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Tag: Legal proceedings

  • Trump deposed in defamation suit filed by E. Jean Carroll

    Trump deposed in defamation suit filed by E. Jean Carroll

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    NEW YORK — Former President Donald Trump answered questions under oath Wednesday in a lawsuit filed by E. Jean Carroll, a magazine columnist who says he raped her in the mid-1990s in a department store dressing room.

    The deposition gave Carroll’s lawyers a chance to interrogate Trump about the assault allegations, as well as statements he made in 2019 when she told her story publicly for the first time.

    Details on how the deposition went weren’t immediately disclosed.

    “We’re pleased that on behalf of our client, E. Jean Carroll, we were able to take Donald Trump’s deposition today. We are not able to comment further,” the law firm representing her, Kaplan Hecker & Fink, said in a statement.

    Trump has said Carroll’s rape allegation is “a hoax and a lie.”

    His legal team worked for years to delay his deposition in the lawsuit, which was filed when the Republican was still president. A federal judge last week rejected Trump’s request for another delay, saying he couldn’t “run the clock out on plaintiff’s attempt to gain a remedy for what allegedly was a serious wrong.”

    Alina Habba, an attorney representing Trump, said Wednesday, “My client was pleased to set the record straight today. This case is nothing more than a political ploy like many others in the long list of witch hunts against Donald Trump.”

    Carroll was to have been questioned by Trump’s lawyers last Friday. Neither her attorneys nor Trump’s have responded to questions about how that deposition went.

    The lawyers also haven’t disclosed whether Trump’s deposition was done in person or remotely, over video. Trump was in Florida on Wednesday. The lawsuit is being handled in a court in New York City.

    Anything Trump said during his deposition could potentially be used as evidence in an upcoming civil trial. He hasn’t faced any criminal charges related to Carroll’s allegations, and any prosecution is unlikely. The deadline for criminal charges over alleged sexual assaults that occurred in the 1990s has long expired.

    Similar legal deadlines also applied to civil lawsuits claiming sexual assault. As a result, Carroll chose to sue Trump for defamation over comments he made in 2019 when he denied any wrongdoing. She maintains that her reputation was damaged by his denials and attacks on her credibility and character.

    However, New York lawmakers recently gave people a one-year window to take old sexual assault claims to civil courts. Carroll’s lawyer has told the court she intends to file such a suit against Trump after that window opens in late November.

    According to Carroll’s account, she bumped into Trump as the two were shopping at the Bergdorf Goodman store across Fifth Avenue from Trump Tower. At the time, Carroll was on television as the host of an advice program, “Ask E. Jean.”

    She said the two engaged in friendly banter as she tried to help him pick out a gift. But when they were briefly alone in a dressing room, she said he pulled down her tights and raped her.

    In a recent statement, Trump called that story “a complete con job.”

    “I don’t know this woman, have no idea who she is, other than it seems she got a picture of me many years ago, with her husband, shaking my hand on a reception line at a celebrity charity event,” Trump said.

    ———

    Associated Press writers Jill Colvin and Michael R. Sisak contributed.

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  • Arizona death row inmate seeks forensic tests in 1980 deaths

    Arizona death row inmate seeks forensic tests in 1980 deaths

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    PHOENIX — A judge is mulling an Arizona death row prisoner’s request to have fingerprint and DNA tests conducted on evidence from the two 1980 killings for which he is scheduled to be executed next month.

    A lawyer for Murray Hooper said at a hearing Wednesday that her client is innocent, that no physical evidence ties him to the killings and that forensic testing could lead to the identification of those responsible. Kelly Culshaw, Hooper’s attorney, also raised questions about the benefits received by witnesses who testified against her client, including favorable treatment in other criminal cases.

    “Forensic evidence would have made a difference in this case,” Culshaw said.

    Hooper was convicted before computerized fingerprint systems and DNA testing were available in criminal cases, according to his legal team.

    Prosecutors say that even if someone else’s prints or DNA were found, that wouldn’t overcome the overwhelming evidence against Hooper.

    Hooper is scheduled to be executed by lethal injection or lethal gas at a prison in Florence, Arizona, on Nov. 16 for the killings of William “Pat” Redmond and his mother-in-law, Helen Phelps, at Redmond’s home in Phoenix on Dec. 31, 1980. Redmond’s wife, Marilyn, was shot in the head but recovered.

    Lawyers for Hooper say Marilyn Redmond’s description of the assailants changed several times before she identified their client, who claimed not to be in Arizona at the time.

    Superior Court Judge Jennifer Green, who hasn’t yet issued a ruling on the forensic testing request, pointed out that a federal appeals court characterized the evidence implicating Hooper as overwhelming.

    Asked about the criticism that some witnesses had an incentive to lie, prosecutor Jeffrey Sparks said jurors at Hooper’s trial and appeals courts considered those claims and concluded there was no chance that would have changed the verdict.

    Two other men, William Bracy and Edward McCall, were convicted in the killings but died before their death sentences could be carried out.

    Authorities say Robert Cruz, who was alleged to have had ties to organized crime, hired Hooper, Bracy and McCall to kill Pat Redmond, who co-owned a printing business. They said Cruz wanted to take over the business and was unhappy that Redmond had rejected his offers to enter several printing contracts with Las Vegas hotels, according to court records. In 1995, Cruz was acquitted of murder charges in both deaths.

    Hooper would be the third prisoner put to death this year after Arizona resumed carrying out executions in May, following a nearly eight-year hiatus attributed to both the difficulty of obtaining lethal injection drugs and criticism that a 2014 execution was botched.

    There are 111 prisoners on Arizona’s death row, and 22 have exhausted their appeals, according to the Arizona Attorney General’s Office.

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  • 3 murder verdicts vacated in case investigated by killer cop

    3 murder verdicts vacated in case investigated by killer cop

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    NEW ORLEANS — Three men imprisoned since the 1990s for a fatal New Orleans drive-by shooting were ordered freed Wednesday, with prosecutors citing the role of two notoriously corrupt police officers — including one awaiting a federal death sentence — among the reasons the convictions had to be thrown out.

    Kunta Gable and Leroy Nelson were 17 when they were arrested soon after the Aug. 22, 1994, death of Rondell Santinac at the Desire housing development. Bernell Juluke, arrested with them, was 18. The men were ordered freed Wednesday by a state judge who vacated their convictions on a joint motion by defense lawyers and District Attorney Jason Williams’ Civil Rights Division.

    The motion outlines multiple problems with the original case. It says the state failed to disclose evidence undermining the claims of the only eyewitness to the crime, Samuel Raiford. And, it notes, the jury didn’t know that officers Len Davis and Sammie Williams — the first officers on the scene, according to the motion — were known to cover up the identity of perpetrators and manipulate evidence at Desire murder scenes to cover up for drug dealers they protected.

    “There is extensive documented evidence that while operating under color of law he engaged in illegal drug trafficking, framed individuals who got in his way, and even went so far as to order the murder of a private citizen who dared to report his systematic abuses,” Jason Williams said in a statement Wednesday afternoon.

    Davis would eventually be convicted for arranging the death of a woman who filed a complaint against him in an unrelated matter.

    The motion notes that Raiford did not initially describe three suspects and “the first time three perpetrators were mentioned by anyone is by Len Davis after the three defendants were pulled over …”

    The 24-page motion also notes the teens were arrested a short time after the crime with no signs of guns or shell casings in their car.

