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Tag: criminal defenses

  • Nadine Menendez hit and killed pedestrian in 2018 car crash referenced in federal indictment | CNN Politics

    Nadine Menendez hit and killed pedestrian in 2018 car crash referenced in federal indictment | CNN Politics



    CNN
     — 

    Nadine Arslanian, who would later go on to marry New Jersey Sen. Bob Menendez and become Nadine Menendez, hit and killed a pedestrian in a 2018 car crash, according to a police report. That car crash is alleged to be the inception of a bribe in the federal indictment against the couple.

    According to a report from the Bogota, New Jersey, police department, Arslanian struck 49-year-old Richard Koop with her Mercedes-Benz sedan in Bogota in December 2018, killing him. She was driving alone.

    Police questioned Arslanian and concluded she was not at fault for the crash, the report says, and she was released without a summons and allowed to leave the scene of the crash. The pedestrian, Koop, had been jaywalking, according to the police report.

    According to The New York Times, Arslanian was never tested for drugs or alcohol. Authorities must demonstrate probable cause a driver was impaired before testing for alcohol immediately after a crash, Joseph Rotella, a former president of the Association of Criminal Defense Lawyers of New Jersey, told the newspaper.

    The Bergen County Prosecutor’s Office declined to charge her, the Times reported, and the office did not immediately respond to a request for comment from CNN.

    Speaking to reporters Wednesday on Capitol Hill, Sen. Menendez addressed the car crash.

    “That was a tragic accident,” the Democrat said. “Obviously, we think of the family.”

    The recently uncovered information about the 2018 car crash adds new context to the federal indictment released last month against Nadine Menendez, her senator husband and three others.

    According to the indictment, Nadine Menendez was involved in a car accident around December 2018 that left her without a car.

    The indictment goes on to allege that two of the co-defendants in the case, Wael Hana and Jose Uribe, “offered and then helped to buy” a new Mercedes-Benz convertible worth more than $60,000 for Nadine Menendez in exchange for Sen. Menendez’s interference in a New Jersey state criminal prosecution of one of Uribe’s associates and a related state criminal probe involving one of Uribe’s employees.

    According to the indictment, Sen. Menendez agreed to disrupt the criminal matters in New Jersey.

    Both Bob and Nadine Menendez have pleaded not guilty to all three counts they face as part of the alleged bribery conspiracy. The other three co-defendants have also denied the charges.

    CNN has reached out to a lawyer representing Nadine Menendez for comment. In an interview with the Times, Nadine Menendez’s lawyer said the car crash was a “tragic accident” but was unrelated to her current charges.

    “My understanding was this individual ran in front of her car, and she was not at fault,” David Schertler told the Times.

    CORRECTION: An earlier version of this story misstated Jose Uribe’s name.

    This story has been updated with additional information.

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  • No words were exchanged before a White homeowner shot a Black teen who rang his doorbell, according to statements to police | CNN

    No words were exchanged before a White homeowner shot a Black teen who rang his doorbell, according to statements to police | CNN



    CNN
     — 

    A White, 84-year-old homeowner charged with shooting Ralph Yarl after the Black teen went to the wrong Kansas City address to pick up his siblings told police they didn’t exchange words before he fired at him through a locked glass door – and that he did so because he thought the teen was trying to break in.

    Homeowner Andrew Lester – who faces two felony charges, for assault in the first degree and armed criminal action – told police he fired immediately after answering the doorbell when he saw 16-year-old Ralph pulling on an exterior door handle, according to the probable cause document obtained by CNN.

    Lester said he was “scared to death” due to the boy’s size, according to the document.

    After the April 13 shooting, which left the teenage boy with gunshot wounds to his head and arm, Ralph told police while he was hospitalized that he did not pull on the door, according to the document.

    It was “nothing short of a miracle” that Ralph was discharged from the hospital, but “he’s not out of the woods yet,” his attorney Ben Crump told CNN on Monday.

    The shooting of the unarmed Black teenager captured national attention as it drew outrage online and fueled protests in Kansas City. Protesters have marched through the city chanting, “Justice for Ralph” and calling for the shooter’s arrest.

    Clay County Prosecuting Attorney Zachary Thompson has said that “there was a racial component to this case,” but did not elaborate.

    Lester was not in custody as of Monday night, though a warrant has been issued for his arrest, according to authorities.

