Tag: Courts

Man gets jail for joining Capitol riot after Tinder date

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A Delaware business owner has been sentenced to 30 days of incarceration for storming the U.S. Capitol after seeing the riot erupt on a Tinder date’s television and taking an Uber ride to join the mob’s attack, court records show.

U.S. District Judge Thomas Hogan also on Friday ordered Jeffrey Schaefer to pay a $2,000 fine and $500 in restitution for his participation in the Jan. 6, 2021, riot in Washington.

On the eve of then-President Donald Trump‘s “Stop the Steal” rally on Jan. 6, Schaefer drove from Delaware to northern Virginia to spend the night at the home of a woman whom he had met on the Tinder online dating app. The next day, he decided to take an Uber ride to the Capitol after seeing the riot unfold on TV at his date’s home in Alexandria.

“He had the Uber driver drop him off near the west front of the Capitol and he approached the Capitol from that drop off point,” Justice Department prosecutor Anita Eve wrote in a court filing.

Schaefer entered the Capitol though a broken window near the Senate Wing doors, joined other rioters in chanting and spent approximately 28 minutes inside the building before leaving through a door, prosecutors said. He posted several images of the riot on Facebook, including one showing a pile of destroyed media equipment.

Schaefer, 36, of Milton, Delaware, was arrested in January 2022, He pleaded guilty in August to one count of parading, demonstrating or picketing in a Capitol building, a misdemeanor punishable by a maximum sentence of six months behind bars.

Defense attorney Joshua Insley noted that Schaefer wasn’t accused of engaging in any violence or destructive conduct on Jan. 6, when Congress had convened a joint session to certify the results of President Joe Biden’s 2020 electoral victory.

Schaefer owns a charter transportation company based in Milton. Once a “committed supporter” of Trump, Schaefer now believes he was “manipulated and used by those who hold power and will never face any consequences,” his lawyer said.

“While Mr. Schaefer accepts responsibility for his actions, he was guided and urged every step of the way by no less of an authority than the President of the United States and a majority of Republican Senators and Congressman that continued to repeat the ‘Big Lie’ that the election had been stolen by the Democrats,” Insley wrote.

More than 900 people have been charged with Capitol riot-related federal crimes. Over 460 of them have pleaded guilty, mostly to misdemeanor offenses. Over 320 of them have been sentenced, with roughly half of them receiving terms of imprisonment ranging from seven days to 10 years.

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For full coverage of the Capitol riot, go to https://www.apnews.com/capitol-siege

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November 19, 2022
Georgia asks court to immediately reinstate abortion ban

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ATLANTA — Georgia officials asked a court on Friday to immediately block a judge’s ruling striking down the state’s abortion ban. The ruling allowed the procedure to again be performed beyond about six weeks of pregnancy.

Fulton County Superior Court Judge Robert McBurney’s decision earlier this week was “remarkable” and relied on a “wholly unsupported theory that has no basis in law, precedent, or common sense,” the state attorney general’s office said in court documents filed with the Georgia Supreme Court.

It asked the high court for an order immediately putting McBurney’s decision on hold while the justices take more time to consider an appeal. Such an order would restore the state’s ban on abortion, which started roughly six weeks into pregnancy.

“This Court should stay the lower court’s decision now, without waiting to overrule it months down the line, while untold numbers of unborn children suffer the permanent consequences,” Georgia Solicitor General Stephen Petrany wrote.

The American Civil Liberties Union of Georgia, which represented doctors and advocacy groups that asked McBurney to throw out the law, said the judge’s ruling was correct and should stand. It also noted that abortion providers resumed performing the procedure past six weeks following his ruling.

“Appropriate reproductive health care has restarted in this state, and it should continue — with Georgia’s women and their partners being free to make private decisions about when and whether to have a family, without politicians,” ACLU of Georgia Executive Director Andrea Young said in a statement.

McBurney ruled Tuesday that the state’s abortion ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. v. Wade and another ruling allowed abortion well past six weeks. Legislatures exceed their authority when they enact laws that violate a constitutional right declared by the judicial branch, he wrote, adding that such laws are void when they are passed.

The decision immediately prohibited enforcement of the abortion ban statewide. It had been in effect since July and prohibited most abortions once a “detectable human heartbeat” was present.

Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart around six weeks into a pregnancy. That means most abortions in Georgia were effectively banned at a point before many people knew they were pregnant.

In his court filing, Petrany noted that Georgia’s ban went into effect after the U.S. Supreme Court in June overturned Roe v. Wade. When judicial precedents are overruled, they were never the law, he wrote.

“No other court has ever held that an overruled judicial opinion can, like a zombie rising from the grave, invalidate otherwise perfectly valid laws,” he claimed.

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November 18, 2022
Man who blamed Trump’s ‘orders’ for Jan. 6 riot sentenced

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WASHINGTON — A federal judge on Friday sentenced an Ohio man who claimed he was only “following presidential orders” from Donald Trump when he stormed the U.S. Capitol to 3 years in prison.

Dustin Byron Thompson was convicted in April by a jury that took less than three hours to reject his novel defense for obstructing Congress from certifying Joe Biden’s presidential victory.

The jury also found Thompson guilty of all five of the other charges in his indictment, including stealing a coat rack from an office inside the Capitol during the Jan. 6, 2021 riot.

Thompson apologized and said he was ashamed of his actions.

U.S. District Judge Reggie Walton told Thompson he could not understand how someone who had a college degree could “go down the rabbit hole” and believe “so much in a lie.” The judge said Thompson had to pay a price for a “serious crime” that undermined the “integrity and existence of this country.”

The maximum sentence for the obstruction count was 20 years imprisonment. The government had recommended a sentence of 70 months while the defense sought a year and a day in prison.

Thompson testified at trial that he joined the mob’s attack and stole the coat rack and a bottle of bourbon. He said he regretted his “disgraceful” behavior. But he also said he believed Trump’s false claim that the election was stolen and was trying to stand up for him.

Thompson was charged and convicted on six counts: obstructing Congress’ joint session to certify the Electoral College vote, theft of government property, entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly or disruptive conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building.

More than 770 people have been charged with federal crimes arising from the riot. Over 250 of them have pleaded guilty, mostly to misdemeanors. Thompson was the fifth person to be tried on riot-related charges.

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November 18, 2022
What to know if you’ve applied for student loan forgiveness

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NEW YORK — President Joe Biden’s plan to provide up to $20,000 in federal student loan forgiveness has been blocked by two federal courts, leaving millions of borrowers wondering what happens next. The administration plans to appeal. Here’s what to know if you’ve applied for relief:

WHAT HAPPENS NOW?

While the application for relief has been taken down from the Federal Student Aid website, applications that have already been filed are on hold while the appeal works its way through the courts.

“Courts have issued orders blocking our student debt relief program,” the Education Department said on its site. “As a result, at this time, we are not accepting applications. We are seeking to overturn those orders.”

A federal judge in Texas ruled that the plan overstepped the White House’s authority. Before that, a federal appeals court in St. Louis put the plan on temporary hold while it considers a challenge from six Republican-led states.

Still, advocates believe the administration will succeed in court.

“We’re really confident they’re going to find a way forward to cancel people’s debt,” said Katherine Welbeck at the Student Borrower Protection Center.

Experts say student loan forgiveness has the potential to end up before the Supreme Court, meaning this could be a lengthy process.

WHEN DO PAYMENTS RESUME?