    “We are very grateful to the Court, DA Williams, and the Civil Rights Division for their work in correcting this grave injustice,” Juluke’s attorney Michael Admirand, said in an emailed statement. “Mr. Juluke maintained his innocence from the moment of his wrongful arrest. I am relieved that he has finally been vindicated, if disheartened that it took so long.”

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  • Sex offender gets life for killing teen during 2009 vacation

    Sex offender gets life for killing teen during 2009 vacation

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    A man was sentenced to life in prison Wednesday after confessing to the 2009 killing of a 17-year-old girl who disappeared while on a beach vacation in South Carolina.

    Raymond Moody led police to Brittanee Drexel’s body in May after advances in technology helped investigators determine that the teen’s cellphone was in Moody’s vehicle the night she disappeared while walking alone along the Myrtle Beach waterfront.

    Drexel, a high school student from upstate New York, had been celebrating spring break with friends.

    Moody, 62, confessed to her killing, saying he’d offered marijuana to Drexel and that she voluntarily went to his campsite 35 miles (56 kilometers) away in Georgetown County. After his girlfriend left, Moody said he tried to have sex with Drexel, who refused.

    Moody said he then strangled Drexel because he realized he would go back to prison as a convicted sex offender — he had previously been convicted of raping an 8-year-old girl in California.

    “I was a monster. I was a monster then and I was a monster when I took Brittanee Drexel’s life,” Moody said in a Georgetown County courthouse after pleading guilty Wednesday to murder, kidnapping and rape for the teen’s killing.

    Drexel was always texting and her boyfriend, who stayed home near Rochester, New York, began looking for her within 15 minutes of her disappearance in April 2009, prosecutor Scott Hixon said.

    That search went on for more than a decade. Drexel’s family repeatedly came to Myrtle Beach to keep attention on the missing teen. There were candlelight vigils and police sifted through hundreds of false tips as the case captured the attention of the true-crime community.

    Among those tips were rumored links to other missing women and wild allegations of stash houses in which sexual abuse victims’ bodies were being fed to alligators.

    “Some were excruciatingly sickening in detail on what some person claimed they did. Law enforcement had to spend a significant amount of time disproving what I would call crackpot, really breathtaking claims,” Hixon said.

    Moody’s girlfriend came to police in 2011 and said she was abused. She knew Moody served 20 years of a 40-year prison sentence for raping a child in California and said she no longer believed Moody’s story that friends picked up Drexel while she was gone.

    Investigators searched where Moody was staying and questioned him, but couldn’t gather enough evidence to charge them.

    Then, in 2019, investigators decided to restart their investigation and take a new look at the evidence. Notably, advances in technology allowed police to pinpoint within a minute when Drexel’s cellphone went from moving at a walking pace to fast enough to be in a vehicle.

    Initially, investigators had tried to sort through dozens of vehicles seen on a surveillance camera around the time the teen disappeared. More than 10 years later, now knowing the exact time Drexel got into a vehicle, they were able to pinpoint it to an SUV owned by Moody.

    When authorities returned to question Moody, this time he confessed, telling investigators he had buried her body in a wooded area in Georgetown County, about 35 miles (56 kilometers) down the coast from where she disappeared.

    Hixon said investigators could only go by his version of events and will never know if Drexel got into Moody’s SUV on her own or was forced inside. Hixon also said that because the teen’s body wasn’t found for 13 years, they can’t know if she was strangled or killed some other way or whether Moody abused her in other ways.

    Drexel’s family joined prosecutors in asking for the life sentence. They said she was a loving teen, who played soccer, liked fashion and was like a mother for her younger siblings.

    Dawn Drexel wore her daughter’s ashes in a necklace around her neck and told Moody he was a serial child predator who should be especially ashamed since he had three daughters.

    Drexel’s mother said she was proud her daughter fought back, scratching Moody on his head, neck and face before she died.

    “I hope you suffer in prison for the rest of your useless life,” Dawn Drexel said.

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  • Justice: Hotel sued for denying rooms to Native Americans

    Justice: Hotel sued for denying rooms to Native Americans

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    SIOUX FALLS, S.D. — The U.S. Department of Justice sued the owners of a Rapid City, South Dakota hotel on Wednesday, alleging that they violated the civil rights of Native Americans by trying to ban them from the property.

    The Justice Department alleges that on at least two occasions in March, Connie Uhre and her son Nicholas Uhre committed racial discrimination by turning away Native Americans who sought to book a room at the Grand Gateway Hotel.

    Connie Uhre had also told other Rapid City hotel owners and managers that she did not want Native American customers there or in the hotel’s bar, the Cheers Sports Lounge and Casino. A post on her Facebook account said she cannot “allow a Native American to enter our business including Cheers.”

    Uhre’s comments and actions, which followed a fatal shooting involving two teenagers at the hotel, sparked large protests in Rapid City and condemnation from the city’s mayor, Steve Allender.

    Rapid City, known to many as the gateway to Mount Rushmore, is home to more than 77,000 people. According to the U.S. Census Bureau, at least 11% of its residents identify as American Indian or Alaska Native. The city has long seen racial tensions.

    Nicholas Uhre said he and his mother had been under pressure from the Justice Department to enter a consent decree settling the matter, but there were “sticking points” in the negotiation. “I guess they are going to do what they are going to do,” he said.

    The Justice Department sued under a section of the 1964 Civil Rights Act that permits a judge to order changes to policies and practices at hotels and other venues, but does not allow the department to obtain monetary damages for customers who are victims of discrimination.

    “Restricting access to a hotel based on a person’s race is prohibited by federal law,” U.S. Attorney for South Dakota Alison J. Ramsdell said in a statement.

    The hotel owners have also been embroiled in separate lawsuits from the NDN Collective seeking monetary damages for the hotel’s policy, a counter-suit against the Indigenous activist organization, and another lawsuit from Connie’s son Judson Uhre, who said she harmed the family business when she “made a racially charged rant which was posted on a website with wide coverage and this led to financial loss of clients for the hotel as well as the damage to the hotel’s reputation.”

    Nick Tilsen, the president of NDN Collective, credited the protests for prompting the federal civil rights suit, and said Rapid City’s problems with racism persist beyond the hotel.

    “Let this be a warning to the city of Rapid City,” Tilsen said. “If they want to go after Indigenous people’s rights, we’re going to force institutions like the Department of Justice to hold people accountable.”

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  • Ex-Suns ticket executive gets 1 year in jail in fraud scheme

    Ex-Suns ticket executive gets 1 year in jail in fraud scheme

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    PHOENIX — A former Phoenix Suns ticket office executive has been sentenced to one year in jail and three years of supervised probation in connection with a fraud scheme.

    The Arizona Attorney General’s Office said Jeffrey Allen Marcussen used his position with the team to sell unused Suns tickets on a third-party vendor site for his own profit.

    Marcussen, who worked for the NBA team for more than 15 years before his resignation, was found guilty of selling tickets for his own profit between August 2017 and February 2019.

    He was charged with one count of fraud schemes and artifices, one count of theft and two counts of false return in September 2020 and pleaded guilty in the case six months ago.

    Authorities said Marcussen received more than $458,000 from the tickets that were sold.

    They said he has fully repaid the Suns and paid the nearly $12,000 owed to the Arizona Department of Revenue for his 2017 and 2018 taxes.

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  • Case vs. Paul Haggis joins month of Hollywood #MeToo trials

    Case vs. Paul Haggis joins month of Hollywood #MeToo trials

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    NEW YORK — Jurors got their first look Wednesday at a lawsuit that pits Oscar-winning moviemaker Paul Haggis against a publicist who alleges that he raped her, the latest in a lineup of #MeToo-era trials involving Hollywood figures this fall.

