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Tag: Local courts

  • Indiana judge issues gag order in case of 2 slain teen girls

    Indiana judge issues gag order in case of 2 slain teen girls

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    DELPHI, Ind. — An Indiana judge imposed a gag order on Friday in the case of a man charged in the notorious slayings of two teenage girls.

    Richard Matthew Allen, 50, of Delphi, is charged with murder in the killings of Liberty German, 14, and Abigail Williams, 13, whose bodies were found after they went on a hike just outside the same small town nearly six years ago.

    Allen County Judge Fran Gull’s order applies to attorneys, law enforcement officials, court personnel, the coroner and the girls’ family members. It bars them “from commenting on this case to the public and to the media, directly or indirectly, by themselves or through any intermediary, in any form, including any social media platforms.”

    Anyone violating the order could be charged with contempt of court and face a fine or incarceration, Gull wrote.

    Prosecutors had sought the order, citing intense public scrutiny and media attention. Gull, who was brought in as a special judge to oversee the case after a Carroll County judge recused himself, said she’d review her order at a Jan. 13 hearing where she’ll also consider a change of venue request. The defense wants the trial held at least 150 miles from Delphi, arguing it will be difficult to find impartial jurors in Carroll County.

    Abby and Libby went missing on Feb. 13, 2017, while hiking on a trail near their hometown, Delphi, which is about 60 miles (100 kilometers) northwest of Indianapolis. Their bodies were found the next day in a rugged, heavily wooded area.

    On Tuesday, Gull ordered the public release of a redacted probable cause affidavit and charging documents, which had been sealed at the prosecutor’s request.

    The affidavit states that an unspent bullet found between the bodies of Libby and Abby “had been cycled through” a pistol owned by Allen. Investigators determined Allen had purchased that gun in 2001. Allen told police two days before his Oct. 28 arrest that he had never allowed anyone to borrow the gun, according to the affidavit.

    The affidavit also states that Allen told an officer in 2017 that on the day the teens vanished, he had visited the Monon High Bridge, an abandoned railroad bridge the youths had also visited that day.

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  • Georgia asks court to immediately reinstate abortion ban

    Georgia asks court to immediately reinstate abortion ban

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    ATLANTA — Georgia officials asked a court on Friday to immediately block a judge’s ruling striking down the state’s abortion ban. The ruling allowed the procedure to again be performed beyond about six weeks of pregnancy.

    Fulton County Superior Court Judge Robert McBurney’s decision earlier this week was “remarkable” and relied on a “wholly unsupported theory that has no basis in law, precedent, or common sense,” the state attorney general’s office said in court documents filed with the Georgia Supreme Court.

    It asked the high court for an order immediately putting McBurney’s decision on hold while the justices take more time to consider an appeal. Such an order would restore the state’s ban on abortion, which started roughly six weeks into pregnancy.

    “This Court should stay the lower court’s decision now, without waiting to overrule it months down the line, while untold numbers of unborn children suffer the permanent consequences,” Georgia Solicitor General Stephen Petrany wrote.

    The American Civil Liberties Union of Georgia, which represented doctors and advocacy groups that asked McBurney to throw out the law, said the judge’s ruling was correct and should stand. It also noted that abortion providers resumed performing the procedure past six weeks following his ruling.

    “Appropriate reproductive health care has restarted in this state, and it should continue — with Georgia’s women and their partners being free to make private decisions about when and whether to have a family, without politicians,” ACLU of Georgia Executive Director Andrea Young said in a statement.

    McBurney ruled Tuesday that the state’s abortion ban was invalid because when it was signed into law in 2019, U.S. Supreme Court precedent under Roe. v. Wade and another ruling allowed abortion well past six weeks. Legislatures exceed their authority when they enact laws that violate a constitutional right declared by the judicial branch, he wrote, adding that such laws are void when they are passed.

    The decision immediately prohibited enforcement of the abortion ban statewide. It had been in effect since July and prohibited most abortions once a “detectable human heartbeat” was present.

    Cardiac activity can be detected by ultrasound in cells within an embryo that will eventually become the heart around six weeks into a pregnancy. That means most abortions in Georgia were effectively banned at a point before many people knew they were pregnant.

    In his court filing, Petrany noted that Georgia’s ban went into effect after the U.S. Supreme Court in June overturned Roe v. Wade. When judicial precedents are overruled, they were never the law, he wrote.

    “No other court has ever held that an overruled judicial opinion can, like a zombie rising from the grave, invalidate otherwise perfectly valid laws,” he claimed.

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  • Judge recuses himself from case of slain Indiana girls

    Judge recuses himself from case of slain Indiana girls

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    DELPHI, Ind. — A northern Indiana judge has recused himself from the case of two slain teenage girls, an Indiana Supreme Court spokeswoman said Thursday.

