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Tag: Legal proceedings

  • Informant’s Army past raised at trial tied to Whitmer plot

    Informant’s Army past raised at trial tied to Whitmer plot

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    A defense lawyer lashed out Thursday at a star witness in a trial related to a plot to kidnap Michigan Gov. Gretchen Whitmer, accusing the Army veteran of “stolen valor” and questioning why he wasn’t given a Purple Heart if he was truly injured in Iraq.

    The ruckus broke out in front of jurors and continued after they were excused. Defense attorneys and prosecutors raised their voices over each other. At one point, an FBI agent firmly told lawyer Leonard Ballard to “back up, please.”

    “Judge, it’s literally hurting my ears. I just can’t listen to it anymore,” state Assistant Attorney General Sunita Doddamani pleaded.

    The commotion occurred on the ninth day of trial in Jackson, Michigan, where three members of a paramilitary group, the Wolverine Watchmen, are charged with providing material support for a terrorist act.

    Joe Morrison, Pete Musico and Paul Bellar are not accused of directly participating in the Whitmer kidnapping scheme. But state prosecutors said they provided training and support to key players who were subsequently convicted of conspiracy in federal court.

    Just like in the federal case, a crucial witness against the three men is Dan Chappel. He agreed in 2020 to become an informant, embedding himself for months inside the Watchmen after reporting to the FBI that the group talked chillingly about attacking police.

    In response to questions from prosecutors, Chappel, 36, explained that he was simply looking for a way to maintain his gun skills when he joined the group, years after serving with the Army in Iraq. He told jurors that he suffered back and head trauma overseas that sometimes affected his memory.

    Ballard, who is Morrison’s lawyer, pounced during cross-examination, challenging Chappel over his lack of a Purple Heart, a medal typically given to people injured in combat.

    “It’s relevant because they have put his combat, and his combat ability, and his combat wounds and everything into evidence,” Ballard said, referring to prosecutors. “They said this is who and what he is. It goes to his credibility.”

    Ballard, a former Marine, said a Purple Heart for Chappel’s injuries should have been automatic under Army regulations. But Chappel said his injuries weren’t diagnosed by doctors until later.

    “This witness can’t get away with misrepresenting his conduct, his service, his valor — which I would argue is stolen valor in this matter — to these 15 people,” Ballard said of the jury.

    Assistant Attorney General Bill Rollstin fired back, accusing Ballard of “besmirching this man’s integrity.”

    “What’s (Ballard’s) point: He does or doesn’t have a Purple Heart so now you shouldn’t believe his testimony?” Rollstin asked.

    Judge Thomas Wilson said Chappel would get an opportunity Friday to more fully explain his injuries to the jury.

    “Then I’ll allow you to ask him if he ever had the Purple Heart,” Wilson told Ballard.

    ———

    White reported from Detroit.

    ———

    Follow Ed White at http://twitter.com/edwritez

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  • Today in History: October 14, Martin Luther King wins Nobel

    Today in History: October 14, Martin Luther King wins Nobel

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    Today in History

    Today is Friday, Oct. 14, the 287th day of 2022. There are 78 days left in the year.

    Today’s Highlight in History:

    On Oct. 14, 1964, civil rights leader Martin Luther King Jr. was named winner of the Nobel Peace Prize.

    On this date:

    In 1066, Normans under William the Conqueror defeated the English at the Battle of Hastings.

    In 1586, Mary, Queen of Scots, went on trial in England, accused of committing treason against Queen Elizabeth I. (Mary was beheaded in February 1587.)

    In 1933, Nazi Germany announced it was withdrawing from the League of Nations.

    In 1939, a German U-boat torpedoed and sank the HMS Royal Oak, a British battleship anchored at Scapa Flow in Scotland’s Orkney Islands; 833 of the more than 1,200 men aboard were killed.

    In 1944, German Field Marshal Erwin Rommel took his own life rather than face trial and certain execution for allegedly conspiring against Adolf Hitler.

    In 1947, U.S. Air Force Capt. Charles E. (“Chuck”) Yeager (YAY’-gur) became the first test pilot to break the sound barrier as he flew the experimental Bell XS-1 (later X-1) rocket plane over Muroc Dry Lake in California.

    In 1964, Soviet leader Nikita S. Khrushchev was toppled from power; he was succeeded by Leonid Brezhnev as First Secretary and by Alexei Kosygin as Premier.

    In 1981, the new president of Egypt, Hosni Mubarak (HOHS’-nee moo-BAH’-rahk), was sworn in to succeed the assassinated Anwar Sadat. Mubarak pledged loyalty to Sadat’s policies.

    In 1986, Holocaust survivor and human rights advocate Elie Wiesel (EL’-ee vee-ZEHL’) was named winner of the Nobel Peace Prize.

    In 1990, composer-conductor Leonard Bernstein (BURN’-styn) died in New York at age 72.

    In 2008, a grand jury in Orlando, Fla. returned charges of first-degree murder, aggravated child abuse and aggravated manslaughter against Casey Anthony in the death of her 2-year-old daughter, Caylee. (She was acquitted in July 2011.)

    In 2016, a judge in Connecticut dismissed a wrongful-death lawsuit by Newtown families against the maker of the rifle used in the Sandy Hook Elementary School shooting massacre, citing a federal law that shielded gun manufacturers from most lawsuits over criminal use of their products.

    Ten years ago: Extreme athlete Felix Baumgartner landed gracefully in the eastern New Mexico desert after a 24-mile jump from a balloon in the stratosphere in a daring, dramatic feat that officials said made him the first skydiver to fall faster than the speed of sound. Retired Air Force Brig. Gen. Chuck Yeager, at the age of 89, marked the 65th anniversary of his supersonic flight by smashing through the sound barrier again, this time in the backseat of an F-15 which took off from Nellis Air Force Base in Nevada. Former Sen. Arlen Specter of Pennsylvania, 82, died in Philadelphia.

    Five years ago: A truck bombing in Somalia’s capital killed more than 500 people in one of the world’s deadliest attacks in years; officials blamed the attack on the extremist group al-Shabab and said it was meant to target Mogadishu’s international airport, but the bomb detonated in a crowded street after soldiers opened fire. The board of the Academy of Motion Picture Arts and Sciences revoked the membership of movie mogul Harvey Weinstein, after published reports about sexual harassment and rape allegations against Weinstein.

    One year ago: New York real estate heir Robert Durst was sentenced in Los Angeles to life in prison without a chance of parole for the murder of a friend, Susan Berman, more than two decades earlier. (Durst died in prison in January 2022 at 78.) South Carolina state police said prominent attorney Alex Murdaugh had been arrested and charged with stealing insurance settlements that were meant for the sons of his late housekeeper. A work by British street artist Banksy that sensationally self-shredded just after it sold at auction three years earlier fetched more than $25 million — a record for the artist, and close to 20 times its pre-shredded price.

