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Tag: Juries

  • Missouri mom convicted of killing her infant twins

    Missouri mom convicted of killing her infant twins

    ST. LOUIS — A Missouri mother who reported that her infant twins were stillborn has been convicted of manslaughter.

    Maya Caston, 28, was convicted Friday of second-degree involuntary manslaughter and two counts of child endangerment. The St. Louis Post-Dispatch reports that jury found her guilty of lesser charges instead of convicting her of second-degree murder.

    Prosecutors argued that Caston’s lack of action to get care for the babies showed that she caused the deaths. And her extensive internet searches for miscarriages and abortion methods before she gave birth demonstrated that she didn’t want the babies.

    The evidence showed that Caston searched Google for “cheap abortion pills,” “free abortion clinic” and “can you cause a miscarriage if you hit yourself in the stomach hard enough?” After she gave birth, Cason researched if you can bury a baby in a back garden.

    Caston told the jury that she had planned to give the babies up for adoption at a doctor’s appointment three days after they were born, but by that time, the babies had died after not eating.

    “We have two dead babies. She didn’t want them. She didn’t care for them,” Assistant Prosecuting Attorney Thomas Dittmeier said in closing arguments. “She didn’t even give them a name.”

    Caston’s public defenders argued that she has an intellectual disability and didn’t understand the risk to the infants.

    “I was in shock. I didn’t know what to do,” she told the jury.

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  • Trial set for Black soldier suing police over violent stop

    Trial set for Black soldier suing police over violent stop

    NORFOLK, Va. — A U.S. Army lieutenant who was pepper sprayed, struck and handcuffed by police in rural Virginia, but never arrested, will argue to a jury that he was assaulted and falsely imprisoned and that his vehicle was illegally searched.

    Video of the 2020 traffic stop got millions of views the next year after Caron Nazario filed the federal lawsuit that is now being heard, highlighting fears of mistreatment among Black drivers and intensifying the scrutiny of the boundaries of reasonable, and legal, police conduct.

    The episode also served as a grim signal to many Black Americans that military uniforms don’t necessarily protect against abuse of authority by law enforcement.

    The trial is scheduled to begin Monday in federal court in Richmond.

    Video shows Windsor police officers Daniel Crocker and Joe Gutierrez pointing handguns at a uniformed Nazario behind the wheel of his Chevy Tahoe at a gas station. The officers repeatedly commanded Nazario to exit his SUV, with Gutierrez warning at one point that Nazario was “fixing to ride the lightning” when he didn’t get out.

    Nazario held his hands in the air outside the driver’s side window and continually asked why he was being stopped.

    Nazario also said: “I’m honestly afraid to get out.”

    “You should be,” Gutierrez responded.

    Nazario stayed in the vehicle. Gutierrez went on to pepper spray him through the open window. Once Nazario exited the SUV, the officers commanded him to get on the ground, with Gutierrez using his knees to strike Nazario’s legs, the lawsuit states.

    Since the traffic stop, Nazario has developed anxiety, depression and PTSD, according to his lawsuit. He has been unable to leave home at times due to “hypervigilance regarding the potential for harassment by law enforcement,” court filings state.

    A psychologist found that Nazario, who is Black and Latino, suffers from race-based trauma associated with violent police encounters, which can exacerbate injuries “in ways that do not commonly affect the white populations.”

    “The officers involved not only assaulted Mr. Nazario, but pointed their weapons directly at him and, at some point during the encounter, threatened to kill him,” the suit alleges. “Mr. Nazario recalls that he thought he was going to die that evening.”

    Nazario is suing Crocker and Gutierrez. Crocker is still on the force, but Gutierrez was fired in April 2021, the same month Nazario filed his lawsuit.

    The men deny ever threatening to kill Nazario. They contend that Nazario misconstrued Gutierrez’s statement that Nazario was “fixing to ride the lightning.” Gutierrez spoke those words while holstering his gun and drawing his Taser and was referencing his stun gun, not an execution, according to court filings.

    Crocker and Gutierrez argue that they performed their duties within the law after Nazario failed to immediately pull over and refused to exit his vehicle. Plus, a federal judge already found they had probable cause to stop Nazario for an improperly displayed license plate, and to charge him with eluding police, as well as obstruction of justice and failure to obey.

    “To the extent Mr. Nazario claims mental anguish or other psychological injuries, Mr. Nazario is still in the Virginia National Guard — there is no evidence he has been medically retired or otherwise discharged in connection with this incident,” according to a trial brief filed by Gutierrez in late November. “In fact, shortly after the traffic stop, Mr. Nazario deployed to Washington, D.C. in support of the January 6, 2021 disturbance.”

    Nazario, a medical officer, said he arrived after the insurrection occurred, according to a deposition.

    Besides Nazario’s lawsuit, fallout from the traffic stop includes a lawsuit brought by the state attorney general that alleges Windsor discriminated against Black Americans. The small town is about 70 miles (110 kilometers) southeast of Richmond.

    In August, a special prosecutor determined that Gutierrez should not be criminally charged but should be investigated for potential civil rights violations.

    “Although I find the video very disturbing and frankly unsettling, Gutierrez’s use of force to remove Nazario did not violate state law as he had given multiple commands for Nazario to exit the vehicle,” special prosecutor Anton Bell said in his report.

    U.S. District Judge Roderick C. Young also narrowed the scope of Nazario’s lawsuit. In August, Young ruled that federal immunity laws shield Crocker and Gutierrez from Nazario’s claims that they violated his constitutional protections against excessive force and unreasonable seizure, as well as Nazario’s right to free speech by threatening him with arrest if he complained about their behavior.

    Nazario can present claims under state law of false imprisonment and assault and battery to a jury, the judge ruled. The judge also found Crocker liable for illegally searching for a gun in Nazario’s SUV, leaving the question of damages on that point to a jury. Nazario had a concealed-carry permit for the weapon.

    The jury will also consider whether Gutierrez is liable for the illegal search. The former officer denies he knew Crocker was conducting the search.

    Nazario’s attorneys are expected to present evidence regarding Gutierrez’s professional history, including an unrelated suspension without pay for excessive force.

    That episode happened during a 2019 traffic stop while Gutierrez served as a sheriff’s deputy in Isle of Wight County. Gutierrez drew his weapon on the driver during the two times the man exited his vehicle and held him at gunpoint for nearly four minutes until another officer arrived, according to court filings.

    While trying to handcuff the man, Gutierrez grabbed him by his neck and “forced his face into the pavement while attempting to place him on his stomach,” the findings stated. The man suffered a facial injury that required medical attention.

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  • US may execute its first openly transgender woman

    US may execute its first openly transgender woman

    ST. LOUIS — Unless Missouri Gov. Mike Parson grants clemency, Amber McLaughlin, 49, will become the first openly transgender woman executed in the U.S. She is scheduled to die by injection Tuesday for killing a former girlfriend in 2003.

    McLaughlin’s attorney, Larry Komp, said there are no court appeals pending.

    The clemency request focuses on several issues, including McLaughlin’s traumatic childhood and mental health issues, which the jury never heard in her trial. A foster parent rubbed feces in her face when she was a toddler and her adoptive father used a stun gun on her, according to the clemency petition. It says she suffers from depression and attempted suicide multiple times.

    There is no known case of an openly transgender inmate being executed in the U.S. before, according to the anti-execution Death Penalty Information Center. A friend in prison says she saw McLaughlin’s personality blossom during her gender transition.

