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Tag: National courts

  • Alabama calls off execution after difficulties inserting IV

    Alabama calls off execution after difficulties inserting IV

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    ATMORE, Ala. — Alabama’s execution of a man convicted in the 1988 murder-for-hire slaying of a preacher’s wife was called off Thursday just before the midnight deadline because state officials couldn’t find a suitable vein to inject the lethal drugs.

    Alabama Department of Corrections Commissioner John Hamm said prison staff tried for about an hour to get the two required intravenous lines connected to Kenneth Eugene Smith, 57. Hamm said they established one line but were unsuccessful with a second line after trying several locations on Smith’s body. Officials then tried a central line, which involves a catheter placed into a large vein.

    “We were not able to have time to complete that, so we called off the execution,” Hamm said.

    It is the second execution since September the state has canceled because of difficulties with establishing an IV line with a deadline looming.

    The U.S. Supreme Court cleared the way for Smith’s execution when at about 10:20 p.m. it lifted a stay issued earlier in the evening by the 11th U.S Circuit Court of Appeals. But the state decided about an hour later that the lethal injection would not happen that evening.

    The postponement came after Smith’s final appeals focused on problems with intravenous lines at Alabama’s last two scheduled lethal injections. Because the death warrant expired at midnight, the state must go back to court to seek a new execution date. Smith was returned to his regular cell on death row, a prison spokesperson said.

    Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance. The slaying, and the revelations over who was behind it, rocked the small north Alabama community

    Alabama Gov. Kay Ivey blamed Smith’s last-minute appeals for the execution not going forward as scheduled.

    “Kenneth Eugene Smith chose $1,000 over the life of Elizabeth Dorlene Sennett, and he was guilty, no question about it. Some three decades ago, a promise was made to Elizabeth’s family that justice would be served through a lawfully imposed death sentence,” Ivey said. “Although that justice could not be carried out tonight because of last minute legal attempts to delay or cancel the execution, attempting it was the right thing to do.”

    Alabama has faced scrutiny over its problems at recent lethal injections. In ongoing litigation, lawyers for inmates are seeking information about the qualifications of the execution team members responsible for connecting the lines. In a Thursday hearing in Smith’s case, a federal judge asked the state how long was too long to try to establish a line, noting at least one state gives an hour limit.

    The execution of Joe Nathan James Jr. took several hours to get underway because of problems establishing an IV line, leading an anti-death penalty group to claim the execution was botched.

    In September, the state called off the scheduled execution of Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for more than an hour, and at one point they left him hanging vertically on a gurney before announcing they were stopping. Prison officials have maintained the delays were the result of the state carefully following procedures.

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

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

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

    In the hours before the execution was scheduled to be carried out, the prison system said Smith visited with his attorney and family members, including his wife. He ate cheese curls and drank water, but declined the prison breakfast offered to him.

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

    In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith. The Equal Justice Initiative, an Alabama-based nonprofit that advocates for inmates, said Smith stands to become the first state prisoner sentenced by judicial override to be executed since the practice was abolished.

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

    ———

    More of AP’s coverage of executions can be found at https://apnews.com/hub/executions

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  • Elizabeth Holmes faces judgment day for her Theranos crimes

    Elizabeth Holmes faces judgment day for her Theranos crimes

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    SAN JOSE, Calif. — A federal judge on Friday will decide whether disgraced Theranos CEO Elizabeth Holmes should serve a lengthy prison sentence for duping investors and endangering patients while peddling a bogus blood-testing technology.

    Holmes’ sentencing in the same San Jose, California, courtroom where she was convicted on four counts of investor fraud and conspiracy in January marks a climactic moment in a saga that has been dissected in an HBO documentary and an award-winning Hulu TV series about her meteoric rise and mortifying downfall.

    U.S. District Judge Edward Davila will take center stage as he weighs the federal government’s recommendation to send Holmes, 38, to federal prison for 15 years. That’s slightly less than the maximum sentence of 20 years she could face, but far longer than her legal team’s attempt to limit her incarceration to no more than 18 months, preferably served in home confinement.