    Today’s Birthdays: Classical pianist Gary Graffman is 94. Movie director Carroll Ballard is 85. Country singer Melba Montgomery is 85. Former White House counsel John W. Dean III is 84. Fashion designer Ralph Lauren is 83. Singer Sir Cliff Richard is 82. Singer-musician Justin Hayward (The Moody Blues) is 76. Actor Greg Evigan is 69. TV personality Arleen Sorkin is 67. World Golf Hall of Famer Beth Daniel is 66. Singer-musician Thomas Dolby is 64. Actor Lori Petty is 59. Former MLB player and manager Joe Girardi is 58. Actor Steve Coogan is 57. Singer Karyn White is 57. Actor Edward Kerr is 56. Actor Jon Seda is 52. Country singer Natalie Maines (The Chicks) is 48. Actor-singer Shaznay Lewis (All Saints) is 47. Actor Stephen Hill is 46. Singer Usher is 44. TV personality Stacy Keibler is 43. Actor Ben Whishaw is 42. Actor Jordan Brower is 41. Director Benh Zeitlin is 40. Actor Skyler Shaye is 36. Actor-comedian Jay Pharoah is 35. Actor Max Thieriot is 34.

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  • Man pleads guilty to arson at Planned Parenthood clinic

    Man pleads guilty to arson at Planned Parenthood clinic

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    GRAND RAPIDS, Mich. — A man who made a video describing abortion as genocide has pleaded guilty to arson for a fire at a Planned Parenthood clinic in southwestern Michigan, a prosecutor said.

    Joshua Brereton, 25, of Paw Paw faces a Feb. 6, 2023, sentencing after entering the plea, U.S. Attorney Mark Totten said Wednesday. He faces five to 20 years in prison, followed by three years of supervised release.

    Brereton also faces a fine of up to $250,000 and will be ordered to pay restitution, Totten said. The plea agreement estimates the amount of restitution Brereton will be ordered to pay to be more than $20,000.

    “This fire was a senseless act of political violence,” Totten said. “In our democracy, resorting to violence is never an acceptable means to address policy disputes. Moreover, Brereton’s actions could have injured innocent citizens and first responders.”

    Brereton admitted that last July 31, he went to the Paw Paw Walmart where he bought a fireplace starter log and fuel, then breached a security fence at the clinic in Kalamazoo. He also set fires near the front entrance and a corner of the building and lit the starter log and threw it onto the roof of the building.

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  • Gooding Jr. avoids jail in touching case, angering accusers

    Gooding Jr. avoids jail in touching case, angering accusers

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    NEW YORK — As Cuba Gooding Jr.’s forcible touching case faded to black Thursday with no jail time for the movie star, some of the dozens of women who have accused him of groping, unwanted kissing and other inappropriate behavior criticized the outcome as a slap on the wrist — and a slap in the face.

    The Oscar-winning actor turned #MeToo defendant avoided prison time by complying with the terms of a conditional plea agreement that saw him plead guilty to charges involving just one of what prosecutors have said were allegations from at least 30 women, many at New York City nightspots.

    Assistant Manhattan District Attorney Coleen Balbert told a judge Thursday that since the deal was reached in April, Gooding has stayed out of trouble and completed six months of alcohol and behavioral counseling. That enabled him to withdraw his misdemeanor guilty plea — for forcibly kissing a waitress at a Manhattan nightclub in 2018 — and instead plead guilty to a non-criminal harassment violation.

    That means no additional penalties and no criminal record for Gooding, the star of films such as “Jerry Maguire,” “Boyz N the Hood” and “Radio.”

    “This plea deal feels like a misstep,” said Kelsey Harbert, a neuroscience student whose allegation that Gooding groped her at a nightclub led to his 2019 arrest but wasn’t part of his guilty plea.

    “After three long years of trying to hold Mr. Gooding accountable for touching my breast without my consent, having my day in court taken away from me is more disappointing than words can say,” said Harbert, who was tearful at times as she spoke in court.

    Harbert’s lawyer, Gloria Allred, called the plea deal “an insult” to Gooding’s accusers and a “prosecutorial gift to a celebrity who is undeserving of such an outcome.”

    Balbert told Judge Curtis Farber that she has received “positive reports for the last six months” from Gooding’s therapist. Gooding started counseling in September 2019 and will continue with treatment beyond the time required by his plea agreement, Balbert said.

    If Gooding had failed to comply with the terms of the deal, he would have faced up to one year in jail.

    Arrested in 2019, Gooding was among a profusion of Hollywood heavyweights accused of wrongdoing in the #MeToo movement, which exploded five years ago this month.

    As Gooding was in court Thursday wrapping up his case, another Oscar-winning actor, Kevin Spacey, was on trial down the block in a civil lawsuit alleging that he sexually assaulted actor Anthony Rapp.

    Meanwhile, in Los Angeles, former studio boss Harvey Weinstein and “That 70’s Show” star Danny Masterson are in the midst of separate rape trials. Weinstein was convicted of similar charges in New York in 2020 and is serving a 23-year prison sentence.

    Gooding was arrested in June 2019 after Harbert told police he fondled her without her consent at Magic Hour Rooftop Bar & Lounge near Times Square.

    A few months later, prosecutors charged Gooding with pinching a server’s buttocks after making a sexually suggestive remark to her at TAO Downtown and the allegation to which he pleaded guilty — forcibly kissing a waitress at LAVO New York in midtown Manhattan, both in 2018.

    The LAVO waitress said in a victim impact statement that Gooding was facing “minimal repercussions” while his victims continued to deal with the emotional trauma of his actions.

    The TAO Downtown server asked, to no avail, that he be required to complete another six months of therapy to ensure that he changes his behavior and to send a “special message” to men that sexual assault and misconduct won’t be tolerated.

    Asked about the criticism, the Manhattan district attorney’s office referred to Balbert’s remarks in court in April in which she said prosecutors believed the plea deal to be a “fair and equitable disposition” that spared accusers from having to testify at trial and being subject to cross examination.

    Gooding said little in court Thursday, did not apologize to his accusers — as he did in April — and did not answer shouted questions from reporters as he hustled out of the courtroom.

    Asked to explain what he did, Gooding told Farber: “I kissed a waitress, your honor.”

    The waitress, in her victim impact statement, said Gooding forced his tongue into her mouth unexpectedly while she was serving drinks. In the statement, read into the record by Balbert, the waitress said she was aware of incidents involving Gooding and three other women at the club.

    Gooding had previously pleaded not guilty to six misdemeanor counts and denied all allegations of wrongdoing. His lawyers argued that overzealous prosecutors, caught up in the fervor of #MeToo, were trying to turn “commonplace gestures” or misunderstandings into crimes.

    Along with the criminal case, Gooding is a defendant in civil lawsuits, including one alleging he raped a woman in New York City in 2013. After a judge issued a default judgment in July because Gooding hadn’t responded to the lawsuit, the actor retained a lawyer and is fighting the allegations.

    The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, as Harbert has done.

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  • Jury reaches decision on sentence of Parkland school shooter

    Jury reaches decision on sentence of Parkland school shooter

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    FORT LAUDERDALE, Fla. — A jury said Thursday that it has reached a decision on whether to recommend that Florida school shooter Nikolas Cruz be executed for the 2018 massacre that killed 17 people at Parkland’s Marjory Stoneman Douglas High School.

    The recommendation was not immediately released and came in the second day of deliberations, 15 minutes after jurors arrived and examined the gun Cruz used.

    The decision promises an end to a three-month trial that included graphic videos, photos and testimony from the massacre and its aftermath, heart-wrenching testimony from victims’ family members and a tour of the still blood-spattered building.

    The jury’s decision must be unanimous if it intends to recommend the death penalty, and if that happens, it will be up to Circuit Judge Elizabeth Scherer to make a final decision. If all jurors can’t agree on recommending death, then Cruz would get life in prison.