    Before transitioning, McLaughlin was in a relationship with girlfriend Beverly Guenther. McLaughlin would show up at the suburban St. Louis office where the 45-year-old Guenther worked, sometimes hiding inside the building, according to court records. Guenther obtained a restraining order, and police officers occasionally escorted her to her car after work.

    Guenther’s neighbors called police the night of Nov. 20, 2003, when she failed to return home. Officers went to the office building, where they found a broken knife handle near her car and a trail of blood. A day later, McLaughlin led police to a location near the Mississippi River in St. Louis, where the body had been dumped.

    McLaughlin was convicted of first-degree murder in 2006. A judge sentenced McLaughlin to death after a jury deadlocked on the sentence. A court in 2016 ordered a new sentencing hearing, but a federal appeals court panel reinstated the death penalty in 2021.

    One person who knew Amber before she transitioned is Jessica Hicklin, 43, who spent 26 years in prison for a drug-related killing in western Missouri in 1995. She was 16. Because of her age when the crime occurred, she was granted release in January 2022.

    Hicklin, 43, began transitioning while in prison and in 2016 sued the Missouri Department of Corrections, challenging a policy that prohibited hormone therapy for inmates who weren’t receiving it before being incarcerated. She won the lawsuit in 2018 and became a mentor to other transgender inmates, including McLaughlin.

    Though imprisoned together for around a decade, Hicklin said McLaughlin was so shy they rarely interacted. But as McLaughlin began transitioning about three years ago, she turned to Hicklin for guidance on issues such as mental health counseling and getting help to ensure her safety inside a male-dominated maximum-security prison.

    “There’s always paperwork and bureaucracy, so I spent time helping her learn to file the right things and talk to the right people,” Hicklin said.

    In the process, a friendship developed.

    “We would sit down once a week and have what I referred to as girl talk,” Hicklin said. “She always had a smile and a dad joke. If you ever talked to her, it was always with the dad jokes.”

    They also discussed the challenges a transgender inmate faces in a male prison — things like how to obtain feminine items, dealing with rude comments, and staying safe.

    McLaughlin still had insecurities, especially about her well-being, Hicklin said.

    “Definitely a vulnerable person,” Hicklin said. “Definitely afraid of being assaulted or victimized, which is more common for trans folks in Department of Corrections.”

    The only woman ever executed in Missouri was Bonnie B. Heady, put to death on Dec. 18, 1953, for kidnapping and killing a 6-year-old boy. Heady was executed in the gas chamber, side by side with the other kidnapper and killer, Carl Austin Hall.

    Nationally, 18 people were executed in 2022, including two in Missouri. Kevin Johnson, 37, was put to death Nov. 29 for the ambush killing of a Kirkwood, Missouri, police officer. Carmen Deck was executed in May for killing James and Zelma Long during a robbery at their home in De Soto, Missouri.

    Another Missouri inmate, Leonard Taylor, is scheduled to die Feb. 7 for killing his girlfriend and her three young children.

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  • Alex Jones’ motion to set aside Sandy Hook verdict denied

    Alex Jones’ motion to set aside Sandy Hook verdict denied

    HARTFORD, Conn. — A Connecticut judge on Thursday denied Infowars host Alex Jones’ motion seeking a new trial and the overturning of a jury verdict requiring him to pay hundreds of millions of dollars to families of victims of the Sandy Hook Elementary School massacre.

    The ruling found the motion was not supported “by any evidence or case law.”

    Chris Mattei, an attorney for the Sandy Hook families, said in a statement that the court “has now affirmed the jury’s historic and just rebuke of Alex Jones.”

    Jones attorney Norm Pattis called it “an expected and disappointing decision” and said they would be heading to the appellate courts.

    For years Jones described the 2021 shootings in Newtown, Connecticut, as a hoax on his Infowars broadcasts.

    In October the jury decided that he must pay victims’ families $965 million in compensatory damages, and a judge later added on another $473 million in punitive damages.

    The Connecticut decision came after a separate jury in Texas awarded the parents of a child killed in the shooting $49 million in damages earlier this year.

    Jones filed for personal bankruptcy earlier this month.

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  • WTO rejects US ‘Made in China’ labeling on Hong Kong goods

    WTO rejects US ‘Made in China’ labeling on Hong Kong goods

    GENEVA — World Trade Organization arbitrators concluded Wednesday that the United States was out of line in requiring that products from Hong Kong be labeled as “Made in China,” a move that was part of Washington’s response to a crackdown on pro-democracy protests there in 2019-2020.

    A WTO dispute panel found the U.S. violated its obligations under the trade body’s rules and rejected Washington’s argument that U.S. “essential security interests” allowed for such labeling. The panel said the situation did not pose an “emergency” that would justify such an exemption under the trade body’s rules.

    The United States or Hong Kong could appeal the ruling to the WTO’s appeals court. However, the Appellate Body is currently inactive because the U.S. has almost single-handedly held up appointments of new members to the court amid concerns it had exceeded its mandate. So any such appeal would go into an arbitration void and remain unsettled.

    The United States Trade Representative’s office indicated it would ignore Wednesday’s ruling anyway.

    “The United States does not intend to remove the marking requirement as a result of this report, and we will not cede our judgment or decision-making over essential security matters to the WTO,” USTR spokesperson Adam Hodge said in a statement.

    Hong Kong, a former British colony, is one of China’s special administrative regions and is considered a separate trading entity from China.

    At a press briefing Thursday, Hong Kong’s commerce minister Algernon Yau said he had written to the USTR urging the U.S. to drop the label requirement.

    The U.S. market only accounts for about 0.1% of Hong Kong’s exports, but the requirement has caused “unnecessary concern” for manufacturers, he said.

    “Even though the financial implication is minimal, it caused a lot of confusion to the customers regarding ‘Made in Hong Kong’ or ‘Made in China,’” he said.

    Three decades ago, the U.S. Congress passed a law allowing products from Hong Kong to benefit from a trading status different from China’s, and potentially lower tariffs, if it remained sufficiently autonomous. By marking products as “Made in China,” the U.S. can ratchet up the tariffs it levies on goods from Hong Kong.

    Mass protests persisted for months in Hong Kong in 2019-2020. They abated after Beijing imposed a National Security Law, using it to silence or jail many pro-democracy activists.

    In July 2020, then-U.S. President Donald Trump issued an executive order saying that Hong Kong was “no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China.”

    ———

    Associated Press writer Kanis Leung in Hong Kong contributed to this report.

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  • Megan Thee Stallion ‘matters,’ says DA at Tory Lanez trial

    Megan Thee Stallion ‘matters,’ says DA at Tory Lanez trial

    LOS ANGELES — A California prosecutor told jurors Wednesday that hip-hop star Megan Thee Stallion would never have subjected herself to the torrent of public abuse she’s received if she wasn’t telling the truth about rapper Tory Lanez shooting her in the feet and wounding her in the summer of 2020.

    Deputy District Attorney Alexander Bott said the jury should believe Megan’s anguish — evident in her testimony last week — and her courage in fighting through it. Jurors should also provide Megan with justice by convicting Lanez, he said, citing the scorn she received online and in parts of the hip-hop community.

    “Why would she lie?” the Los Angeles County DA said. “She’s been subjected to a stream of hate. For what? For coming forward as a victim of domestic violence?”

    In his own closing, Lanez’s defense attorney George Mgdesyan gave jurors what he called a perfectly good reason for Megan to lie: Being victimized by Lanez was a better public story than the embarrassing, potentially career-damaging truth that she was shot by her best friend — not Lanez —in a jealous dispute over him.

    “Megan Pete is a liar. She lied about everything in this case from the beginning,” Mgdesyan said. “She lied under oath here.”