    Opening statements in the civil case against Haggis began Wednesday in a New York state court. The federal court next door is housing a trial in a lawsuit accusing Oscar-winning actor Kevin Spacey of sexual assault. In Los Angeles, former film mogul Harvey Weinstein and “That ’70s Show” actor Danny Masterson are fighting criminal rape charges at separate trials down the hall from each other (Weinstein is already serving a 23-year sentence on a New York conviction). All of the men deny the allegations.

    The confluence of trials is a coincidence, but it makes for something of a #MeToo moment five years after allegations against Weinstein triggered a dam break of sexual misconduct accusations in Hollywood and beyond and catalyzed an ongoing movement to demand accountability.

    “We’re still very early on in this time of reckoning,” said Debra Katz, a Washington-based lawyer who has represented many sexual assault accusers. She isn’t involved in any of the four trials.

    In an unusual turn, both Haggis’ case and Masterson’s also have become forums for scrutinizing the Church of Scientology, though from different perspectives.

    In the case against Haggis, publicist Haleigh Breest claims that the “Crash” and “Million Dollar Baby” screenwriter forced her to perform oral sex and raped her after she reluctantly agreed to a drink in his apartment after a 2013 movie premiere. Haggis maintains that the encounter was consensual.

    Breest never went to police, but soon after the encounter, she gave friends an account of what happened, sending text messages that both her lawyers and Haggis’ attorneys say bolster their case.

    “He was so rough and aggressive. Never, ever again … And I kept saying no,” read one text that her lawyer Zoe Salzman highlighted in her opening statement. She said the encounter shattered Breest emotionally, but that she didn’t go public until after the allegations against Weinstein burst into view in 2017 and Haggis condemned him.

    “The hypocrisy of it made her blood boil,” Salzman said.

    Haggis attorney Priya Chaudhry pointed jurors to other parts of the same text exchange, saying that Breest added “lol” — for “laughing out loud” — when she mentioned performing oral sex, and that she said she wanted to be alone with Haggis again to “see what happens.”

    “I don’t care too much. I just hope I don’t now have enemies” professionally, she wrote, according to Chaudhry. She argued that Breest falsely accused the filmmaker of rape to get a payout.

    “Paul Haggis is relieved that he finally gets his day in court,” Chaudhry said.

    Only Breest is suing Haggis, but jurors will also hear from four other women who told her lawyers that Haggis sexually assaulted them, or attempted to do so, in separate encounters between 1996 and 2015. The jury won’t hear, however, that Italian authorities this summer investigated a sexual assault allegation against him, which he denied.

    “Mr. Haggis used his storytelling skills and his fame to prey on, to manipulate and to attack vulnerable young women in the film industry,” Salzman told jurors. “He doesn’t stop when women say no.”

    Haggis’ attorney argued there’s another explanation for the allegations.

    Promising “circumstantial evidence,” she suggested that Scientologists ginned up Breest’s lawsuit to discredit him after he split with the church and became a prominent detractor.

    The church denies any involvement, and Breest’s lawyers have called the notion a baseless conspiracy theory that lacks proof of any connection between the religion and Haggis’ accusers.

    “Scientology has nothing to do with this case,” Salzman told jurors. The church has said the same.

    Scientology is a system of beliefs, teachings and rituals focused on spiritual betterment. Science fiction and fantasy author L. Ron Hubbard’s 1950 book “Dianetics: The Modern Science of Mental Health” is a foundational text.

    The religion has gained a following among such celebrities as Tom Cruise, John Travolta and Kirstie Alley. But some high-profile members have broken with it, including Haggis, singer Lisa Marie Presley and actor Leah Remini. In a memoir and documentary series, Remini said the church uses manipulative and abusive tactics to indoctrinate followers into putting its goals above all else, and she maintained that it worked to discredit critics who spoke out.

    The church has vociferously disputed the claims.

    Haggis says he was Scientologist for three decades before leaving the church in 2009. He slammed it as “a cult” in a 2011 New Yorker article that later informed a book and an HBO documentary, and he foreshadowed that retribution would come in the form of “a scandal that looks like it has nothing to do with the church.”

    The church has repeatedly said that Haggis lied about its practices to grab the spotlight for himself and his career. The church didn’t respond to a request for comment.

    Masterson’s lawyer, meanwhile, is asking jurors to disregard the actor’s affiliation with Scientology, though prosecutors say the church discouraged two of his three accusers from going to authorities. All three are former members.

    Haggis got his Hollywood start as as TV writer and moved on to movies including “Million Dollar Baby” and “Crash,” which won back-to-back Academy Awards for best picture in the mid-2000s. The Canada-born filmmaker also directed and was a producer of “Crash,” which garnered him and Bobby Moresco the best original screenplay Oscar in 2006.

    In a sworn statement last year, Haggis said his career nosedived and his finances cratered after Breest sued him in 2017.

    The Associated Press does not usually name people alleging sexual assault unless they come forward publicly, as Breest has done. She is seeking unspecified damages.

    ———

    Associated Press writer Deepa Bharath contributed from Los Angeles.

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  • Death sentence upheld for killer with gender dysphoria claim

    Death sentence upheld for killer with gender dysphoria claim

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    COLUMBUS, Ohio — The Ohio Supreme Court upheld the death sentence Wednesday for an inmate who argued her attorneys didn’t properly raise in her defense trauma she experienced, including gender dysphoria.

    The court ruled 6-1 to uphold Victoria Drain’s conviction and death sentence in the 2019 beating death of Christopher Richardson, a fellow inmate in the residential treatment unit at Warren Correctional Institution in southwestern Ohio.

    Drain attempted to enlist Richardson in a plot to kill an inmate Drain believed was a convicted child molester, court records show. When Richardson backed out, Drain killed him to keep him from exposing her plan, records show.

    Drain killed Richardson by beating, stabbing and strangling him, according to court records.

    Drain had been placed on the unit, which provides inmate psychiatric services, “due to her attempt to self-castrate because she is transgender,” Drain’s attorneys said in a court filing in March 2021.

    At the time of the slaying, Drain was serving a 38-year sentence for stabbing and strangling a man to death in Hancock County in 2016.

    An attorney for Drain, whose execution has not been scheduled, promised a comment later Wednesday.

    In their Supreme Court filing, Drain’s attorneys presented evidence of self-harm dating to childhood because of gender dysphoria, or the distress felt when someone’s gender expression does not match their gender identity. Attorneys describe Drain as a transwoman in court documents.

    Warren County prosecutors argued that Drain had “persistently rebuffed” any efforts by her attorneys to present evidence to the three-judge panel weighing her sentence that would have benefited her case. In January 2020, Drain wrote a letter explaining she didn’t want the evidence on her behalf used, prosecutors said.

    Drain’s attorneys on her appeal countered that her original lawyers didn’t investigate the connection between her gender dysphoria and her mental health and acts of self-harm.

    Ultimately, the Supreme Court placed more weight on Drain’s refusal to allow evidence presented on her behalf.

    Justice Sharon Kennedy, writing for the majority, noted that Drain insisted, against her attorneys’ advice, on pleading no contest and made clear she didn’t want 1,900 pages gathered by her attorneys about her life presented to the court.

    “Rather, the record shows Drain’s longstanding determination to plead no contest and to have the proceedings over as quickly as possible,” Kennedy wrote.

    Justice Jennifer Brunner, the lone dissenting vote, said Drain’s refusal to allow evidence presented on her behalf related mainly to reluctance to present details of a dysfunctional childhood or testimony from Drain’s daughter.