    The jury of 12 people had asked late Wednesday to see the AR-15-style semi-automatic rifle, but the Broward County Sheriff’s Office security team objected, even though the gun has been made inoperable and Cruz’s ammunition would be removed from the jury room.

    Lead prosecutor Mike Satz, who has more the five decades of experience, pointed out that in every murder case he has tried or knows, jurors got to examine and handle the weapon in their room — and he said a knife or machete is more dangerous than a gun without a firing pin. Security has never been an issue, he said.

    Cruz’s attorneys had no objection to jurors seeing the gun.

    Cruz, 24, pleaded guilty a year ago to murdering 14 students and three staff members and wounding 17 others on Feb. 14, 2018. Cruz said he chose Valentine’s Day to make it impossible for Stoneman Douglas students to celebrate the holiday ever again. The jury will determine only if Cruz is sentenced to death or life without parole. For Cruz to get a death sentence, the jury must be unanimous.

    During the prosecution’s rebuttal case, Satz and his team argued that Cruz’s smooth movements with the gun and his ease in reloading helps show he does not have any neurological disorders, as claimed by his attorneys.

    Lead defense attorney Melisa McNeill and her team have never disputed that Cruz committed a horrible crime, but they say his birth mother’s excessive drinking during pregnancy left him with fetal alcohol spectrum disorder and put him on a path that led to the shooting.

    The massacre is the deadliest mass shooting that has ever gone to trial in the U.S. Nine other people in the U.S. who fatally shot at least 17 people died during or immediately after their attacks by suicide or police gunfire. The suspect in the 2019 massacre of 23 at an E l Paso, Texas, Walmart is awaiting trial.

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  • Trump angrily lashes out after his deposition is ordered

    Trump angrily lashes out after his deposition is ordered

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    NEW YORK — Former President Donald Trump angrily lashed out Wednesday, calling the nation’s legal system a “broken disgrace” after a judge ruled he must answer questions under oath next week in a defamation lawsuit lodged by a writer who says he raped her in the mid-1990s.

    He also called the 2019 lawsuit by E. Jean Carroll, a longtime advice columnist for Elle magazine, “a hoax and a lie.”

    The outburst late in the day came hours after U.S. District Judge Lewis A. Kaplan in Manhattan rejected a request by his lawyers to delay a deposition scheduled for Oct. 19.

    Kaplan is presiding over the case in which Carroll said Trump raped her in the dressing room of a Manhattan Bergdorf Goodman store in the mid-1990s. He called the lawsuit “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.

    “She completely made up a story that I met her at the doors of this crowded New York City Department Store and, within minutes, ‘swooned’ her. It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years,” he said.

    Then he grumbled: “Now all I have to do is go through years more of legal nonsense in order to clear my name of her and her lawyer’s phony attacks on me. This can only happen to ‘Trump’!”

    Carroll is scheduled to be deposed on Friday.

    Roberta Kaplan, Carroll’s attorney, said she was pleased with the judge’s ruling and looked forward to filing new claims next month “and moving forward to trial with all dispatch” after New York state passed the Adult Survivors Act, allowing her to sue for damages for the alleged rape without the statute of limitations blocking it.

    After Trump’s statement was released, a spokesperson for Kaplan’s firm, Kaplan Hecker & Fink, said the “latest statement from Donald Trump obviously does not merit a response.”

    Trump’s legal team has tried various legal tactics to delay the lawsuit and prevent him from being questioned by Carroll’s attorneys. But Judge Kaplan wrote that it was time to move forward, especially given the “advanced age” of Carroll, 78, and Trump, 76, and perhaps other witnesses.

    “The defendant should not be permitted to run the clock out on plaintiff’s attempt to gain a remedy for what allegedly was a serious wrong,” he wrote.

    Carroll’s lawsuit claims that Trump damaged her reputation in 2019 when he denied raping her. Trump’s legal team has been trying to quash the lawsuit by arguing that the Republican was just doing his job as president when he denied the allegations, including when he dismissed his accuser as “not my type.”

    Trump doubled down on the comment in his statement Wednesday, saying: “And, while I am not supposed to say it, I will. This woman is not my type! She has no idea what day, what week, what month, what year, or what decade this so-called ‘event’ supposedly took place. The reason she doesn’t know is because it never happened, and she doesn’t want to get caught up with details or facts that can be proven wrong.”

    Whether Trump will remain the defendant in the original lawsuit is a key question because if Trump was acting within the scope of his duties as a federal employee, the U.S. government would become the defendant in the case.

    The 2nd U.S. Circuit Court of Appeals said in a split decision last month that Trump was a federal employee when he commented on Carroll’s claims. But it asked another court in Washington to decide whether Trump’s public statements occurred during the scope of his employment.

    Kaplan, the judge, said Trump has repeatedly tried to delay the collection of evidence in the lawsuit.

    “Given his conduct so far in this case, Mr. Trump’s position regarding the burdens of discovery is inexcusable,” he wrote. “As this Court previously has observed, Mr. Trump has litigated this case since it began in 2019 with the effect and probably the purpose of delaying it.”

    The judge noted that the collection of evidence for the lawsuit to go to trial was virtually concluded, except for the depositions of Trump and Carroll.

    “Mr. Trump has conducted extensive discovery of the plaintiff, yet produced virtually none himself,” Kaplan said. “Completing these depositions — which already have been delayed for years — would impose no undue burden on Mr. Trump, let alone any irreparable injury.”

    The judge also said the deposition could be useful when Carroll’s lawyer next month files the new lawsuit.

    Whether the rape occurred is central to the defamation claims, as well as the anticipated new lawsuit, the judge said.

    ———

    Associated Press Writer Jill Colvin reported from Washington

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  • South Carolina judge upholds activist’s 4-year prison term

    South Carolina judge upholds activist’s 4-year prison term

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    COLUMBIA, S.C. — A pregnant Black activist serving four years in prison over comments she made to police during racial justice protests in the summer of 2020 will not receive a lesser sentence, a judge in South Carolina has ruled.

    A jury this spring found Brittany Martin, 34, of Sumter, South Carolina, guilty of breaching the peace in a high and aggravated manner. Martin’s attorneys pushed for the sentence to be reconsidered and expressed concern about her pregnancy and health. Racial justice groups also got involved.

    In an Oct. 5 order, Judge R. Kirk Griffin pointed to Martin’s prior criminal convictions that he said contributed to her original sentence.

    In November 2020, an Iowa judge sentenced Martin to probation for leaving the scene of an injury and willfully causing bodily harm after her teenage son accused her of purposely hitting him with her SUV and driving away. Griffin also noted previous convictions across multiple states for shoplifting, public disorderly conduct and possession of a short-barreled shotgun.

    Sumter County Assistant Solicitor Bronwyn McElveen said in a September filing that Martin has been on probation at least six times.

    “Probation has not been a deterrent to further criminal activities for the Defendant,” Griffin wrote in his order. “An active prison sentence was appropriate in this instance.”

    Breach of the peace is a misdemeanor charge in South Carolina punishable by up to 10 years imprisonment when elevated to a “high and aggravated manner.”

    Police body camera recordings presented in court and shared with the Associated Press show Martin addressing police officers during multiple days of demonstrations.

    “Some of us gon’ be hurting. And some of y’all gon’ be hurting,” Martin told officers in one video. “We ready to die for this. We tired of it. You better be ready to die for the blue. I’m ready to die for the Black.”