    He said that Lanez actually struggled with Megan’s former friend Kelsey Harris to stop her from shooting, and that a pause heard on an audio recording amid the five shots fired on the night of July 12, 2020 was evidence of that.

    “He was trying to protect her,” Mgdesyan said.

    Mgdesyan mocked Megan’s experience in the years that followed.

    “It’s been so bad for her,” he said. “She’s won Grammys. She’s had number ones on the Billboard charts.

    “You know who it’s been bad for? That man right there,” Mgdesyan said, pointing at Lanez. “He hasn’t been able to work. He’s had to go through this with his family for 2 1/2 years.”

    The Canadian rapper Lanez, 30, whose legal name is Daystar Peterson, has pleaded not guilty to discharging a firearm with gross negligence, assault with a semiautomatic firearm and carrying a loaded, unregistered firearm in a vehicle. The counts could lead to up to 22 years in prison and deportation.

    Bott said Megan’s testimony was in itself sufficient to convict, but it’s supported by layers of other evidence, including the accounts of other eyewitnesses and apologies from Lanez.

    Megan testified that she left a gathering at the Hollywood Hills home of Kylie Jenner in an SUV with Lanez, his bodyguard and Harris. Megan and Harris have since become estranged.

    She said a dispute broke out that led to her insulting Lanez’s music, which made him especially angry. She testified that as she began walking away from the SUV, he fired at her feet and yelled, “dance, b—-!”

    Megan had to have surgery to remove bullet fragments.

    When Harris took the stand, she said she didn’t remember seeing Lanez shooting the gun, and that she only assumed he did when she sent a text minutes later saying “Tory shot Megan” to a man who worked as security for Megan. She denied shooting the gun herself.

    But prosecutors were then allowed to play an interview Harris did with them in September, in which she clearly identified Lanez as the shooter.

    In an email to The Associated Press, Harris’ attorney Daniel Nardoni would not comment on her role, saying he urged her to invoke her 5th Amendment rights on the stand, despite partial immunity provided by prosecutors.

    Mgdesyan asked jurors to weigh the likelihood of violence stemming from insulting someone’s music or a dispute between two women over a man.

    “What’s more likely to lead to a shooting?” he said.

    He told jurors it was clear Megan was lying because she denied being in a dispute of any significance with Harris, despite a defense witness who saw the stopped SUV from his nearby balcony and said he saw the two women in the car violently fighting. The witness, Sean Kelly, also testified that he saw muzzle flashes come from a woman as the shots were fired.

    But prosecutors also used the testimony of the man, who said he saw a small man “firing everywhere.”

    Mgdesyan said Megan had changed over time to say she walked toward the front of the SUV rather than the back, so that it would match her description of Lanez firing at her from over the open car door. He said she invented the “dance, b—-!” line, which no else testified to hearing, to explain why she was looking over her shoulder to see he was doing the shooting.

    The lawyer used the image to joke about his client’s size.

    “He’s 5-foot-2, I don’t know if he can even get over a car to shoot!” Mgdesyan said, bringing a laugh from Lanez, who watched from the defense table in a blue suit and black turtleneck.

    Mgdesyan told the judge earlier in the day that Lanez would not testify. The defense was set to finish its closings on Thursday, with the jury getting the case after the prosecution’s rebuttal.

    Bott ended his presentation Wednesday with a quote from Megan’s testimony, in which she said there have been times that “I wish he would have just shot and killed me.”

    “Megan does matter,” Bott said. “This case matters. Hold him accountable for shooting Megan over nothing more than a bruised ego.”

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton

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  • Former Atlanta officer indicted for murder in 2019 shooting

    Former Atlanta officer indicted for murder in 2019 shooting

    ATLANTA — A Georgia grand jury has indicted a now-retired Atlanta police officer on murder charges after the officer shot and killed a man in 2019 who was hiding in a closet after running away from a fugitive task force.

    Sung Kim was indicted for felony murder, involuntary manslaughter and other charges Friday in the death of Jimmy Atchison, said Jeff DiSantis, a spokesperson for Fulton County District Attorney Fani Willis. A copy of the indictments was not immediately available.

    Atchison’s case has been a top local example for those protesting police violence against Black people in recent years. His name was often chanted by Atlanta protesters during Black Lives Matter protests in the summer of 2020.

    Atchison’s family has repeatedly contended that officials were dragging their feet in presenting the case to a grand jury. Attorney Gerald Griggs said the family was withholding comment on Friday.

    Atchison, 21, was killed on Jan. 22, 2019, after an FBI task force that included Kim tried to arrest him for an armed robbery warrant. Police said Atchison stole a woman’s purse and cell phone — a claim disputed by a witness produced by Atchison’s family.

    Atchison ran away from officers through an apartment complex, entered a different apartment and hid in a closet, according to an earlier report from prosecutors. Kim, a longtime Atlanta officer, found Atchison in the closet after a foot chase and shot him.

    Family members claimed Atchison raised his hands to surrender when he was shot in the face. Kim said Atchison made a threatening move and believed Atchison had a weapon. The man was not armed.

    A report by the Georgia Bureau of Investigation determined Atchison was given conflicting commands, Atchison family attorney Tanya Miller has said. She said one task force member told Atchison to come out with his hands up, while another told him not to move.

    Kim was not wearing a body camera because, at the time, FBI policy prohibited their use by agents and task force members.

    Atchison’s family criticized the previous longtime district attorney, Paul Howard, as well as Willis, who defeated Howard in 2020, for their failure to indict Kim. The Fulton County Public Integrity Unit recommended that the Kim be charged, and Howard had said he was ready to present charges in 2020 until the COVID-19 pandemic shut down court proceedings.

    Lawyers brought a wrongful death suit against the city of Atlanta in 2020 on behalf of Atchison’s two daughters, saying they would seek $20 million.

    Willis pledged to resolve what she described as a backlog of 30 police use-of-force cases by the end of 2022. She has since indicted a number of current and former officers.

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  • Transgender inmate on Missouri’s death row asks for mercy

    Transgender inmate on Missouri’s death row asks for mercy

    COLUMBIA, Mo. — The first openly transgender woman set to be executed in the U.S. is asking Missouri’s governor for mercy, citing mental health issues.

    Lawyers for Amber McLaughlin, now 49, on Monday asked Republican Gov. Mike Parson to spare her.

    McLaughlin was convicted of killing 45-year-old Beverly Guenther on Nov. 20, 2003. Guenther was raped and stabbed to death in St. Louis County.

    There is no known case of an openly transgender inmate being executed in the U.S. before, according to the anti-execution Death Penalty Information Center.

    “It’s wrong when anyone’s executed regardless, but I hope that this is a first that doesn’t occur,” federal public defender Larry Komp said. “Amber has shown great courage in embracing who she is as a transgender woman in spite of the potential for people reacting with hate, so I admire her display of courage.”

    McLaughlin’s lawyers cited her traumatic childhood and mental health issues, which the jury never heard, in the clemency petition. A foster parent rubbed feces in her face when she was a toddler and her adoptive father tased her, according to the letter to Parson. She tried to kill herself multiple times, both as a child and as an adult.

    Parson spokeswoman Kelli Jones said the Governor’s Office is reviewing her request for mercy.

    “These are not decisions that the Governor takes lightly,” Jones said in an email.

    Komp said McLaughlin’s lawyers are scheduled to meet with Parson on Tuesday.

    A judge sentenced McLaughlin to death after a jury was unable to decide on death or life in prison without parole.

