware the ease of blaming Chauvin alone. While he is a blunt instrument of police brutality and racism, he could never flourish in a police agency that lived up to its mission statement,” Bennett said in a statement.

    They urged people to “focus instead on the MPD rank and file who supported Chauvin with their unquestioning obedience, failure to intervene to stop his heinous acts, and their failure to report them per policy and human conscience.”

    Minneapolis Police Chief Brian O’Hara apologized Thursday to Pope and Code and called Chauvin “a national embarrassment to the policing profession.”

    “This is an example of the cancer that has infected this department,” O’Hara said. “Today is not a day for excuses or attempts at justification. The notion that we are dealing with the bad actions of one employee is false. We are dealing with the ugly consequences stemming from a systemic failure within the Minneapolis Police Department that has allowed for, and at times encouraged, unjust and brutal policing.”

    The US Department of Justice launched a federal civil investigation into the Minneapolis Police Department’s practices in April 2021.

    CNN has attempted to reach out to Chauvin’s attorney for comment.

    Code encountered Chauvin on June 25, 2017, when he and another officer responded to a call in which Code’s mother reported her daughter assaulted her, the lawsuit states.

    While in the home, the officers forced Code to the ground and handcuffed her “without incident,” according to the lawsuit. Chauvin then carried her out of the house by her arms, which were handcuffed behind her back, it says.

    “Outside the residence, Defendant Chauvin gratuitously slammed Zoya’s unprotected head on the ground. Then he immediately took his signature pose, kneeing on the back of Zoya’s neck,” the lawsuit states. The city said in its Thursday release that Chauvin knelt on her for several minutes, even after she had been restrained by a hobble.

    Chauvin later lied about the encounter in his police report and “left out critical information about the interaction,” the city said.

    Code’s experience was “strikingly similar” to that of Pope, who was 14 years old at the time of his September 4, 2017 arrest, their attorneys said.

    While responding to a domestic dispute call, Chauvin repeatedly struck Pope in the head with a metal flashlight and pinned him to the floor with his knee on Pope’s upper back and neck for more than 15 minutes, the lawsuit states.

    “Many significant details in the officers’ reports are not consistent with what happened,” during their interaction with Pope that day, the city said.

    That encounter led to a federal civil rights indictment against Chauvin, who pleaded guilty to all charges in December 2021, admitting to using “unreasonable and excessive force.”

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