    There was significant other evidence available to Drain’s attorneys, Brunner said, “including evidence concerning her gender dysphoria, her mental-health issues and diagnosed disorders, her history of substance abuse, her medical history and the effect that it has had on her mental health and decision-making, and her time spent in juvenile facilities and other facilities.”

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  • Father says ‘no joy’ in Kristin Smart murder conviction

    Father says ‘no joy’ in Kristin Smart murder conviction

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    LOS ANGELES — The father of Kristin Smart, the California Central Coast college student who vanished from campus 26 years ago, says a murder conviction hasn’t ended the “agonizingly long journey” to find the truth about his daughter.

    “Without Kristin, there’s no joy or happiness in this verdict,” Smart’s father, Stan Smart, said at a news conference after a jury on Tuesday found Paul Flores — the last man seen with Smart — guilty of first-degree murder.

    Prosecutors contended that Flores killed Smart, then 19, while trying to rape her in his dormitory room at California Polytechnic State University, San Luis Obispo, where they were first-year students. His attorney argued that prosecutors used an outlandish conspiracy theory and “junk science” to accuse him and his father, who was charged with concealing Smart’s body to hide the crime.

    Flores, who is 45, could face 25 years to life in prison when he is sentenced on Dec. 9. His attorney, Robert Sanger, declined to comment on the verdict Tuesday.

    A day earlier, a separate jury acquitted Ruben Flores, 81, who was accused by prosecutors of burying Smart’s body under the deck of his house in the nearby community of Arroyo Grande for years but later digging up and moving it.

    Her body has never been found.

    Both verdicts were announced Tuesday.

    “After 26 years, with today’s split verdict, we learned that our quest for justice for Kristin will continue,” Smart’s father said. “This has been an agonizingly long journey, with more downs than ups.”

    However, he also thanked both juries for their diligence and said his faith in the justice system “has been renewed.”

    “Know that your spirit lives on in each and every one of us, everyday,” he said of his daughter. “Not a single day goes by that you aren’t missed, remembered, loved and celebrated.”

    Smart disappeared from campus over Memorial Day weekend in 1996. The father and son weren’t arrested until 2021. Their attorneys had suggested that someone else killed her or even that she may still be alive, although Smart was legally declared dead in 2002.

    San Luis Obispo County Sheriff Ian Parkinson told reporters that the search for Smart’s remains will continue.

    “This case will not be over until Kristin is returned home, and we have committed to that from the beginning,” he said. “We don’t take a breath. We do not put this aside.”

    Paul Flores was seen with Smart on May 25, 1996. The defense said Flores was seen helping Smart walk to her dorm after she became drunk at an off-campus party. Prosecutors suggested she may have been drugged and that Flores took her to his own room where he killed her during an attempted rape.

    Paul Flores had long been considered a suspect in the killing. He had a black eye when investigators interviewed him. He told them he got it playing basketball with friends, who denied his account, according to court records. He later changed his story to say he bumped his head while working on his car.

    During Paul Flores’ trial, the prosecution also told jurors that four cadaver dogs had alerted to the “smell of death on his mattress” but Sanger called it “junk science” and noted there wasn’t any forensic evidence of Smart having been in the room.

    “This case was not prosecuted for all these years because there’s no evidence,” Sanger said during closing arguments. “It’s sad Kristin Smart disappeared, and she may have gone out on her own, but who knows?”

    Investigators conducted dozens of fruitless searches for Smart’s body over two decades. In the past two years they turned their attention to Ruben Flores’ home.

    Behind latticework beneath the deck of his large house on a dead end street, archaeologists working for police in March 2021 found a soil disturbance about the size of a casket and the presence of human blood, prosecutors said. The blood was too degraded to extract a DNA sample.

    After Tuesday’s verdict, Ruben Flores maintained that both he and his son are innocent and said he feels badly that Smart’s family will never have a resolution. He said the case was about feelings, not facts.

    “We don’t know what happened to their daughter,” he told reporters.

    “They’ve had searches and everything,” he said. “They come to my house and say she was buried here, and that’s a surprise to me.”

    “He should have never been charged,” said his attorney, Harold Mesick. “It would be nice if the community would actually honor the presumption of innocence. There is so much animosity toward this man and his family.”

    The trial was held in Salinas, 110 miles (177 kilometers) north of San Luis Obispo. A judge agreed to move it after the defense argued that it was unlikely the Floreses could receive a fair trial with so much notoriety in the city of about 47,000 people.

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  • Lawyer: Cardi B ‘humiliated’ man with racy image on mixtape

    Lawyer: Cardi B ‘humiliated’ man with racy image on mixtape

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    SANTA ANA, Calif. — A self-described family man with a distinctive back tattoo felt humiliated after Cardi B allegedly misused his likeness for her sexually suggestive mixtape cover art, his lawyer said during opening arguments Tuesday.

    Kevin Michael Brophy is suing the Grammy-winning musician in a $5 million copyright-infringement lawsuit in federal court in Southern California. His attorneys say Brophy’s life was disrupted and he suffered distress because of the 2016 artwork.

    Brophy’s lawyer A. Barry Cappello said photo-editing software was use to put the back tattoo, which has appeared in tattoo magazines, onto the male model used in the mixtape cover. The image shows a tattooed man from behind with his head between the rapper’s legs. The man’s face cannot be seen.

    Cardi B, who is expected to testify during the trial, is fighting the allegations and said an artist used only a “small portion” of the tattoos without her knowledge. She had previously said the cover art – created by Timm Gooden — was transformative fair use of Brophy’s likeness.

    “Their life has been disrupted,” Cappello told the jury as Cardi B, whose real name is Belcalis Almanzar, watched from the defense table. He said the image disturbed Brophy along with his wife, Lindsay Michelle Brophy, who he says initially questioned her husband if it was him in the cover art. The couple has two young children.

    Brody has said he once considered his back tattoo featuring a tiger battling a serpent to be a “Michelangelo piece” that has since become “raunchy and disgusting.”

    Defense filings have pointed out that the model who posed for the photos was Black, while Brophy is white.

    Cardi B’s lawyer Peter Anderson said Brophy and the mixtape image are unrelated. He said the model did not have tattoos on his neck, which Brophy does.

    “Brophy’s face wasn’t on the mixtape,” Anderson said during his opening statement. “She was already popular. It has nothing to do with Brophy.”

    But Brophy contested in court that everyone who knows him believed he was on the mixtape cover. He said the offensive image was something he would never approve.

    Brophy said he sent a cease-and-desist letter to Cardi B’s representatives to remove the tattoo, but he never received a response.

    “For me, it was something I took a lot of pride in,” Brophy said about his tattoo. “Now, that image feels devalued. I feel robbed. I feel completely disregarded. There’s a lot of things I would like to be spending time on. But the only way to get this removed was to come here to this courtroom.”

    Cappello said Gooden was paid $50 to create a design but was then told to find another tattoo after he turned in an initial draft. He said Gooden googled “back tattoos” before he found an image and pasted it on the cover.

    Last month, Cardi B pleaded guilty to a criminal case stemming from a pair of brawls at New York City strip clubs that required her to perform 15 days of community service. Earlier this year, the rapper was awarded $1.25 million in a defamation lawsuit against a celebrity news blogger who posted videos falsely stating she used cocaine, had contracted herpes and engaged in prostitution.

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  • Man convicted of killing missing California college student

    Man convicted of killing missing California college student

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    LOS ANGELES — The last man seen with Kristin Smart was convicted Tuesday of killing the college freshman, who vanished from a California campus more than 25 years ago, but his father was acquitted of helping him conceal the crime.