    A federal judge in St. Louis ordered a new sentencing hearing in 2016, citing concerns about the effectiveness of McLaughlin’s trial lawyers and faulty jury instructions. But in 2021, a federal appeals court panel reinstated the death penalty.

    McLaughlin’s lawyers also listed the jury’s indecision and McLaughlin’s remorse as reasons Parson should spare her life.

    Missouri has only executed one woman before, state Corrections Department spokeswoman Karen Pojmann said in an email.

    McLaughlin’s lawyers said she previously was rooming with another transgender woman but now is living in isolation leading up to her scheduled execution date.

    Pojmann said 9% of Missouri’s prison population is female, and all capital punishment inmates are imprisoned at Potosi Correctional Center.

    “It is extremely unusual for a woman to commit a capital offense, such as a brutal murder, and even more unusual for a women to, as was the case with McLaughlin, rape and murder a woman,” Pojmann said.

    Missouri executed two men this year. Kevin Johnson, a 37 year old who was convicted of ambushing and killing a St. Louis area police officer he blamed in the death of his younger brother, was put to death last month. Carmen Deck died by injection in May for killing James and Zelma Long during a robbery at their home in De Soto, Missouri, in 1996.

    ———

    Hanna reported from Topeka, Kan.

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  • Today in History: December 9, Charles and Diana’s separation

    Today in History: December 9, Charles and Diana’s separation

    Today in History

    Today is Friday, Dec. 9, the 343rd day of 2022. There are 22 days left in the year.

    Today’s Highlight in History:

    On Dec. 9, 2014, U.S. Senate investigators concluded the United States had brutalized scores of terror suspects with interrogation tactics that turned secret CIA prisons into chambers of suffering and did nothing to make Americans safer after the Sept. 11, 2001 attacks.

    On this date:

    In 1854, Alfred, Lord Tennyson’s famous poem, “The Charge of the Light Brigade,” was published in England.

    In 1911, an explosion inside the Cross Mountain coal mine near Briceville, Tennessee, killed 84 workers. (Five were rescued.)

    In 1917, British forces captured Jerusalem from the Ottoman Turks.

    In 1965, “A Charlie Brown Christmas,” the first animated TV special featuring characters from the “Peanuts” comic strip by Charles M. Schulz, premiered on CBS.

    In 1987, the first Palestinian intefadeh, or uprising, began as riots broke out in Gaza and spread to the West Bank, triggering a strong Israeli response.

    In 1990, Solidarity founder Lech Walesa (lek vah-WEN’-sah) won Poland’s presidential runoff by a landslide.

    In 1992, Britain’s Prince Charles and Princess Diana announced their separation. (The couple’s divorce became final in August 1996.)

    In 2000, the U-S Supreme Court ordered a temporary halt in the Florida vote count on which Al Gore pinned his best hopes of winning the White House.

    In 2006, a fire broke out at a Moscow drug treatment hospital, killing 46 women trapped by barred windows and a locked gate.

    In 2011, the European Union said 26 of its 27 member countries were open to joining a new treaty tying their finances together to solve the euro crisis; Britain remained opposed.

    In 2013, scientists revealed that NASA’s Curiosity rover had uncovered signs of an ancient freshwater lake on Mars.

    In 2020, commercial flights with Boeing 737 Max jetliners resumed for the first time since they were grounded worldwide nearly two years earlier following two deadly accidents; Brazil’s Gol Airlines became the first in the world to return the planes to its active fleet.

    Ten years ago: U.S. special forces rescued an American doctor captured by the Taliban in Afghanistan; a Navy SEAL, Petty Officer 1st Class Nicolas D. Checque, was killed during the rescue of Dr. Dilip Joseph. Same-sex couples in Washington state began exchanging vows just after midnight under a new state law allowing gay marriage. Mexican-American singer Jenni Rivera, 43, and six others were killed in a plane crash in northern Mexico.

    Five years ago: After more than three years of combat operations, Iraq announced that the fight against the Islamic State group was over, and that Iraq’s security forces had driven the extremists from all of the territory they once held. Oklahoma quarterback Baker Mayfield became the sixth Sooner to win college football’s Heisman Trophy.

    One year ago: A jury in Chicago convicted former “Empire” actor Jussie Smollett on charges he staged an anti-gay, racist attack on himself and then lied to Chicago police about it. (Smollett was sentenced to 150 days in jail; he was allowed to go free after six days while he appealed the conviction.) A federal appeals court ruled against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 attack on the Capitol. Starbucks workers at a store in Buffalo, New York, voted to unionize, a first for the 50-year-old coffee retailer in the U.S. A federal jury in Arkansas convicted former reality TV star Josh Duggar of downloading and possessing child pornography. (Duggar would be sentenced to more than 12 years in prison.) Al Unser, one of only four drivers to win the Indianapolis 500 four times, died following years of health issues; he was 82. Provocative Italian filmmaker Lina Wertmueller died in Rome at 93.

    Today’s Birthdays: Actor Dame Judi Dench is 88. Actor Beau Bridges is 81. Football Hall of Famer Dick Butkus is 80. Actor Michael Nouri is 77. Former Sen. Thomas Daschle, D-S.D., is 75. World Golf Hall of Famer Tom Kite is 73. Singer Joan Armatrading is 72. Actor Michael Dorn is 70. Actor John Malkovich is 69. Country singer Sylvia is 66. Singer Donny Osmond is 65. Rock musician Nick Seymour (Crowded House) is 64. Comedian Mario Cantone is 63. Actor David Anthony Higgins is 61. Actor Joe Lando is 61. Actor Felicity Huffman is 60. Empress Masako of Japan is 59. Sen. Kirsten Gillibrand, D-N.Y., is 56. Rock singer-musician Thomas Flowers (Oleander) is 55. Rock musician Brian Bell (Weezer) is 54. Rock singer-musician Jakob Dylan (Wallflowers) is 53. TV personality-businessperson Lori Greiner (TV: “Shark Tank”) is 53. Actor Allison Smith is 53. Songwriter and former “American Idol” judge Kara DioGuardi (dee-oh-GWAHR’-dee) is 52. Country singer David Kersh is 52. Actor Reiko (RAY’-koh) Aylesworth is 50. Rock musician Tre Cool (Green Day) is 50. Rapper Canibus is 48. Actor Kevin Daniels is 46. Actor-writer-director Mark Duplass is 46. Rock singer Imogen Heap is 45. Actor Jesse Metcalfe is 44. Actor Simon Helberg is 42. Actor Jolene Purdy is 39. Actor Joshua Sasse is 35. Actor Ashleigh Brewer is 32. Olympic gold and silver medal gymnast McKayla Maroney is 27. Olympic silver medal gymnast MyKayla Skinner is 26.

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  • Ex-Border Patrol agent convicted of killing 4 women in Texas

    Ex-Border Patrol agent convicted of killing 4 women in Texas

    SAN ANTONIO — A former Border Patrol agent who confessed to killing four sex workers in 2018 was convicted Wednesday of capital murder, after jurors heard recordings of him telling investigators he was trying to “clean up the streets” of his South Texas hometown.

    Juan David Ortiz, 39, receives an automatic sentence of life in prison without the possibility of parole because prosecutors decided not to seek the death penalty.

    Ortiz, a Border Patrol intel supervisor at the time of his arrest, was accused of killing Melissa Ramirez, 29, Claudine Anne Luera, 42, Guiselda Alicia Cantu, 35, and Janelle Ortiz, 28. Their bodies were found along roads on the outskirts of Laredo in September 2018.

    During the trial that began last week, jurors heard Ortiz’s confession during a lengthy taped interview with investigators.