Most people with student loan debt have not been required to make payments during the coronavirus pandemic, but payments are set to resume, along with the accrual of interest, in January.

Biden previously said the payment pause will not be extended again, but that was before the courts halted his plan. He’s now facing mounting pressure to continue the pause while the legal challenges to the program play out.

WHAT IF I ALREADY APPLIED FOR RELIEF?

More than 26 million people applied for cancellation over the course of less than a month, according to the Education Department. If you’re one of them, there’s nothing more you need to do right now.

About 16 million people already had their applications approved, according to the Biden administration. Yet because of court actions, none of the relief has actually been delivered.

The Education Department will “quickly process their relief once we prevail in court,” White House Press Secretary Karine Jean-Pierre said.

WHAT IF I HAVEN’T YET APPLIED FOR RELIEF?

For those who have not yet applied, the application for debt cancellation is no longer online. But there are still steps people can take to make sure their debt is canceled, should the appeal be successful, according to Welbeck.

“People should still check their eligibility,” she said. “As news changes, people should look out for updates from the Department of Education.”

You can sign up to receive the latest from the Federal Student Aid website here.

WHO QUALIFIES, SHOULD THE APPEAL SUCCEED?

The debt forgiveness plan announced in August would cancel $10,000 in student loan debt for those making less than $125,000 or households with less than $250,000 in income. Pell Grant recipients, who typically demonstrate more financial need, would get an additional $10,000 in debt forgiven, for a total of $20,000.

Borrowers qualify if their loans were disbursed before July 1.

About 43 million student loan borrowers are eligible for some debt forgiveness, with 20 million who could have their debt erased entirely, according to the administration.

ARE THERE OTHER PATHWAYS TO CANCELLATION?

For those who have worked for a government agency or a nonprofit organization, the Public Service Loan Forgiveness program offers cancellation after 10 years of regular payments, and some income-driven repayment plans cancel the remainder of a borrower’s debt after 20 to 25 years, according to Welbeck.

“Borrowers should make sure they’re signed up for the best income-driven repayment plan possible,” Welbeck said. In July, the administration will be reviewing and adjusting some of the accounts enrolled in these plans. You can find out more about those plans here.

Borrowers who have been defrauded by for-profit schools may also apply for borrower defense and receive relief on that account, Welbeck said.

SHOULD I RESUME PAYMENTS WHEN THE PAYMENT PAUSE IS LIFTED?

Advocates, including the Student Borrower Protection Center, are still urging the president to extend the pandemic-era payment freeze, arguing that students are entitled to the promised cancellation before the January repayment date arrives.

That said, Welbeck recommends logging on to your account, making sure you know who your servicer is, your due date, and whether you’re enrolled in the best income-driven repayment plan, as you resume making payments.

The Student Borrower Protection Center is holding regular webinars on how to follow the changing policy in the coming months. You can sign up for those here.

If your budget doesn’t allow you to resume payments, it’s important to know how to navigate the possibility of default and delinquency on a student loan. You can read more about those here. Both can hurt your credit rating, which would make you ineligible for additional aid.

If you’re in a short-term financial bind, you may qualify for a deferment or a forbearance. With either of these options, you can talk to your servicer about ways to temporarily suspend your payments. You can learn more about those options here.

WHAT ELSE SHOULD I KNOW?

Watch out for scams and get information only from trusted sources such as the Federal Student Aid site of the Department of Education.

IS IT POSSIBLE THE DEBT WON’T BE CANCELLED?

Yes. The issue of debt forgiveness is now before the courts.

The administration is not saying whether or not it’s exploring other options for canceling debt if it loses its appeals. But advocates point to other ways the debt might be forgiven, including through the Higher Education Act.

HOW DO I PREPARE FOR STUDENT LOAN PAYMENTS TO RESTART?

Betsy Mayotte, President of the Institute of Student Loan Advisors, encourages people not to make any payments until the pause has ended.

“I’ve been telling people to pretend they’re paying their student loan, but to put it into an interest-bearing account for now if you’re able,” she said. “Then you’ve maintained the habit of making the payment, but earning a little bit of interest as well. There’s no reason to send that money to the student loans until the last minute of the zero percent interest rate.”

Mayotte recommends that borrowers use the loan simulator tool at StudentAid.gov or the one on TISLA’s website to find the repayment course that best fits their needs. Once you plug in your information, it tells you what your monthly payment would be under each available plan, as well as what the long-term costs amount to.

“I really want to emphasize the long-term,” Mayotte said. “Oftentimes I see people who might be having a financial struggle. They’ll find a lower monthly repayment option, and then, ‘Set it and forget it.’”

Mayotte encourages people to switch to higher payments if their financial situation stabilizes, so the loan doesn’t end up costing more in the long run.

Other useful tips that can shave costs for borrowers:

— If you sign up for automatic payments, the servicer takes a quarter of a percent off your interest rate, according to Mayotte.

— Income-driven repayment plans aren’t right for everyone. That said, if you know you will eventually qualify for forgiveness under the Public Service Loan Forgiveness Program, it makes sense to make the lowest monthly payments possible, as the remainder of your debt will be cancelled once that decade of payments is complete.

— Re-evaluate your monthly student loan repayment at tax time, when you already have all your financial information in front of you. “Can you afford to increase it? Or do you need to decrease it?” Mayotte said. “Always look at your long-term student loan management strategy.”

— Break up payments into whatever ways work best for you, whether that means two installments during the month, so it’s not a large lump sum at the end or the beginning, or setting aside cash in envelopes for designated purposes.

“Even if it’s an extra $5 or $20 a month, that’s a good strategy,” Mayotte said. “If they can afford to pay a little more per month — the more you pay and faster you pay, the less you’ll pay in the long run.”

Mayotte gave one example of a borrower with debt from higher education in the six figures. She was recently married, and she and her husband and kids decided to save every five dollar bill in a cookie jar to go towards the loans.

“That added up to a few more hundred dollars each quarter,” Mayotte said. “Everybody has a different financial personality. There are those who are really good at budgets. There are people who need to play games and trick themselves. And people shouldn’t judge each other people’s financial personalities.”

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The Associated Press receives support from Charles Schwab Foundation for educational and explanatory reporting to improve financial literacy. The independent foundation is separate from Charles Schwab and Co. Inc. The AP is solely responsible for its journalism.

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November 18, 2022
2 Hawaiian men guilty of hate crime in white man’s beating

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HONOLULU — A jury on Thursday found two Native Hawaiian men guilty of a hate crime for the 2014 beating of a white man who was fixing up a house he purchased in their remote Maui neighborhood.

U.S. District Judge J. Michael Seabright ordered Kaulana Alo-Kaonohi and Levi Aki Jr. detained pending sentencing scheduled for March 2, and marshals moved to handcuff the two men after the verdict was announced in the afternoon.

Family members and supporters wept in the courtroom and called out to the men: “I love you,” and “Be good.” “God bless you daddy,” said Alo-Kaonohi’s son Kahue, 3.

In an unusual move, the U.S. Department of Justice sought to prosecute Alo-Kaonohi and Aki and secured a federal grand jury indictment in December 2020 charging each with a hate crime count punishable by up to 10 years in prison.

Prosecutors alleged during the trial in U.S. District Court in Honolulu that Alo-Kaonohi and Aki were motivated by Christopher Kunzelman’s race when they punched, kicked and used a shovel to beat him in Kahakuloa village. Kunzelman was left with injuries including a concussion, two broken ribs and head and abdominal trauma, prosecutors said.

