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  • Off-duty pilot who tried to cut a flight’s engines midair won’t serve prison time, judge rules

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    A federal judge on Monday ruled there would be no prison time for a former Alaska Airlines pilot who had taken psychedelic mushrooms days before he tried to cut the engines of a passenger flight in 2023 while riding off-duty in the cockpit.U.S. District Court Judge Amy Baggio in Portland, Oregon, sentenced Joseph Emerson to time served and three years’ supervised release, ending a case that drew attention to the need for cockpit safety and more mental health support for pilots.Federal prosecutors wanted a year in prison, while his attorneys sought probation.“Pilots are not perfect. They are human,” Baggio said. “They are people and all people need help sometimes.”Emerson hugged his attorneys and tearfully embraced his wife after he was sentenced.Emerson was subdued by the flight crew after trying to cut the engines of a Horizon Air flight from Everett, Washington, to San Francisco on Oct. 22, 2023, while he was riding in an extra seat in the cockpit. The plane was diverted and landed in Portland with more than 80 people.Emerson told police he was despondent over a friend’s recent death, had taken psychedelic mushrooms about two days earlier, and hadn’t slept in over 40 hours. He has said he believed he was dreaming and was trying to wake up by grabbing two red handles that would have activated the fire suppression system and cut fuel to the engines.He spent 46 days in jail and was released pending trial in December 2023, with requirements that he undergo mental health services, stay off drugs and alcohol, and keep away from aircraft.Attorney Ethan Levi described his client’s actions as “a product of untreated alcohol use disorder.” Emerson had been drinking and accepted mushrooms “because of his lower inhibitions,” Levi said.Emerson went to treatment after jail and has been sober since, he added.Baggio said the case is a cautionary tale. Before she sentenced him, Emerson said he regretted the harm he caused.“I’m not a victim. I am here as a direct result of my actions,” he told the court. “I can tell you that this very tragic event has forced me to grow as an individual.”Loved ones and pilots addressed the judgeEmerson’s wife, Sarah Stretch, was among those who spoke on his behalf at the hearing.“I am so sorry for those that it’s impacted as much as it has. But I am extremely proud to be here with this man today, because the growth that he has had from this terrible experience has not only helped him, but benefited all that surround him,” she said through tears.One of the pilots of the 2023 Horizon Air flight, Alan Koziol, said he didn’t think Emerson was acting with malice and that he seemed “more like a trapped animal than a man in control of his faculties.” Koziol said that while pilots bear “immense responsibility,” he also wanted to see the aviation industry become more open to allowing pilots to seek mental health care.Lyle Prouse, sentenced to 16 months in prison for flying an airliner under the influence of alcohol in 1990, told the judge via videoconference that Emerson was “solidly engaged” in recovering. Prouse said he got sober and was eventually reinstated by the airline and retired as a 747 captain. He was pardoned by then-President Bill Clinton.“I know Joe like nobody else in this courtroom knows Joe on that level,” he said.Geoffrey Barrow, assistant U.S. attorney in the district of Oregon, said Emerson’s actions were serious and that the crew “saved the day by intervening.”“There were 84 people on that plane who could have lost their lives,” he said.Alison Snyder told the court via phone that it was a traumatic experience for her and her husband as passengers.“Because of Joseph Emerson’s actions that day, we will never feel as safe flying as we once did,” she said.Emerson was already sentenced in state caseEmerson, of Pleasant Hill, California, had pleaded guilty or no-contest to all charges in September as part of agreements with prosecutors.He was charged in federal court with interfering with a flight crew. A state indictment in Oregon separately charged him with 83 counts of endangering another person and one count of endangering an aircraft.A state court sentenced him to 50 days in jail, with credit for time served, plus five years of probation, 664 hours of community service — half of which he can serve at his own pilot health nonprofit — and over $60,000 in restitution, nearly all of it to Alaska Air Group. His sentence included rules over drugs, alcohol and mental health treatment, as well as avoiding aircraft.His attorneys argued before federal sentencing that the “robust” state prosecution “resulted in substantial punishment.”Emerson told a state court in September he was grateful the crew restrained him. He said being forced to confront his mental health and alcohol dependence was the greatest gift he ever received.

    A federal judge on Monday ruled there would be no prison time for a former Alaska Airlines pilot who had taken psychedelic mushrooms days before he tried to cut the engines of a passenger flight in 2023 while riding off-duty in the cockpit.

    U.S. District Court Judge Amy Baggio in Portland, Oregon, sentenced Joseph Emerson to time served and three years’ supervised release, ending a case that drew attention to the need for cockpit safety and more mental health support for pilots.

    Federal prosecutors wanted a year in prison, while his attorneys sought probation.