    Ortiz told investigators he had been a customer of most of the women, but he also expressed disdain for sex workers, referring to them as “trash” and “so dirty” and insisting he wanted to “clean up the streets.”

    He said “the monster would come out” as he drove along a stretch of street in Laredo frequented by the women.

    Defense attorneys said Ortiz was improperly induced to make the confession and that it should not be considered. Defense attorney Joel Perez argued that Ortiz, a Navy veteran who had been deployed to Iraq, was suffering from post-traumatic stress disorder, had been suffering from insomnia, nightmares and headaches, and was medicated and had been drinking that night.

    Prosecutors told jurors it was a legal confession provided by an educated senior law enforcement official who was not having a mental breakdown.

    Erika Pena testified that Ortiz picked her up on the evening of Sept. 14, 2018, and that she got a bad feeling when he told her he was the “next to last person” to have sex with Ramirez, whose body had been found a week earlier. She testified that he told her he was worried investigators would find his DNA on the body.

    “It made me think that he was the one who might have been murdering,” Pena, 31, told the jury.

    Pena escaped from his truck at a gas station after he pointed a gun at her, and she ran straight to a state trooper who was refueling his vehicle. Ortiz fled.

    Authorities tracked Ortiz to a hotel parking garage in the early hours of Sept. 15, 2018, and he was arrested.

    Capt. Federico Calderon of the Webb County Sheriff’s Department testified that officers who arrested Ortiz knew about the slayings of Ramirez and Luera, and while chasing him after Pena’s escape learned that a third body — later identified as Cantu’s — had been found. But Calderon said it wasn’t until Ortiz’s confession that they learned Janelle Ortiz had been slain.

    Webb County Medical Examiner Corinne Stern testified that Ramirez, Luera and Janelle Ortiz were fatally shot while Cantu, who was shot in the neck, died of blunt force trauma to the head.

    The bullets collected from the crime scenes came from the same gun, and matched the weapon found in Juan David Ortiz’s pickup, a ballistics expert testified.

    Ortiz served in the U.S. Navy for nearly eight years, until 2009, holding a variety of medical posts and served a three-year detachment with the Marines.

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  • Trump Organization convicted in executive tax dodge scheme

    Trump Organization convicted in executive tax dodge scheme

    NEW YORK — Donald Trump’s company was convicted of tax fraud on Tuesday in a case brought by the Manhattan District Attorney, a significant repudiation of financial practices at the former president’s business.

    The guilty verdict came on the second day of deliberations following a trial in which the Trump Organization was accused of being complicit in a scheme by top executives to avoid paying personal income taxes on job perks such as rent-free apartments and luxury cars.

    The conviction is a validation for New York prosecutors, who have spent three years investigating the former president and his businesses, though the penalties aren’t expected to be severe enough to jeopardize the future of Trump’s company.

    As punishment, the Trump Organization could be fined up to $1.6 million — a relatively small amount for a company of its size, though the conviction might make some of its future deals more complicated.

    Trump, who recently announced he was running for president again, has said the case against his company was part of a politically motivated “witch hunt” waged against him by vindictive Democrats.

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  • Trial to start for Texas cop who shot Black woman in home

    Trial to start for Texas cop who shot Black woman in home

    FORT WORTH, Texas — A white former police officer is set to go on trial Monday for fatally shooting a Black woman through a rear window of her Texas home while responding to a call about an open front door in a case that has faced years of delays.

    Fort Worth Officer Aaron Dean quit and was charged with murder two days after killing 28-year-old Atatiana Jefferson in October 2019. Jefferson had been playing video games with her then-8-year-old nephew, who later told authorities his aunt pulled out a gun after hearing suspicious noises behind the house. Body-camera footage showed Dean didn’t identify himself as police.

    At the time, the case was unusual for the relative speed with which, amid public outrage, the Fort Worth Police Department released the body-camera video and arrested Dean. Since then, his case has been repeatedly postponed amid lawyerly wrangling, the terminal illness of his lead attorney and the COVID-19 pandemic.

    By contrast, former Minneapolis police officer Derek Chauvin went on trial and was convicted of murdering George Floyd more than 1 1/2 years ago. Yet Floyd was killed some seven months after Jefferson, in a case that sparked global protests over racial injustice.

    Dean, who has pleaded not guilty, has been free on $200,000 bond. Now 38, he is charged with killing Jefferson on Oct. 12, 2019, after a neighbor called a non-emergency police line to report that the front door to Jefferson’s home was open.

    Bodycam video showed Dean approaching the door of the home where Jefferson was caring for her nephew. He then walked around the side of the house, pushed through a gate into the fenced-off backyard and fired through the glass a split-second after shouting at Jefferson, who was inside, to show her hands.

    Dean was not heard identifying himself as police on the video and it’s unclear whether he knew Jefferson was armed. That question and the potential testimony of another officer who was there that night are likely to be key points at trial.

    Jefferson was considering a career in medicine and moved into her mother’s home months before the shooting there to help as the older woman’s health declined.

    Her killing shattered trust police had been trying to build with communities of color in Fort Worth, a city of 935,000 about 30 miles (50 kilometers) west of Dallas that has long had complaints of racially unequal policing and excessive force.

    The shooting drew swift rebuke from the city’s then-police chief and Republican mayor, who at the time called the circumstances “truly unthinkable” and said Jefferson having a gun was “irrelevant.”

    Dean’s legal team used those comments in unsuccessful attempts to move the case from Fort Worth, claiming media attention and statements from public officials would bias the jury pool.

    As jury selection was set to start last week, Dean’s defense attorney, Jim Lane, died. After years of delays, District Judge George Gallagher moved forward anyway and, following days of questioning potential jurors, a panel of 12 jurors and two alternates was selected Friday. Eight were men, six women and none of them appeared to be Black.

    The opening day of Dean’s trial is set to end early so participants can attend Lane’s funeral.

    ———

    Follow AP’s complete coverage of the killing of Atatiana Jefferson: https://apnews.com/hub/atatiana-jefferson

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  • Jury awards ex-Maine trooper $300,000 in whistleblower case

    Jury awards ex-Maine trooper $300,000 in whistleblower case

    BANGOR, Maine — A jury in Maine awarded a now-retired state trooper $300,000 Friday after finding that the state police retaliated against him when he raised concerns about the agency’s intelligence gathering work.

    George Loder, 53, filed a whistleblower lawsuit alleging that he was unfairly punished after he went to his superiors with concerns about a state police division that was gathering intelligence on people including power line protesters, gun buyers and employees at a camp for Israeli and Arab teens.

    Loder claimed in the suit that after he spoke up, he was reassigned to a desk job two hours from his home and then improperly denied a transfer. He has since retired.

    In his suit, Loder raised concerns about data gathering by the Maine Intelligence Analysis Center, which shares information it collects with other law enforcement agencies. The lawsuit prompted questions about the center’s work and a legislative effort to eliminate it.

    The Bangor Daily News reported that a jury deliberated for more than five hours before finding that the agency had violated the state whistleblower protection act.

    The state police have defended the data gathering and intelligence work and denied that any retaliation occurred.

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  • Ex-Border Patrol agent accused of killing 4 goes on trial

    Ex-Border Patrol agent accused of killing 4 goes on trial

    SAN ANTONIO — The capital murder trial began Monday of a former U.S. Border Patrol agent who confessed to killing four sex workers in South Texas, telling investigators he wanted to “clean up the streets” of his border hometown.

    If convicted of capital murder, Juan David Ortiz, 39, faces life in prison without parole because prosecutors are not seeking the death penalty.