Alo-Kaonohi previously pleaded no contest to felony assault in state court and was sentenced to probation, while Aki pleaded no contest to terroristic threatening and was sentenced to probation and nearly 200 days in jail. The federal trial was held separately, to determine if they were guilty of a hate crime. It’s unclear why it took so long for U.S. prosecutors to pursue hate crime charges.

Local attorneys say they’ve never heard of the federal government prosecuting Native Hawaiians for hate crimes before this case.

Lawyers for Alo-Kaonohi and Aki did not deny the assault but said it was not a hate crime. It was not race that sparked the attack, they said, but Kunzelman’s entitled and disrespectful attitude.

The men were upset that Kunzelman cut locks to village gates, their attorneys said. Kunzelman said he did so because residents were locking him in and out. He testified that he wanted to provide the village with better locks and distribute keys to residents.

Kunzelman testified that while Alo-Kaonohi and Aki beat him, they told him no white people would ever live in Kahakuloa village. However, he acknowledged that’s not heard in video recorded during the attack.

Kunzelman said he decided to take two pistols to Maui after hearing that a contractor he hired to do mold remediation had been assaulted when he showed up and after his realtor said the close-knit community of Native Hawaiians had a problem with white people.

He also installed cameras on his vehicle, which were on during the attack. The vehicle was parked under the house and recorded images of what was happening downstairs, including Aki pacing with a shovel on his shoulder. The video only captured audio from the assault, which took place upstairs.

Lawyers for Alo-Kaonohi an Aki told jurors the video shows that they didn’t use any racial slurs.

“Haole,” a Hawaiian word with meanings that include foreign and white person, was central to the case, highlighting multicultural Hawaii’s nuanced and complicated relationship with race.

At one point Aki is heard saying, “You’s a haole, eh,” using a Hawaiian word that can mean white person. Defense attorneys said he didn’t use the word in a derogatory way.

“It’s not a hate crime to assault somebody and in the course of it use the word ‘haole,’” court-appointed attorney Lynn Panagakos said during her opening statement. She noted that Aki is part-Hawaiian and part-haole.

“’Haole’ has multiple meanings depending on the context,” she said. “It’s an accepted word.”

Megan Kau, a Native Hawaiian attorney not involved in the case, said it depends on the tone and manner in which the word is used.

“These Native Hawaiians who live in a secluded, very traditional community who use the term ‘haole’ to describe people that are not from Hawaii — that’s the term that they use,” she said. “We all very often use the term ‘haole.’ It’s not derogatory unless you use it in a derogatory sense.”

Wiping away tears outside the courthouse following the verdict, Alo-Kaonohi’s father, Chico Kaonohi, said bias was not a motivation behind the attack and “’Haole’ is not a racial word.”

“Where we come from, we’re not racial people,” Chico Kaonohi, said. “It wasn’t about race.”

Attorneys for both defendants declined to comment Thursday. Prosecutors did not immediately respond to an email seeking comment.

Kunzelman testified that he and his wife decided to move to Maui from Scottsdale, Arizona, after she was diagnosed with multiple sclerosis. He said his wife loved the island.

He said that a Hawaiian woman visited him in his dreams and told him to buy the dilapidated oceanfront house, which he and his wife purchased sight-unseen for $175,000 after coming across a listing for it online.

Kunzelman and his family never got to live in the home, he testified. They now reside in Puerto Rico.

He sat in the courtroom watching as the verdict was announced. He could not immediately be reached for comment afterward.

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This story has been corrected to reflect that the defendant’s son is 3 years old, not 4.

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November 17, 2022
Elizabeth Holmes faces judgment day for her Theranos crimes

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SAN JOSE, Calif. — A federal judge on Friday will decide whether disgraced Theranos CEO Elizabeth Holmes should serve a lengthy prison sentence for duping investors and endangering patients while peddling a bogus blood-testing technology.

Holmes’ sentencing in the same San Jose, California, courtroom where she was convicted on four counts of investor fraud and conspiracy in January marks a climactic moment in a saga that has been dissected in an HBO documentary and an award-winning Hulu TV series about her meteoric rise and mortifying downfall.

U.S. District Judge Edward Davila will take center stage as he weighs the federal government’s recommendation to send Holmes, 38, to federal prison for 15 years. That’s slightly less than the maximum sentence of 20 years she could face, but far longer than her legal team’s attempt to limit her incarceration to no more than 18 months, preferably served in home confinement.

Her lawyers have argued that Holmes deserves more lenient treatment as a well-meaning entrepreneur who is now a devoted mother with another child on the way. Their arguments were supported by more than 130 letters submitted by family, friends and former colleagues praising Holmes.

A probation report also submitted to Davila recommended a nine=year prison sentence for Holmes.

Prosecutors also want Holmes to pay $804 million in restitution. The amount covers most of the nearly $1 billion that Holmes raised from a list of sophisticated investors that included software magnate Larry Ellison, media mogul Rupert Murdoch, and the Walton family behind Walmart.

While wooing investors, Holmes leveraged a high-powered Theranos board that included former U.S. Defense Secretary James Mattis, who testified against her during her trial, and two former U.S. Secretaries of State, Henry Kissinger and the late George Shultz, whose son submitted a statement blasting Holmes for concocting a scheme that played Shultz “for the fool.”

Davila’s judgment – and Holmes’ reporting date for a potential stint in prison — could be affected by the former entrepreneur’s second pregnancy in two years. After giving birth to a son shortly before her trial started last year, Holmes became pregnant at some point while free on bail this year.

Although her lawyers didn’t mention the pregnancy in a 82-page memo submitted to Davila last week, the pregnancy was confirmed in a letter from her current partner, William “Billy” Evans, that urged the judge to be merciful.

In that 12-page letter, which included pictures of Holmes doting on their 1-year-old son, Evans mentioned that Holmes participated in a Golden Gate Bridge swimming event earlier this year while pregnant. He also noted Holmes suffered through a case of COVID in August while pregnant. Evans didn’t disclose Holmes’ due date in his letter.

Duncan Levin, a former federal prosecutor who is now a defense attorney, predicted that Davila’s sentencing decision won’t be swayed by the pregnancy, but expects the judge to allow her to remain free until after the baby is born.

“She will be no more of a flight risk after she is sentenced that she was while awaiting sentencing,” Levin said. “We have to temper our sentences with some measure of humanity.”

The pregnancy makes it more likely Davila will be criticized no matter what sentence he imposes, predicted Amanda Kramer, another former federal prosecutor.

“There is a pretty healthy debate about what kind of sentence is needed to effect general deterrence to send a message to others who are thinking of crossing that line from sharp salesmanship into material misrepresentation,” Kramer said.

Federal prosecutor Robert Leach emphatically declared Holmes deserves a severe punishment for engineering a scam that he described as one of the most egregious white-collar crimes ever committed in Silicon Valley. In a scathing 46-page memo, Leach told the judge he has an opportunity to send a message that curbs the hubris and hyperbole unleashed by the tech boom of the past decade.

Holmes “preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare,” Leach wrote. “And through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

Even though Holmes was acquitted by a jury on four counts of fraud and conspiracy tied to patients who took Theranos blood tests, Leach also asked Davila to factor in the health threats posed by Holmes’ conduct.