    “Pilots are not perfect. They are human,” Baggio said. “They are people and all people need help sometimes.”

    Emerson hugged his attorneys and tearfully embraced his wife after he was sentenced.

    Emerson was subdued by the flight crew after trying to cut the engines of a Horizon Air flight from Everett, Washington, to San Francisco on Oct. 22, 2023, while he was riding in an extra seat in the cockpit. The plane was diverted and landed in Portland with more than 80 people.

    Emerson told police he was despondent over a friend’s recent death, had taken psychedelic mushrooms about two days earlier, and hadn’t slept in over 40 hours. He has said he believed he was dreaming and was trying to wake up by grabbing two red handles that would have activated the fire suppression system and cut fuel to the engines.

    He spent 46 days in jail and was released pending trial in December 2023, with requirements that he undergo mental health services, stay off drugs and alcohol, and keep away from aircraft.

    Attorney Ethan Levi described his client’s actions as “a product of untreated alcohol use disorder.” Emerson had been drinking and accepted mushrooms “because of his lower inhibitions,” Levi said.

    Emerson went to treatment after jail and has been sober since, he added.

    Baggio said the case is a cautionary tale. Before she sentenced him, Emerson said he regretted the harm he caused.

    “I’m not a victim. I am here as a direct result of my actions,” he told the court. “I can tell you that this very tragic event has forced me to grow as an individual.”

    Loved ones and pilots addressed the judge

    Emerson’s wife, Sarah Stretch, was among those who spoke on his behalf at the hearing.

    “I am so sorry for those that it’s impacted as much as it has. But I am extremely proud to be here with this man today, because the growth that he has had from this terrible experience has not only helped him, but benefited all that surround him,” she said through tears.

    One of the pilots of the 2023 Horizon Air flight, Alan Koziol, said he didn’t think Emerson was acting with malice and that he seemed “more like a trapped animal than a man in control of his faculties.” Koziol said that while pilots bear “immense responsibility,” he also wanted to see the aviation industry become more open to allowing pilots to seek mental health care.

    Lyle Prouse, sentenced to 16 months in prison for flying an airliner under the influence of alcohol in 1990, told the judge via videoconference that Emerson was “solidly engaged” in recovering. Prouse said he got sober and was eventually reinstated by the airline and retired as a 747 captain. He was pardoned by then-President Bill Clinton.

    “I know Joe like nobody else in this courtroom knows Joe on that level,” he said.

    Geoffrey Barrow, assistant U.S. attorney in the district of Oregon, said Emerson’s actions were serious and that the crew “saved the day by intervening.”

    “There were 84 people on that plane who could have lost their lives,” he said.

    Alison Snyder told the court via phone that it was a traumatic experience for her and her husband as passengers.

    “Because of Joseph Emerson’s actions that day, we will never feel as safe flying as we once did,” she said.

    Emerson was already sentenced in state case

    Emerson, of Pleasant Hill, California, had pleaded guilty or no-contest to all charges in September as part of agreements with prosecutors.

    He was charged in federal court with interfering with a flight crew. A state indictment in Oregon separately charged him with 83 counts of endangering another person and one count of endangering an aircraft.

    A state court sentenced him to 50 days in jail, with credit for time served, plus five years of probation, 664 hours of community service — half of which he can serve at his own pilot health nonprofit — and over $60,000 in restitution, nearly all of it to Alaska Air Group. His sentence included rules over drugs, alcohol and mental health treatment, as well as avoiding aircraft.

    His attorneys argued before federal sentencing that the “robust” state prosecution “resulted in substantial punishment.”

    Emerson told a state court in September he was grateful the crew restrained him. He said being forced to confront his mental health and alcohol dependence was the greatest gift he ever received.

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  • Menendez brothers won’t get new trial; judge rejects petition over sexual abuse claims

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    A judge has rejected Erik and Lyle Menendez’s petition for a new trial, ruling that evidence showing they suffered sexual abuse at their father’s hands would not have changed the outcome of the murder trial that has put them in prison for more than 35 years for gunning down their parents.

    The ruling, handed down by Los Angeles County Superior Court Judge William C. Ryan on Monday, is the latest blow to the brothers’ bid for release. Both were denied parole during lengthy hearings in late August.

    A habeas corpus petition filed on behalf of the brothers in 2023 argued they should have been able to present additional evidence at trial that their father, Jose Menendez, was sexually abusive.

    The new evidence included a 1988 letter that Erik Menendez sent to his cousin, Andy Cano, saying he was abused into his late teens. There were also allegations made by Roy Rosselló, a former member of the boy band Menudo, who claimed Jose Menendez raped him.