    Jurors unanimously found Paul Flores guilty of first-degree murder. He could face 25 years to life in prison when he is sentenced.

    In an email, his attorney, Robert Sanger, declined to comment on the verdict because “the matter is still pending.”

    A jury in a separate trial found his father, Ruben Flores, not guilty of charges of being an accessory to murder after the fact. The conflicting verdicts were read moments apart in the same courtroom.

    “Without Kristin, there’s no joy or happiness in this verdict,” Smart’s father, Stan Smart, said at a news conference after the hearing. “After 26 years, with today’s split verdict, we learned that our quest for justice for Kristin will continue.”

    He described the case as a long, agonizing journey and said he was grateful to the two juries for their diligence.

    Smart disappeared from California Polytechnic State University on the state’s scenic central coast over Memorial Day weekend in 1996. Her remains have never been found. The father and son weren’t arrested until 2021.

    San Luis Obispo County Sheriff Ian Parkinson told reporters at a news conference that the investigation won’t end until Smart’s remains are found.

    “This case will not be over until Kristin is returned home, and we have committed to that from the beginning,” he said. “We don’t take a breath. We do not put this aside.”

    Prosecutors maintained the younger Flores, now 45, killed the 19-year-old during an attempted rape on May 25, 1996, in his dorm room at Cal Poly, where both were first-year students. He was the last person seen with Smart as he walked her home from an off-campus party where she became intoxicated.

    His father, now 81, was accused of helping bury the slain student behind his home in the nearby community of Arroyo Grande and later digging up the remains and moving them.

    Outside the courthouse, Ruben Flores maintained that his son is innocent and said he feels badly that Smart’s family will never have a resolution. He said the case was about feelings, not facts.

    “We don’t know what happened to their daughter,” he told reporters.

    Sanger had tried to pin the killing on someone else — noting that Scott Peterson, who was later convicted at a sensational trial of killing his pregnant wife and the fetus she was carrying — was also a student at the campus about 200 miles (320 kilometers) up the coast from Los Angeles.

    During his closing arguments, Sanger said no attempted rape occurred and he cast doubt on testimony from witnesses, including a student who was in Smart’s dorm who testified to seeing Paul Flores in Smart’s room.

    He also referred to forensic evidence offered by the prosecution as “junk science.”

    “This case was not prosecuted for all these years because there’s no evidence,” Sanger said. “It’s sad Kristin Smart disappeared, and she may have gone out on her own, but who knows?”

    Paul Flores had long been considered a suspect in the killing. He had a black eye when investigators interviewed him. He told them he got it playing basketball with friends, who denied his account, according to court records. He later changed his story to say he bumped his head while working on his car.

    Investigators conducted dozens of fruitless searches for Smart’s body over two decades. In the past two years they turned their attention to Ruben Flores’ home about 12 miles (20 kilometers) south of Cal Poly in the community of Arroyo Grande.

    Behind latticework beneath the deck of his large house on a dead end street, archaeologists working for police in March 2021 found a soil disturbance about the size of a casket and the presence of human blood, prosecutors said. The blood was too degraded to extract a DNA sample.

    The trial was held in Salinas, 110 miles (177 kilometers) north of San Luis Obispo. A judge agreed to move it after the defense argued that it was unlikely the Floreses could receive a fair trial with so much much notoriety in the city of about 47,000 people.

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  • Rapper-actor Kaalan Walker gets 50 years for rape sentence

    Rapper-actor Kaalan Walker gets 50 years for rape sentence

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    LOS ANGELES — Actor and rapper Kaalan Walker has been sentenced to 50 years to life in prison for his conviction for raping aspiring models he met online, authorities said.

    Walker, 27, was sentenced Monday in Superior Court in Los Angeles following his April conviction on three counts of forcible rape, one count of assault to commit oral copulation, two counts of statutory rape and two counts of rape by intoxication.

    His lawyer, Andrew Flier, said the trial was unfair. He called the sentence “draconian” and said it would be appealed, NBC News reported.

    Walker, whose rapper name is KR, played a gang member in the 2018 remake of the movie “Superfly” and also appeared in the 2017 film “Kings,” starring Halle Berry and Daniel Craig.

    He was arrested in 2018 and charged with a series of assaults dating back to 2016 involving four women and three teenage girls.

    Prosecutors said Walker used social media to contact aspiring models and offer them phony professional opportunities so they would meet him, then assaulted them.

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  • Family: Saudis sentence US citizen to 16 years over tweets

    Family: Saudis sentence US citizen to 16 years over tweets

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    DUBAI, United Arab Emirates — An American citizen has been arrested in Saudi Arabia, tortured and sentenced to 16 years in prison over tweets he sent while in the United States, his son said Tuesday.

    Saad Ibrahim Almadi, a 72-year-old retired project manager living in Florida, was arrested last November while visiting family in the kingdom and was sentenced earlier this month, his son Ibrahim told The Associated Press, confirming details that were first reported by the Washington Post. Almadi is a citizen of both Saudi Arabia and the U.S.

    There was no immediate comment from Saudi officials.

    State Department deputy spokesman Vedant Patel, speaking to reporters in Washington, confirmed Almadi’s detention Tuesday.

    “We have consistently and intensively raised our concerns regarding the case at senior levels of the Saudi government, both through channels in Riyadh and Washington DC as well and we will continue to do so,” he said. “We have raised this with members of the Saudi government as recently as yesterday.”

    It appeared to be the latest in a series of recent cases in which Saudis received long jail sentences for social media posts critical of the government.

    Saudi authorities have tightened their crackdown on dissent following the rise of Crown Prince Mohammed bin Salman, who is seeking to open up and transform the ultraconservative kingdom but has adopted a hard line toward any criticism.

    A Saudi court recently sentenced a woman to 45 years in prison for allegedly damaging the country through her social media activity. A Saudi doctoral student at Leeds University in England was sentenced to 34 years for spreading “rumors” and retweeting dissidents, a case that drew international outrage.

    Ibrahim says his father was detained over 14 “mild tweets” sent over the past seven years, mostly criticizing government policies and alleged corruption. He says his father was not an activist but a private citizen expressing his opinion while in the U.S., where freedom of speech is a constitutional right.

    President Joe Biden traveled to the oil-rich kingdom in July for a meeting with Prince Mohammed, in which he said he confronted him about human rights. Their meeting — and a widely criticized fist-bump — marked a sharp turnaround from Biden’s earlier vow to make the kingdom a “pariah” over the 2018 killing of Saudi journalist and Washington Post columnist Jamal Khashoggi.

    Ibrahim said his father was sentenced to 16 years in prison on Oct. 3 on charges of supporting terrorism. The father was also charged with failing to report terrorism, over tweets that Ibrahim had posted.

    His father was also slapped with a 16-year travel ban. If the sentence is carried out, the 72-year-old would be 87 upon his release and barred from returning home to the U.S. unless he reaches the age of 104.

    Ibrahim said Saudi authorities warned his family to stay quiet about the case and to not involve the U.S. government. He said his father was tortured after the family contacted the State Department in March.

    Ibrahim also accused the State Department of neglecting his father’s case by not declaring him a “wrongfully detained” American, which would elevate his file.

    “They manipulated me. They told me to stay quiet so they can get him out,” Ibrahim said, explaining his decision to go public this week. “I am not willing to take a gamble on the Department of State anymore.”