Holmes’ lawyer Kevin Downey painted her as a selfless visionary who spent 14 years of her life trying to revolutionize health care with a technology that was supposed to be able to scan for hundreds of diseases and other aliments with just a few drops of blood.

Although evidence submitted during her trial showed the tests produced wildly unreliable results that could have steered patients in the wrong direction, her lawyers asserted Holmes never stopped trying to perfect the technology until Theranos collapsed in 2018. They also pointed out that Holmes never sold any of her Theranos shares — a stake valued at $4.5 billion in 2014 when Holmes was being hailed as the next Steve Jobs on the covers of business magazines.

Defending herself against criminal charges has left Holmes with “substantial debt from which she is unlikely to recover,” Downey wrote, suggesting that she is unlikely ever to pay any restitution that Davila might order as part of her sentence.

“Holmes is not a danger to society,” Downey wrote.

Downey also asked Davila to consider the alleged sexual and emotional abuse Holmes suffered while she was romantically with Ramesh “Sunny” Balwani, who became a Theranos investor, top executive and eventually an accomplice in her crimes. Balwani, 57, is scheduled to be sentenced Dec. 7 after being convicted in a July trial on 12 counts of fraud and conspiracy.

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November 17, 2022
Starbucks workers strike at more than 100 US stores

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Starbucks workers at more than 100 U.S. stores are on strike Thursday in their largest labor action since a campaign to unionize the company’s stores began late last year.

The walkouts coincide with Starbucks’ annual Red Cup Day, when the company gives free reusable cups to customers who order a holiday drink. Workers say it’s often one of the busiest days of the year. Starbucks declined to say how many red cups it plans to distribute.

Workers say they’re seeking better pay, more consistent schedules and higher staffing levels in busy stores. Stores in 25 states planned to take part in the labor action, according to Starbucks Workers United, the group organizing the effort. Strikers are handing out their own red cups with union logos.

Starbucks, which opposes the unionization effort, said it is aware of the walkouts and respects its employees’ right to lawfully protest. The Seattle company noted that the protests are happening at a small number of its 9,000 company-run U.S. locations.

“We remain committed to all partners and will continue to work together, side-by-side, to make Starbucks a company that works for everyone,” the company said Thursday in a statement.

Some workers planned to picket all day while others will do shorter walkouts. The union said the goal is to shut stores down during the strikes, and noted that the company usually has difficulty staffing during Red Cup Day because it’s so busy.

Willow Montana, a shift manager at a Starbucks store in Brighton, Massachusetts, planned to strike because Starbucks hasn’t begun bargaining with the store despite a successful union vote in April.

“If the company won’t bargain in good faith, why should we come to work where we are understaffed, underpaid and overworked?” Montana said.

Others, including Michelle Eisen, a union organizer at one of the first stores to organize in Buffalo, New York, said workers are angry that Starbucks promised higher pay and benefits to non-union stores. Starbucks says it is following the law and can’t give union stores pay hikes without bargaining.

At least 257 Starbucks stores have voted to unionize since late last year, according to the National Labor Relations Board. Fifty-seven stores have held votes where workers opted not to unionize.

Starbucks and the union have begun contract talks at 53 stores, with 13 additional sessions scheduled, Starbucks Workers United said. No agreements have been reached so far.

The process has been contentious. Earlier this week, a regional director with the NLRB filed a request for an injunction against Starbucks in federal court, saying the company violated labor law when it fired a union organizer in Ann Arbor, Michigan. The regional director asked the court to direct Starbucks to reinstate the employee and stop interfering in the unionization campaign nationwide.

It was the fourth time the NLRB has asked a federal court to intervene. In August, a federal judge ruled that Starbucks had to reinstate seven union organizers who were fired in Memphis, Tennessee. A similar case in Buffalo has yet to be decided, while a federal judge ruled against the NLRB in a case in Phoenix.

Meanwhile, Starbucks has asked the NLRB to temporarily suspend all union elections at its U.S. stores, citing allegations from a board employee that regional officials improperly coordinated with union organizers. A decision in that case is pending.

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November 17, 2022
Brussels’ uphill battle to confiscate Russian assets

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The European Commission is exploring legal options to confiscate Russian state and private assets as a way to pay for Ukraine’s reconstruction, according to a document seen by POLITICO.

The goal would be “identifying ways to strengthen the tracing, identification, freezing and management of assets as preliminary steps for potential confiscation,” according to the document.

The potential bounty would consist of nearly $300 billion frozen Russian central bank assets, as well as assets and revenues of individuals and entities on the EU’s sanctions list. The idea was floated already in May, and is supported by Kyiv, as well as Poland, the Baltics and Slovakia. EU leaders in October tasked the Commission to look into legal options to seize Russian assets currently frozen under sanctions.

But the conundrum is that there’s currently no legal mechanism to confiscate Russian assets — as pointed out by U.S. Treasury Secretary Janet Yellen back in May. It would need to be created.

“There may be a path for the EU to validly confiscate frozen assets under international law, but it is likely a narrow, a long and an untested path,” said Jan Dunin-Wasowicz, a lawyer at Hughes Hubbard & Reed.

That isn’t deterring the Commission from looking into it.

With regards to private assets belonging to sanctioned people or entities, Brussels is readying proposals to make sanctions evasion an EU crime, a step which would facilitate their confiscation — but only in case of a criminal conviction. Even then, the EU would need to argue each case in court, likely having to litigate for years.

That’s because a lot of these assets would be considered foreign investments, which enjoy protection against expropriation without compensation and a right to fair and equitable treatment under international treaties that Russia has with a lot of EU countries.

The confiscating authority would also need to draw a clear link between the property owner and the conflict in Ukraine.

“To ensure proportionality, you would need to look at who are the owners, what did they do, et cetera,” said Stephan Schill, professor of international and economic law and governance at the University of Amsterdam.

With regards to frozen foreign reserves of the central bank, the largest money pot, the EU executive writes in the document that “these are generally considered to be covered by immunity,” with a footnote pointing to a U.N. convention on jurisdictional immunities of foreign states and their property, which is however not yet in force.

“From an international law perspective, it’s pretty clear that without Russia’s consent you can’t use Russian central bank assets,” said Schill.

As for assets of Russian-owned state enterprises, the paper notes that these wouldn’t be “in principle” covered by such convention, but grabbing them may raise problems linked to the confiscation of private assets, “in addition to the need to demonstrate a sufficient connection to the Russian state.”

The EU is also mulling an “exit tax” on the assets or proceeds from assets of sanctioned individuals that want to transfer their property out of the EU. This could run into legal problems of its own, as it would target a specific group of individuals — which runs counter to non-discrimination provisions in international law — and they in turn could invoke the human right to property as a defence.

To Schill’s knowledge, there is no recent and valid precedent for any of these options.

“The EU and member states are trying to introduce new criminal law,” he said.

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November 17, 2022
Starbucks workers plan strikes at more than 100 US stores

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Starbucks workers at more than 100 U.S. stores say they’re going on strike Thursday in what would be the largest labor action since a campaign to unionize the company’s stores began late last year.

The walkouts are scheduled to coincide with Starbucks’ annual Red Cup Day, when the company gives free reusable cups to customers who order a holiday drink. Workers say it’s often one of the busiest days of the year. Starbucks declined to say how many red cups it plans to distribute.

Workers say they’re seeking better pay, more consistent schedules and higher staffing levels in busy stores. Starbucks opposes the unionization effort, saying the company functions best when it works directly with employees. The Seattle coffee giant has more than 9,000 company-owned stores in the U.S.