    McElveen also said in the filing that Martin’s actions prompted the city to impose a curfew and a local business lost profits because it had to close early.

    The jury in May acquitted Martin of inciting a riot and reached no verdict on pending charges that she threatened public officials’ lives.

    Martin’s lawyers argued that the sentence was inconsistent with similar cases in South Carolina and stiff compared to those doled out for Jan. 6 rioters. In a Wednesday statement, Bakari Sellers, her attorney and a former state lawmaker, said four years is “excessive” and that he intends to appeal.

    Griffin said it was difficult to compare federal convictions from the Jan. 6 riots and the specifics of the case.

    “The sentence in this case was based on the crime committed, the nature and classification of the offense, the Defendant’s prior criminal history/recidivism, and the seriousness of the crime,” Griffin wrote.

    ———

    James Pollard 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 indicates verdict reached in Alex Jones’ trial

    Jury indicates verdict reached in Alex Jones’ trial

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    WATERBURY, Conn. — Jurors indicated Wednesday they have reached a verdict in conspiracy theorist Alex Jones’ Connecticut defamation trial.

    Their decision was expected to be announced shortly.

    Jones and his company were found liable for damages last year. The six-person jury is tasked with determining how much the Infowars show host should pay to 15 plaintiffs — including victims’ families and an FBI agent — for calling the 2012 massacre a hoax.

    The jury has been instructed to arrive at two compensatory damages amounts per plaintiff: one sum for defamation damages and another for emotional distress damages. Jurors also will decide whether Jones should pay punitive damages; the judge would decide the amounts later.

    Each compensatory damages amount has to be at least $1, but there is no cap. The plaintiffs’ lawyers have suggested total damages could be in the hundreds of millions of dollars.

    Jones has bashed the trial as a “kangaroo court,” described it as an affront to free speech rights, and called the judge a “tyrant.” His lawyer told the jury that any damages awarded should be minimal.

    THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

    WATERBURY, Conn. (AP) — Jurors revisited testimony from the husband of a Sandy Hook Elementary School shooting victim as a third full day of deliberations began Wednesday in conspiracy theorist Alex Jones’ Connecticut defamation trial.

    At the jury’s request, court began with a replay of a roughly hourlong audio recording of William Sherlach’s trial testimony. His wife, school psychologist Mary Sherlach, was among the 26 people killed in the 2012 shooting.

    Her husband is among the lawsuit’s 15 plaintiffs, who include victims’ relatives and an FBI agent. All testified about being harassed by people who say the shooting was staged in a plot for more gun control.

    Jones and his company were found liable for damages last year. The six-person jury is tasked with determining how much the Infowars show host should pay to the plaintiffs victims’ families and the FBI agent for calling the massacre a hoax.

    William Sherlach, who goes by Bill, testified that he worried for his and his family’s safety because of the shooting deniers’ vitriol.

    Sherlach testified that he saw online posts falsely positing that the shooting was a hoax; that his wife never existed; that she didn’t have the credentials to be a school psychologist; that his family was actually named Goldberg and lived in Florida; and that he was part of a financial cabal and somehow involved with the school shooter’s father.

    Sherlach didn’t testify about receiving any harassing messages directly, though he also said that he didn’t have social media accounts or use email. Nor did he mention anything that Jones said specifically.

    The jury has been instructed to arrive at two compensatory damages amounts per plaintiff: one sum for defamation damages and another for emotional distress damages. Jurors also will decide whether Jones should pay punitive damages; the judge would decide the amounts later.

    Each compensatory damages amount has to be at least $1, but there is no cap. The plaintiffs’ lawyers have suggested total damages could be in the hundreds of millions of dollars.

    The plaintiffs include an FBI agent who responded to the shooting and relatives of eight victims who died. Twenty children and six educators were killed.

    Jones has bashed the trial as a “kangaroo court,” described it as an affront to free speech rights, and called the judge a “tyrant.” His lawyer told the jury that any damages awarded should be minimal.

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  • Ex-Angels employee gets 22 years in Skaggs overdose death

    Ex-Angels employee gets 22 years in Skaggs overdose death

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    FORT WORTH, Texas — A former Los Angeles Angels employee was sentenced to 22 years in federal prison Tuesday for providing Angels pitcher Tyler Skaggs the drugs that led to his overdose death in Texas.

    Eric Kay, dressed in an orange jumpsuit with handcuffs and leg shackles, didn’t react when U.S. District Judge Terry R. Means read his sentence. Kay faced at least 20 years in prison on one of the two counts.

    There was no reaction from Skaggs’ widow and mother or members of Kay’s family, including one of his sons who read a statement on his behalf before sentencing. A bailiff had warned observers they would be removed from the court over any outbursts.

    Prosecutors presented evidence of Kay, 48, making derogatory comments about Skaggs, his family, prosecutors and jurors in phone calls and emails after he was convicted in February.

    There was emotional testimony from both sides in federal court in Fort Worth, about 15 miles from where the Angels were supposed to open a four-game series against the Texas Rangers on July 1, 2019, the day Skaggs was found dead in a suburban Dallas hotel room.

    Kay was convicted on one count each of drug distribution resulting in death and drug conspiracy. Means recommended Kay serve his time in his home state of California. He has been in prison in Fort Worth since the conviction.

    A coroner’s report said Skaggs, 27, had choked to death on his vomit and that a toxic mix of alcohol, fentanyl and oxycodone was in his system.

    The trial included testimony from five major league players who said they received oxycodone pills from Kay at various times from 2017-19, the years Kay was accused of obtaining pills and giving them to players at Angel Stadium. Kay also used drugs himself, according to testimony and court documents.

    After revealing the sentence, Means said he dreaded this day from the beginning of the case because the 20-year minimum could be considered too harsh for the crime.

    Means said he added two years because of Kay’s comments to his family in jailhouse conversations after the conviction.

    The judge interrupted Kay to quote the former public relations employee as saying in one of those exchanges, “I’m here because of Tyler Skaggs. Well, he’s dead. So (expletive) him.”

    “That’s disgusting,” Kay responded. “I don’t know why I said that. I was mad at the world.”

    Means appeared skeptical, even saying at one point after delivering the sentence that he would probably become a target of Kay’s anger.

    The judge said Kay displayed “a callousness and refusal to accept responsibility and even be remorseful for something that you caused.”

    “Tyler Skaggs wasn’t a perfect person,” the judge said. “But he paid the ultimate price for it.”

    Kay sobbed while one of his three sons spoke to the judge from the lectern in a plea for leniency. Carli Skaggs, the widow, fought back tears much the same way she did when she testified during the trial.

    “Not only am I grieving the loss of my husband,” she said. “I’m grieving the loss of myself.”

    Defense attorney Cody Cofer, who took over after Kay’s two trial lawyers were removed, sought a motion that would have allowed Means to consider a sentence below the 20-year minimum. It was denied.

    “We are very grateful to everyone who worked so hard to investigate and prosecute Eric Kay,” the Skaggs family said in a statement. “Today’s sentencing isn’t about the number of years the defendant received. The real issue in this case is holding accountable the people who are distributing the deadly drug fentanyl.”

    Kay served as the team’s public relations contact on many road trips, and the trip to Texas was his first since returning from rehab. Kay was placed on leave shortly after Skaggs’ death and never returned to the team. He didn’t testify during his trial.