    Andrew Lester was charged for shooting 16-year-old Ralph Yarl.

    On the night of the shooting, the 84-year-old man was taken into custody but was released less than two hours later, two representatives at the Kansas City Police Department detention unit previously told CNN. Thompson said Lester was released because police recognized that more investigative work needed to be done.

    Attorney Crump told CNN’s Jake Tapper Monday that it makes no sense the shooter hasn’t been arrested.

    “Nobody can tell us if the roles were reversed, and you had a Black man shoot a White 16-year-old teenager for merely ringing his doorbell that he would not be arrested,” Crump said. “I mean, this citizen went home and slept in his bed at night after shooting that young Black kid in the head.”

    “He merely rang the doorbell. That was it,” Crump said. “And the owner of the home shoots through the door, hitting him in the head and then shoots him a second time.”

    CNN has not been able to reach the homeowner for comment. A lawyer was not listed in his previous booking report.

    On the night of the shooting, Lester was lying down in bed when he heard the doorbell ring and picked up his .32 caliber revolver, Lester told police, according to a probable cause statement.

    He then went to his home’s front entrance, which includes an interior door and a glass exterior door – both of which were locked.

    Lester opened the interior door and “saw a black male approximately 6 feet tall pulling on the exterior storm door handle,” Lester told police.

    “He stated he believed someone was attempting to break into the house, and shot twice within a few seconds of opening the door,” the probable cause statement reads.

    “He believed he was protecting himself from a physical confrontation and could not take the chance of the male coming in,” the document reads.

    Lester said he immediately called 911 after the shooting, according to the document.

    Police spoke with Ralph while he was being treated at a hospital, where he told them his mother asked him to pick up his brothers at 1100 NE 115th Street, according to the document, which notes the actual address they were staying at was 1100 NE 115th Terrace.

    When he arrived at the house on 115th Street, Ralph said he rang the doorbell and waited a while before a man eventually opened the door and immediately shot him in the head, causing him to fall, the document says.

    A police officer drives Monday past the house where 16-year-old Ralph Yarl was shot.

    While the teenager was still on the ground, the man then fired again, shooting him in the arm, Ralph told police.

    Ralph said he got up and ran to keep from being shot, and he heard the man say, “Don’t come around here,” the document says. He then went to multiple nearby homes asking for help and telling people to call police.

    The boy told police he did not pull on the door, according to the probable cause statement.

    Officers responded to the scene just before 10 p.m. after receiving reports of a shooting. When they arrived, they found the boy wounded in the street.

    Responding officers also found the front storm door glass at Lester’s home broken, with blood on the front porch and the driveway, according to the probable cause document.

    A neighbor, who asked not to be identified, told CNN she called 911 after Ralph came to her door, bleeding.

    Since the shooter’s location was unknown at the time, she was directed to stay inside her home by the emergency operator for her safety. She said she complied initially, then went outside with towels to help suppress the bleeding.

    “This is somebody’s child. I had to clean blood off of my door, off of my railing. That was someone’s child’s blood. I’m a mom … this is not OK,” she said.

    Protesters march Sunday in Kansas City.

    Crump said Ralph is still struggling with the trauma from the ordeal, but the family hopes for a full recovery because Ralph is young and strong.

    “He and his family are just happy that he’s alive after being shot in the head,” Crump told CNN.

    Ralph, a section leader in a marching band who could often be found with an instrument in hand, had been looking forward to graduating from high school and visiting West Africa before starting college, according to a GoFundMe started by Ralph’s aunt, Faith Spoonmore.

    “Life looks a lot different right now. Even though he is doing well physically, he has a long road ahead mentally and emotionally. The trauma that he has to endure and survive is unimaginable,” the aunt wrote in the fundraiser.

    The GoFundMe page, started to help the family with medical expenses, had garnered more than $2 million in donations by Monday night.

    Crump likened Ralph’s shooting to the shootings of 17-year-old Trayvon Martin in Florida and 25-year-old Ahmaud Arbery in Georgia – two unarmed Black Americans who were fatally shot by assailants who later claimed self defense.

    “We continue to fight to say you can’t profile and shoot our children, just because you have this ‘stand your ground’ law,” Crump said. “Unacceptable.”

