Tag: criminal law

US prosecutors tell family of Shanquella Robinson they won’t pursue charges in her death in Mexico | CNN

CNN
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Federal prosecutors told the family of Shanquella Robinson on Wednesday that the evidence they have isn’t enough for prosecution in Robinson’s death last year in Mexico, the US Attorneys’ Offices for the Middle and Western Districts of North Carolina said.

Robinson, a 25-year-old former student at Winston-Salem State University in North Carolina, died in October while staying in a luxury rental property in the Mexican state of Baja California Sur.

“Based on the results of the autopsy and after a careful deliberation and review of the investigative materials by both U.S. Attorneys’ Offices, federal prosecutors informed Ms. Robinson’s family today that the available evidence does not support a federal prosecution,” the US Attorneys’ Offices said in a release Wednesday.

Family members are “very deeply disappointed” in the decision, but are “not deterred” and plan to continue to seek justice for Robinson, their attorney, Sue-Ann Robinson, said at a news conference.

“Black and brown people always have to carve their own path to justice,” attorney Robinson said. Shanquella Robinson was a Black American from North Carolina.

A copy of Shanquella Robinson’s death certificate, obtained by CNN affiliate WBTV, listed the cause of death as “severe spinal cord injury and atlas luxation,” which is instability or excessive movement in the uppermost neck vertebrae. The document stated she was found unconscious in the living room of the rental residence on October 29.

The death certificate classified Shanquella Robinson’s death as “accidental or violent,” noting that the approximate time between injury and death was 15 minutes.

Video posted online appeared to show a physical altercation inside a room between Shanquella Robinson and another person. It’s not clear when the video was taken or if the video depicted the moment she suffered the fatal injury.

At the time, Bernard Robinson confirmed to CNN it is his daughter seen in the video being thrown to the floor and beaten on the head.

It’s unclear what led to the altercation or how many people were in the room at the time. It’s also unclear if anyone tried to intervene.

The FBI conducted “a detailed and thorough investigation of the evidence” and worked with the Robinson family to conduct an autopsy in the United States by the Medical Examiner’s Office in Mecklenburg County, North Carolina, the release said.

Federal officials met with the Robinson family and representatives on Wednesday “to offer their condolences and present the findings of the federal investigation,” the release said.

According to attorney Robinson, the family was told that the FBI interviewed Shanquella Robinson’s travel mates and “people who were in the house,” but did not specify how many people they interviewed.

The US officials told the family that the autopsy, which was completed after Shanquella Robinson’s body had been embalmed and transported back to the US, revealed no spinal cord injury but did show swelling on her brain, although the cause of death is still said to be undetermined, the attorney said.

The attorney criticized what she considered a delay on the part of US investigating agencies, saying they waited to investigate until after their own autopsy was conducted.

“There was no swift action on this case. There was absolutely no urgency on the part of the US authorities,” Sue-Ann Robinson added.

“If you wait ‘till five months after someone committed a crime… they would have the opportunity and time and space to delete text messages if that’s what they wanted to do, to talk to each other about the case,” the attorney said.

Federal officials said they do not normally issue public statements about the status of an investigation, but in this case, they felt it was necessary because of the public concern surrounding the case.

“It is important to reassure the public that experienced federal agents and seasoned prosecutors extensively reviewed the available evidence and have concluded that federal charges cannot be pursued,” the statement said.

Prosecutors in Mexico said last year they were investigating Robinson’s death as femicide, a crime defined as the “intentional murder of women because they are women.” 

In most countries, including the United States, femicide is not different from homicide in criminal law, but Mexico is among at least 16 countries that have included femicide as a specific crime.

The family plans to hold a march to the State Department headquarters Washington, DC, on May 19, the 200th day since Shanquella Robinson’s passing, according to the family’s attorney.

“The message cannot be that US citizens can go overseas and commit crimes against other US citizens and come back and say that they’re on base, that they’re safe, that they’re not gonna be arrested, that there’s gonna to be such a delay in the investigation that the evidence will have time to dissipate,” she said.

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April 12, 2023
What we know about the fatal police shooting of Jayland Walker as grand jury considers the case | CNN

CNN
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The city of Akron, Ohio, is bracing for the findings of a special grand jury, which has been tasked with deciding if any of the eight police officers directly involved in the fatal shooting of Jayland Walker last summer will face criminal charges.

The shooting – in which Walker, who was Black, was shot dozens of times – came after police said the 25-year-old fled an attempted traffic stop early one morning last June. Walker’s death prompted an investigation by the Ohio Bureau of Criminal Investigation, along with protests over racial injustice and police use of force – a few of which erupted into violence, resulting in damage to local businesses, according to Akron police.

Walker was unarmed at the time he was killed, according to police, though a gun was found in his vehicle after the shooting, and officers said Walker fired a gun from his vehicle during the car chase.

The Ohio BCI investigation has been completed and was referred to the special prosecutor, a spokesperson for the Ohio Attorney General’s Office confirmed to CNN last month. The office declined to comment on any matters related to grand jury proceedings.

The city and attorneys for Walker’s family, however, acknowledged the grand jury review was underway in statements to CNN, with the latter criticizing the process as one that favored the police.

“Today an Akron grand jury began its process of determining whether the officers who gunned down Jayland Walker last summer will be held criminally accountable for their actions,” attorney Bobby DiCello said in a statement Monday.

“As part of that process, as Ohio law allows, the officers will be invited to testify before the grand jury on their behalf. Keep in mind that if any other Akron citizen was accused of a crime, they would not necessarily be afforded that same privilege,” he said. “Simply put, it’s a process that favors the officers.”

City officials hosted public meetings to address concerns about the grand jury proceedings and how any decision might impact the community. At one, Police Chief Stephen Mylett said he was “anticipating that there is going to be a response from Akron and beyond.”

The city also has established a demonstration zone downtown, along with temporary barriers and fencing around court and municipal buildings – moves a city spokesperson described as purely precautionary.

Here’s what we know about the shooting of Jayland Walker:

Walker was killed in a burst of gunfire early June 27, 2022, following a vehicle pursuit and foot chase that started when officers tried to stop him for traffic and equipment violations.

Walker fled the stop and officers gave chase, according to a narrated video timeline police played at a news conference July 3, when police released parts of body camera videos from 13 officers at the scene.

About 40 seconds after the start of the pursuit, the narrated video said, “a sound consistent with a gunshot can be heard” in body camera footage, and the officers told dispatch a gunshot had been fired from Walker’s vehicle. Police also showed still images taken from traffic cameras that showed “a flash of light” – purportedly a muzzle flash – along the driver’s side of the car.

“That changes the whole nature” of the incident, Mylett said at the time, turning a “routine traffic stop” into a “public safety issue.”

After several minutes, Walker’s vehicle slowed and he exited and ran, police said. Several police officers got out of their patrol cars and chased him, and officers deployed Tasers in an effort to stop him, police said, but were unsuccessful.

Moments later, police said, Walker “stopped and quickly turned towards the pursuing officers.” Mylett told reporters officers believed Walker was reaching towards his waist and they “felt that Mr. Walker had turned and was motioning and moving into a firing position,” Mylett said, and officers opened fire, killing him.

Walker was handcuffed behind his back after the shooting – a move Mylett said was in accordance with department policy. Mylett indicated at a community event in late March that adjustments would be made to the policy.