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  • Union head: Vegas officer killing should bring death penalty

    Union head: Vegas officer killing should bring death penalty

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    LAS VEGAS — With police officers filling the courtroom gallery, a man accused of killing a veteran patrol officer stood silently before a judge Tuesday in a case that the top prosecutor in Las Vegas has said might bring the death penalty.

    Tyson Shawn Jordan Hampton stood shackled at the wrists, waist and ankles, with a bandage on his left forearm. He faces 27 felony charges including murder, attempted murder, assault and battery with a deadly weapon, and discharging a firearm. The 24-year-old’s court-appointed attorneys declined to seek his release from jail on bail and the judge set another court date Nov. 1.

    Deputy public defenders Conor Slife and Anna Clark declined after the hearing to comment.

    In the court hallway, Steve Grammas, executive director of the Las Vegas Police Protective Association, stood surrounded by about 30 police officers and union members and called for capital punishment.

    “This should be a death penalty case,” Grammas told reporters. “That is the expression from myself and I believe all of our police officers. We’re all upset that we have to be here to deal with a case because we lost one of our brothers.”

    Clark County District Attorney Steve Wolfson said separately that a decision about seeking the death penalty will be made in the coming weeks. The last execution of a convicted criminal in Nevada was in 2006.

    Hampton, of Las Vegas, also faces a misdemeanor domestic violence charge stemming from allegations he battered his wife before Las Vegas police officers Truong Thai and Ryan Gillihan arrived a little after 1 a.m. on Oct. 13 to answer a 911 call about a street side domestic argument several blocks east of the Las Vegas Strip.

    Police body camera video released Monday showed Hampton seated in a blue sedan, refusing to comply with Thai and beginning to drive away before opening fire with a handgun from the driver’s window of his vehicle.

    Assistant Clark County Sheriff Andrew Walsh described the weapon as a high-powered “AK-47 pistol” firing military-grade 7.62-caliber ammunition, and said Thai was shot through the side of his ballistic vest. He died at a nearby hospital.

    Hampton’s mother-in-law was wounded in the leg, but police said her injury was not life-threatening.

    Police said Hampton fired 18 shots, Thai fired five shots and Gillihan fired seven times as Hampton drove away.

    Hampton was arrested a short time later a few blocks away and received what police said were minor injuries when a police dog jumped on him to bring him to the ground outside his car.

    Walsh said Hampton had the alleged murder weapon in his possession when the K-9 reached him, and police also found a .40-caliber handgun that was not used in the shooting.

    The AK-47 is a standard assault rifle developed in the former Soviet Union. It is sometimes referred to as a Kalashnikov.

    A funeral with full line-of-duty honors is scheduled Oct. 28 for Thai. In 23 years as a Las Vegas police officer, he served as a patrol and training officer, financial crimes investigator and firearms instructor. The 49-year-old father of a 19-year-old woman also was an avid volleyball player and coach.

    Gillihan, 32, a police officer since 2017, is on paid leave pending district attorney and departmental reviews of the shooting.

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  • ’70s Show’ actor Danny Masterson on trial on 3 rape charges

    ’70s Show’ actor Danny Masterson on trial on 3 rape charges

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    LOS ANGELES — Danny Masterson, former star of the long-running sitcom “That ’70s Show,” is about to face three women in court who say he raped them two decades ago at a trial whose key figures are all current or former members of the Church of Scientology.

    Opening statements could begin as early as Tuesday in the Los Angeles trial of the 46-year-old Masterson, and while a judge has expressed her determination not to have the church become the center of the proceedings, it will inevitably loom large.

    Masterson is charged with raping the women between 2001 and 2003 in his home, which functioned as a social hub when he was at the height of his fame. Masterson has pleaded not guilty to the charges.

    One of the women had been Masterson’s longtime girlfriend. Another was a longtime friend, and the third a newer acquaintance.

    All three were members of the Church of Scientology, as Masterson still is. All three accusers have since left, and they said the church’s insistence that it deal internally with problems between members made them hesitant at first to go to authorities.

    “This is not going to become a trial on Scientology,” Superior Court Judge Charlaine F. Olmedo asserted at a pre-trial hearing. But she said she would allow its discussion as a reason why the women delayed reporting to authorities.

    Testimony at a preliminary hearing last year to determine whether Masterson should go to trial last year included frequent use of Scientology jargon that lawyers had to ask the witnesses to explain. And the trial’s witness list is full of members and former members of the church, which has a strong presence in Los Angeles and has counted many famous figures among its members. The list includes former member Lisa Marie Presley, the daughter of Elvis Presley and former wife of Michael Jackson.

    Masterson’s initial attorney in the case, Thomas Mesereau, emphasized his client’s Scientology connections, saying his arrest was the result of anti-religious bias from police and prosecutors. The lawyer attempted unsuccessfully to subpoena alleged communications between the accusers and actor Leah Remini, a former Scientologist who has become on of the church’s foremost detractors, authoring a book and hosting a documentary series.

    Masterson’s lead attorney for the trial, Phillip Cohen, appears to be taking the opposite approach, seeking in a pretrial motion to minimize mentions of the institution, which has garnered much negative publicity in recent years because of prominent dissidents like Remini. Some potential jurors have been dismissed based on their opinions of the church.

    “I think leaving the Church of Scientology out of it is a good plan,” said Emily D. Baker, a former Los Angeles County prosecutor who now works as a legal analyst and podcaster. “I don’t think the general public has an overwhelmingly positive view, I think there is a lot of skepticism.”

    Deputy District Attorney Reinhold Mueller, the lead prosecutor, may want to tread carefully on the subject too.

    “It can feel heavy handed when you have the government bringing someone’s religion into a prosecution,” said Baker, who is not involved in the case. “I think there is a careful line to be considered. The church is not on trial, you don’t want to give jurors a sense that you’re going after it.”

    Masterson is charged with three counts of rape by force or fear, which could mean up to 45 years in prison if if he’s convicted.

    At last year’s preliminary hearing, one woman testified that they were five years into a relationship when she woke to Masterson raping her one night in 2001.

    Another, a onetime friend of Masterson’s who had been born into Scientology, testified that, in 2003, he had taken her upstairs from the hot tub at his Los Angeles home and raped her in his bedroom.

    The third woman said Masterson raped her on a night in 2003 after texting her to come to his house. She testified she had set boundaries and was clear there was to be no sex.

    One of the women, Masterson’s friend, unhappy with the way the Scientology ethics board handled her complaint about him, filed a police report in 2004 that didn’t result in charges. In 2016, she connected and shared stories with the woman who says she was raped while in a relationship with Masterson. Each would file a police report that year. Masterson’s former girlfriend said she did so after telling her story to her husband, who helped her understand that she had been raped. The third woman went to police in 2017.

    Masterson’s then-attorneys suggested in their cross-examination of the women that all had retroactively reframed consensual sex as rape, and said the age of the incidents made accurate memories impossible.

    The Associated Press does not typically name people who say they were victims of sexual abuse unless they come forward publicly.

    Masterson was one of the first Hollywood figures to be prosecuted in the #MeToo era. His is one of several high-profile sexual assault cases that have gone to trial around the fifth anniversary of the reporting of accusations against Hollywood mogul Harvey Weinstein, which transformed the #MeToo movement into an international reckoning.

    Weinstein’s second rape and sexual assault trial — he’s already been convicted in New York — is happening simultaneously, just down the hall from Masterson’s. In New York, civil trials have begun for actor Kevin Spacey and for screenwriter and director Paul Haggis, who are both being sued for sexual assault.

    Haggis is himself a Scientology dissident, and the judge in that case is allowing him to argue that the church is behind the allegations against him.