    The Indiana Supreme Court is in the process of appointing Allen County Superior Court Judge Fran Gull as special judge in the case after Carroll Circuit Court Judge Benjamin Diener’s recusal, spokeswoman Kathryn Dolan said.

    “A judge does not have to explain a reason for recusal,” Dolan said in an email to the news media.

    Diener’s recusal came on the same day he approved a request from Carroll County Sheriff Tobe Leazenby to transfer Richard Allen, the suspect in the 2017 killings, to the Indiana Department of Corrections for safety reasons.

    In the order to transfer Allen, Diener wrote, “This FINDING is not predicated on any acts or alleged acts of the Defendant, since arrest, rather a toxic and harmful insistence on ‘public information’ about Defendant and this case.”

    Diener said the court found Allen to be in “imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others.”

    He also addressed what he termed the “public bloodlust for information” in the case, calling it dangerous and saying all public servants working on the case do not feel safe or protected.

    The order went on to state the public’s desire to learn about the case and access court records was “inherently disruptive” to court operations

    Allen is being held on $20 million bond, online court records show.

    Allen, 50, was arrested Friday on two murder counts in the killings of Liberty German, 14, and Abigail Williams, 13, in a case that has haunted Delphi.

    The deaths were ruled a double homicide, but police have never disclosed how they died or described what evidence they gathered. A relative had dropped them off at a hiking trail near the Monon High Bridge just outside their hometown of Delphi, about 60 miles (97 kilometers) northwest of Indianapolis. Their bodies were found the next day, Feb. 14, 2017, in a rugged, heavily wooded area near the trail.

    Diener entered a not-guilty plea for Allen at his initial hearing on Friday.

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  • Community with Confederate monument gets Emmett Till statue

    Community with Confederate monument gets Emmett Till statue

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    JACKSON, Miss. — A Mississippi community with an elaborate Confederate monument plans to unveil a larger-than-life statue of Emmett Till on Friday, decades after white men kidnapped and killed the Black teenager for whistling at a white woman in a country store.

    The 1955 lynching became a catalyst for the civil rights movement after Till’s mother, Mamie Till-Mobley, insisted on an open-casket funeral in Chicago so the world could see the horrors inflicted on her 14-year-old son. Jet magazine published photos of his mutilated body, which had been pulled from the Tallahatchie River in Mississippi.

    The 9-foot (2.7-meter) bronze statue in Greenwood is a jaunty depiction of the living Till in slacks, a dress shirt and a tie with one hand on the brim of a hat.

    The Rev. Wheeler Parker Jr., the last living witness to the kidnapping of his cousin Till from a family home, said he won’t be able to travel from Illinois to attend Friday’s dedication ceremony. But he told The Associated Press on Wednesday: “We just thank God someone is keeping his name out there.”

    The Till statue at Greenwood’s Rail Spike Park is a short drive from an elaborate Confederate monument outside the Leflore County Courthouse and about 10 miles (16 kilometers) from the crumbling remains of the store, Bryant’s Grocery & Meat Market in the hamlet of Money.

    The unveiling of the statue coincides with the release this month of “Till,” a movie focusing on Till-Mobley’s private trauma over her son’s death and her development into a civil rights activist.

    A life-sized bronze statue of Till-Mobley is planned in the Chicago suburb of Summit. An Oct. 28 groundbreaking is set for a plaza outside Argo Community High School, where she was an honor student. The statue is scheduled to be in place by late April.

    Some wrongly thought Till got what he deserved for breaking the taboo of flirting with a white woman and many people didn’t want to talk about the case for decades, Parker said.

    “Now there’s interest in it, and that’s a godsend,” Parker said. “You know what his mother said: ‘I hope he didn’t die in vain.’”

    Greenwood and Leflore County are both more than 70% Black and officials have worked for years to bring the Till statue to reality. Democratic state Sen. David Jordan of Greenwood secured $150,000 in state funding and the community commissioned a Utah artist, Matt Glenn, to create the statue.

    Jordan said he hopes it will entice tourists to visit Greenwood and learn more about the history of the area.

    “So much has been said about this case,” Jordan said this week. “Hopefully, it will bring all of us together.”

    Till and Parker had traveled from Chicago to spend the summer of 1955 with relatives in the deeply segregated Mississippi Delta. On Aug. 24, the two teens joined other young people in a short trip to the store in Money. Parker said he heard Till whistle at shopkeeper Carolyn Bryant.

    Four days later, Till was abducted in the middle of the night from his uncle’s home. The kidnappers tortured and shot him, weighted his body down with a cotton gin fan and dumped him into the river.