    At the time of his arrest, Ortiz, a Navy veteran, was a Border Patrol intel supervisor. He was arrested in Laredo on Sept. 15, 2018, after Erika Pena escaped from him and asked a state trooper for help. Ortiz pleaded not guilty Monday to capital murder, aggravated assault with a deadly weapon, unlawful restraint and evading arrest.

    “You will see and you will hear, through his own words, how he took each woman to their last resting place, how he executed them,” Webb County District Attorney Isidro Alaniz told jurors during opening statements. “You will hear in his own words the indifference, the disrespect, the degradation that he has for these people.”

    “You will hear the evidence in this own words: ‘I wanted to clean up the streets,’” Alaniz said, adding that Ortiz in Spanish called the women “dirt.”

    Ortiz is standing trial in San Antonio, in Bexar County, following a defense request to move the trial from Webb County due to extensive media coverage.

    Alaniz also said that during the confession, Ortiz told investigators where to find the body of one of his victims.

    Ortiz’s attorney, Joel Perez, told jurors in opening statements that investigators had jumped to conclusions, and that his client’s confession was “coerced.” He said his client was “broken” and “suicidal” when he made the confession after being questioned for over eight hours. Months earlier, the veteran had been put on “a bunch of psychotic pills” after seeking help when he was unable to sleep and having nightmares, Perez said.

    Ortiz told investigators he’d had blackouts as well, Perez said.

    “This is a defeated man,” Perez said.

    Melissa Ramirez, 29, was killed on Sept. 3, 2018, and 42-year-old Claudine Luera was killed on Sept. 13, 2018.

    On Sept. 14, 2018, Ortiz picked up Pena, who told investigators that Ortiz acted oddly when she brought up Ramirez’s slaying. Pena testified Monday that she took off running when Ortiz pointed a gun at her in a truck at a gas station, and was crying as she approached a state trooper who was refueling his vehicle.

    Ortiz fled and, he later told investigators, picked up and killed his last two victims, 35-year-old Guiselda Alicia Cantu and 28-year-old Janelle Ortiz. Authorities eventually tracked Ortiz to a hotel parking garage where he was arrested.

    Each of his victims was shot in the head and left along rural Laredo-area roads. One died of blunt force trauma after being shot.

    “Through the evidence, we will take you … to those last moments of these women’s lives,” Alaniz told jurors on Monday.

    The Border Patrol placed Ortiz on indefinite, unpaid suspension after his arrest. When asked Monday for an update on his current employment status, a Border Patrol official said the agency doesn’t comment on “pending litigation.”

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  • Grand jury indicts deputies in shooting death of young man

    Grand jury indicts deputies in shooting death of young man

    DENVER — A grand jury has indicted two Colorado sheriff’s deputies in the death of a 22-year-old man who was shot after calling 911 for roadside assistance while experiencing what his mother described as a mental health crisis, according to online court records.

    The indictments of former Clear Creek County Sheriff’s deputies Andrew Buen and Kyle Gould were returned Wednesday, five months after Christian Glass was killed by law enforcement. The case has become a flashpoint amid a national outcry for police reforms focused on crisis intervention and de-escalation.

    Charges against the two deputies include second-degree murder, official misconduct, and criminally negligent homicide, according to the court records, which did not provide further details.

    The records did not list a lawyer for either deputy. A telephone message left at a number believed to be Buen’s was not immediately returned. No telephone listing could be found for Gould.

    A federal judge issued warrants for both Buen and Gould, who face bonds of $50,000 and $2,500 respectively, according a press release from Fifth Judicial District Attorney Heidi McCollum, who empaneled the grand jury.

    Nichole Lentz, spokesperson for the Clear Creek County Sheriff, said in a statement that both officers have been terminated following the indictments.

    The sheriff office’s ongoing internal investigation found “policy and procedural failures,” Lentz said, adding that the office’s initial news release following the shooting “does not reflect the entirety of what happened on that terrible night.”

    Late on June 10, Glass called the police because his car had become stuck on an embankment. Body camera videos show Glass refusing to get out of his car while telling police he is “terrified” and making heart shapes with his hands to officers.

    Officers talked to him to try to persuade him to leave the car. After more than an hour of negotiations, police said Glass was being uncooperative and they broke the passenger window and removed a knife from the vehicle.

    Glass offered to throw two knives out of the window but the video shows officers telling him not to.

    Once the window was shattered, Glass seemed to panic and grabbed a second knife. Police then shot Glass with bean bag rounds and shocked him with a stun gun. The footage shows Glass twisting in his seat and thrusting a knife toward an officer who approaches the rear driver window. Then another officer fired his gun, hitting Glass six times, according to the autopsy report.

    During a September news conference, Glass’s mother, Sally Glass, said her son suffered from depression, had recently been diagnosed with ADHD and was “having a mental health episode” and was “petrified” the night he was killed.

    ———

    Jesse Bedayn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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  • Jury: NCAA not to blame in ex-USC football player’s death

    Jury: NCAA not to blame in ex-USC football player’s death

    LOS ANGELES — A Los Angeles jury on Tuesday rejected a claim by the widow of a former USC player who said the NCAA failed to protect him from repeated head trauma that led to his death.

    Matthew Gee, a linebacker on the 1990 Rose Bowl-winning squad, endured an estimated 6,000 hits that caused permanent brain damage and led to cocaine and alcohol abuse that eventually killed him at age 49, lawyers for his widow alleged.

    The NCAA said it had nothing to do with Gee’s death, which it said was a sudden cardiac arrest brought on by untreated hypertension and acute cocaine toxicity. A lawyer for the governing body of U.S. college sports said Gee suffered from many other health problems not related to , such as liver cirrhosis, that would have eventually killed him.

    The verdict could have broad ramifications for college athletes who blame the NCAA for head injuries.

    Hundreds of wrongful death and personal injury lawsuits have been brought by college players against the NCAA in the past decade, but Gee’s is the first one to reach a jury alleging that hits to the head led to chronic traumatic encephalopathy, a degenerative brain disease known by its acronym, CTE.

    Alana Gee said the college sweethearts had 20 good years of marriage before her husband’s mental health began to deteriorate and he became angry, depressed and impulsive, and began overeating and abusing drugs and alcohol.

    Attorneys for Gee said CTE, which is found in athletes and military veterans who suffered repetitive brain injuries, was an indirect cause of death because head trauma has been shown to promote substance abuse.

    The NCAA said the case hinged on what it knew at the time Gee played, from 1988-92, and not about CTE, which was first discovered in the brain of a deceased NFL player in 2005.

    Gee never reported having a concussion and said in an application to play with the Raiders after graduating that he had never been knocked unconscious, NCAA attorney Will Stute said.

    “You can’t hold the NCAA responsible for something 40 years later that nobody ever reported,” Stute said in his closing argument. “The plaintiffs want you in a time travel machine. We don’t have one … at the NCAA. It’s not fair.”

    Attorneys for Gee’s family said there was no doubt that Matt Gee suffered concussions and countless sub-concussive blows.

    Mike Salmon, a teammate who went on to play in the NFL, testified that Gee, who was team captain his senior year, once was so dazed from a hit that he couldn’t call the next play.

    Gee was one of five linebackers on the 1989 Trojans squad who died before turning 50. All displayed signs of mental deterioration associated with head trauma.

    As with teammate and NFL star Junior Seau, who killed himself in 2012, Gee’s brain was examined posthumously at Boston University’s Chronic Traumatic Encephalopathy Center and found to have CTE.

    Jurors were not allowed to hear testimony about Gee’s deceased teammates.