    The government argued at trial that Kay was the only one who could have given Skaggs the drugs that led to his death, that the delivery was in Texas and that fentanyl was the cause of death. Prosecutors say Kay gave Skaggs counterfeit oxycodone pills that contained fentanyl.

    ———

    More AP MLB: https://apnews.com/hub/mlb and https://twitter.com/AP—Sports

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  • Ex-NSA worker accused of selling secrets ordered detained

    Ex-NSA worker accused of selling secrets ordered detained

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    DENVER — A former National Security Agency employee from Colorado accused of trying to sell classified information to Russia will remain behind bars while he is prosecuted, a magistrate judge ruled Tuesday.

    Jareh Sebastian Dalke, 30, is facing a possible life sentence for allegedly giving the information to an undercover FBI agent whom prosecutors say he believed was a person working for the Russian Federation. He pleaded not guilty through his lawyer during a hearing in Denver federal court before a hearing to determine if he should be released from jail.

    Dalke was arrested Sept. 28 after authorities say he arrived at Denver’s downtown train station with a laptop and used a secure connection set up by investigators to transfer some classified documents.

    Magistrate Judge S. Kato Crews said Tuesday the stiff penalty Dalke could face makes him a flight risk along with the sympathies he has allegedly expressed for Russia. Crews also said he was not sure that Dalke, who is accused of sharing the documents after promising not to disclose information he obtained while working at the NSA, would honor any conditions he could impose that would allow Dalke to live with his wife and grandmother in Colorado Springs while the case proceeds. He was also concerned about authentic-looking but counterfeit badges for government agencies, including the NSA, allegedly found during a search of Dalke’s home.

    Dalke’s lawyers had proposed that his wife, who was in court for the hearing, could supervise the Army veteran and report any violations of his bond. However, Crews was concerned whether she would be able to do that, describing Dalke as her “caretaker.”

    One of Dalke’s federal public defenders, David Kraut, said Dalke supported the household with Veterans Administration benefits and had been “supportive” of his wife in difficulties in her life. He said Dalke would not want to put her at risk by not complying with bond conditions. However, Assistant U.S. Attorney Julia K. Martinez said he already had by taking her with him when he went to scout out a public location to transmit the documents.

    Public defender, Kraut, downplayed Dalke’s access to classified information since he only worked at the NSA for less than a month this summer.

    Shortly after he left the agency, citing a family illness, and signed the non-disclosure agreement, he allegedly began talking with the undercover agent using encrypted email.

    Martinez argued that the government does not know whether Dalke obtained more information from the NSA that is stored somewhere else or possibly memorized. She said he has the motivation to sell more secrets if he were to be released.

    “He knows how to make money. Sell secrets to Russia,” said Martinez, who alleged Dalke took the job at the NSA with the intent of selling secrets.

    The information Dalke is accused of providing includes a threat assessment of the military offensive capabilities of a foreign country which is not named. It also includes a description of sensitive U.S. defense capabilities, a portion of which relates to that same foreign country, according to his indictment.

    The Army veteran allegedly told the undercover agent that he had $237,000 in debts and that he had decided to work with Russia because his heritage “ties back to your country.”

    Before Dalke transfered the classified documents, he first sent a thank you letter, which opened and closed in Russian, in which he said he looked “forward to our friendship and shared benefit,” according to court filings.

    Dalke worked for the NSA, the U.S. intelligence agency that collects and analyzes signals from foreign and domestic sources for the purpose of intelligence and counterintelligence, as an information systems security designer. After he left and allegedly provided documents with the undercover agent, prosecutors say he re-applied to work there.

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  • Attorneys: Inmate endured ‘torture’ during execution attempt

    Attorneys: Inmate endured ‘torture’ during execution attempt

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    MONTGOMERY, Ala — An Alabama inmate said prison staff poked him with needles for over an hour as they tried to find a vein during an aborted lethal injection last month. At one point, they left him hanging vertically on a gurney before state officials made the decision to call off the execution.

    Attorneys for 57-year-old Alan Eugene Miller wrote about his experience during Alabama’s Sept. 22 execution attempt in a court filing made last week. Miller’s attorneys are trying to block the state from attempting a second lethal injection.

    Two men in scrubs used needles to repeatedly probe Miller’s arms, legs, feet and hands, at one point using a cell phone flashlight to help their search for a vein, according to the Oct. 6 court filing. The attorneys called Miller the “only living execution survivor in the United States” and said Alabama subjected Miller “to precisely the unnecessary and wanton infliction of pain that the Eighth Amendment was intended to prohibit.”

    Alabama has asked the state Supreme Court to set a new execution date for Miller, saying the execution was canceled only because of a time issue as the state faced a midnight deadline to get the lethal injection underway.

    “Despite this failed execution, the physical and mental torture it inflicted upon Mr. Miller, and the fact that Defendants have now botched three lethal injection executions in just four years, Defendants relentlessly seek to execute Mr. Miller again—presumably by lethal injection,” attorneys for Miller wrote, referencing an execution that was canceled and another that took three hours to get underway.

    “What then, in Defendants’ view, is a constitutional amount of time to spend stabbing someone with needles in an attempt to kill them?” his attorneys wrote.

    The 351-pound (159-kilogram) inmate testified in an earlier court hearing that medical workers always have difficulty accessing his veins, and that is why he wanted to be executed by nitrogen hypoxia, a newly approved execution method that the state has yet to try.

    Miller said he was led into the execution chamber at 10 p.m., about an hour after the U.S. Supreme Court lifted an injunction that had been blocking the lethal injunction, and was strapped to the gurney at about 10:15 p.m.

    After the two men used needles to probe various parts of his body for a vein, also using a phone flashlight to help, Miller told the men, “he could feel that they were not accessing his veins, but rather stabbing around his veins.” Later, a third man then began slapping his neck in an apparent attempt to look for a vein.

    The three men in scrubs stopped their probing and left the chamber after there was a loud knock on a death chamber window from the state’s observation room, according to the court filing. A prison officer then raised the gurney to a vertical position. Miller said the wall clock read 11:40 p.m. and he estimated that he hung there for about 20 minutes before he was let down and told that his execution was cancelled for the evening.

    “Mr. Miller felt nauseous, disoriented, confused, and fearful about whether he was about to be killed, and was deeply disturbed by his view of state employees silently staring at him from the observation room while he was hanging vertically from the gurney. Blood was leaking from some of Mr. Miller’s wounds,” the motion stated.

    Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.

    “Due to the lateness of the hour, the Alabama Department of Corrections was limited in the number of attempts to gain intravenous access it could make. ADOC made the decision to halt its efforts to obtain IV access at approximately 11:30 p.m., resulting in the expiration of the court’s execution warrant,” the state attorney general’s office wrote in the request for a new date.

    This is at least the third time Alabama has acknowledged problems with vein access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. Alabama called off the 2018 execution of Doyle Hamm after being unable to establish an intravenous line.

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  • Weinstein lawyer decries ‘almost medieval’ cell conditions

    Weinstein lawyer decries ‘almost medieval’ cell conditions

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    LOS ANGELES — Harvey Weinstein’s attorney told the judge at his sexual assault trial Tuesday that conditions in the holding cell where he’s being kept after court are “unhygienic” and “almost medieval.”