Walker suffered 46 gunshot entrance or graze wounds, according to an autopsy by Summit County Medical Examiner Dr. Lisa Kohler, who found the cause of death was multiple gunshot wounds.

Per Kohler, the wounds included:

• 15 on Walker’s torso, where he had internal injuries to his heart, lungs, liver, spleen, left kidney, intestines and multiple ribs.

• 17 on his pelvis and upper legs, where the right major artery going to the leg and the bladder were injured and the pelvis and both femurs were broken.

• One on his face, where the jaw broke.

• Eight on his arms and right hand.

• Five on his knees, right lower leg and right foot.

Though police accused Walker of firing a gunshot out his vehicle’s window, a gunshot residue test was not performed as part of the autopsy, Kohler said, explaining gunshot residue testing can detect specific particles related to the discharge of a firearm “but the results of that testing is not conclusive as to whether the person did or did not fire a weapon.”

The FBI discontinued this testing in 2006, and Kohler said her office discontinued the collection of that sampling a decade later and no longer purchases collection kits.

Eight police officers “directly involved” in the shooting were initially placed on paid administrative leave pending the investigation, according to department protocol, Mylett said.

They were reinstated by October 10, a decision Mylett attributed to “staffing issues” in comments to CNN affiliate WEWS, acknowledging “there may be some community concern.”

While back at work, the officers were not in uniform or responding to service calls, the Akron Police Department said.

According to information released by the city, seven of the eight officers are White and one is Black.

“The decision to deploy lethal force as well as the number of shots fired is consistent with use of force protocols and officers’ training,” the Fraternal Order of Police Akron Lodge 7 said in a statement last year.

The week following the shooting, police released 13 videos from officers’ body cameras – eight from the officers directly involved in the shooting and five others from others who were at the scene.

The videos were released according to a city ordinance requiring video footage documenting an active police officer’s use of force to be released within seven days of the incident.

Toward the end of the pursuit, some of the footage shows the silver car Walker was driving stopping before he begins to exit the driver’s side.

At least one officer shouts, “Let me see your hands,” and tells him not to move. The video shows Walker getting back into the car, which slowly moves forward. He is then seen getting out of the passenger side door and running from officers.

At least one officer again yells for Walker to show his hands, one video shows. The foot chase continued for several seconds, before a series of gunshots ring out over seven seconds.

The videos end right after the gunshots were fired and do not depict police officers’ efforts to provide medical care, though police say they attempted first aid after the shooting.

Walker was declared dead at the scene.

Through a Freedom of Information Act request, CNN obtained in early September 24 more heavily redacted video clips showing more than four hours of the shooting and its immediate aftermath.

Each video contains several sections where the footage is blurred or blacked out, or where audio is muted. The city told CNN at the time this was done to redact officers’ identifying information.

In several videos, gunfire is heard for seven to eight seconds, followed by officers’ attempts to determine whether Walker is armed while he lies face-up and non-responsive on the ground.

“Can anyone see the gun?” one officer is heard repeatedly asking, as a group of officers stand with guns still aimed at Walker. “Where is the weapon at?” one is heard asking in several videos.

Several officers are heard rendering first aid, shouting for light and asking for tourniquets and packing gauze.

None of the videos showed the inside of Walker’s car, though some show officers approaching the vehicle after the shooting. “It’s got a firearm in it,” one officer is heard saying.

Police are seen in other footage trying to sequester police who fired at Walker while discussing collecting their body-worn cameras.

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April 12, 2023
Louisiana state troopers involved in deadly Ronald Greene arrest plead not guilty | CNN

CNN
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The five Louisiana law enforcement officers charged in the May 2019 violent arrest of Black motorist Ronald Greene pleaded not guilty at their arraignment on Tuesday.

The five defendants were all present in court with their respective attorneys, according to J. Michael Small, who is representing Kory York, one of the Louisiana State troopers involved in Greene’s arrest.

York is facing a charge of negligent homicide. The charges for the three other troopers and one Union Parish deputy range from malfeasance in office to obstruction of justice, according to a copy of the indictment provided to CNN by Union Parish District Attorney John Belton.

Speaking to CNN before the hearing, Mona Hardin, Greene’s mother, said, “Justice delayed is not justice denied. Louisiana, right your wrongs!”

Greene, 49, died during the overnight hours of May 10, 2019, after police said he resisted arrest and struggled with officers. His family has said they were initially told Greene died in a car crash after a police chase.

Videos of the arrest – released by the Associated Press and then by state police in May 2021 – revealed graphic details of the violent struggle, showing officers kicking, punching and using a Taser on Greene before he died in their custody.

It took more than three years after Greene’s death, which one Louisiana State Police member described as “torture and murder,” for the officers to be indicted.

The next court hearing will be held May 12, during which the sufficiency to clarify the details in the indictment will be heard, according to Small.

The family has filed a wrongful-death civil lawsuit against the troopers involved in the incident and their superiors. The family is seeking damages for all medical and funeral expenses.

Troopers York and Dakota DeMoss were both shown in the arrest video, along with Trooper Chris Hollingsworth, who died in a car crash in September 2020, according to the Ouachita Parish Coroner’s Office.

York initially received a 50-hour suspension for his role, according to state police. After serving his suspension, he returned to active duty pending the outcome of the review by federal and state authorities.

In May 2021, DeMoss was fired over an excessive force incident not involving Greene, according to a Louisiana state official with knowledge of the investigation.

Charles Racer, an attorney for DeMoss, told CNN he had “no comment” about the arraignment and referred all inquiries to the Louisiana State Police.

CNN has reached out to the attorneys for the other officers charged.

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April 11, 2023
Man accused of stabbing imam at New Jersey mosque pleads not guilty to attempted murder charge | CNN

CNN
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The 32-year-old man accused of stabbing an imam at a mosque Sunday in New Jersey pleaded not guilty to an attempted murder charge in court Monday afternoon.

Serif Zorba was arrested for allegedly stabbing Imam Sayed Elnakib of the Omar Mosque in Paterson. Elnakib, who is in stable condition, was stabbed during the first prayer of the day around 5:30 a.m. while the congregation was kneeling, mosque spokesperson Abdul Hamdan told CNN.

Surveillance video of the incident shows a group of worshippers at the mosque positioned in five long rows. As they knelt down in prayer, a person wearing a hoodie in the third row moved to the front of the room, stepping over other worshippers, and then thrust his right hand into the back of the kneeling imam, the video shows.

The congregation then rose together, and the assailant tried to push through the crowd and flee out of the back of the mosque, the video shows.

Zorba was charged with first-degree attempted murder, third-degree possession of a weapon for an unlawful purpose, and fourth-degree unlawful possession of a weapon, according to a news release from the Passaic County Prosecutor’s Office.

Zorba, a native of Istanbul, also pleaded not guilty to the unlawful weapon possession charges. His plea was entered Monday by a public defender on Zorba’s behalf.

The suspect appeared in court before Paterson Municipal Court Judge Vincenzo Stampone wearing an orange jumpsuit, with his long hair mostly covering his face. Zorba communicated with court officials through a Turkish translator.

When Stampone asked Zorba about his current address, Zorba indicated that he lived in Paterson but did not offer a proper address.