    Jordan, who is Black, was a college student in September 1955 when he drove to the Tallahatchie County Courthouse in Sumner to watch the murder trial of two white men charged with killing Till — Carolyn’s husband Roy Bryant and his half brother, J.W. Milam.

    An all-white, all-male jury acquitted the two men, who later confessed to Look magazine that they had killed Till.

    Nobody has ever been convicted in the lynching. The U.S. Justice Department has opened multiple investigations starting in 2004 after receiving inquiries about whether charges could be brought against anyone still living.

    In 2007, a Mississippi prosecutor presented evidence to a grand jury of Black and white Leflore County residents after investigators spent three years re-examining the killing. The FBI exhumed Till’s body to prove he, and not someone else, was buried at his gravesite in the Chicago suburb of Alsip. The grand jury declined to issue indictments.

    The Justice Department reopened an investigation in 2018 after a 2017 book quoted Carolyn Bryant — now remarried and named Carolyn Bryant Donham — saying she lied when she claimed Till grabbed her, whistled and made sexual advances. Relatives have publicly denied Donham, who is in her 80s, recanted her allegations. The department closed that investigation in late 2021 without bringing charges.

    This year, a group searching the Leflore County Courthouse basement found an unserved 1955 arrest warrant for “Mrs. Roy Bryant.” In August, another Mississippi grand jury found insufficient evidence to indict Donham, causing consternation for Till relatives and activists.

    Although Mississippi has dozens of Confederate monuments, some have been moved in recent years, including one that was relocated in 2020 from a prominent spot on the University of Mississippi campus to a cemetery where Confederate soldiers are buried.

    The state has a few monuments to Black historical figures, including one honoring civil rights activist Fannie Lou Hamer.

    A historical marker outside Bryant’s Grocery has been knocked down and vandalized. Another marker near the site where Till’s body was pulled from the Tallahatchie River has been vandalized and shot. The Till statue in Greenwood will be watched by security cameras.

    “Anytime they take it down,” Jordan said, “we’ll just place it back up.”

    ———

    Follow Emily Wagster Pettus on Twitter at http://twitter.com/EWagsterPettus.

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  • Community with Confederate monument gets Emmett Till statue

    Community with Confederate monument gets Emmett Till statue

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    JACKSON, Miss. — A Mississippi community with an elaborate Confederate monument plans to unveil a larger-than-life statue of Emmett Till on Friday, decades after white men kidnapped and killed the Black teenager for whistling at a white woman in a country store.

    The 1955 lynching became a catalyst for the civil rights movement after Till’s mother, Mamie Till-Mobley, insisted on an open-casket funeral in Chicago so the world could see the horrors inflicted on her 14-year-old son. Jet magazine published photos of his mutilated body, which had been pulled from the Tallahatchie River in Mississippi.

    The 9-foot (2.7-meter) bronze statue in Greenwood is a jaunty depiction of the living Till in slacks, a dress shirt and a tie with one hand on the brim of a hat.

    The Rev. Wheeler Parker Jr., the last living witness to the kidnapping of his cousin Till from a family home, said he won’t be able to travel from Illinois to attend Friday’s dedication ceremony. But he told The Associated Press on Wednesday: “We just thank God someone is keeping his name out there.”

    The Till statue at Greenwood’s Rail Spike Park is a short drive from an elaborate Confederate monument outside the Leflore County Courthouse and about 10 miles (16 kilometers) from the crumbling remains of the store, Bryant’s Grocery & Meat Market in the hamlet of Money.

    The unveiling of the statue coincides with the release this month of “Till,” a movie focusing on Till-Mobley’s private trauma over her son’s death and her development into a civil rights activist.

    A life-sized bronze statue of Till-Mobley is planned in the Chicago suburb of Summit. An Oct. 28 groundbreaking is set for a plaza outside Argo Community High School, where she was an honor student. The statue is scheduled to be in place by late April.

    Some wrongly thought Till got what he deserved for breaking the taboo of flirting with a white woman and many people didn’t want to talk about the case for decades, Parker said.

    “Now there’s interest in it, and that’s a godsend,” Parker said. “You know what his mother said: ‘I hope he didn’t die in vain.’”

    Greenwood and Leflore County are both more than 70% Black and officials have worked for years to bring the Till statue to reality. Democratic state Sen. David Jordan of Greenwood secured $150,000 in state funding and the community commissioned a Utah artist, Matt Glenn, to create the statue.

    Jordan said he hopes it will entice tourists to visit Greenwood and learn more about the history of the area.

    “So much has been said about this case,” Jordan said this week. “Hopefully, it will bring all of us together.”

    Till and Parker had traveled from Chicago to spend the summer of 1955 with relatives in the deeply segregated Mississippi Delta. On Aug. 24, the two teens joined other young people in a short trip to the store in Money. Parker said he heard Till whistle at shopkeeper Carolyn Bryant.