    Attorney Mark Werksman asked Los Angeles Superior Court Judge Lisa B. Lench for help with the issue at the beginning of the second day of jury selection in the former movie mogul’s trial on 11 counts of rape and sexual assault.

    He said Weinstein is being left alone in his wheelchair for three or four hours in an “unsanitary, fetid” holding cell at the courthouse before he is taken back to jail.

    “It’s almost medieval, the conditions,” Werksman said. “He’s 70 years old. I’m worried about him surviving this ordeal without a heart attack or stroke.”

    Weinstein, and the panel of 71 jurors who were brought in to fill out an initial questionnaire on Tuesday, were not yet present during Werksman’s remarks.

    Lench replied that she would talk to deputies from the Los Angeles County Sheriff’s Department, which runs the jails and transports inmates to court, but that her power was limited over the matter.

    “I’m not minimizing it, I’m just not sure there’s a lot to be done,” she said.

    Weinstein, who is allowed to change into a suit from his jail attire for trial, was wheeled into the courtroom soon after, and slowly and carefully climbed into a seat at the defense table.

    Werksman then raised the issue again, suggesting Weinstein didn’t have a toilet to use in the cell.

    Lench replied, “He’s not deprived of a toilet, there is a toilet in the cell. I’m not going to let the record reflect that he’s deprived of a toilet.”

    Werksman said he didn’t mean to suggest there was no toilet at all, but said “It is unhygienic, it is virtually unusable, it is medieval.”

    An email seeking comment from the Sheriff’s Department was not immediately returned.

    Weinstein’s attorneys have brought up his failing health repeatedly both during his New York trial, where he was sentenced to 23 years in prison for convictions of rape and sexual assault, and in his pre-trial hearings in Los Angeles.

    He was hospitalized with chest pains and had a heart procedure immediately after he was found guilty in New York in February of 2020, and was diagnosed with COVID-19 in prison in the first weeks of the pandemic.

    His lawyers have said he has diabetes and is “technically blind.” They have asked the judge for permission to see an outside dentist because the one he sees in jail keeps pulling out his teeth.

    In court, he appears pale and frail, looking nothing like the bearish man who once lorded over the Oscars every year.

    Weinstein’s trial, which comes five years after women’s stories about him gave momentum to the #MeToo movement, is expected to last eight weeks. With the slow process of screening and selecting jurors from a pool or more than 200, opening statements aren’t expected until Oct. 24.

    ———

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

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  • Judge keeps slain Vegas reporter’s files protected, for now

    Judge keeps slain Vegas reporter’s files protected, for now

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    LAS VEGAS — Las Vegas police, prosecutors and defense attorneys must wait to access a slain investigative journalist’s cellphone and electronic devices, over concerns about revealing the reporter’s confidential sources and notes, a judge said Tuesday.

    Clark County District Court Judge Susan Johnson said the pause will last until all sides craft a way for a neutral party to screen the records.

    The judge granted a Las Vegas Review-Journal request to block immediate review of the records, which are expected to include source names and notes by reporter Jeff German.

    Police and prosecutors say they need access to German’s records for evidence that Robert “Rob” Telles, a former Democratic elected county official, fatally stabbed German on Sept. 2 in response to articles German wrote that were critical of Telles and his managerial conduct.

    The newspaper — with backing from dozens of media organizations including The Associated Press and The Reporters Committee for Freedom of the Press — maintains that confidential information, names and unpublished material are protected from disclosure under state and federal law.

    Telles, 45, the Clark County public administrator, was arrested Sept. 7 and remains jailed without bail on a murder charge. Authorities say surveillance video, Telles’ DNA on German’s body and evidence found at Telles’ home connect him to the killing.

    Johnson acknowledged that because it is rare for U.S. journalists to be killed allegedly because of their work, there was little legal precedent that could be followed to allow investigators to search German’s files.

    German, 69, was widely respected for his tenacity and confidential contacts in 44 years of reporting on organized crime, government corruption, political scandals and mass shootings — first at the Las Vegas Sun and then at the Review-Journal.

    Attorney David Chesnoff, representing the Review-Journal, said the judge needs to balance First Amendment rights of the media with the interests of police and prosecutors. He also acknowledged Telles’ defense team’s constitutional right to access to information about German’s killing, including identities of other people who might have had a motive to attack him.

    “It will have a long-term and chilling effect on sources and journalists receiving information from sources,” Chesnoff said, “if it’s OK to kill a journalist so that then everything that journalist dedicated himself to” can be exposed. “That would be outrageous,” he said.

    The Review-Journal argues that police should never have seized German’s cellphone, computers and hard drive. It cites Nevada’s so-called “news shield law” — among the strictest in the U.S. — along with federal Privacy Protection Act and First Amendment safeguards.

    “We are dealing with something unique,” the judge observed from the bench. “Everybody in this room is probably on his phone as far as a contact, right? I may be in his contact list.”

    Johnson said Las Vegas Metropolitan Police Department homicide detectives should have access to relevant electronic information. She said German’s files and contact lists could first be reviewed by a three-person team appointed by the court.

    “I’m leaning toward two trusted Metro officers that are higher-ups,” along with a respected former U.S. magistrate judge, Johnson said. She set an Oct. 19 date for ruling and added that she “wouldn’t be horrified” if the seven-member Nevada Supreme Court reviewed her decision to provide guidance about how to proceed.

    Chesnoff, with Ashley Kissinger also representing the Review-Journal and media, said there was no way to know who in Las Vegas police ranks had ties to the slain reporter. Chesnoff urged Johnson to enlist police investigators from outside Las Vegas for the review panel.

    Attorney Matthew Christian, representing the police department, acknowledged the issue might need state high court review.

    But Las Vegas police “have a duty to run down a complete investigation, and the victim’s devices are always part of that,” he said.

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  • Attorneys argue over school shooter’s fate: death or prison

    Attorneys argue over school shooter’s fate: death or prison

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    FORT LAUDERDALE, Fla. — The prosecutor and defense attorney for Florida school shooter Nikolas Cruz agreed Tuesday that his 2018 attack that killed 17 people was horrible, but disagreed in their closing arguments on whether it was an act of evil worthy of execution or one of a broken person who should be imprisoned for life.

    Lead prosecutor Mike Satz and his defense counterpart, Melisa McNeill, painted for the 12 jurors competing pictures of what drove Cruz’s attack at Parkland’s Marjory Stoneman Douglas High School on Valentine’s Day.

    For Satz, Cruz was driven by antisocial personality disorder — in lay terms, he’s a sociopath. He deserves a death sentence because he “was hunting his victims” as he stalked a three-story classroom building for seven minutes. He fired his AR-15-style semiautomatic rifle into some victims at close range and returned to wounded victims as they lay helpless “to finish them off.”

    Satz pointed to Cruz’s internet writings and videos, where he talked about his murderous desires such as when he wrote, “No mercy, no questions, double tap. I am going to kill a … ton of people and children.”

    “It is said that what one writes and says is a window into their soul,” Satz said as the three-month trial neared its conclusion. The killings, he said, “were unrelentlessly heinous, atrocious and cruel.”

    McNeill said neither Cruz nor herself has ever denied what he did and that “he knew right from wrong and he chose wrong.” But she said the former Stoneman Douglas student is “a broken, brain-damaged, mentally ill young man,” doomed from conception by the heavy drinking and drug use of his birth mother during pregnancy. She argued for a sentence of life without parole, assuring them he will never walk free again.