Zorba is being held on pretrial detention. His next court appearance is scheduled for Thursday.

The prosecutor’s office said they could not provide any further details on Zorba’s possible motive, citing the ongoing investigation.

The maximum sentence for his alleged crimes is around 26 years, according to the release.

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April 10, 2023
‘We need your help’: $10,000 reward offered for tips that lead to arrest of third suspect in Florida triple homicide | CNN

CNN
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Officials are offering a total of $10,000 for information that leads to the arrest of 16-year-old Tahj Brewton, the third suspect sought in connection with the recent shooting deaths of three Florida teenagers.

The Florida Sheriff’s Association Criminal Apprehension Assistance Program and the US Marshals Service are offering $5,000 each – for a total of $10,000 – for tips that lead to Brewton’s capture, according to a Friday Facebook post from the Marion County Sheriff’s Office.

Three teenagers were found shot in Marion County in Central Florida at the end of March. Police have named one of the victims as 16-year-old Layla Silvernail, who was found on the side of the road in the Forest Lakes Park area on March 30 and later died of her injuries. A 17-year-old male was found on the side of the road the next morning, and a third female victim was found in the trunk of Silvernail’s car, which was partially submerged in a lake. Police have not named the other two victims.

The three suspects are all teenagers as well. Police have said they believe the victims and the suspects were allegedly affiliated with criminal gangs.

Robert Le’Andrew Robinson, 17, and Christopher De’l Atkins, 12, have already been arrested and charged with first-degree murder, the Marion County Sheriff’s Office said Friday. Brewton is still at large, and “this is where we need your help,” the sheriff’s office said.

The Marion County Sheriff’s Office released a photo of Brewton on Facebook. He is also wanted in connection with several unrelated felonies, including carjacking with a firearm, aggravated assault, and grand theft of a motor vehicle.

Brewton should be considered “armed and dangerous,” according to the sheriff’s office.

The sheriff’s office advised those with information to call (352) 732-9111 or the Crime Stoppers of Marion County at (352) 368-STOP (7867), “and reference 23-22 in your tip.”

CNN has reached out for comment. It is not clear if the suspects will be tried in the juvenile or adult system.

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April 8, 2023
Police: Marijuana use impairs drivers | The Hawk Eye – Burlington, Iowa – Medical Marijuana Program Connection

To some, April 20 is a holiday. There will likely be an increase in marijuana use that Thursday.

With an uncertain history, April 20 (more commonly known as 4/20) has become synonymous with marijuana use and, in some circles, the date is a marijuana “holiday.”

To help keep drug-impaired drivers off the roads, the U.S. Dept. of Transportation’s National Highway Traffic Safety Administration is teaming up with the Burlington Police Department to spread the message that drug-impaired driving of any kind is dangerous and illegal. The police want to remind drivers: “If You Feel Different, You Drive Different.”

It doesn’t matter what the day is; marijuana impairment is a threat when behind the wheel of a vehicle. The police are asking community members to obey the law and make safe choices when driving.

• If used or using an impairing substance such as marijuana, do not drive. Passengers should never ride with an impaired driver. If a driver could be impaired, do not get in the car.

• If drug-impaired, pass the keys to a driver who has not used marijuana and can safely drive you to the destination. Like drunk driving, it is essential that drug-impaired drivers refrain from driving a vehicle. It is never okay to drive while impaired by any substance.

• If a friend is about to drive while impaired by drugs, take the keys away and arrange…

MMP News Author

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April 7, 2023
Former Florida state employee’s son arrested for alleged school threats | CNN Politics

CNN
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The 13-year-old son of Rebekah Jones, who claimed she was fired for refusing to manipulate state Covid-19 data while working in Florida Gov. Ron DeSantis’ state Health Department, was arrested Wednesday for allegedly threatening a shooting at a middle school.

The boy, whom CNN is not naming because he is a minor, was charged with written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism, a second-degree felony, according to a warrant issued by the Santa Rosa County Sheriff’s Office.

In security camera video at the sheriff’s office, obtained by CNN, Jones can be seen accompanying the boy to the sheriff’s office on Wednesday afternoon, where he surrendered.

Thursday evening, Jones, who has a sizable online following, tweeted, “My son is home with me now and sleeping.”

She suggested, without evidence, that her son’s arrest was related to a lawsuit she filed on March 13 in Leon County, Florida, against the Florida Department of Health and a former supervisor, under the state whistleblower act, seeking to get her job back, lost wages and damages for her treatment as an employee.

A spokeswoman for DeSantis referred questions about the arrest “to the diligent law enforcement of Santa Rosa Sheriff’s office.”

Jones noted in a tweet that the sheriff’s office began investigating her son shortly after she filed the lawsuit. She claimed on Twitter that her son had sent “just memes” to his friends that she says were not threatening.

But, according to police reports, multiple students at a Navarre, Florida, middle school told police that Jones’ son had told people he planned a school shooting and posted threatening memes and messages on Snapchat and Discord. One student told police that the boy told her on Discord he wanted to end his life and shoot up the school.

After issuing a search warrant, officers said they found messages in February from the boy’s Snapchat account referencing guns and the Columbine High School massacre and plans to shoot and stab people at the school.

During an interview with police on March 23, the boy told police he did not intend to carry out the shooting and police did not find any guns at his home. Jones told police the boy no longer attended the school and was being home schooled, according to police documents.

CNN has reached out to the sheriff’s office for additional information on the case.

Jones in 2020 accused the DeSantis administration of trying to cover up the extent of the pandemic and firing her for refusing to falsify numbers to minimize the scale of the outbreak. Last year, a state inspector general report said her claims were “unsubstantiated” and Covid-19 data was not falsified.

Jones publicly shared the story of her dismissal before leaving the department in May 2020 and became a prominent online critic of DeSantis. She unsuccessfully ran for Congress last year against Republican Rep. Matt Gaetz.

In December 2020, state police executed a search warrant at Jones’ home while investigating whether she accessed a state messaging system without authorization to call for state officials to speak out about Covid-19 deaths. She was ultimately charged with one count of offenses against users of computers, computer systems, computer networks and electronic devices. In December, Jones agreed to admit guilt and pay a $20,000 fee in a pretrial deferred prosecution agreement.

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April 6, 2023
He was free for 2 years. Now Crosley Green faces a life sentence again for a crime he says he didn’t commit | CNN

CNN
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A Florida man was freed from prison in 2021 after serving three decades for a murder he says he didn’t commit. But the conviction was reinstated in 2022, and now a judge has ruled he has to return to prison this month.

US District Judge Roy Dalton ruled this week that Crosley Green must turn himself in to the authorities by April 17 to continue serving life in prison.

Green, 65, has been fighting to clear his name and for his freedom for more than three decades. He may soon have to again do it from behind bars.

Green was allowed to leave prison on conditional release in 2021, about three years after his conviction was overturned by a federal court in Orlando. The state of Florida appealed that decision and won last year, and Green’s conviction was reinstated. Judge 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.

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

“We are in strategy mode right now, with respect to parole and clemency,” Green’s attorney Jeane Thomas told CNN Thursday. “There is a commission within the state of Florida that considers both options. In the case of parole, they make a decision. In the case of clemency, they make a recommendation to the governor.”

Thomas was quick to point 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.