    Her lawyers have argued that Holmes deserves more lenient treatment as a well-meaning entrepreneur who is now a devoted mother with another child on the way. Their arguments were supported by more than 130 letters submitted by family, friends and former colleagues praising Holmes.

    A probation report also submitted to Davila recommended a nine=year prison sentence for Holmes.

    Prosecutors also want Holmes to pay $804 million in restitution. The amount covers most of the nearly $1 billion that Holmes raised from a list of sophisticated investors that included software magnate Larry Ellison, media mogul Rupert Murdoch, and the Walton family behind Walmart.

    While wooing investors, Holmes leveraged a high-powered Theranos board that included former U.S. Defense Secretary James Mattis, who testified against her during her trial, and two former U.S. Secretaries of State, Henry Kissinger and the late George Shultz, whose son submitted a statement blasting Holmes for concocting a scheme that played Shultz “for the fool.”

    Davila’s judgment – and Holmes’ reporting date for a potential stint in prison — could be affected by the former entrepreneur’s second pregnancy in two years. After giving birth to a son shortly before her trial started last year, Holmes became pregnant at some point while free on bail this year.

    Although her lawyers didn’t mention the pregnancy in a 82-page memo submitted to Davila last week, the pregnancy was confirmed in a letter from her current partner, William “Billy” Evans, that urged the judge to be merciful.

    In that 12-page letter, which included pictures of Holmes doting on their 1-year-old son, Evans mentioned that Holmes participated in a Golden Gate Bridge swimming event earlier this year while pregnant. He also noted Holmes suffered through a case of COVID in August while pregnant. Evans didn’t disclose Holmes’ due date in his letter.

    Duncan Levin, a former federal prosecutor who is now a defense attorney, predicted that Davila’s sentencing decision won’t be swayed by the pregnancy, but expects the judge to allow her to remain free until after the baby is born.

    “She will be no more of a flight risk after she is sentenced that she was while awaiting sentencing,” Levin said. “We have to temper our sentences with some measure of humanity.”

    The pregnancy makes it more likely Davila will be criticized no matter what sentence he imposes, predicted Amanda Kramer, another former federal prosecutor.

    “There is a pretty healthy debate about what kind of sentence is needed to effect general deterrence to send a message to others who are thinking of crossing that line from sharp salesmanship into material misrepresentation,” Kramer said.

    Federal prosecutor Robert Leach emphatically declared Holmes deserves a severe punishment for engineering a scam that he described as one of the most egregious white-collar crimes ever committed in Silicon Valley. In a scathing 46-page memo, Leach told the judge he has an opportunity to send a message that curbs the hubris and hyperbole unleashed by the tech boom of the past decade.

    Holmes “preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare,” Leach wrote. “And through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

    Even though Holmes was acquitted by a jury on four counts of fraud and conspiracy tied to patients who took Theranos blood tests, Leach also asked Davila to factor in the health threats posed by Holmes’ conduct.

    Holmes’ lawyer Kevin Downey painted her as a selfless visionary who spent 14 years of her life trying to revolutionize health care with a technology that was supposed to be able to scan for hundreds of diseases and other aliments with just a few drops of blood.

    Although evidence submitted during her trial showed the tests produced wildly unreliable results that could have steered patients in the wrong direction, her lawyers asserted Holmes never stopped trying to perfect the technology until Theranos collapsed in 2018. They also pointed out that Holmes never sold any of her Theranos shares — a stake valued at $4.5 billion in 2014 when Holmes was being hailed as the next Steve Jobs on the covers of business magazines.

    Defending herself against criminal charges has left Holmes with “substantial debt from which she is unlikely to recover,” Downey wrote, suggesting that she is unlikely ever to pay any restitution that Davila might order as part of her sentence.

    “Holmes is not a danger to society,” Downey wrote.

    Downey also asked Davila to consider the alleged sexual and emotional abuse Holmes suffered while she was romantically with Ramesh “Sunny” Balwani, who became a Theranos investor, top executive and eventually an accomplice in her crimes. Balwani, 57, is scheduled to be sentenced Dec. 7 after being convicted in a July trial on 12 counts of fraud and conspiracy.