    From 1998 until 2006, Masterson starred as Steven Hyde on Fox’s “That ’70s Show,” which made stars of Ashton Kutcher, Mila Kunis and Topher Grace and is getting an upcoming Netflix reboot with “That ’90s Show.”

    Masterson had reunited with Kutcher on the Netflix comedy “The Ranch” but was written off the show when an LAPD investigation was revealed in December 2017.

    ———

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

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  • Today in History: October 18, U.S. gets Alaska

    Today in History: October 18, U.S. gets Alaska

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    Today in History

    Today is Tuesday, Oct. 18, the 291st day of 2022. There are 74 days left in the year.

    Today’s Highlight in History:

    On Oct. 18, 1867, the United States took formal possession of Alaska from Russia.

    On this date:

    In 1648, Boston shoemakers were authorized to form a guild to protect their interests; it’s the first American labor organization on record.

    In 1892, the first long-distance telephone line between New York and Chicago was officially opened (it could only handle one call at a time).

    In 1898, the American flag was raised in Puerto Rico shortly before Spain formally relinquished control of the island to the U-S.

    In 1954, Texas Instruments unveiled the Regency TR-1, the first commercially produced transistor radio.

    In 1962, James D. Watson, Francis Crick and Maurice Wilkins were honored with the Nobel Prize for Medicine and Physiology for determining the double-helix molecular structure of DNA.

    In 1968, the U.S. Olympic Committee suspended Tommie Smith and John Carlos for giving a “Black power” salute as a protest during a victory ceremony in Mexico City.

    In 1969, the federal government banned artificial sweeteners known as cyclamates (SY’-kluh-maytz) because of evidence they caused cancer in laboratory rats.

    In 1972, Congress passed the Clean Water Act, overriding President Richard Nixon’s veto.

    In 1977, West German commandos stormed a hijacked Lufthansa jetliner on the ground in Mogadishu, Somalia, freeing all 86 hostages and killing three of the four hijackers.

    In 1984, actor Jon-Erik Hexum, 26, was taken off life support six days after shooting himself in the head with a pistol loaded with a blank cartridge on the set of his TV show “Cover Up.”

    In 2001, CBS News announced that an employee in anchorman Dan Rather’s office had tested positive for skin anthrax. Four disciples of Osama bin Laden were sentenced in New York to life without parole for their roles in the deadly 1998 bombings of two U.S. embassies in Africa.

    In 2010, four men snared in an FBI sting were convicted of plotting to blow up New York City synagogues and shoot down military planes with the help of a paid informant who’d convinced them he was a terror operative. (James Cromitie, David Williams, Onta Williams and Laguerre Payen were each sentenced to 25 years in prison.)

    Ten years ago: The 2nd U.S. Circuit Court of Appeals in New York ruled that a federal law defining marriage as a union between a man and a woman was unconstitutional. (The following June, the Supreme Court would use that case to strike down provisions keeping legally-married same-sex couples from receiving federal benefits that were otherwise available to married couples.)

    Five years ago: President Donald Trump rejected claims that he had been disrespectful to the grieving family of a slain U.S. soldier in a phone call to the family. Instead of accepting awards at the CMT Artists of the Year show in Nashville, singer Jason Aldean and other stars honored the victims of the mass shooting at a country music festival in Las Vegas.

    One year ago: Colin Powell, a trailblazing soldier and diplomat who was the first Black person to serve as chairman of the Joint Chiefs of Staff and also the first to serve as secretary of state, died at 84 of COVID-19 complications. Jury selection got underway in the trial of three white men charged with fatally shooting a Black man, Ahmaud Arbery, as he was running in their Georgia neighborhood. (All three would be convicted of murder and sentenced to life in prison.) Attorneys said the families of those killed, wounded and scarred in the 2018 Florida high school massacre had reached a $25 million settlement with the Broward County school district.

    Today’s Birthdays: College and Pro Football Hall of Famer Mike Ditka is 83. Singer-musician Russ Giguere is 79. Actor Joe Morton is 75. Actor Pam Dawber is 72. Author Terry McMillan is 71. Writer-producer Chuck Lorre is 70. Gospel singer Vickie Winans is 69. Director-screenwriter David Twohy (TOO’-ee) is 67. International Tennis Hall of Famer Martina Navratilova is 66. Actor Jon Lindstrom is 65. International Hall of Fame boxer Thomas Hearns is 64. Actor Jean-Claude Van Damme is 62. Jazz musician Wynton Marsalis is 61. Actor Vincent Spano is 60. Rock musician Tim Cross is 56. Singer Nonchalant is 55. Former tennis player Michael Stich (shteek) is 54. Actor Joy Bryant is 48. Rock musician Peter Svensson (The Cardigans) is 48. Actor Wesley Jonathan is 44. R&B singer-actor Ne-Yo is 43. Country singer Josh Gracin is 42. Olympic gold medal skier Lindsey Vonn is 38. Jazz singer-musician Esperanza Spalding is 38. Actor-model Freida Pinto is 38. Actor Zac Efron is 35. Actor Joy Lauren is 33. U.S. Olympic and WNBA basketball star Brittney Griner is 32. TV personality Bristol Palin is 32. Actor Tyler Posey is 31. Actor Toby Regbo is 31.

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  • Suit over rape claim against filmmaker Haggis heads to trial

    Suit over rape claim against filmmaker Haggis heads to trial

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    NEW YORK — Opening statements are expected Wednesday in a civil case brought by a publicist who accused Oscar-winning filmmaker Paul Haggis of raping her almost a decade ago.

    Jury selection began Monday in a Manhattan courtroom.

    The lawsuit was filed in 2017 as a wave of sexual misconduct accusations against prominent men was propelling the #MeToo movement to new visibility. At least four other women subsequently alleged that Haggis, a screenwriter known for “Crash” and “Million Dollar Baby,” sexually assaulted them or tried to do so.

    The New York lawsuit centers on publicist Haleigh Breest’s allegation that Haggis offered her a ride home from a movie premiere, invited her to his Manhattan apartment for a drink, rebuffed her suggestion that they go to a public bar instead, and then raped her at the apartment.

    The filmmaker, who declined to comment as he left court Monday, maintains that the encounter was consensual.

    His defense may also feature an allegation of sinister intrigue: His lawyers have suggested that the Church of Scientology engineered false accusations of sexual misdeeds to ruin Haggis, a former longtime member who became an outspoken critic.

    The church has said it had no involvement in the allegations against Haggis, and his accuser’s lawyers have called it “a shameful and unsupported conspiracy theory unworthy of any trial proceeding.”

    But Judge Sabrina Kraus ruled last month that Haggis’ lawyers can bring up Scientology, saying that “the jury is entitled to be informed of any possible motive (the) plaintiff may have and about the church’s efforts to discredit Haggis.”

    No criminal charges were filed in connection with Breest’s accusation. Her lawsuit could mean a financial penalty, but not prison or probation for Haggis if she prevails. She is seeking unspecified damages.

    After the suit was filed in late 2017, three other women told her attorneys and The Associated Press that Haggis had sexually assaulted them or attempted to do so. One said he had raped her. In response, his lawyer said Haggis “didn’t rape anybody.”

    Kraus ruled last month that those three women can also testify as part of Breest’s effort to demonstrate Haggis’ “intent and lack of consent.”

    Jurors won’t be allowed to hear that Haggis was detained for about two weeks at an Italian hotel in June while authorities investigated allegations that he sexually assaulted a woman there. Haggis was in Italy for an arts festival.