For the past two years, Green has held a job at a machine grafting facility, attended church and spent time with his grandchildren. He 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.”

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.

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 attributed his perseverance to his faith.

“If it wasn’t for the Lord, I’d be down and out right now,” he said in the statement from his lawyers. “I have so much faith and trust and belief, it’s hard for me to let my guard down.”

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April 6, 2023
Death row inmate Richard Glossip’s murder conviction could be vacated after he avoided execution 3 times | CNN

CNN
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Oklahoma’s attorney general is asking for a new trial in the case of death row inmate Richard Glossip, who has spent a quarter of a century in prison for the death of his boss in 1997.

“While the State has previously opposed relief for Glossip, it has changed its position based on a careful review of the new information that has come to light,” Attorney General Gentner F. Drummond wrote in a motion filed Thursday in an Oklahoma appeals court.

The request was made after a special counsel report released Thursday recommended Glossip’s capital murder conviction be vacated and that he be granted a new trial.

Glossip, 60, has insisted he was not involved in the killing of his boss, Barry Van Treese. He has narrowly avoided death three times, as previous execution dates ended with reprieves or stays of execution.

It’s now up to the Oklahoma Court of Appeals to decide whether to grant or deny the request for a new trial. Glossip is currently scheduled to be executed on May 18.

Glossip, a former motel manager, has been behind bars for 26 years. He was convicted of capital murder for ordering the killing of Van Treese.

Another employee, then-19-year-old Justin Sneed, admitted to killing Van Treese with a baseball bat in Oklahoma City. But prosecutors told jurors Sneed killed Van Treese in a murder-for-hire plot orchestrated by Glossip.

Sneed received a life sentence in exchange for his testimony against Glossip.

But recently revealed evidence proves Glossip’s innocence, his defense team says.

“It is now clear that it would be unconscionable for the State to move forward with Mr. Glossip’s execution when there is so much doubt surrounding his conviction,” Glossip’s attorney, Don Knight, said in a statement Thursday.

“We thank (Attorney) General Drummond for his courageous decision to take a deeper look at this difficult case and urge the Court of Criminal Appeals to quickly grant the Attorney General’s request and remand Mr. Glossip’s case to the trial court for further proceedings,” Knight added.

The international law firm Reed Smith spent more than 3,000 pro bono hours investigating Glossip’s case and published a 343-page report last year, commissioned by a bipartisan group of state lawmakers.

The independent investigation “revealed the state’s intentional destruction of evidence before trial and an inadequate police investigation,” Reed Smith said.

The law firm and Glossip’s attorney have since uncovered more evidence, including letters Sneed wrote in prison. The letters are part of an amendment to Reed Smith’s initial report.

In one letter to his attorney, Sneed wrote in part, “There are a lot of things right now that are eating at me. Somethings I need to clean up.”

In another letter, Sneed wrote, “Do I have the choice of recanting my testimony at any time during my life …”

In a separate letter shown to CNN, Sneed’s public defender responded to one of his letters saying, “I can tell by the tone of your letter that some things are bothering you … Had you refused (to testify against Glossip) you would most likely be on death row right now.”

The Oklahoma County public defender’s office, responsible for Sneed’s attorney at the time, has declined to comment.

“We always suspected that Justin Sneed really wanted to, at some point, tell the truth,” said Knight, Glossip’s attorney. “But from those papers, we could tell that even though he was trying to, his lawyer at the time was telling him, ‘Don’t do it.’”

Drummond, the attorney general, said in a Thursday news release he “cannot stand behind the murder conviction and death sentence” of Glossip.

“This is not to say I believe he is innocent. However, it is critical that Oklahomans have absolute faith that the death penalty is administered fairly and with certainty,” Drummond said. “Considering everything I know about this case, I do not believe that justice is served by executing a man based on the testimony of a compromised witness.”

Glossip has been on the verge of execution three times before, even being served three separate last meals, Knight told CNN earlier this year.

He was first convicted of capital murder and sentenced in 1998, but that was overturned in 2001 because of ineffective defense counsel.

He was convicted again in 2004 and again sentenced to death. That year, Glossip was more than an hour past his execution time when the governor issued a stay based on the constitutionality of the state’s execution protocols.

Glossip’s decades on death row have been punctuated by a spate of reprieves and stays of execution.

In an interview with CNN earlier this year, Glossip said he’s still anxious as each execution date nears.

“It’s still scary, it will always be scary until they finally open this door and let me go, or remove this from over my head completely, so I don’t have to worry about, ‘Are they going to kill me next month? Or the month after that? When does time finally run out?’”

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April 6, 2023
Amazon, Microsoft could face UK antitrust probe over cloud services | CNN Business

London
CNN
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Britain’s media and communications regulator Ofcom says it has “significant concerns” that Amazon and Microsoft could be harming competition in the market for cloud services.

In a statement Wednesday, Ofcom said it was “proposing to refer” the cloud services market to the Competition and Markets Authority, the UK antitrust regulator, for further investigation.

Ofcom’s own probe, which it launched in October, had so far uncovered some “concerning practices, including by some of the biggest tech firms in the world,” said Fergal Farragher, the Ofcom director leading the investigation.

“High barriers to switching are already harming competition in what is a fast-growing market. We think more in-depth scrutiny is needed, to make sure it’s working well for people and businesses who rely on these services,” Farragher added.

The Competition and Markets Authority said it received Ofcom’s provisional findings Wednesday and was reviewing them. “We stand ready to carry out a market investigation into this area, should Ofcom determine it is required,” a spokesperson said.

The Ofcom announcement comes days after Google Cloud accused Microsoft

(MSFT) of anti-competitive cloud computing practices. In an interview with Reuters, Google Cloud Vice President Amit Zavery said the company had raised the issue with antitrust agencies and urged EU antitrust regulators to take a closer look.

Cloud services are delivered to businesses and consumers over the internet and include applications such as Gmail and Dropbox.

Europe’s Digital Markets Act, which will apply from May, aims to enhance competition in online services. Britain’s own Digital Markets, Competition and Consumer Bill is expected to come before lawmakers this year.

According to Ofcom, Amazon

(AMZN) Web Services and Microsoft’s Azure have a combined UK market share of 60%-70% in cloud services. Google

(GOOGL) is their closest competitor with 5%-10%.

Ofcom said the three companies charged high “egress fees” for transferring data out of a cloud, which discourages customers from switching providers or using multiple providers to best serve their needs.

It also flagged technical restrictions imposed by the leading providers that prevent some of the services of one provider working effectively with cloud services from other firms, and said that fee discounts were structured to incentivize customers to use a single provider for all or most of their cloud needs.

There were indications that these market features were already causing harm, “with evidence of cloud customers facing significant price increases when they come to renew their contracts,” Ofcom said.

A Microsoft spokesperson said the company would continue to engage with Ofcom on its investigation. “We remain committed to ensuring the UK cloud industry stays highly competitive,” the spokesperson added. CNN has also contacted Amazon and Google.

Ofcom has invited feedback on its interim findings and will publish a final decision by October 5 on whether to refer the cloud services market to the Competition and Markets Authority.

“Making a market investigation reference would be a significant step for Ofcom to take. Our proposal reflects the importance of cloud computing to UK consumers and businesses,” it said.