    Gee’s lawyers said the NCAA, which was founded in 1906 for athlete safety, had known about impacts from head injuries since the 1930s but failed to educate players, ban headfirst contact, or implement baseline testing for concussion symptoms.

    Attorneys had asked jurors to award Alana Gee $55 million to compensate for her loss.

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  • Iowa jury gives $27 million verdict in misdiagnosed flu case

    Iowa jury gives $27 million verdict in misdiagnosed flu case

    A jury has returned a $27 million verdict against a central Iowa medical clinic after a man with bacterial meningitis was misdiagnosed with the flu, suffered strokes and said he has been permanently injured

    DES MOINES, Iowa — An Iowa jury has returned a $27 million verdict against a Des Moines medical clinic after a man with bacterial meningitis was misdiagnosed with the flu, suffered strokes and said he has been permanently injured.

    The Polk County jury returned the verdict Monday in the lawsuit filed in 2017 against UnityPoint Clinic Family Medicine in Des Moines.

    Joseph Dudley and his wife Sarah Dudley filed the lawsuit after Joseph became ill in February 2017 and went to the clinic in southeast Des Moines. They reported he had dizziness, delusions, a headache, high fever and a cough.

    A physician’s assistant in charge of the clinic at the time diagnosed him with the flu although tests returned negative, said Dudley’s lawyer Nick Rowley. Dudley was given Tamiflu and a pain reliever and sent home.

    Two days later he went to the emergency room at UnityPoint Iowa Methodist Medical Center, where a doctor diagnosed the bacterial meningitis resulting from a heart valve infection. Dudley was put into a medically induced coma and was in intensive care for eight days during which he had a series of strokes causing the loss of hearing in his right ear, vertigo and dizziness, numb feet and legs, and much slower thinking and reaction time, Rowley said.

    “Mr. Dudley will suffer from a lifetime of permanent brain damage because they failed to perform a simple blood test, a complete blood count,” said Rowley, founder of Trial Lawyers for Justice.

    West Des Moines, Iowa-based UnityPoint Health has 400 clinics, 20 regional hospitals and 19 community network hospitals in Iowa, Illinois and Wisconsin.

    UnityPoint Health spokesman Mark Tauscheck said the company believes it met well-established standards of care.

    “We respect the jury process but strongly disagree with this verdict and are exploring all options including an appeal,” he said.

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  • Alabama execution set in murder-for-hire of preacher’s wife

    Alabama execution set in murder-for-hire of preacher’s wife

    MONTGOMERY, Ala. — Alabama is preparing to execute a man convicted in the 1988 murder-for-hire slaying of a preacher’s wife, even though a jury recommended he receive life imprisonment instead of a death sentence.

    Kenneth Eugene Smith, 57, is scheduled to receive a lethal injection at a south Alabama prison on Thursday evening. Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance.

    Elizabeth Sennett was found dead on March 18, 1988, in the couple’s home on Coon Dog Cemetery Road in Alabama’s Colbert County. The coroner testified that the 45-year-old woman had been stabbed eight times in the chest and once on each side of the neck. Her husband, Charles Sennett Sr, who was the pastor of the Westside Church of Christ in Sheffield, killed himself one week after his wife’s death when the murder investigation started to focus on him as a suspect, according to court documents.

    Smith’s final appeals focused on the state’s difficulties with intravenous lines at the last two scheduled lethal injections. One execution was carried out after a delay, and the other was called off as the state faced a midnight deadline to get the execution underway. Smith’s attorneys also raised the issue that judges are no longer allowed to sentence an inmate to death if a jury recommends a life sentence.

    John Forrest Parker, the other man convicted in the slaying, was executed in 2010. “I’m sorry. I don’t ever expect you to forgive me. I really am sorry,” Parker said to the victim’s sons before he was put to death.

    According to appellate court documents, Smith told police in a statement that it was, “agreed for John and I to do the murder” but that he just took items from the house to make it look like a burglary. Smith’s defense at trial said he agreed to beat up Elizabeth Sennett but that he did not intend to kill her, according to court documents.

    The U.S. Supreme Court on Wednesday denied Smith’s request to review the constitutionality of his death sentence.

    Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death.

    In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith.

    The Equal Justice Initiative, an Alabama-based nonprofit that advocates for inmates, said that Smith stands to become the first state prisoner sentenced by judicial override to be executed since the practice was abolished.

    Smith filed a lawsuit against the state seeking to block his upcoming execution because of reported problems at recent lethal injections. Smith’s attorneys pointed to a July execution of Joe Nathan James Jr., which an anti-death penalty group claimed was botched. The state disputed those claims. A federal judge dismissed Smith’s l awsuit last month, but also cautioned prison officials to strictly follow established protocol when carrying out Thursday’s execution plan.

    In September, the state called off the scheduled execution of inmate Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for over an hour and at one point, they left him hanging vertically on a gurney before announcing they were stopping for the night. Prison officials said they stopped because they were facing a midnight deadline to get the execution underway.

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  • Jury orders Filmmaker Paul Haggis to pay $7.5M in rape suit

    Jury orders Filmmaker Paul Haggis to pay $7.5M in rape suit

    NEW YORK — A jury ordered Academy Award-winning filmmaker Paul Haggis Thursday to pay at least $7.5 million to a woman who accused him of rape in one of several #MeToo-era cases that have put Hollywood notables’ behavior on trial this fall. Jurors also plan to award additional punitive damages.

    Veering from sex to red-carpet socializing to Scientology, the civil court trial pitted Haggis, known for writing best picture Oscar winners “Million Dollar Baby” and “Crash,” against Haleigh Breest, a publicist who met him while working at movie premieres in the early 2010s.

    After hugging her lawyers, Breest said she was “very grateful” for the verdict as she left court. In a statement released later, she said she was thankful “that the jury chose to follow the facts — and believed me.”

    Haggis said he was “very disappointed in the results.”

    “I’m going to continue to, with my team, fight to clear my name,” he said as he left the courthouse with his three adult daughters. One had wept on a sister’s shoulder as the verdict was delivered.

    After a screening afterparty in January 2013, Haggis offered Breest a lift home and invited her to his New York apartment for a drink.

    Breest, 36, said Haggis then subjected her to unwanted advances and ultimately compelled her to perform oral sex and raped her despite her entreaties to stop. Haggis, 69, said the publicist was flirtatious and, while sometimes seeming “conflicted,” initiated kisses and oral sex in an entirely consensual interaction. He said he couldn’t recall whether they had intercourse.

    After a day of deliberating, jurors sided with Breest, who said she suffered psychological and professional consequences from her encounter with Haggis. She sued in late 2017.

    While awarding her $7.5 million to compensate for suffering, the jury concluded that punitive damages should also be awarded. Jurors return Monday for more court proceedings to help them decide that amount.

    The verdict came weeks after another civil jury, in the federal courthouse next door, decided that Kevin Spacey didn’t sexually abuse fellow actor and then-teenager Anthony Rapp in 1986. Meanwhile, “That ’70s Show” actor Danny Masterson and former movie magnate Harvey Weinstein are on trial, separately, on criminal rape charges in Los Angeles. Both deny the allegations, and Weinstein is appealing a conviction in New York.

    All four cases followed the #MeToo upwelling of denunciations, disclosures and demands for accountability about sexual misconduct, triggered by October 2017 news reports on decades of allegations about Weinstein.

    Breest, in particular, said she decided to sue Haggis because his public condemnations of Weinstein infuriated her.

    Four other women also testified that they experienced forceful, unwelcome passes — and in one case, rape — by Haggis in separate encounters going back to 1996. None of the four took legal action.