    The brothers have long argued they were in fear for their lives that their father would keep abusing them, and that their parents would kill them to cover up the nightmarish conditions in their Beverly Hills home.

    Prosecutors contended the brothers killed their parents with shotguns in 1989 to get access to their massive inheritance, and have repeatedly highlighted Erik and Lyle’s wild spending spree in the months that followed their parents’ deaths.

    “Neither piece of evidence adds to the allegations of abuse the jury already considered, yet found that the brothers planned, then executed that plan to kill their abusive father and complicit mother,” Ryan wrote. “The court finds that these two pieces of evidence presented here would have not have resulted in a hung jury nor in the conviction of a lesser instructed offense.”

    Ryan agreed with Los Angeles County Dist. Atty. Nathan Hochman that the petition should not grant the brothers a new trial because the abuse evidence would not have changed the fact that they had planned and carried out the execution-style killings.

    Ryan wrote the new evidence would not have resulted in the trial court proceeding differently because the brothers could not show they experienced a fear of “imminent peril.”

    A spokesperson for the group of more than 30 Menendez relatives who have been fighting for the brothers’ release did not immediately respond to a request for comment. A spokesman for the district attorney’s office was not immediately available for comment.

    The gruesome killings occurred after the brothers used cash to buy the shotguns and attacked their parents while they watched a movie in the family living room.

    Prosecutors said Jose Menendez was struck five times with shotgun blasts, including in the back of the head, and Kitty Menendez crawled on the floor wounded before the brothers reloaded and fired a final, fatal blast.

    The petition rejected this week was one of three paths the Menendez legal team has pursued in seeking freedom for the brothers. Another judge earlier this year resentenced them to 50 years to life for the murders, making them eligible for parole after they were originally sentenced to life in prison.

    Both were denied release at their first parole hearing, but could end up before the state panel again in as soon as 18 months. Clemency petitions are also still pending before Gov. Gavin Newsom.

    The first trial ended with hung juries for each brother. In the second, allegations of abuse and supporting testimonies were restricted, and Lyle and Erik Menendez were convicted of first-degree murder in March 1996.

    Erik Menendez insisted at his parole hearing that he and his brother had purchased the shotguns because they believed that their parents might try to kill them, or that his father would go to his room to rape him.

    “That was going to happen,” he said. “One way or another. If he was alive, that was going to happen.”

    Asked why the two killed their mother as well, Erik Menendez said that the decision was made after learning she was aware of the abuse.

    “Step by step, my mom had shown she was united with my dad,” he said at the hearing. “On that night, I saw them as one person. Had she not been in the room, maybe it would have been different.”

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    Richard Winton, James Queally

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  • Trump says Chicago ‘will find out why it’s called the Department of WAR’ ahead of planned crackdown

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    President Donald Trump posted a meme on social media Saturday saying that Chicago “will find out why it’s called the Department of WAR,” as the city’s officials brace for an immigration crackdown.Related video above — ‘We’re going in’: President Trump vows National Guard deployments as judge rules against him”I love the smell of deportations in the morning … Chicago about to find out why it’s called the Department of WAR,” the post reads. Trump signed an executive order on Friday to rebrand the Pentagon as the “Department of War.”The post includes what appears to be an artificially generated image of the president wearing a hat and sunglasses, with the Chicago skyline in the background, accompanied by text reading “Chipocalypse Now.”Democratic Illinois Gov. JB Pritzker on Saturday called Trump’s post “not normal.””The President of the United States is threatening to go to war with an American city. This is not a joke. This is not normal,” Pritzker wrote on X. “Donald Trump isn’t a strongman, he’s a scared man. Illinois won’t be intimidated by a wannabe dictator.”It comes as Trump has ramped up his rhetoric against the country’s third most populous city. CNN previously reported the Trump administration’s plans to conduct a major immigration enforcement operation in Chicago, and that officials there were bracing for it to begin as early as Friday.In recent days, personnel from Immigration and Border Protection, as well as Customs and Border Protection, have begun trickling into the city, White House officials told CNN.The Trump administration has also reserved the right to call in the National Guard if there is a reaction to the operation that warrants it, the officials said. The Chicago operation is being modeled after a similar operation carried out in Los Angeles in June. A judge ruled this week that the June deployment broke federal law prohibiting the military from law enforcement activity on U.S. soil in most cases; the Trump administration has appealed.White House officials have made clear the Chicago immigration crackdown is distinct from the idea the president has floated to use federal law enforcement and National Guard troops to carry out a broader crime crackdown in the city, similar to the operation in Washington, D.C.When asked by a reporter Tuesday about sending National Guard troops into the city, Trump said, “We’re going,” adding, “I didn’t say when. We’re going in.”Democratic officials who represent Chicago and Illinois also condemned Trump’s post Saturday.”The President’s threats are beneath the honor of our nation, but the reality is that he wants to occupy our city and break our Constitution,” wrote Chicago Mayor Brandon Johnson on social media. “We must defend our democracy from this authoritarianism by protecting each other and protecting Chicago from Donald Trump.”Illinois Sen. Tammy Duckworth described Trump’s post on X as “Stolen valor at its worst,” writing, “Take off that Cavalry hat, you draft dodger. You didn’t earn the right to wear it.”CNN’s Alayna Treene contributed to this report.