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April 5, 2023
Suicide note and weapons found when police searched the Nashville shooter’s home, warrant shows | CNN

Editor’s Note: If you or someone you know is struggling with mental health, please call the Suicide & Crisis Lifeline at 988 to connect with a trained counselor or visit 988lifeline.org.

CNN
—

Investigators found a suicide note when they executed a search warrant at the home of the shooter who killed six people at a Nashville school last week, along with more weapons and ammunition, according to an inventory of items seized.

The search warrant and the list of items found were released Tuesday, just over a week after the shooter, former student Audrey Hale, opened fire at The Covenant School, killing three 9-year-olds and three adults.

The warrant, executed the same day as the shooting, shows authorities also found several Covenant School yearbooks and a school photo, in addition to the shooter’s journals. Some of the journals are described as being related to “school shootings; firearm courses,” the list indicates.

A total of 47 items were seized, according to the list.

Hale, 28, fired 152 rounds in the attack, which was planned “over a period of months,” police said in a news release Monday. Hale “considered the actions of other mass murderers,” that release said, and “acted totally alone.”

Hale, who police said was under care for an emotional disorder, had legally purchased seven guns and hidden them at home, Metropolitan Nashville Police Chief John Drake previously said.

Hale was armed with three guns during the attack, which ended after Nashville officers arrived on the scene and confronted the shooter.

Two officers opened fire – a moment captured in bodycam footage later released by police – and killed Hale at 10:27 a.m., 14 minutes after the shooter entered the private Christian school, according to Nashville police spokesperson Don Aaron.

Police continue to work to determine a motive for the attack, but they said previously that writings left behind by Hale – which continue to be reviewed by police and the FBI – made clear it was “calculated and planned.”

Hale targeted the school and Covenant Presbyterian Church, to which the school is attached, police said, but it’s believed the victims were fired upon at random.

Those victims were Evelyn Dieckhaus, William Kinney and Hallie Scruggs, all 9 years old, as well as school custodian Mike Hill, 61, substitute teacher Cynthia Peak, 61, and Katherine Koonce, 60, who was head of the school.

Four police officers who responded to the shooting described to reporters Tuesday how their training guided them as they hunted the shooter.

Officer Rex Engelbert praised two staff members “who stayed on the scene and didn’t run.” They gave him the concise information he needed, as well as “the exact key I needed to enter the building,” he said.

Engelbert and Detective Sgt. Jeff Mathes became part of a team that cleared classrooms and searched for the shooter. When they reached the first-floor atrium they took gunfire from the shooter.

“We were still unsure where that was, but our job is to go towards it, so we went through a pair of double doors,” Mathes said.

Detective Michael Collazo, who heard the shooter might be on the second floor, joined the group.

“At some point around that time frame is when we started hearing the first shots … that’s when everything kind of kicked into overdrive for us, “Collazo said.

After they went up a stairwell and down a second-floor hallway, they encountered a victim on the floor.

“Doing what our training tells us to do in those situations and following the stimulus, all of us stepped over a victim. To this day, don’t know how I did that morally, but training is what kicked in,” Mathes said.

Smoke was filling the building and the fire alarm was blaring, Collazo said. Then there was a gunshot to their right.

He asked Engelbert, who had a scope on his rifle, to lead the team toward the gunshot. Engelbert said things were unfolding “very similar to the training we receive.”

“We then proceeded continually towards the sounds of gunfire and then once we got near the shooter, the shooter was neutralized,” Mathes said.

The school shooting – the deadliest since 21 people, including 19 children, were killed at a school in Uvalde, Texas, last May – renewed debate over the scourge of American gun violence, access to firearms and school safety, a fight that spilled over into the state legislature this week.

Tennessee House Republicans on Monday took steps toward expelling three Democratic state representatives who participated in protests at the state Capitol last Thursday calling for more gun control in the wake of the deadly mass shooting.

A vote on whether to expel the three members – Reps. Gloria Johnson of Knoxville, Justin Jones of Nashville and Justin Pearson of Memphis – is slated for Thursday, according to The Tennessean.

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April 4, 2023
Millennial app founder arrested, charged with defrauding JPMorgan Chase | CNN Business

New York
CNN
—

Charlie Javice, founder of the buzzy student financial assistance startup Frank, was arrested Monday night and charged by the US Securities and Exchange Commission for allegedly defrauding JPMorgan Chase in the $175 million acquisition of her company.

The SEC said in a complaint filed to a New York District Court that Javice led JPMorgan Chase to believe that Frank had 4.25 million users, when it in reality had fewer than 300,000.

The ensuing SEC investigation alleges that Javice took in “$9.7 million directly in stock proceeds, millions more indirectly through trusts, and a contract entitling her to a $20 million retention bonus” through the 2021 sale of her company.

“Ms. Javice engaged in an old school fraud: She lied about Frank’s success in helping millions of students navigate the college financial aid process by making up data to support her claims, and then used that fake information to induce JPMC to enter into a $175 million transaction,” Gurbir S. Grewal, director of the SEC’s Division of Enforcement, said in a statement.

Javice was arrested Monday night in New Jersey on counts related to the same deal. She is charged with one count of conspiracy to commit banking and wire fraud, one count of wire fraud, one count of bank fraud and one count of securities fraud. If convicted, each count carries a sentence that could mean decades in prison.

She is expected to appear in court Tuesday.

JPMorgan Chase filed a lawsuit to a Delaware court in December claiming that Javice lied about “Frank’s success, Frank’s size, and the depth of Frank’s market penetration” by falsifying a list of student users of her startup.

Javice denied the claims and countersued in February, according to The Wall Street Journal.

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April 4, 2023
Russia arrests anti-war activist following blast that killed hawkish blogger | CNN

CNN
—

Russian authorities have detained a 26-year-old anti-war protester, claiming she was involved in the blast that killed well-known military blogger Vladlen Tatarsky at a cafe in St. Petersburg on Sunday.

The country’s interior ministry added Daria Trepova to a wanted list following the explosion, and her arrest was announced on Telegram by the Investigative Committee of Russia shortly after that.

State media outlet TASS reported that “preliminarily, it was Trepova who handed Tatarsky a figurine with explosives” at the cafe. Russian media had reported suggestions that Tatarsky may have been killed by a device hidden in a statue presented to him by a woman. CNN is not able to independently verify the claims.

Russia’s National Anti Terrorism Committee said Monday that the explosion involved agents of the Ukrainian special services and associates of the jailed opposition leader Alexey Navalny.

Tatarsky, a hawkish blogger who gained a high profile for his commentary on Russia’s invasion of Ukraine, was killed when a blast tore through the cafe where he was appearing as a guest of a pro-war group called Cyber Front Z.

Trepova was arrested in the early days of the conflict for demonstrating against it, TASS reported.

“Trepova participated in an unsanctioned rally on the day the special military operation began in Ukraine and was subjected to administrative arrest,” the article read, adding that court records confirmed that Trepova was arrested on March 9, 2022 and sentenced to 10 days in prison.

According to the TASS article, law enforcement officers conducted a search at Trepovas’ residence in St. Petersburg on Sunday night, where her sister and mother were also questioned. Trepova’s husband Dmitry Rylov was a member of the Libertarian Party of Russia, the article said. Trepova, however, was not associated with the party.