Stores in 25 states planned to take part in the labor action, according to Starbucks Workers United, the group organizing the effort. Some workers planned to picket all day while others planned shorter walkouts. The union said the goal is to shut the stores down during the walkouts.

Willow Montana, a shift manager at a Starbucks store in Brighton, Massachusetts, planned to strike because Starbucks hasn’t begun bargaining with the store despite a successful union vote in April.

“If the company won’t bargain in good faith, why should we come to work where we are understaffed, underpaid and overworked?” Montana said.

Others, including Michelle Eisen, a union organizer at one of the first stores to organize in Buffalo, New York, said workers are angry that Starbucks promised higher pay and benefits to non-union stores. Starbucks says it is following the law and can’t give union stores pay hikes without bargaining.

At least 257 Starbucks stores have voted to unionize since late last year, according to the National Labor Relations Board. Fifty-seven stores have held votes where workers opted not to unionize.

Starbucks and the union have begun contract talks at 53 stores, with 13 additional sessions scheduled, Starbucks Workers United said. No agreements have been reached so far.

The process has been contentious. Earlier this week, a regional director with the NLRB filed a request for an injunction against Starbucks in federal court, saying the company violated labor law when it fired a union organizer in Ann Arbor, Michigan. The regional director asked the court to direct Starbucks to reinstate the employee and stop interfering in the unionization campaign nationwide.

It was the fourth time the NLRB has asked a federal court to intervene. In August, a federal judge ruled that Starbucks had to reinstate seven union organizers who were fired in Memphis, Tennessee. A similar case in Buffalo has yet to be decided, while a federal judge ruled against the NLRB in a case in Phoenix.

Meanwhile, Starbucks has asked the NLRB to temporarily suspend all union elections at its U.S. stores, citing allegations from a board employee that regional officials improperly coordinated with union organizers. A decision in that case is pending.

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November 17, 2022
Georgia sheriff investigates jailers shown punching detainee

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SAVANNAH, Ga. — Security video from a Georgia jail shows a detainee being pushed against a wall by guards and repeated punched in the head and neck after five deputies come into the man’s cell.

An attorney for the detainee, 41-year-old Jarrett Hobbs, released the video Monday. Civil rights attorney Harry Daniels said authorities should pursue criminal charges against the sheriff’s deputies in Camden County who swarmed Hobbs after he was booked for traffic violations and drug possession charges Sept. 3.

“It’s undeniable that Mr. Hobbs was approached by jailers and he was assaulted, punched multiple times in the back of his head, kneed in his head and dragged out of his cell,” Daniels said. “This is a brutal beating, a brutal attack.”

Camden County Sheriff Jim Proctor’s office said in a statement Monday that the sheriff had reviewed the video with members of his commend staff and ordered an internal investigation “to begin immediately.”

Daniels questioned why nothing happened sooner. The confrontation between Hobbs and the jailers happened more than two months ago, and Hobbs was charged with fighting the deputies that same day.

A spokesman for the sheriff, Capt. Larry Bruce, declined to answer further questions, including whether the guards involved remained on duty.

Jail records show Hobbs, of Greensboro, North Carolina, was arrested Sept. 3 in coastal Camden County, about 100 miles (160 kilometers) south of Savannah. He was initially booked on charges of speeding, driving on a suspended or revoked license and possessing an illegal drug.

The sheriff’s office released no details of what happened in Hobbs’ cell. But federal court records in North Carolina, where Hobbs was on probation for a 2014 federal criminal conviction, say guards entered Hobbs’ cell because he was repeatedly kicking his cell door and refusing orders to stop.

The video shows Hobbs alone in a cell standing by the door, then turning toward the bed and picking up two objects. His attorney said they were a piece of paper and a sandwich. A guard rushes into the cell and grabs Hobbs around the neck, trying to push him into a corner. Four others come in behind him.

As jailers try to hold Hobbs by his wrists, one of them starts punching Hobbs in the back of the head and neck. The video shows at least two other guards throwing punches. A second video from a camera outside the cell shows jailers drag Hobbs through the open door and hurl him against a wall. A deputy rapidly raises his right knee and foot a few times, though it’s unclear if he was striking Hobbs. The struggle continues until Hobbs, who is out of the camera frame, appears to be pinned on the ground. The entire confrontation lasts about a minute.

Jail records show Hobbs was charged afterward with aggravated battery, simple assault and obstruction of law enforcement officers. Hobbs is a Black man. The sheriff’s office did not release any details about the jailers involved, including their races.

There is no sound in the video released by Daniels. The attorney said he has a copy with audio, but he declined to share it.

Federal authorities looked into the charges against Hobbs in Georgia to determine whether he had violated his probation stemming from his 2014 guilty plea to a charge of conspiracy to commit bank and wire fraud, according to court records.

A judge’s order Oct. 20 said a probation officer testified that Hobbs had “punched one deputy in the face while punching another deputy in the side of the head. One deputy sustained a bruised eye and a broken hand as a result of the incident.”

It’s unclear on the video recordings to what extent Hobbs fought the jailers. In most of the video Hobbs is either obscured by the guards surrounding him or is out of the frame.

His attorney, Daniels, said Hobbs would have been justified to fight back against guards attacking him unlawfully. He said the guard with the broken hand injured himself by punching a wall as he swung at Hobbs.

Court records show a federal judge in North Carolina revoked Hobbs’ probation Nov. 7 after finding he had violated the terms of his supervised release. However, the court dismissed alleged probation violations based on the struggle with jailers in Georgia. The court record doesn’t say why.

Daniels said he obtained the video after it was submitted as evidence in the federal probation case. He said Hobbs remains in custody in North Carolina.

“The physical wounds have healed the best they can,” Daniels said. “But mentally, no. He thought he was going to die.”

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November 14, 2022
Prosecutors push 15-year sentence for Theranos’ CEO Holmes

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Federal prosecutors have asked a judge to sentence disgraced Theranos CE0 Elizabeth Holmes to 15 years in prison, arguing she deserves a lengthy prison term because her massive scheme duped investors out of hundreds of millions of dollars by falsely convincing them her company had developed a revolutionary blood testing device.

Calling the case “one of the most substantial white collar offenses Silicon Valley or any other District has seen,” prosecutors vehemently rejected defense attorneys’ characterization that Holmes had been unfairly victimized, in part by media coverage.

Holmes is set to appear for sentencing on Nov. 18 in federal court in San Jose, California, nearly a year after she was convicted of three felony counts of wire fraud and one felony count of conspiracy to commit fraud. She faces up to 20 years in prison for each count.

“She repeatedly chose lies, hype and the prospect of billions of dollars over patient safety and fair dealing with investors,” Assistant U.S. Attorney Robert S. Leach wrote in a 46-page brief filed Friday. “Elizabeth Holmes’ crimes were not failing, they were lying — lying in the most serious context, where everyone needed her to tell the truth.”

Holmes’ attorneys filed an 82-page document late Thursday calling for a lenient sentence of no more than 18 months, saying her reputation was permanently destroyed, turning her into a “caricature to be mocked and vilified.”

Besides asking that Holmes receive a lengthy prison sentence, prosecutors called for the 38-year-old pay $803,840,309 in restitution for her role in the yearslong scheme that turned her into one of the most widely respected and immensely wealthy entrepreneurs in the Silicon Valley and the United States.