    President Donald Trump posted a meme on social media Saturday saying that Chicago “will find out why it’s called the Department of WAR,” as the city’s officials brace for an immigration crackdown.

    Related video above — ‘We’re going in’: President Trump vows National Guard deployments as judge rules against him

    “I love the smell of deportations in the morning … Chicago about to find out why it’s called the Department of WAR,” the post reads. Trump signed an executive order on Friday to rebrand the Pentagon as the “Department of War.”

    The post includes what appears to be an artificially generated image of the president wearing a hat and sunglasses, with the Chicago skyline in the background, accompanied by text reading “Chipocalypse Now.”

    Democratic Illinois Gov. JB Pritzker on Saturday called Trump’s post “not normal.”

    “The President of the United States is threatening to go to war with an American city. This is not a joke. This is not normal,” Pritzker wrote on X. “Donald Trump isn’t a strongman, he’s a scared man. Illinois won’t be intimidated by a wannabe dictator.”

    It comes as Trump has ramped up his rhetoric against the country’s third most populous city. CNN previously reported the Trump administration’s plans to conduct a major immigration enforcement operation in Chicago, and that officials there were bracing for it to begin as early as Friday.

    In recent days, personnel from Immigration and Border Protection, as well as Customs and Border Protection, have begun trickling into the city, White House officials told CNN.

    The Trump administration has also reserved the right to call in the National Guard if there is a reaction to the operation that warrants it, the officials said. The Chicago operation is being modeled after a similar operation carried out in Los Angeles in June. A judge ruled this week that the June deployment broke federal law prohibiting the military from law enforcement activity on U.S. soil in most cases; the Trump administration has appealed.

    White House officials have made clear the Chicago immigration crackdown is distinct from the idea the president has floated to use federal law enforcement and National Guard troops to carry out a broader crime crackdown in the city, similar to the operation in Washington, D.C.

    When asked by a reporter Tuesday about sending National Guard troops into the city, Trump said, “We’re going,” adding, “I didn’t say when. We’re going in.”

    Democratic officials who represent Chicago and Illinois also condemned Trump’s post Saturday.

    “The President’s threats are beneath the honor of our nation, but the reality is that he wants to occupy our city and break our Constitution,” wrote Chicago Mayor Brandon Johnson on social media. “We must defend our democracy from this authoritarianism by protecting each other and protecting Chicago from Donald Trump.”

    Illinois Sen. Tammy Duckworth described Trump’s post on X as “Stolen valor at its worst,” writing, “Take off that Cavalry hat, you draft dodger. You didn’t earn the right to wear it.”

    CNN’s Alayna Treene contributed to this report.

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  • Trump deployment of military troops to Los Angeles was illegal, judge rules in blistering opinion

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    A federal judge ruled Tuesday that the Trump administration’s deployment of U.S. military troops to Los Angeles during immigration raids earlier this year was illegal.

    U.S. District Judge Charles Breyer found the deployment violated the Posse Comitatus Act, which limited the use of the military for law enforcement purposes. He stayed his ruling to give the administration a chance to appeal.

    “President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country … thus creating a national police force with the President as its chief,” Breyer wrote.

    The ruling could have implications beyond Los Angeles.

    Trump, who sent roughly 5,000 Marines and National Guard troops to L.A. in June in a move that was opposed by California Gov. Gavin Newsom and L.A. Mayor Karen Bass, issued an executive order declaring a public safety emergency in D.C. The order invoked Section 740 of the District of Columbia Home Rule Act that places the Metropolitan Police Department under direct federal control.

    In June, Breyer ruled that Trump broke the law when he mobilized thousands of California National Guard members against the state’s wishes.

    In a 36-page decision, Breyer wrote that Trump’s actions “were illegal — both exceeding the scope of his statutory authority and violating the 10th Amendment to the United States Constitution.”

    But the U.S. 9th Circuit Court of Appeals paused that court order, allowing the troops to remain in Los Angeles while the case plays out in federal court. The appellate court found the president had broad, though not “unreviewable,” authority to deploy the military in American cities.

    In his Tuesday ruling Breyer added: “The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act.”

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    Jenny Jarvie

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