    The Associated Press generally does not identify people who say they have been sexually assaulted unless they come forward publicly, as Breest has done.

    Haggis denied all of the allegations. His defense, meanwhile, introduced jurors to several women — including ex-wife and former longtime “Dallas” cast member Deborah Rennard — who said the screenwriter-director took it in stride when they rebuffed his romantic or sexual overtures.

    During three weeks of testimony, the trial scrutinized text messages that Breest sent to friends about what happened with Haggis, emails between them before and after the night in question, and some differences between their testimony and what they said in early court papers.

    The two sides debated whether Haggis was physically capable of carrying out the alleged attack eight weeks after a spinal surgery. Psychology experts offered dueling perspectives about what one called widespread misconceptions about rape victims’ behavior, such as assumptions that victims would have no subsequent contact with their attackers.

    And jurors heard extensive testimony about the Church of Scientology, the religion founded by science fiction and fantasy author L. Ron Hubbard in the 1950s. Haggis was an adherent for decades before publicly renouncing, and denouncing, Scientology in 2009.

    Through testimony from Haggis and other ex-members, his defense argued that the church set out to discredit him and might have had something to do with the lawsuit.

    No witnesses said they knew that Haggis’ accusers or Breest’s lawyers had Scientology ties, and his lawyers acknowledged that Breest herself does not. Still, Haggis lawyer Priya Chaudhry sought to persuade jurors that there were “the footprints, though maybe not the fingerprints, of Scientology’s involvement here.”

    The church said in a statement that it has no involvement in the matter, arguing that Haggis is trying to shame his accusers with an “absurd and patently false” claim. Breest’s lawyers, Ilann Maazal and Zoe Salzman, have called it “a shameful and unsupported conspiracy theory.”

    The Canadian-born Haggis penned episodes of such well-known series as “Diff’rent Strokes” and “Thirtysomething” in the 1980s. He broke into movies with a splash with “Million Dollar Baby” and “Crash,” which he also directed and co-produced. Each film won the Academy Award for best picture, for 2004 and 2005 respectively, and Haggis also won a screenwriting Oscar for “Crash.”

    His other credits include the screenplays for the James Bond movies “Casino Royale” and “Quantum of Solace.”

    ———

    Associated Press journalist Ted Shaffrey contributed.

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  • Jury: Filmmaker Paul Haggis liable for $7.5M in rape suit

    Jury: Filmmaker Paul Haggis liable for $7.5M in rape suit

    NEW YORK — A jury ordered Academy Award-winning filmmaker Paul Haggis Thursday to pay at least $7.5 million to a woman who accused him of rape in one of several #MeToo-era cases that have put Hollywood notables’ behavior on trial this fall. The jury also plans to award additional punitive damages.

    Veering from sex to red-carpet socializing to Scientology, the civil court trial pitted Haggis, known for writing best picture Oscar winners “Million Dollar Baby” and “Crash,” against Haleigh Breest, a publicist who met him while working at movie premieres in the early 2010s. After a screening afterparty in January 2013, he offered her a lift home and invited her to his New York apartment for a drink.

    After hugging her lawyers, Breest said she was “very grateful” for the verdict as she left court. Haggis declined to comment.

    He sat stock-still as the verdict was read, then turned to look at his three adult daughters in the courtroom audience. One had been crying on a sister’s shoulder.

    Breest, 36, said Haggis then subjected her to unwanted advances and ultimately compelled her to perform oral sex and raped her despite her entreaties to stop. Haggis, 69, said the publicist was flirtatious and, while sometimes seeming “conflicted,” initiated kisses and oral sex in an entirely consensual interaction. He said he couldn’t recall whether they had intercourse.

    Jurors sided with Breest, who said she suffered psychological and professional consequences from her encounter with Haggis. She sued in late 2017.

    “I thought I was getting a ride home. I agreed to have a drink. What happened never should have happened. And it had nothing to do with me, and everything to do with him and his actions,” she told jurors last month.

    While awarding her $7.5 million to compensate for suffering, the jury concluded that punitive damages should also be awarded. Jurors return Monday for more court proceedings to help them decide that amount.

    The verdict came weeks after another civil jury, in the federal courthouse next door, decided that Kevin Spacey didn’t sexually abuse fellow actor and then-teenager Anthony Rapp in 1986. Meanwhile, “That ’70s Show” actor Danny Masterson and former movie magnate Harvey Weinstein are on trial, separately, on criminal rape charges in Los Angeles. Both deny the allegations, and Weinstein is appealing a conviction in New York.

    All four cases followed the #MeToo upwelling of denunciations, disclosures and demands for accountability about sexual misconduct, triggered by October 2017 news reports on decades of allegations about Weinstein.

    Breest, in particular, said she decided to sue Haggis because his public condemnations of Weinstein infuriated her: “This man raped me, and he is presenting himself as a champion of women to the world,” she recalled thinking.

    Four other women also testified that they experienced forceful, unwelcome passes — and in one case, rape — by Haggis in separate encounters going back to 1996. None of the four took legal action.

    “The behavior showed me that he was somebody who was never going to stop,” one woman testified, saying that Haggis repeatedly tried to kiss her against her will and even followed her into and out of a taxi to her apartment in Toronto in 2015. His lawyers sought to assail the accusers’ credibility.

    The Associated Press generally does not identify people who say they have been sexually assaulted unless they come forward publicly, as Breest has done.

    Haggis denied all of the allegations. He told jurors the accusations left him shaken.

    “I’m scared because I don’t know why women, why anyone, would lie about things like this,” he said. His defense, meanwhile, introduced jurors to several women — including ex-wife and former longtime “Dallas” cast member Deborah Rennard — who said the screenwriter-director took it in stride when they rebuffed his romantic or sexual overtures.

    During three weeks of testimony, the trial scrutinized text messages that Breest sent to friends about what happened with Haggis, emails between them before and after the night in question, and some differences between their testimony and what they said in early court papers.

    The two sides debated whether Haggis was physically capable of carrying out the alleged attack eight weeks after a spinal surgery. Psychology experts offered dueling perspectives about what one called widespread misconceptions about rape victims’ behavior, such as assumptions that victims would have no subsequent contact with their attackers.

    And jurors heard extensive testimony about the Church of Scientology, the religion founded by science fiction and fantasy author L. Ron Hubbard in the 1950s. Haggis was an adherent for decades before publicly renouncing, and denouncing, Scientology in 2009.

    Through testimony from Haggis and other ex-members, his defense argued that the church set out to discredit him and might have had something to do with the lawsuit.

    No witnesses said they knew that Haggis’ accusers or Breest’s lawyers had Scientology ties, and his lawyers acknowledged that Breest herself does not. Still, Haggis lawyer Priya Chaudhry sought to persuade jurors that there were “the footprints, though maybe not the fingerprints, of Scientology’s involvement here.”

    The church said in a statement that it has no involvement in the matter, arguing that Haggis is trying to shame his accusers with an “absurd and patently false” claim. Breest’s lawyers have called it “a shameful and unsupported conspiracy theory.”

    The Canadian-born Haggis got his start as a TV writer, eventually penning episodes of such well-known 1980s series as “Diff’rent Strokes” and “Thirtysomething.” He broke into movies with a splash with “Million Dollar Baby” and “Crash,” which he also directed and co-produced. Each film won the Academy Award for best picture, for 2004 and 2005 respectively, and Haggis also won a screenwriting Oscar for “Crash.”

    His other credits include the Oscar-nominated screenplay for “Letters From Iwo Jima” and the screenplays for the James Bond movies “Casino Royale” and “Quantum of Solace.”

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