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  • Starbucks workers strike at more than 100 US stores

    Starbucks workers strike at more than 100 US stores

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    Starbucks workers at more than 100 U.S. stores are on strike Thursday in their largest labor action since a campaign to unionize the company’s stores began late last year.

    The walkouts coincide with Starbucks’ annual Red Cup Day, when the company gives free reusable cups to customers who order a holiday drink. Workers say it’s often one of the busiest days of the year. Starbucks declined to say how many red cups it plans to distribute.

    Workers say they’re seeking better pay, more consistent schedules and higher staffing levels in busy stores. Stores in 25 states planned to take part in the labor action, according to Starbucks Workers United, the group organizing the effort. Strikers are handing out their own red cups with union logos.

    Starbucks, which opposes the unionization effort, said it is aware of the walkouts and respects its employees’ right to lawfully protest. The Seattle company noted that the protests are happening at a small number of its 9,000 company-run U.S. locations.

    “We remain committed to all partners and will continue to work together, side-by-side, to make Starbucks a company that works for everyone,” the company said Thursday in a statement.

    Some workers planned to picket all day while others will do shorter walkouts. The union said the goal is to shut stores down during the strikes, and noted that the company usually has difficulty staffing during Red Cup Day because it’s so busy.

    Willow Montana, a shift manager at a Starbucks store in Brighton, Massachusetts, planned to strike because Starbucks hasn’t begun bargaining with the store despite a successful union vote in April.

    “If the company won’t bargain in good faith, why should we come to work where we are understaffed, underpaid and overworked?” Montana said.

    Others, including Michelle Eisen, a union organizer at one of the first stores to organize in Buffalo, New York, said workers are angry that Starbucks promised higher pay and benefits to non-union stores. Starbucks says it is following the law and can’t give union stores pay hikes without bargaining.

    At least 257 Starbucks stores have voted to unionize since late last year, according to the National Labor Relations Board. Fifty-seven stores have held votes where workers opted not to unionize.

    Starbucks and the union have begun contract talks at 53 stores, with 13 additional sessions scheduled, Starbucks Workers United said. No agreements have been reached so far.

    The process has been contentious. Earlier this week, a regional director with the NLRB filed a request for an injunction against Starbucks in federal court, saying the company violated labor law when it fired a union organizer in Ann Arbor, Michigan. The regional director asked the court to direct Starbucks to reinstate the employee and stop interfering in the unionization campaign nationwide.

    It was the fourth time the NLRB has asked a federal court to intervene. In August, a federal judge ruled that Starbucks had to reinstate seven union organizers who were fired in Memphis, Tennessee. A similar case in Buffalo has yet to be decided, while a federal judge ruled against the NLRB in a case in Phoenix.

    Meanwhile, Starbucks has asked the NLRB to temporarily suspend all union elections at its U.S. stores, citing allegations from a board employee that regional officials improperly coordinated with union organizers. A decision in that case is pending.

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  • Starbucks workers plan strikes at more than 100 US stores

    Starbucks workers plan strikes at more than 100 US stores

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    Starbucks workers at more than 100 U.S. stores say they’re going on strike Thursday in what would be the largest labor action since a campaign to unionize the company’s stores began late last year.

    The walkouts are scheduled to coincide with Starbucks’ annual Red Cup Day, when the company gives free reusable cups to customers who order a holiday drink. Workers say it’s often one of the busiest days of the year. Starbucks declined to say how many red cups it plans to distribute.

    Workers say they’re seeking better pay, more consistent schedules and higher staffing levels in busy stores. Starbucks opposes the unionization effort, saying the company functions best when it works directly with employees. The Seattle coffee giant has more than 9,000 company-owned stores in the U.S.

    Stores in 25 states planned to take part in the labor action, according to Starbucks Workers United, the group organizing the effort. Some workers planned to picket all day while others planned shorter walkouts. The union said the goal is to shut the stores down during the walkouts.

    Willow Montana, a shift manager at a Starbucks store in Brighton, Massachusetts, planned to strike because Starbucks hasn’t begun bargaining with the store despite a successful union vote in April.

    “If the company won’t bargain in good faith, why should we come to work where we are understaffed, underpaid and overworked?” Montana said.