    Stand your ground” laws allow people to respond to threats or force without fear of criminal prosecution in any place where a person has the right to be. It remains unclear whether this will play a role in Lester’s case.

    Lee Merritt, another attorney representing Ralph and his family, told CNN Monday that the “stand your ground” action would not apply to Ralph’s case.

    “The stand your ground action, under the laws of Missouri, are completely inapplicable to this case, because there has been no conversation, not from the suspect, not from the victim and not from law enforcement, that Ralph Yarl, at 16 years old, ever posed a threat to this shooter,” Merritt said.

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  • These are the names to know in the murder trial of Alex Murdaugh | CNN

    These are the names to know in the murder trial of Alex Murdaugh | CNN



    CNN
     — 

    The murder trial of disgraced South Carolina attorney Alex Murdaugh is underway at the Colleton County Courthouse in Walterboro, a small town about 40 miles east of Charleston. The case goes back to June 2021, when Murdaugh’s wife and son were found shot to death at the family’s Islandton property, known as Moselle.

    Murdaugh has pleaded not guilty to two counts of murder and two counts of possession of a weapon during the commission of a violent crime related to his wife and son’s deaths. Separate from the murder charges, he is also facing 99 charges stemming for alleged financial crimes.

    Here are the key players in the murder trial:

    Now disbarred, Murdaugh is a member of a prominent legal family in the South Carolina Lowcountry. Three generations of his family over 87 years have served as solicitor for the 14th Circuit, which oversaw prosecutions throughout the area. A portrait of his late grandfather, one of the solicitors, had hung on the wall of the courtroom; it was removed before trial. Murdaugh has pleaded not guilty to the charges.

    Alex Murdaugh’s wife, who was 52 when she was found fatally shot with the couple’s younger son at the family’s Moselle estate on June 7, 2021.

    Alex Murdaugh’s 22-year-old son, who was found fatally shot with his mother at the family’s Moselle estate on June 7, 2021. At the time, he was facing charges of boating under the influence, causing great bodily harm and causing death in connection to a 2019 boat crash that claimed the life of 19-year-old Mallory Beach, court records show. He had pleaded not guilty, and the charges were dropped after his death.

    South Carolina senior assistant deputy attorney general and lead prosecutor. He has been involved with the case since 2021. The state attorney general’s office is prosecuting the case because of the Murdaugh family’s close ties to the local solicitor’s office.

    One of Alex Murdaugh’s defense attorneys, along with Jim Griffin. Harpootlian is a South Carolina state senator and attorney whose Columbia-based practice specializes in criminal defense.

    One of Alex Murdaugh’s defense attorneys, along with Dick Harpootlian. A former federal prosecutor, he now works as a state and federal criminal defense attorney based in Columbia, South Carolina.

    Alex Murdaugh sits in the Colleton County Courthouse with defense attorneys Dick Harpootlian, middle, and Jim Griffin, right, on January 23.

    Judge Clifton Newman speaks during jury selection on Wednesday, January 25.

    The South Carolina Circuit Court judge hearing the case. He has been on the bench since 2000. Newman has presided over various proceedings in the Murdaugh case since 2021.

    A former client of Alex Murdaugh. Murdaugh told authorities he conspired with Smith to kill Murdaugh as part of an insurance fraud scheme, per court documents, purportedly so Murdaugh’s surviving son, Buster, could collect a $10 million life insurance payout. Smith admitted in 2021 to being present at the shooting and disposing of the firearm afterward, according to an affidavit.

    Alex Murdaugh’s surviving son. He was in court for opening statements – the first time he has appeared at legal proceedings for his father – and is listed as a witness at trial. His father’s scheme for Smith to kill Murdaugh was “an attempt on his part to do something to protect his child (Buster),” Harpootlian, the attorney, said.

    Alex Murdaugh’s younger brother. He is listed as a witness at trial and accompanied Buster Murdaugh to court this week.

    The Murdaugh family’s longtime housekeeper who died in 2018 in what was described as a “trip and fall accident” at their home. Murdaugh is accused of misappropriating funds meant for Satterfield’s family as part of a wrongful death settlement.

    An expert in bloodstain pattern analysis who analyzed the shirt worn by Alex Murdaugh on the night his wife and son were killed. In a motion filed just before the trial, the defense asked the court to prohibit Bevel from testifying.

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