Russian state media Ria Novosti quoted one witness of Sunday’s blast as saying: “This woman sat at our table. I saw her from the back as she was turned away. When she gifted him the figurine, she went to sit in a different place by the window and forgot her phone at our table.”

The witness added: “The host at the stage took the figurine from the box and showcased it, Vladlen held it for a bit. They put it back and shortly after the explosion happened … I was running and my ears were blocked. There were many people with blood on them.”

The independent Telegram channel Astra Press quoted a witness as saying: “Everyone rushed to the exit when explosion happened. I myself saw the girl only until the moment of the explosion, when she gave a gift. She looked like an ordinary person.”

Tatarsky supported the war in Ukraine and had gained popularity since the start of what Russia calls its “special military operation” by providing analysis and commentary.

Tatarsky, whose real name is Maxim Fomin, created his Telegram channel in 2019, naming it in honor of the protagonist of Victor Pelevin’s novel “Generation ‘P,’” according to Russian state news agency Vesti. He had since written several books.

Before that, in 2014, Tatarsky took part in fighting alongside Russian forces in the Donbas region of eastern Ukraine, according to Vesti, citing public sources, when President Vladimir Putin’s fighters first invaded the country.

Tatarsky had more than half a million followers on Telegram, and while he was aggressively pro-war, he had sometimes been critical of Russian setbacks in Ukraine.

In May last year, he told CNN that he was not criticizing the overall operation, rather “individual episodes,” and that he still believed Russia would achieve its goals in Ukraine.

Tatarsky gained prominence after attending the ceremony in the Kremlin that marked the illegal annexation of four Ukrainian regions.

Sunday’s blast has echoes of the car bombing that killed Darya Dugina, the daughter of influential ultra-nationalist philosopher Alexander Dugin in August 2022. Alexander Dugin is credited with being the architect, or “spiritual guide,” to Russia’s invasion of Ukraine. Dugina and Tatarsky moved in the same circles, and they had been photographed multiple times together

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April 3, 2023
Media organizations, including CNN, seek unsealing of Trump indictment and ask to broadcast Tuesday proceedings | CNN Politics

Washington
CNN
—

Several media outlets, including CNN, have asked a New York judge to unseal the grand jury indictment against former President Donald Trump. The news organizations are also asking for permission to broadcast Trump’s expected appearance in a Manhattan courtroom on Tuesday for his arraignment on the charges.

In their letter Friday seeking to make the indictment public, the media outlets told Judge Juan Merchan – who is slated to preside over the historic proceedings – that “the right of access is at its zenith when applied to the first ever indictment of a former U.S. president.”

The New York Times, The Washington Post and The Wall Street Journal are among the outlets making the request.

“And no higher values are served by keeping the indictment under seal. Aside from the fact that a former U.S. president is not a flight risk, maintaining the indictment under seal, despite the public disclosure of its existence, only fuels speculation as to its contents. Full disclosure of the indictment will enhance both the general public’s and the parties’ right to an accurate public understanding of the charges,” the request said. “As such, former President Trump’s indictment should be unsealed without delay.”

If the judge does not grant the media outlets’ unsealing request, it is expected that the indictment will be made public when Trump appears in court Tuesday.

With their request to broadcast those proceedings, the media outlets told the court that “the gravity of this proceeding – the unprecedented and historic arraignment of a former U.S. President – and, consequently, the need for the broadest possible public access, cannot be overstated.”

The news organizations are asking for a “limited number of photographers, videographers, and radio journalists to be present at the arraignment,” and said in the letter that they are making “this limited request for audio-visual coverage in order to ensure that the operations of the Court will not be disrupted in any way.”

“The News Organizations stand ready to work cooperatively with the Court to ensure that the public have an opportunity to observe this monumental and historical proceeding,” the media outlets said, while proposing that the court hold a hearing on the matter if it would helpful to making a decision.

Merchan is expected to issue an order Monday on camera access in the courtroom for Trump’s Tuesday arraignment. On Sunday, he invited lawyers for Trump and for the Manhattan District Attorney’s Office to submit by 1 p.m. Monday any concerns or objections to the media outlets’ request to broadcast the arraignment.

Trump faces more than 30 counts related to business fraud in the indictment. The investigation by the Manhattan District Attorney’s Office began when Trump was still in the White House and relates to a $130,000 payment made by his then-personal attorney Michael Cohen to adult film star Stormy Daniels in late October 2016, days before the presidential election, to silence her from going public about an alleged affair with Trump a decade earlier.

Trump has denied the affair.

This story has been updated with additional information.

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April 2, 2023
Swiss prosecutor probes Credit Suisse takeover | CNN Business

Switzerland’s Federal Prosecutor has opened an investigation into the state-backed takeover of Credit Suisse

(AMJL) by UBS Group, the office of the attorney general said Sunday.

The prosecutor, based in the Swiss capital Bern, is looking into potential breaches of the country’s criminal law by government officials, regulators and executives at the two banks, which agreed on an emergency merger last month to avoid a meltdown in the country’s financial system.

There were “numerous aspects of events around Credit Suisse” that warranted investigation and which needed to be analyzed to “identify any criminal offenses that could fall within the competence of the [prosecutor],” it said in a statement.

“The Office of the Attorney General wants to proactively fulfill its mandate and responsibility to contribute to a clean Swiss financial center and has set up a monitoring system so that it can take action immediately on any issues that fall within its area of responsibility,” it added.

It gave no indication of any specific aspects of the merger agreement it might look into or how long the investigation might last.

Both UBS and Credit Suisse declined to comment.

“It’s astonishing that the prosecutor would comment,” said Mark Pieth, professor emeritus of the University of Basel, where he has taught criminal law and criminology. But the rescue “is so out of the ordinary that they had to say something.”

Pieth said the prosecutor could be probing breaches of secrecy provisions by officials, or the trading on inside information, adding that the wiping out of some bondholders as planned under the deal is also problematic.

In the deal announced March 19 and orchestrated by the Swiss government, the central bank and market regulator, UBS would acquire rival Credit Suisse for 3 billion Swiss francs ($3.3 billion). The bank is trying to close the deal by as soon as the end of April, sources have told Reuters.

The Swiss public and politicians have voiced concerns about the level of state support, with nearly 260 billion Swiss francs in liquidity and guarantees offered by the government and Swiss National Bank.

A poll of Swiss economists found that nearly half think the takeover of Credit Suisse was not the best solution. They warned that the situation had dented Switzerland’s reputation as a banking center.

The takeover, which was also designed to help secure financial stability globally during a period of turmoil, has sparked concern among critics about the size of the merged bank, with $1.6 trillion in assets and more than 120,000 staff worldwide.

Up to 30% of staff could lose their jobs due to the takeover, according to an unnamed senior UBS manager quoted in Swiss media.

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April 2, 2023
Iranian women arrested for not wearing hijab after yogurt thrown on them | CNN

CNN
—

Two women in Iran were arrested after a man threw yogurt on them for not wearing the hijab at a store in the northeastern city of Shandiz, according to a video and report published by the Mizan News Agency, the state-run media for Iran’s judiciary.

Video of Thursday’s incident shows a man approaching one of the women who is unveiled and speaking to her before proceeding to grab a tub of yogurt from the store and throwing it, hitting both women in the head.