    Others, including Michelle Eisen, a union organizer at one of the first stores to organize in Buffalo, New York, said workers are angry that Starbucks promised higher pay and benefits to non-union stores. Starbucks says it is following the law and can’t give union stores pay hikes without bargaining.

    At least 257 Starbucks stores have voted to unionize since late last year, according to the National Labor Relations Board. Fifty-seven stores have held votes where workers opted not to unionize.

    Starbucks and the union have begun contract talks at 53 stores, with 13 additional sessions scheduled, Starbucks Workers United said. No agreements have been reached so far.

    The process has been contentious. Earlier this week, a regional director with the NLRB filed a request for an injunction against Starbucks in federal court, saying the company violated labor law when it fired a union organizer in Ann Arbor, Michigan. The regional director asked the court to direct Starbucks to reinstate the employee and stop interfering in the unionization campaign nationwide.

    It was the fourth time the NLRB has asked a federal court to intervene. In August, a federal judge ruled that Starbucks had to reinstate seven union organizers who were fired in Memphis, Tennessee. A similar case in Buffalo has yet to be decided, while a federal judge ruled against the NLRB in a case in Phoenix.

    Meanwhile, Starbucks has asked the NLRB to temporarily suspend all union elections at its U.S. stores, citing allegations from a board employee that regional officials improperly coordinated with union organizers. A decision in that case is pending.

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  • Georgia sheriff investigates jailers shown punching detainee

    Georgia sheriff investigates jailers shown punching detainee

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    SAVANNAH, Ga. — Security video from a Georgia jail shows a detainee being pushed against a wall by guards and repeated punched in the head and neck after five deputies come into the man’s cell.

    An attorney for the detainee, 41-year-old Jarrett Hobbs, released the video Monday. Civil rights attorney Harry Daniels said authorities should pursue criminal charges against the sheriff’s deputies in Camden County who swarmed Hobbs after he was booked for traffic violations and drug possession charges Sept. 3.

    “It’s undeniable that Mr. Hobbs was approached by jailers and he was assaulted, punched multiple times in the back of his head, kneed in his head and dragged out of his cell,” Daniels said. “This is a brutal beating, a brutal attack.”

    Camden County Sheriff Jim Proctor’s office said in a statement Monday that the sheriff had reviewed the video with members of his commend staff and ordered an internal investigation “to begin immediately.”

    Daniels questioned why nothing happened sooner. The confrontation between Hobbs and the jailers happened more than two months ago, and Hobbs was charged with fighting the deputies that same day.

    A spokesman for the sheriff, Capt. Larry Bruce, declined to answer further questions, including whether the guards involved remained on duty.

    Jail records show Hobbs, of Greensboro, North Carolina, was arrested Sept. 3 in coastal Camden County, about 100 miles (160 kilometers) south of Savannah. He was initially booked on charges of speeding, driving on a suspended or revoked license and possessing an illegal drug.

    The sheriff’s office released no details of what happened in Hobbs’ cell. But federal court records in North Carolina, where Hobbs was on probation for a 2014 federal criminal conviction, say guards entered Hobbs’ cell because he was repeatedly kicking his cell door and refusing orders to stop.

    The video shows Hobbs alone in a cell standing by the door, then turning toward the bed and picking up two objects. His attorney said they were a piece of paper and a sandwich. A guard rushes into the cell and grabs Hobbs around the neck, trying to push him into a corner. Four others come in behind him.

    As jailers try to hold Hobbs by his wrists, one of them starts punching Hobbs in the back of the head and neck. The video shows at least two other guards throwing punches. A second video from a camera outside the cell shows jailers drag Hobbs through the open door and hurl him against a wall. A deputy rapidly raises his right knee and foot a few times, though it’s unclear if he was striking Hobbs. The struggle continues until Hobbs, who is out of the camera frame, appears to be pinned on the ground. The entire confrontation lasts about a minute.

    Jail records show Hobbs was charged afterward with aggravated battery, simple assault and obstruction of law enforcement officers. Hobbs is a Black man. The sheriff’s office did not release any details about the jailers involved, including their races.

    There is no sound in the video released by Daniels. The attorney said he has a copy with audio, but he declined to share it.