“She preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare. She leveraged the credibility of her illustrious board,” Leach wrote. “And, through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

Leach also pointed to how, after Wall Street Journal reporter John Carreyrou exposed the scheme, Holmes “attacked him, along with his sources” and desperately tried to pin the blame on others.

“At trial, she blamed her COO (and longtime boyfriend), her board, her scientists, her business partners, her investors, her marketing firm, her attorneys, the media — everyone, that is, but herself,” Leach wrote.

The company’s former chief operating officer, 57-year-old Ramesh “Sunny” Balwani, was convicted on 12 felony counts of investor and patient fraud in July during separate trial. He is scheduled to be sentenced Dec. 7.

And Leach wrote that the health of actual patients was put into jeopardy by what Holmes had done.

“As money was drying up, she went to market with an unproven and unreliable medical device,” he wrote. “When her lead assay developer quit as Theranos launched, she chillingly told the scientist: ‘she has a promise to deliver to the customer, she doesn’t have much of a choice but to go ahead with the launch.’”

Holmes’ attorneys have argued that if U.S. District Judge Edward Davila does decide to send her to prison, she deserves a lenient sentence because she poses no danger to the public and has no prior criminal history.

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November 12, 2022
Jesse Jackson’s half brother freed from life prison sentence

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CHICAGO — An 80-year-old half-brother of the Rev. Jesse Jackson who was sentenced to life in prison more than 30 years ago after being convicted of hiring hit men has been released from prison, officials said.

Noah Robinson Jr. was ordered set free last month over the objections of prosecutors by a federal judge who cited Robinson’s age, risks posed in prison by COVID-19 and his deteriorating health, the Chicago Sun-Times reported.

“Robinson was convicted of brutal crimes, but he is 80 years old and has now been in custody for almost 33 years,” U.S. District Judge Rebecca Pallmeyer wrote. “That is a significant period for the purposes of punishment and general deterrence.”

Robinson was set free under the First Step Act, a bipartisan bill signed into law in 2018 by then-President Donald Trump that is intended to encourage inmates to participate in programs aimed at reducing recidivism, eases mandatory minimum sentence, and gives judges more discretion in sentencing.

Robinson, an Ivy League-educated, wealthy businessman, had been locked up since his arrest in 1989 on charges that he hired hit men from Chicago’s El Rukn street gang to kill a boyhood friend of his, Leroy “Hambone” Barber, after the two got into a fistfight in South Carolina, where they both grew up.

A woman who witnessed the killing was wounded in a later hit that Robinson ordered, and he ordered another hit that wasn’t carried out, prosecutors said. Robinson also was accused of helping El Rukn members connect with East Coast cocaine and heroin suppliers.

According to the order releasing Robinson, he plans to live in Chicago with his daughters, who have promised to take care of his medical and other needs.

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November 12, 2022
Captain of burning dive boat pleads not guilty in 34 deaths

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LOS ANGELES — A dive boat captain pleaded not guilty in federal court for a second time to manslaughter in the fiery deaths of 34 people trapped below deck on his burning vessel three years ago off Southern California.

A federal grand jury issued a new indictment last month alleging that captain Jerry Boylan acted with gross negligence aboard the Conception during one of the deadliest maritime disasters in recent U.S. history. A judge had thrown out the original case against Boylan on the third anniversary of the Sept. 2, 2019, tragedy.

Boylan made a brief appearance Thursday in U.S. District Court in Los Angeles, and his trial was scheduled for Dec. 20.

Boylan faces 10 years in prison if convicted of a single count of misconduct or neglect of a ship officer — a pre-Civil War statute known as “seaman’s manslaughter” that was designed to hold steamboat captains and crew responsible for maritime disasters.

All 33 passengers and a crew member who were trapped in the Conception’s bunk room died.

Boylan, who frantically radioed for help after he and four crew members sleeping above deck awoke to the fire, was the first man overboard and then told his crew to abandon ship rather than fight the fire, the indictment said.

He is accused of failing to train his crew, conduct fire drills and post a roving night watchman on the boat.

Prosecutors brought the second case against Boylan after U.S. District Judge George Wu in September dismissed the original indictment because it did not mention gross negligence, an element required to prove the crime.

The subsequent indictment alleges Boylan “acted with a wanton or reckless disregard for human life by engaging in misconduct, gross negligence and inattention to his duties.”

Officials blamed the owners of the vessel, Truth Aquatics Inc., for a lack of oversight even though federal safety investigators never found the cause of the fire. The owners, Glen and Dana Fritzler, have not been criminally charged.

Truth Aquatics is seeking to avoid payouts to the families of the victims under a provision in federal maritime law. Family members of the dead have filed claims against the Fritzlers and the company, and have sued the U.S. Coast Guard.

Family members of those who perished at sea showed up for Boylan’s arraignment and said it has been a trying three years seeking accountability.

“It’s been a long journey, a very hard journey. And learning to live with grief is very difficult,” said Susana Solano Rosas, who lost three daughters in the fire. “Today means that hopefully we can see a little bit of justice. … The court is going to move along and try this man, try this captain who allowed our 34 to be killed and burned on that boat.” ———

Associated Press writer Brian Melley contributed to this report.

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November 11, 2022
Today in History: November 11, World War I armistice signed

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Today in History

Today is Friday, Nov. 11, the 315th day of 2022. There are 50 days left in the year. Today is Veterans Day.

Today’s Highlight in History:

On Nov. 11, 1918, fighting in World War I ended as the Allies and Germany signed an armistice in the Forest of Compiegne (kohm-PYEHN’-yeh).

On this date:

In 1620, 41 Pilgrims aboard the Mayflower, anchored off Massachusetts, signed a compact calling for a “body politick.”

In 1831, former slave Nat Turner, who’d led a slave uprising, was executed in Jerusalem, Virginia.

In 1921, the remains of an unidentified American service member were interred in a Tomb of the Unknown Soldier at Arlington National Cemetery in a ceremony presided over by President Warren G. Harding.

In 1938, Irish-born cook Mary Mallon, who’d gained notoriety as the disease-carrying “Typhoid Mary” blamed for the deaths of three people, died on North Brother Island in New York’s East River at age 69 after 23 years of mandatory quarantine.

In 1942, during World War II, Germany completed its occupation of France.

In 1966, Gemini 12 blasted off on a four-day mission with astronauts James A. Lovell and Edwin “Buzz” Aldrin Jr. aboard; it was the tenth and final flight of NASA’s Gemini program.

In 1972, the U.S. Army turned over its base at Long Binh to the South Vietnamese, symbolizing the end of direct U.S. military involvement in the Vietnam War.

In 1987, following the failure of two Supreme Court nominations, President Ronald Reagan announced his choice of Judge Anthony M. Kennedy, who went on to win confirmation.

In 1992, the Church of England voted to ordain women as priests.

In 1998, President Bill Clinton ordered warships, planes and troops to the Persian Gulf as he laid out his case for a possible attack on Iraq. Iraq, meanwhile, showed no sign of backing down from its refusal to deal with U.N. weapons inspectors.

In 2004, Palestinians at home and abroad wept, waved flags and burned tires in an eruption of grief at news of the death of Yasser Arafat in Paris at age 75.

In 2020, Georgia’s secretary of state announced an audit of presidential election results that he said would be done with a full hand tally of ballots because the margin was so tight; President-elect Joe Biden led President Donald Trump by about 14,000 votes out of nearly 5 million votes counted in the state. (The audit would affirm Biden’s win.) Texas became the first state with more than 1 million confirmed COVID-19 cases.