    Four days later, Till was abducted in the middle of the night from his uncle’s home. The kidnappers tortured and shot him, weighted his body down with a cotton gin fan and dumped him into the river.

    Jordan, who is Black, was a college student in September 1955 when he drove to the Tallahatchie County Courthouse in Sumner to watch the murder trial of two white men charged with killing Till — Carolyn’s husband Roy Bryant and his half brother, J.W. Milam.

    An all-white, all-male jury acquitted the two men, who later confessed to Look magazine that they had killed Till.

    Nobody has ever been convicted in the lynching. The U.S. Justice Department has opened multiple investigations starting in 2004 after receiving inquiries about whether charges could be brought against anyone still living.

    In 2007, a Mississippi prosecutor presented evidence to a grand jury of Black and white Leflore County residents after investigators spent three years re-examining the killing. The FBI exhumed Till’s body to prove he, and not someone else, was buried at his gravesite in the Chicago suburb of Alsip. The grand jury declined to issue indictments.

    The Justice Department reopened an investigation in 2018 after a 2017 book quoted Carolyn Bryant — now remarried and named Carolyn Bryant Donham — saying she lied when she claimed Till grabbed her, whistled and made sexual advances. Relatives have publicly denied Donham, who is in her 80s, recanted her allegations. The department closed that investigation in late 2021 without bringing charges.

    This year, a group searching the Leflore County Courthouse basement found an unserved 1955 arrest warrant for “Mrs. Roy Bryant.” In August, another Mississippi grand jury found insufficient evidence to indict Donham, causing consternation for Till relatives and activists.

    Although Mississippi has dozens of Confederate monuments, some have been moved in recent years, including one that was relocated in 2020 from a prominent spot on the University of Mississippi campus to a cemetery where Confederate soldiers are buried.

    The state has a few monuments to Black historical figures, including one honoring civil rights activist Fannie Lou Hamer.

    A historical marker outside Bryant’s Grocery has been knocked down and vandalized. Another marker near the site where Till’s body was pulled from the Tallahatchie River has been vandalized and shot. The Till statue in Greenwood will be watched by security cameras.

    “Anytime they take it down,” Jordan said, “we’ll just place it back up.”

    ———

    Follow Emily Wagster Pettus on Twitter at http://twitter.com/EWagsterPettus.

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  • Max Baer, Pennsylvania Supreme Court’s chief justice, dies

    Max Baer, Pennsylvania Supreme Court’s chief justice, dies

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    PITTSBURGH — Max Baer, the chief justice of the Pennsylvania Supreme Court, has died only months before he was set to retire, the court confirmed Saturday. He was 74.

    Baer died overnight at his home near Pittsburgh, the court said in a news release. The court didn’t give a reason for his death but called his “sudden passing” a “tremendous loss for the court and all of Pennsylvania.”

    The court said Justice Debra Todd now becomes chief justice “as the justice of longest and continuous service on the court.” She is the first female chief justice in the commonwealth’s history, a court spokesperson confirmed.

    “Chief Justice Baer was an influential and intellectual jurist whose unwavering focus was on administering fair and balanced justice,” Todd said in the release. “He was a tireless champion for children, devoted to protecting and providing for our youngest and most vulnerable citizens.”

    Gov. Tom Wolf ordered state flags at commonwealth facilities, public buildings and grounds lowered to half-staff, saying he was “extremely saddened” by the death of such a “respected and esteemed jurist with decades of service to our courts and our commonwealth.”

    Baer, a Duquesne Law graduate, was an Allegheny County family court judge and an administrative judge in family court before he was elected to the high court in 2003 and became its chief justice last year. Baer also served as deputy attorney general for Pennsylvania from 1975 to 1980 and was in private practice before entering the judiciary.

    Earlier this year, Baer was part of the 5-2 majority as the Pennsylvania Supreme Court upheld a wide expansion of mail-in voting in Pennsylvania.

    Baer was set to retire at the end of 2022 after reaching the mandatory retirement age of 75. The court said the seat had already been slated to be on the 2023 ballot, and “in the interim the governor may choose to make an appointment, subject to confirmation by the Senate.” Baer was elected as a Democrat and his death leaves a 4-2 Democratic majority on the high court.

    Duquesne’s president, Ken Gormley, told the Pittsburgh Post-Gazette that Baer believed justices shouldn’t be public figures and that he therefore shied away from the limelight, using his position to uplift others in the profession.

    “He was collegial, he worked really hard to have the court function as a family, and he led by example,” Gormley said. “He was the most caring person imaginable — always put others first and celebrated their successes. He hated pettiness. He had no time for pettiness.”

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