Iranian women risk arrest for not covering their hair. Many have been defying the mandatory dress code as part of protests that followed the death of a young woman in custody who allegedly violated hijab rules.

The video appears to show a male staff member removing the suspect from the store. CNN is not able to verify what was said immediately before the confrontation.

The two women were arrested after being issued an arrest warrant for failing to wear the hijab in public, according to Mizan News Agency. The incident is under investigation, and the male suspect has been arrested for a disturbance of order, Iranian officials said.

On Saturday the Iranian authorities repeated their stance that wearing the hijab was compulsory,

“The important matter is that today we have a legal mandate,” said Iranian president Ebrahim Raisi, according to Reuters. “The legal mandate makes it mandatory for everyone to follow the law.”

“If there are people who say that they do not share this belief of ours (the mandatory hijab), then this is a place for scientific and cultural centers as well as schools to discuss this and convince them,” Raisi added.

Iran’s Ministry of Interior said that the “hijab is an unquestionable religious necessity,” according to a tweet from the agency on Saturday.

Iranians have taken to the streets nationwide in protest for several months against Iran’s mandatory hijab law, and political and social issues across the country, following the death of 22-year-old Mahsa Amini in the custody of the morality police in September.

Women have burned their headscarves and cut their hair, with some schoolgirls removing their headscarves in classrooms.

Those arrested for participating in anti-government demonstrations have faced various forms of abuse and torture, including electric shocks, controlled drowning, rape and mock executions.

School students who protested faced being detained and taken to mental health institutions.

Some protestors have even been sentenced to death and executed.

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April 2, 2023
Meet the judge presiding over Trump’s criminal arraignment | CNN Politics

CNN
—

When Donald Trump enters a New York courtroom on Tuesday, he’ll face a seasoned judge who is no stranger to the former president’s orbit.

Acting New York Supreme Court Judge Juan Merchan has sentenced Trump’s close confident Allen Weisselberg to prison, presided over the Trump Organization tax fraud trial and overseen former adviser Steve Bannon’s criminal fraud case.

But Trump’s historic arraignment on Tuesday will perhaps be Merchan’s most high-profile case to date, even after a long career atop the state-level trial court.

Merchan has been described by observers as a “tough” judge, yet one who is fair, no matter who is before him.

Here’s what you need to know.

Trump’s arraignment is likely to be a spectacle with a show of law enforcement and with the former president already fanning the flames on social media with his views on Merchan and his indictment.

But in the courthouse, Merchan does not stand for disruptions or delays, attorneys who have appeared before him told CNN, and he’s known to maintain control of his courtroom even when his cases draw considerable attention.

“Judge Merchan was efficient, practical, and listened carefully to what I had to say,” Nicholas Gravante, the attorney who represented Weisselberg in his plea, said via email.

“He was clear in signaling his judicial inclinations, which helped me tremendously in giving Mr. Weisselberg informed legal advice. Judge Merchan was always well-prepared, accessible, and – most importantly in the Weisselberg matter – a man of his word. He treated me and my colleagues with the utmost respect, both in open court and behind closed doors.”

Karen Friedman Agnifilo, a private practice attorney who previously worked as the chief assistant district attorney in the Manhattan District Attorney’s Office, supervising cases Merchan presided over, echoed that sentiment.

“[Merchan] doesn’t let the prosecutors or the defendants create any issues in his courtroom. He doesn’t let a media circus or any other kind of circus happen. I don’t think Donald Trump attacking him and threatening him is going to bode very well for him in the courtroom,” Agnifilo said.

“The judge is the kind of judge where he will ignore it and not hold it against Donald Trump. He’s not vindictive in any way like that.”

Merchan showed some of his tough side when Weisselberg was sentenced, telling the former Trump associate that if he had not already promised him a five-month sentence, he would have handed him a “much greater” sentence after having listened to evidence at trial.

When he presided over Bannon’s criminal fraud case, Merchan chastised the former Trump aide’s new team of attorneys for delaying the case when they asked for more time to review new evidence.

In addition to the Trump cases, Merchan has also presided over other high-profile cases, including the “soccer mom madam” trial, in which he set a $2 million bond for suburban mom Anna Gristina, who was charged with running a $2,000-an-hour escort service for the wealthy, Bloomberg News reported.

Merchan also handed a 25-years-to-life sentence to a Senegalese man who raped and murdered his girlfriend.

Trump attorney Timothy Parlatore said during an interview Friday on CNN that Merchan was “not easy” on him when he tried a case before him, but echoed that the judge likely will be fair.

“I’ve tried a case in front of him before. He could be tough. I don’t think it’s necessarily going to be something that’s going to change his ability to evaluate the facts and the law in this case,” Parlatore said.

Merchan, however, is also credited by his peers for having helped create the Manhattan Mental Health Court, which he often presides over and where he has earned a reputation for “compassionate” rulings that give defendants second chances.

“I watched a colleague of mine try a shooting case where someone got shot, so he’s able to try those very serious violent crimes and then switch,” said Brendan Tracy, a criminal defense attorney who previously served as an assistant district attorney in the Manhattan District Attorney’s Office.

“Maybe someone who was a serial shoplifter and then charged with grand larceny and is in mental health treatment court because they had mental health issues, he was able to handle the wide range of cases and do them all fairly,” Tracy added.

Still, Earl Ward, a trial attorney and chair of public defender nonprofit The Bronx Defenders, said that having watched Merchan preside over cases in the Mental Health Court, the judge often sided with prosecutors.

“He’s fair and his rulings are consistent with the law, but if it’s a close call, his reputation is that he lands on the prosecution’s side,” Ward said.

Merchan launched his legal career in 1994 when he started off as an assistant district attorney in the trial division in the Manhattan District Attorney’s Office. Several years later, he moved on to the state attorney general’s office, where he worked on cases in Long Island.

In 2006, New York Mayor Michael Bloomberg, then a Republican, appointed Merchan to Family Court in the Bronx, and Democratic Gov. David Paterson appointed him to the New York State Court of Claims in 2009, the same year he began serving as an acting New York Supreme Court Judge.

Born in Bogota, Colombia, Merchan emigrated to the United States at the age of 6 and grew up in the New York City neighborhood of Jackson Heights, Queens, according to a New York Times profile of the judge. He was the first in his family to go to college. t

Merchan initially studied business at Baruch College in New York before he dropped out of school to go work only to return several years later to finish school so that he could get his law degree, the Times reported.

He eventually received his law degree from Hofstra University.

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April 1, 2023
Oscar Pistorius denied parole | CNN

CNN
—

Disgraced South African Paralympic sprinter Oscar Pistorius was denied parole on Friday, according to local authorities who said he has yet to complete his minimum sentence.

According to South African law, inmates can be considered for parole after serving half of their sentence if they meet conditions, like good behavior in prison.

The former Olympic sprinter shot his partner Reeva Steenkamp four times through the bathroom door of his house in 2013, denying that he killed her in a fit of anger and saying instead he had mistaken her for an intruder. He was originally sentenced to 13 years and five months imprisonment.

A spokesperson for South Africa’s Correctional Services, Singabakho Nxumalo, told CNN that Pistorius’ submission for parole was not granted because he was not yet eligible – an issue clarified by the country’s top appeals court earlier this week.