Ten years ago: President Barack Obama laid a wreath at the Tomb of the Unknowns at Arlington National Cemetery and said the Sept. 11 generation had “written one of the greatest chapters” in the country’s military service, toppling a dictator and battling an insurgency in Iraq, pushing back the Taliban in Afghanistan and decimating al-Qaida’s leadership.

Five years ago: The annual Pacific Rim summit stuck to its tradition of promoting free trade and closer regional ties, shrugging off the “America First” approach that was brought to the summit by President Donald Trump. After talking with Russian President Vladimir Putin on the sidelines of the summit, Trump told reporters that Putin had again insisted that Moscow had not interfered in the 2016 U.S. elections, and Trump said he believed Putin was sincere in making that claim; he accused Democrats of trying to sabotage relations between Washington and Moscow.

One year ago: Facing a surge in coronavirus infections that threatened to overwhelm Colorado hospitals, Gov. Jared Polis defied federal guidance on COVID-19 booster shots by issuing an order allowing all state residents 18 and older to get them. President Joe Biden saluted the nation’s military veterans as “the spine of America” as he marked his first Veterans Day as president in a wreath-laying ceremony at Arlington National Cemetery. A spokesman for his foundation confirmed that F.W. de Klerk, South Africa’s last apartheid leader, who shared the Nobel Peace Prize with Nelson Mandela and oversaw the end of the country’s white minority rule, had died at 85.

Today’s Birthdays: Country singer Narvel Felts is 84. Former Sen. Barbara Boxer, D-Calif., is 82. Americana roots singer/songwriter Chris Smither is 78. Rock singer-musician Vince Martell (Vanilla Fudge) is 77. The president of Nicaragua, Daniel Ortega, is 77. Rock singer Jim Peterik (PEE’-ter-ihk) (Ides of March, Survivor) is 72. Golfer Fuzzy Zoeller is 71. Pop singer-musician Paul Cowsill (The Cowsills) is 71. Rock singer-musician Andy Partridge (XTC) is 69. Singer Marshall Crenshaw is 69. Rock singer Dave Alvin is 67. Rock musician Ian Craig Marsh (Human League; Heaven 17) is 66. Actor Stanley Tucci is 62. Actor Demi Moore is 60. Actor Calista Flockhart is 58. Actor Frank John Hughes is 55. TV personality Carson Kressley is 53. Actor David DeLuise is 51. Actor Adam Beach is 50. Actor Tyler Christopher is 50. Actor Leonardo DiCaprio is 48. Actor Scoot McNairy is 45. Rock musician Jonathan Pretus (formerly with Cowboy Mouth) is 41. Actor Frankie Shaw is 41. Musician Jon Batiste is 36. Actor Christa B. Allen is 31. Actor Tye Sheridan is 26. Actor Ian Patrick is 20.

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November 10, 2022
Dive boat captain pleads not guilty in fiery deaths of 34

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LOS ANGELES — A dive boat captain pleaded not guilty Thursday in federal court for a second time to manslaughter in the fiery deaths of 34 people trapped below deck on his burning vessel three years ago off the Southern California coast.

A federal grand jury issued a new indictment last month alleging that Captain Jerry Boylan acted with gross negligence aboard the Conception during one of the deadliest maritime disasters in recent U.S. history. A judge threw out the original case on the third anniversary of the Sept. 2, 2019, tragedy.

The trial is scheduled for Dec. 20 in U.S. District Court in Los Angeles.

Boylan faces 10 years in prison if convicted of a single count of misconduct or neglect of a ship officer — a pre-Civil War statute known as “seaman’s manslaughter” that was designed to hold steamboat captains and crew responsible for maritime disasters.

All 33 passengers and a crew member who were trapped in the Conception’s bunk room died.

Boylan, who frantically radioed for help after he and four crew members sleeping above deck awoke to the fire, was the first man overboard and then told his crew to abandon ship rather than fight the fire, the indictment said.

He is accused of failing to train his crew, conduct fire drills and post a roving night watchman on the boat when the fire ignited.

Prosecutors brought the second case against Boylan after U.S. District Judge George Wu in September dismissed the original indictment because it did not mention gross negligence, an element required to prove the crime.

The subsequent indictment alleges Boylan “acted with a wanton or reckless disregard for human life by engaging in misconduct, gross negligence and inattention to his duties.”

Officials blamed the owners of the vessel, Truth Aquatics Inc., for a lack of oversight even though federal safety investigators never found the cause of the fire. The owners, Glen and Dana Fritzler, have not been criminally charged.

Truth Aquatics is seeking to avoid payouts to the families of the victims under a provision in federal maritime law. Family members of the dead have filed claims against the Fritzlers and the company, and have sued the U.S. Coast Guard.

Family members of those who perished at sea showed up for Boylan’s arraignment and said it has been a trying three years seeking accountability.

“It’s been a long journey, a very hard journey. And learning to live with grief is very difficult,” said Susana Solano Rosas, who lost three daughters in the fire. “Today means that hopefully we can see a little bit of justice. … The court is going to move along and try this man, try this captain who allowed our 34 to be killed and burned on that boat.” ———

Associated Press reporter Brian Melley contributed to this report.

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November 10, 2022
Death sentence upheld in Nebraska killing, dismemberment

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OMAHA, Neb. — A man sentenced to death for the killing and dismemberment of a Lincoln woman he met through the dating app Tinder lost his initial appeal in which he argued he should have been granted a mistrial after violently disrupting his own trial.

The Nebraska Supreme Court on Thursday rejected the appeal of Aubrey Trail, 56, who was convicted of first-degree murder in the 2017 death of 24-year-old Sydney Loofe and sentenced to death last year. Trail’s girlfriend at the time of Loofe’s death, Bailey Boswell, was also convicted as an active participant in Loofe’s death and sentenced last November to life in prison.

The high court rejected all of Trail’s appeal claims, which included arguments that the trial court violated his constitutional rights by excluding potential jurors who indicated they would not be able to perform jury duties dictated by Nebraska law because they were opposed to the death penalty.

Trail’s claims also included the arguments that the judge should have declared a mistrial — or later, granted a request for a new trial — after Trail disrupted the third day of his trial by yelling, “Bailey is innocent, and I curse you all!” before cutting his own throat with a razor blade he had obtained in jail and sneaked into the courtroom.

In denying Trail’s motions for a mistrial or new trial, the district court found that Trail’s act of self-harm was “a calculating gesture.” On Thursday, the state’s high court said it would not second-guess the trial court’s decision in the matter. The Supreme Court cited other appeals court cases that also ruled against defendants who had disrupted their own court hearings, saying that to allow mistrials in such cases “would provide a criminal defendant with a convenient device for provoking a mistrial whenever he chose to do so.”

“As with these other defendants, we will not permit Trail to benefit from his own bad behavior during trial,” Justice John Freudenberg wrote for the court in its unanimous ruling.

Prosecutors said Trail and Boswell planned the abduction and killing of Loofe, whom Boswell met using the online dating app Tinder. Two days after Boswell and Loofe met for a date on Nov. 14, 2017, Loofe’s mother reported her missing. Loofe’s dismembered remains were found weeks later, stuffed into garbage bags that had been dumped in a field near Edgar, about 90 miles (145 kilometers) southwest of Lincoln.