    “It’s the right thing to do. Mercy is what makes us civilized. Giving mercy to Nikolas will say more about who you are than it will ever say about him,” McNeill told the jury.

    Cruz, 24, pleaded guilty a year ago to murdering 14 students and three staff members and wounding 17 others.

    The jury will only decide his sentence, and a unanimous vote is required for death. Jurors can vote for death if they believe the prosecution’s mitigating factors such as the multiple deaths and the planning outweigh the defense’s mitigating factors such as his birth mother’s drinking. They can also vote for life out of mercy for Cruz. Deliberations are expected to begin Wednesday.

    Cruz, dressed in an off-white sweater, sat impassively during the presentations, occasionally exchanging notes with his attorneys. A large number of the victims’ parents, wives and family members packed their section of the courtroom, many of them weeping during Satz’s presentation. The mother of a murdered 14-year-old girl fled the courtroom before bursting into loud sobs in the hallway. Just minutes earlier, the families had greeted each other with smiles, handshakes and hugs.

    Satz meticulously went through the murders, reminding the jurors how each victim died and how Cruz looked some in the eye before he shot them multiple times.

    “They all knew what was going on, what was going to happen,” Satz said.

    As he had during the trial, Satz played security videos of the shooting and showed photos. He talked about the death of one 14-year-old girl. Cruz shot her and then went back to shoot her again, putting his gun against her chest.

    “Right on her skin. She was shot four times and she died,” Satz said. He then noted a YouTube comment, which jurors saw during the trial, in which Cruz said: “I don’t mind shooting a girl in the chest.”

    “That’s exactly what he did,” Satz said.

    His voice breaking, Satz concluded his two-hour presentation by reciting the victims’ names, then saying that for their murders “the appropriate sentence for Nikolas Cruz is the death penalty.”

    McNeill during her presentation acknowledged the horror Cruz inflicted and said jurors have every right to be angry, “but how many times have we made decisions based solely on anger and regretted it?”

    She focused on her belief that heavy drinking by his birth mother, Brenda Woodard, during pregnancy left him with fetal alcohol spectrum disorder. She said that accounts for his bizarre, troubling and sometimes violent behavior starting at age 2.

    “There is no time in our lives when we are more vulnerable to the will and the whims of another human being than when we are growing and developing in the wombs of our mothers,” McNeill said. Woodard “poisoned him in the womb. He was doomed in the womb.”

    She said Cruz’s increasingly erratic personality left his widowed adoptive mother, Lynda Cruz, overwhelmed. He punched holes in walls when he lost video games, destroyed furniture and killed animals. Visitors described the home as “a war zone,” McNeill said.

    She pleaded with the jurors to give Cruz a life sentence, telling them that even if they are the only holdout they shouldn’t fear what the reaction will be from the families or the community.

    Gesturing toward the victims’ families, she said, “There is no punishment you could ever give Nikolas Cruz that would ever make him suffer as much as those people have and as much as they will continue to suffer every single day.”

    “Sentencing Nikolas to death will not change that. It will not bring back those 17 dead people. Sentencing Nikolas to death will literally serve no purpose other than vengeance,” she said. Instead, she said, “Look into your heart. Look into your soul. The right thing here, not the popular thing, is a life sentence.”

    Cruz’s massacre is the deadliest mass shooting that has ever gone to trial in the U.S. Nine other people in the U.S. who fatally shot at least 17 people died during or immediately after their attacks by suicide or police gunfire. The suspect in the 2019 massacre of 23 at an El Paso, Texas, Walmart is awaiting trial.

    ———

    Associated Press reporters Freida Frisaro in Miami and Curt Anderson in St. Petersburg, Florida, contributed to this report.

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  • Potential jurors questioned in NYC bike path attack trial

    Potential jurors questioned in NYC bike path attack trial

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    NEW YORK — A judge began questioning Tuesday a few of the hundreds of prospective jurors summoned for the trial of a man charged with killing eight people on a New York City bike path in a terror attack five years ago.

    Sayfullo Saipov, 34, who has pleaded not guilty to charges that are eligible for the death penalty, was not in the courtroom for the start of the weekslong process of jury selection.

    The government has not yet said whether it will seek the death penalty if Saipov, an immigrant from Uzbekistan, is convicted on terrorism charges.

    He was charged with driving a truck into people on a bike path near the Hudson River in lower Manhattan on Oct. 31, 2017.

    Saipov emerged from a truck to strike pedestrians with a pellet gun and a paintball gun and shout an Arabic phrase, “Allahu Akbar,” meaning “God is Great,” authorities said. He was shot by a police officer and arrested along the West Side Highway.

    At a June 2018 court appearance, Saipov said through an interpreter that he cared about Allah and the holy war being waged by the Islamic State.

    U.S. District Judge Vernon S. Broderick told potential jurors that if they are chosen, they won’t return for opening statements until late October or early November. The trial could last until the end of January, he said.

    Initially, he is questioning about 15 possible jurors a day among over 700 who filled out questionnaires in August. Some questions focused Tuesday on answers some jurors had given to questions about the death penalty.

    One woman, for instance, said that she doesn’t believe in the death penalty, but that she would keep an open mind and make decisions based on the evidence and the facts.

    “Personally, I don’t believe in it, but if I have to make a decision, I will,” she said.

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  • Memorial at New Hampshire church honors slain journalist

    Memorial at New Hampshire church honors slain journalist

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    A stone memorial for slain journalist James Foley stands near flowers, Sunday, Oct. 9, 2022, outside St. Katharine Drexel Church, in Alton, N.H. Foley, a freelance journalist, was among a group of Westerners brutally murdered in Islamic State captivity in Syria in 2014. He grew up in Wolfeboro and attended St. Katharine Drexel Church in Alton, where the memorial was unveiled Sunday. (Photo/Rosemary Sullivan via AP)

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  • Supreme Court rejects appeal from Dylann Roof, who killed 9

    Supreme Court rejects appeal from Dylann Roof, who killed 9

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    WASHINGTON — The Supreme Court has rejected an appeal from Dylann Roof, who challenged his death sentence and conviction in the 2015 racist slayings of nine members of a Black South Carolina congregation.

    Roof had asked the court to decide how to handle disputes over mental illness-related evidence between capital defendants and their attorneys. The justices did not comment Tuesday in turning away the appeal.

    Roof fired his attorneys and represented himself during the sentencing phase of his capital trial, part of his effort to block evidence potentially portraying him as mentally ill.

    Roof shot participants at a Bible study session at Mother Emanuel AME Church in Charleston, South Carolina.

    A panel of appellate judges had previously upheld his conviction and death sentence.

    Roof, 28, is on federal death row at a maximum-security prison in Terre Haute, Indiana. He can still pursue other appeals.

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  • California man charged in family’s kidnapping, slaying

    California man charged in family’s kidnapping, slaying

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    MERCED, Calif. — Prosecutors on Monday charged a California man in the kidnapping and killings of an 8-month-old baby, her parents and uncle.

    Jesus Salgado is accused of kidnapping the family at gunpoint from their trucking business on Oct. 3. Authorities say Salgado, a former employee with a longstanding dispute, likely killed them within an hour.