“The parole board has granted Mr. Pistorius a further profile for August 2024 and the reason behind that is that Mr. Pistorius is yet to serve a minimum detention period as per the clarification order provided by the Supreme Court of Appeal, which was only provided to the department on the 28th of March 2023,” Nxumalo said.

Pistorius must now continue to serve his sentence until a new parole hearing in August 2024.

The parole board’s decision was quickly hailed by Steenkamp’s parents, who had opposed an early release, according to their lawyer.

“While we welcome today’s decision, today is not a cause for celebration. We miss Reeva terribly and will do so for the rest of our lives. We believe in justice and hope that it continues to prevail,” their lawyer Tania Koen told CNN.

In 2018, the athlete’s father Henke Pistorius told the UK’s Times newspaper that he ran bible classes and prayer groups for prisoners, including the jail’s most feared gang leader.

To be eligible for parole, Pistorius had to participate in South Africa’s “Restorative Justice” process, which gives offenders the opportunity to “acknowledge and take responsibility for their actions.”

The athlete – once feted as an inspirational figure after competing in the 2012 Olympics – became the center of a trial that was followed around the world.

During the trial, Pistorius pleaded not guilty to one charge of murder and a firearms charge associated with Steenkamp’s killing.

Prosecutors argued her killing was deliberate and that the shooting happened after the couple had an argument.

He frequently broke down in court and his past behavior was closely scrutinized.

Pistorius was convicted of manslaughter in 2014 and sentenced to five years. But a higher court overturned the conviction and changed it to murder a year later, increasing his sentence to six years in prison.

The ruling was appealed by prosecutors who claimed the sentence was too lenient. Pistorius’ sentence was increased to 13 years and five months by South Africa’s Supreme Court of Appeal in 2017.

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March 31, 2023
Convicted ISIS supporter sentenced to additional year in prison over meeting with ‘American Taliban’ John Lindh | CNN Politics

CNN
—

A Virginia man convicted of providing support to ISIS in 2015 was sentenced Thursday to serve an additional year in prison for breaking his release conditions after meeting multiple times with John Walker Lindh, the so-called “American Taliban” and sharing ISIS propaganda online in encrypted chats.

In 2015, Ali Shukri Amin pleaded guilty to providing support to ISIS – posting articles on how ISIS members could avoid detection in online communications and sharing instructions on how the terrorist group could use cryptocurrency for fundraising efforts, according to the plea agreement.

Amin, who was 17 years old when he pleaded guilty, served several years in prison before being released on supervision.

According to the government, Amin broke his release conditions when he met Lindh, a convicted felon, in person several times, communicated with him and others on an unmonitored device and shared and translated ISIS propaganda online.

One file stored on his device, which Amin attempted to share with others, according to the government, contained an ISIS propaganda video showing mass beheadings and attack instructions, prosecutors said.

“Now he has a network of like-minded convicted terrorists,” prosecutors said, adding, “Mr. Amin continues to support ISIS” and “remains a danger to society.”

Amin’s attorney, Jessica Carmichael, told the court that Amin also had anti-ISIS material on his computer and said that his conversations with Lindh online were largely about job searches.

“We’re talking about having dinner with John Walker Lindh three times,” Carmichael said, noting that Lindh was also on supervision at the time of the meetings in 2021 and was being supervised by the same probation officer as Amin.

Lindh, who was released in 2019, was also on supervised release and subject to the same condition as Amin at the time of the alleged meetings, but has not been accused of violating those terms.

Amin told the court the government had used “selective quotes” that were out of context but said he regretted “my poor decisions.”

“I will do better,” he told District Judge Claude M. Hilton.

Hilton also sentenced Amin to a lifetime of supervised release.

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March 30, 2023
Maryland court reinstates murder conviction of ‘Serial’ subject Adnan Syed | CNN

CNN
—

A Maryland appellate court on Tuesday reinstated the conviction of Adnan Syed, the man who spent over two decades behind bars for the 1999 killing of his ex-girlfriend Hae Min Lee and whose murder case was featured in the landmark podcast “Serial.”

In a 2-1 ruling, the appellate court said the lower court had violated the rights of the victim’s brother, Young Lee, to attend a key September hearing when a judge vacated Syed’s conviction, leading to his release.

“Because the circuit court violated Mr. Lee’s right to notice of, and his right to attend, the hearing on the State’s motion to vacate … this Court has the power and obligation to remedy those violations, as long we can do so without violating Mr. Syed’s right to be free from double jeopardy,” the court’s opinion said.

“We remand for a new, legally compliant, and transparent hearing on the motion to vacate, where Mr. Lee is given notice of the hearing that is sufficient to allow him to attend in person, evidence supporting the motion to vacate is presented, and the court states its reasons in support of its decision,” it added.

The Lee family is “very pleased” with the ruling, their attorney Steve Kelly told “CNN This Morning” Wednesday.

“We think it really represents a step toward transparency and the rule of law. You can’t have a trial by podcast or a trial by publicity,” Kelly said, contending the proper judicial process was not followed when Syed’s conviction was tossed out.

“It’s in everyone’s interest, including Mr. Syed’s, to have all the evidence aired publicly,” Kelly said, adding later that the Lee family is “not vengeful.”

“We want the truth,” he said. “If Adnan Syed is not the guy, then we want him out.”

David Sanford, another Lee family attorney, similarly told CNN in a statement the family was “delighted” with the court’s decision and the order for a “transparent hearing where the evidence will be presented in open court.”

Assistant Public Defender Erica Suter, Syed’s attorney and director of the Innocence Project Clinic, said the appellate court reinstated the conviction “not because the Motion to Vacate was erroneous, but because Ms. Lee’s brother did not appear in person at the vacatur hearing.”

“We agree with the dissenting judge that the appeal is moot and that Mr. Lee’s attendance over Zoom was sufficient,” Suter said in a statement provided to CNN by the Maryland Office of the Public Defender.

“There is no basis for re-traumatizing Adnan by returning him to the status of a convicted felon. For the time being, Adnan remains a free man,” the attorney said.

“We remain optimistic that justice will be done,” Suter added. “We intend to seek review in Maryland’s highest court, the Supreme Court of Maryland, and will continue to fight until Adnan’s convictions are fully vacated.”

The decision to vacate Syed’s conviction came nearly eight years after the podcast dug into the case and raised questions about the conviction and Syed’s legal representation.

In explaining her decision to vacate, Baltimore City Circuit Judge Melissa Phinn cited material in the state investigation that was not properly turned over to defense attorneys, as well as the existence of two suspects who may have been improperly cleared as part of the investigation.

Lee’s brother had requested a redo of that hearing, arguing in part he didn’t have enough notice to attend in person. Attorneys for Lee, who was able to watch September’s proceedings by Zoom, previously alleged in court documents that prosecutors and the circuit court that overturned Syed’s conviction had violated the brother’s rights.

That happened, they allege, by failing to give him adequate notice, withholding evidence from the family and not giving the brother a proper chance to be heard at the proceedings.

Sanford, the family’s attorney, told Maryland’s appellate court last month that the circuit court and prosecutors “failed repeatedly” ahead of September’s decision to vacate Syed’s conviction.

“The victim, or victim’s representative … has a right to be heard,” the attorney said.

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March 29, 2023