Trail later told investigators that he strangled Sydney Loofe with an extension cord, prosecutors said. He and Boswell then dismembered and disposed of Loofe’s body with items they bought at a home improvement store the day before her death.

Neither an attorney for Trail nor the Nebraska Attorney General’s Office immediately responded Thursday to requests for comment on the ruling.

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November 10, 2022
Appeals Court weighs death row inmate’s disability claims

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NASHVILLE, Tenn. — Attorneys for Tennessee death row inmate Byron Black told a state appeals court on Tuesday that he should not be executed because he is intellectually disabled.

Black is appealing a ruling by a Nashville judge earlier this year that denied his motion to be declared intellectually disabled. The judge noted that a state and federal court have previously determined Black does not meet the criteria. But his attorneys argued on Tuesday that the criteria have changed, as has the law.

Tennessee enacted a new law last year updating the standards to be used when determining intellectual disability. It also provides a way for inmates who have exhausted their direct appeals to reopen their cases in order to bring an intellectual disability claim. However, the defendant cannot file a new disability claim “if the issue of whether the defendant has an intellectual disability has been previously adjudicated on the merits.”

Senior Assistant Attorney General Katharine Decker told a panel of the Tennessee Court of Criminal Appeals on Tuesday that by the plain language of the statute, Black, 66, is barred from seeking a third adjudication of his intellectual disability claims.

“Don’t we have a constitutional duty not to execute someone who is intellectually disabled?” Judge Camille McMullen asked.

Decker replied that the new law is limited in terms of who it allows to pursue those claims.

Judge Tom Greenholtz questioned whether the previous determination that Black was not mentally retarded qualifies as a determination that he is not intellectually disabled.

“It’s just a different label,” Decker responded.

“Is it though? It’s a different label with different criteria,” Greenholtz said. “For you to prevail, ‘mentally retarded’ and ‘intellectually disabled’ must mean exactly the same thing.”

Federal Public Defender Kelley Henry, who represents Black, pointed to a different section of the new law, which reads, “Notwithstanding any law to the contrary, no defendant with intellectual disability at the time of committing first degree murder shall be sentenced to death.”

“It would be an insult to the Tennessee Supreme Court and our legislature to deny people like Mr. Black a fair hearing,” she said.

Henry suggested the court could decide the case without having to interpret whether the statute applies to Black. That’s because Nashville District Attorney Glenn Funk has already agreed that Black is intellectually disabled and should be resentenced to life in prison. Funk said he was persuaded by the fact that an expert who had previously testified for the state that Black didn’t meet the criteria for intellectually disabled has changed her opinion.

“He believed justice, in this case, is that Mr. Black not be subject to execution,” Henry said of Funk.

In Henry’s view, the state — via Funk — has already waived any argument that the statute doesn’t apply to Black, so the state can’t now make that argument via the Attorney General. She asked the Appeals Court to send the case back to the lower court judge for a hearing on Black’s claims “to prevent the execution of a man with an intellectual disability, which is the policy of this state.”

Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.

Black had been scheduled to be executed in August before Republican Tennessee Gov. Bill Lee paused all executions in order to investigate a problem the state had with lethal injection.

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November 8, 2022
Court orders striking Kenya Airways pilots to resume work

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Thousands of passengers stranded after pilots union goes on strike on Saturday over pension and deferred pay disputes.

Hundreds of striking pilots at Kenya Airways have been ordered by a court to resume work by Wednesday while the airline was barred from penalising the pilots.

Judge Anna Mwaure of the Employment and Labour Relations Court in Nairobi said in Tuesday’s order that pilots should resume their duties “unconditionally” by 6am.

Members of the Kenya Airline Pilots Association, a union that represents about 400 pilots at the carrier, went on strike on Saturday after failing to resolve a dispute over their pensions contributions and settlement of deferred pay.

The walkout led to the cancellation of dozens of flights by one of Africa’s largest carriers and stranded thousands of passengers.

Tuesday’s court ruling comes after a letter written by the Kenya Airways CEO outlined its plans to cancel its bargaining and recognition agreements with the pilots union. The letter called the strike unlawful and said it amounts to economic sabotage.

Kenya Airways, which has 36 aircraft in its fleet, serves just as many countries on its routes. The airline is privately owned, but the Kenyan government has a 48.9% stake in it.

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November 8, 2022
Jackson, in dissent, issues first Supreme Court opinion

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FILE – Associate Justice Ketanji Brown Jackson stands as she and members of the Supreme Court pose for a new group portrait following her addition, at the Supreme Court building in Washington, Oct. 7, 2022. (AP Photo/J. Scott Applewhite, File )DCSA122

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November 7, 2022
California governor pardons abortion activist from 1940s

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SACRAMENTO, Calif. — Gov. Gavin Newsom on Friday posthumously pardoned an abortion activist from the 1930s and 1940s, acting days before Californians finish voting on whether to enshrine increased protections in the state Constitution in response to a recent U.S. Supreme Court decision.

Laura Miner was convicted in 1949 of abortion and conspiracy to commit abortion. She was sentenced to four years in prison on the twin felonies, and died in 1976.

“I can still hold my head up, and I respect myself because my conscience is clear,” she wrote while serving her prison sentence. “I have helped humanity — someday it will be legal for a doctor to help a woman who will then have a right to decide for herself how many children she shall have, and when.”

Her statement proved prescient, for a time. The U.S. Supreme Court in the landmark Roe v. Wade decision ruled in 1973 that protections under the U.S. Constitution included the right to have an abortion.

But a majority of the high court earlier this year said that is up to individual states. Increased protections also are before voters next week in Michigan and Vermont, and restrictions in Kentucky and Montana.

Newsom, a Democrat who is actively supporting the proposed constitutional change, in a statement called Miner “a powerful reminder of the generations of people who fought for reproductive freedom in this country, and the risks that so many Americans now face in a post-Roe world.”

The No on Prop 1 campaign did not directly comment on Newsom’s pardon, but said in a statement that the governor hopes the measure “will work for him politically, ” while expanding abortion rights would “ultimately be dangerous for California women.”

California’s original 1850 Constitution criminalized abortions, but Miner was among those who provided them at a time when abortion was still illegal in California except when necessary to protect a woman’s life. She did so in San Diego from 1934 to 1948, until she and her staff were arrested.

She was convicted in San Diego Superior Court in 1949 and starting at age 50 served 19 months in prison and 27 months on parole.

Miner provided health care to patients on a sliding fee scale, using payments from her wealthy and sometimes famous clients to cover the indigent. She was a licensed chiropractor, according to an online account by her granddaughter, who called her “eccentric, stubborn and always independent.”

The Journal of American History said she ran a nine-room abortion clinic and was part of the Pacific Coast Abortion Ring in 1935 and 1936.

Miner was arrested after an investigator for the district attorney’s office kept her clinic under surveillance for nearly three months, according to her unsuccessful appeal of her conviction. He even attempted an early wiretap, entering the clinic at night with the intent to install a dictaphone.

When she was young, she saw her mother nearly die from a botched illegal abortion. Her mother then died when she was 9, according to Newsom’s office, leaving behind Miner and seven siblings. She had four children herself, two of whom died of illness as infants.

“Ms. Miner gave women a safe alternative in a dark era for reproductive rights,” Alicia Gutierrez-Romine, a professor of history at La Sierra University in Riverside, California and a historian on the history of medicine, said in a statement.

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November 4, 2022