    Their bodies were not found until late Wednesday, when a farm worker in an almond orchard in a remote area of the San Joaquin Valley, California’s agricultural heartland, discovered the remains of Aroohi Dheri; her 27-year-old mother Jasleen Kaur; her 36-year-old father Jasdeep Singh; and her 39-year-old uncle Amandeep Singh.

    Salgado, 48, tried to kill himself a day after the kidnappings before he was taken into custody. He faces four counts of first-degree murder with special circumstances, the Merced County District Attorney’s Office announced Monday. If convicted, he could spend the rest of his life in prison without the possibility of parole.

    The special circumstances allege that the slayings were committed during the commission of a kidnapping and were part of multiple killings in the same case.

    Salgado appeared in court Monday on video, KFSN reported. He did not enter a plea and asked for more time to find an attorney. He is scheduled to return to court Thursday.

    Merced County Sheriff Vern Warnke last week would not discuss the condition of the adults’ remains in the orchard and said it was unclear how the baby died. Warnke said the child had no visible trauma.

    Warnke called for Salgado to face the death penalty. But District Attorney Kimberly Lewis on Monday said she would defer that decision to next year.

    Salgado is also charged with arson and the possession of a firearm by a prohibited person. He was previously convicted of first-degree robbery with the use of a firearm in Merced County, attempted false imprisonment and an attempt to prevent or dissuade a victim or witness after he held a family he had worked for at gunpoint and forced them to follow his orders nearly 20 years ago.

    In 2007, he was sentenced to 11 years in state prison in that case. He was released in 2015 and discharged from parole three years later, according to the California Department of Corrections and Rehabilitation. He also has a conviction for possession of a controlled substance, the department said.

    Salgado’s younger brother Alberto Salgado, 41, was arrested late Thursday and accused of criminal conspiracy, accessory, and destroying evidence.

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  • California governor’s wife among accusers at Weinstein trial

    California governor’s wife among accusers at Weinstein trial

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    LOS ANGELES — Jennifer Siebel Newsom, a documentary filmmaker and actor who is married to California Gov. Gavin Newsom, is among the accusers of Harvey Weinstein who will testify at his rape and sexual assault trial that began Monday, her attorney said.

    “Like many other women, my client was sexually assaulted by Harvey Weinstein at a purported business meeting that turned out to be a trap,” Newsom’s attorney Elizabeth Fegan said in a statement. “She intends to testify at his trial in order to seek some measure of justice for survivors, and as part of her life’s work to improve the lives of women.”

    Weinstein, the 70-year-old former movie mogul who is serving a 23-year prison sentence after a conviction in New York, has pleaded not guilty to 11 counts of rape and sexual assault involving Newsom and four other women. All of them will testify as Jane Doe during the eight-week trial in a Los Angeles court, where jury selection began Monday.

    The Associated Press does not normally name people who say they’ve been sexually abused, but Newsom agreed to be named through her attorney.

    The news of her involvement was first reported by The Los Angeles Times.

    Newsom, 48, appeared in small roles in dozens of films and television shows between 2002 and 2011. Recently she has directed documentaries including “The Great American Lie” in 2020 and “Fair Play” from this year. Both deal with gender in society.

    She wrote about her experience with Weinstein in a 2017 essay in the Huffington Post after the New York Times and New Yorker stories made him a magnet of the #MeToo movement, but gave few details.

    Weinstein, who is being held in a Los Angeles County jail, was brought Monday into court in a wheelchair through a side door, and climbed from it carefully into a seat next to one of his lawyers at the defense table. He was wearing a blue suit, which he is allowed to change into from his jail attire during the trial.

    He stood with the rest of the room as the first panel of 67 prospective jurors were brought in, but sat down about halfway through the process. He waved at them from his seat when his lawyers introduced them.

    The jurors were given a lengthy questionnaire intended to screen out those who need to be dismissed. Both the questions and answers on the forms are private, but previous hearings on its contents revealed that it contains questions on how much media coverage of Weinstein they have seen, and whether they have formed opinions from it, though the judge rejected questions on specific stories and media outlets.

    The prosecution will be allowed to introduce as evidence parts of Weinstein’s conviction for rape and sexual assault, where the state’s highest court has agreed to hear his appeal.

    The questionnaire also includes a question about a California law that says the testimony alone of a sexual assault victim can be sufficient evidence to convict if a juror believes them.

    The jurors were also given a long list of names of witnesses in the coming trial, including those of the accusers to determine whether they have any connection to them. The initial witness list in the case had more than 270 names, though fewer than half that are expected. Most of the prospective witness list has not been made public.

    One witness, Barbara Schneeweiss, a producer on “Project Runway” and other television shows, was present in court early Monday and was told by a judge she was on call to come in at any time.

    Two more panels of up to 75 jurors will be brought in Tuesday and Wednesday. Questioning of individual jurors is not expected to begin until next week, and opening statements may not begin for two weeks.

    The trial comes five years after women’s stories about Weinstein made the #MeToo movement explode.

    Weinstein is charged with four counts of rape and seven other sexual assault counts.

    Most of the incidents in his indictment, like Newsom’s, happened under the guise of business meetings at luxury hotels in Beverly Hills and Los Angeles, which Weinstein used as his California headquarters and where he could be seen during awards season and throughout the year. Four of them occurred during Oscars week 2013, when Weinstein releases “Silver Linings Playbook” and “Django Unchained” would win Academy Awards.

    ———

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

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  • Jury in 3rd trial won’t hear earlier results in Whitmer plot

    Jury in 3rd trial won’t hear earlier results in Whitmer plot

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    The results of two federal trials won’t be shared with jurors hearing evidence against three men who are charged in connection with a plot to kidnap Michigan Gov. Gretchen Whitmer, a judge said Monday.

    Defense lawyers pressed a judge in Jackson, Michigan, to let the jury know what happened to the six men who were separately charged with conspiracy in federal court.

    An FBI agent has presented text messages, social media posts and recorded conversations to try to tie the three men to the others who were considered bigger players in the scheme. But two of those six were acquitted earlier this year, a result that wasn’t revealed during Hank Impola’s testimony.

    “Bring it all in,” Leonard Ballard, an attorney for Joe Morrison, urged Judge Thomas Wilson with the jury out of the courtroom.

    “It’s the truth and it’s the whole truth,” Ballard said. “I’m not comfortable with us continuing to tap dance around.”

    Morrison, Pete Musico and Paul Bellar are charged in state court with providing material assistance for a terrorist act. They were members of a paramilitary group, the Wolverine Watchmen, that held training sessions, but they’re not accused of having a direct role in the kidnapping plot.

    Wilson agreed that the results of the federal case could be relevant to the defense. But he said disclosure could be unfair to prosecutors.

    “We’re dealing with different charges,” the judge said. “As attorneys, I think that’s much easier to understand. But when it comes to a jury of 12 lay people to understand those differences, I’m concerned that it would be overly prejudicial.”

    Wilson said jurors might think: “’Well, if they got off, why shouldn’t these guys get off?’ The charges were significantly different and more serious.”

    Daniel Harris and Brandon Caserta were acquitted of conspiracy in federal court last spring. Adam Fox and Barry Croft Jr., were convicted in August. Ty Garbin and Kaleb Franks pleaded guilty.

    The six were accused of training and planning to kidnap Whitmer at her vacation home in 2020 to ignite a civil war, known to anti-government extremists as the “boogaloo.” The FBI, however, had undercover agents and informants inside the group and broke it up.

    ———

    White reported from Detroit.

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