    Haggis’ Italian attorney said the filmmaker was innocent, and in early July, a judge released him while prosecutors considered whether to pursue their inquiry. The judge concluded that Haggis hadn’t engaged in “constrictive violent behavior,” according to the newspaper Corriere della Sera.

    The Associated Press does not usually name people alleging sexual assault unless they come forward publicly, as Breest has done.

    The Canadian-born Haggis wrote “Million Dollar Baby” and “Crash,” which won back-to-back Academy Awards for best picture in the mid-2000s. He also directed and was a producer of “Crash,” which garnered him and Bobby Moresco the best original screenplay Oscar in 2006. The next year, Haggis was nominated in the same category for “Letters from Iwo Jima.”

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  • Maryland judge strikes down nation’s first digital ad tax

    Maryland judge strikes down nation’s first digital ad tax

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    ANNAPOLIS, Md. — The nation’s first tax on digital advertising was struck down as unconstitutional by a Maryland judge on Monday. It’s a law that attorneys for Big Tech have contended unfairly targets companies like Facebook, Google and Amazon in a separate federal case against the same law.

    Judge Alison Asti of Anne Arundel County Circuit Court said the Maryland law violates the U.S. Constitution’s prohibition on state interference with interstate commerce. She also ruled that it violates the federal Internet Tax Freedom Act, which prohibits discrimination against electronic commerce.

    The state estimated the tax on digital advertising could raise about $250 million a year to help pay for a sweeping K-12 education measure to expand early childhood education, increase teacher salaries, boost college and career readiness and help struggling schools.

    Raquel Coombs, a spokesperson for Maryland Attorney General Brian Frosh, said the attorney general’s office is reviewing the decision to determine next steps. Comptroller Peter Franchot’s office also is reviewing the decision, said spokesperson Susan O’Brien.

    Verizon Media Inc. and Comcast challenged the law in the state’s court. The law also is being challenged in federal court by the U.S. Chamber of Commerce. Oral arguments in that case are scheduled for Nov. 29.

    The Maryland law’s fate in the courts is being closely watched by other states that have also weighed a similar tax for online ads.

    The law was enacted last year by the Maryland General Assembly, which is controlled by Democrats, over the veto of Republican Gov. Larry Hogan.

    The law would have taxed revenue that the affected companies make on digital advertisements shown in Maryland.

    The tax rate would have been 2.5% for businesses making more than $100 million in global gross annual revenue; 5% for companies making $1 billion or more; 7.5% for companies making $5 billion or more and 10% for companies making $15 billion or more.

    Republican lawmakers cheered the judge’s ruling on Monday as “a huge win for Maryland’s small businesses who rely on affordable digital advertising to market their services.”

    “This is a refreshing check on Maryland’s Democratic Supermajority who has no problem creating new, one-of-a-kind taxes that violate the First Amendment and tax Maryland’s job creators out of business,” said Sen. Bryan Simonaire, the Senate minority leader, and Sen. Justin Ready, the Senate minority whip, in a joint statement.

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  • Man convicted in death of Texas agency’s 1st Sikh deputy

    Man convicted in death of Texas agency’s 1st Sikh deputy

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    HOUSTON — A man was convicted of capital murder on Monday in the 2019 shooting death of a law enforcement officer who was the first Sikh deputy in his Texas agency.

    A jury took less than 30 minutes before finding Robert Solis, 50, guilty in the killing of Harris County Sheriff’s Deputy Sandeep Dhaliwal during a September 2019 traffic stop in a residential cul-de-sac 18 miles (29 kilometers) northwest of Houston.

    Authorities say the 42-year-old deputy was shot multiple times from behind after he stopped Solis and was walking back to his patrol car.

    The same jury in Houston that convicted Solis began hearing evidence late Monday afternoon in the trial’s punishment phase. Prosecutors are seeking a death sentence.

    Just before his trial began last week, Solis fired his court appointed attorneys and chose to represent himself.

    Solis testified in his own defense and told jurors he had accidentally shot Dhaliwal.

    Prosecutors argued Solis deliberately shot Dhaliwal because he didn’t want to go back to jail. At the time of the traffic stop, Solis had a warrant for violating parole.

    Dhaliwal was described by Harris County Sheriff Ed Gonzalez as “a trailblazer” because he was the first Sikh deputy with the sheriff’s office when he joined the force around 2009.

    Gonzalez’s predecessor as sheriff, Adrian Garcia, implemented a religious accommodation policy that allowed Dhaliwal to wear the traditional turban and beard of the Sikh religion.

    Garcia, who is now a Harris County commissioner, was in a public meeting Monday afternoon when he paused to announce the guilty verdict.

    “I know this won’t bring him back but it is some measure of justice,” Harris County Judge Lina Hidalgo, the county’s top elected official, said during the meeting before holding a moment of silence to honor Dhaliwal.

    ———

    This story has been corrected to show that Adrian Garcia is now a county commissioner, not Ed Gonzalez/

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  • Man arrested in serial killings has criminal history

    Man arrested in serial killings has criminal history

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    STOCKTON, Calif. — A man suspected of killing six men and wounding a woman in a series of shootings in Northern California has a criminal history that includes traffic violations and convictions for drug crimes, authorities said Monday.

    Stockton police arrested Wesley Brownlee, 43, on Saturday after surveilling him as he drove through the streets of the city, armed with a handgun and possibly searching for another victim, police said.

    In January 1999, Brownlee was sentenced to two years in prison in Alameda County for possessing and selling a controlled substance, the California corrections department said. He was released on parole in August 1999 after serving seven months.

    Brownlee was again convicted in Alameda County in December 2001 and sentenced to three years for the same crime. He was released to parole in May 2003 and was discharged from parole three years later.

    Public records from San Joaquin County show Brownlee has two traffic violations in 2021 and 2022, along with a felony in 2017 and a DUI in 2009, KCRA-TV reported.

    San Joaquin County prosecutors worked Monday with the Stockton Police Department to review the evidence and expect to file charges Tuesday, said Elisa Bubak, a spokesperson for the San Joaquin County prosecutor’s office.

    It was not immediately known if Brownlee has an attorney who can comment on his behalf.

    Police said after Brownlee’s arrest that he was dressed in black, had a mask around his neck and a handgun, and “was out hunting” for another possible victim when he was arrested while driving around the Central Valley city, where five men were ambushed and shot to death between July 8 and Sept. 27. Four were walking, and one was in a parked car.

    Police believe the same person was responsible for killing a man 70 miles (110 kilometers) away in Oakland in April 2021 and wounding a woman in Stockton a week later.

    Investigators have said ballistics tests and video evidence linked the crimes. A police photo showed the black and gray weapon allegedly carried by the suspect. It appeared to be a semi-automatic handgun containing some nonmetallic materials.

    At Saturday’s news conference, a moment of silence was held for the victims.

    Juan Vasquez Serrano, 39, was killed in Oakland on April 10, 2021, and Natasha LaTour, 46, was shot in Stockton on April 16 that year but survived. The five men killed in Stockton this year were Paul Yaw, 35, who died July 8; Salvador Debudey Jr., 43, who died Aug. 11; Jonathan Hernandez Rodriguez, 21, who died Aug. 30; Juan Cruz, 52, who died Sept. 21; and Lawrence Lopez Sr., 54, who died Sept. 27.

    After receiving hundreds of tips, investigators located and watched the place where Brownlee was living. They watched his patterns, determined he was out searching for another victim and arrested him, authorities said.

    Police said some victims were homeless, but not all. None were beaten or robbed, and the woman who survived said her attacker didn’t say anything.

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