    Federal authorities looked into the charges against Hobbs in Georgia to determine whether he had violated his probation stemming from his 2014 guilty plea to a charge of conspiracy to commit bank and wire fraud, according to court records.

    A judge’s order Oct. 20 said a probation officer testified that Hobbs had “punched one deputy in the face while punching another deputy in the side of the head. One deputy sustained a bruised eye and a broken hand as a result of the incident.”

    It’s unclear on the video recordings to what extent Hobbs fought the jailers. In most of the video Hobbs is either obscured by the guards surrounding him or is out of the frame.

    His attorney, Daniels, said Hobbs would have been justified to fight back against guards attacking him unlawfully. He said the guard with the broken hand injured himself by punching a wall as he swung at Hobbs.

    Court records show a federal judge in North Carolina revoked Hobbs’ probation Nov. 7 after finding he had violated the terms of his supervised release. However, the court dismissed alleged probation violations based on the struggle with jailers in Georgia. The court record doesn’t say why.

    Daniels said he obtained the video after it was submitted as evidence in the federal probation case. He said Hobbs remains in custody in North Carolina.

    “The physical wounds have healed the best they can,” Daniels said. “But mentally, no. He thought he was going to die.”

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  • Prosecutors push 15-year sentence for Theranos’ CEO Holmes

    Prosecutors push 15-year sentence for Theranos’ CEO Holmes

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    Federal prosecutors have asked a judge to sentence disgraced Theranos CE0 Elizabeth Holmes to 15 years in prison, arguing she deserves a lengthy prison term because her massive scheme duped investors out of hundreds of millions of dollars by falsely convincing them her company had developed a revolutionary blood testing device.

    Calling the case “one of the most substantial white collar offenses Silicon Valley or any other District has seen,” prosecutors vehemently rejected defense attorneys’ characterization that Holmes had been unfairly victimized, in part by media coverage.

    Holmes is set to appear for sentencing on Nov. 18 in federal court in San Jose, California, nearly a year after she was convicted of three felony counts of wire fraud and one felony count of conspiracy to commit fraud. She faces up to 20 years in prison for each count.

    “She repeatedly chose lies, hype and the prospect of billions of dollars over patient safety and fair dealing with investors,” Assistant U.S. Attorney Robert S. Leach wrote in a 46-page brief filed Friday. “Elizabeth Holmes’ crimes were not failing, they were lying — lying in the most serious context, where everyone needed her to tell the truth.”

    Holmes’ attorneys filed an 82-page document late Thursday calling for a lenient sentence of no more than 18 months, saying her reputation was permanently destroyed, turning her into a “caricature to be mocked and vilified.”

    Besides asking that Holmes receive a lengthy prison sentence, prosecutors called for the 38-year-old pay $803,840,309 in restitution for her role in the yearslong scheme that turned her into one of the most widely respected and immensely wealthy entrepreneurs in the Silicon Valley and the United States.

    “She preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare. She leveraged the credibility of her illustrious board,” Leach wrote. “And, through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

    Leach also pointed to how, after Wall Street Journal reporter John Carreyrou exposed the scheme, Holmes “attacked him, along with his sources” and desperately tried to pin the blame on others.

    “At trial, she blamed her COO (and longtime boyfriend), her board, her scientists, her business partners, her investors, her marketing firm, her attorneys, the media — everyone, that is, but herself,” Leach wrote.

    The company’s former chief operating officer, 57-year-old Ramesh “Sunny” Balwani, was convicted on 12 felony counts of investor and patient fraud in July during separate trial. He is scheduled to be sentenced Dec. 7.

    And Leach wrote that the health of actual patients was put into jeopardy by what Holmes had done.

    “As money was drying up, she went to market with an unproven and unreliable medical device,” he wrote. “When her lead assay developer quit as Theranos launched, she chillingly told the scientist: ‘she has a promise to deliver to the customer, she doesn’t have much of a choice but to go ahead with the launch.’”

    Holmes’ attorneys have argued that if U.S. District Judge Edward Davila does decide to send her to prison, she deserves a lenient sentence because she poses no danger to the public and has no prior criminal history.

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  • Jesse Jackson’s half brother freed from life prison sentence

    Jesse Jackson’s half brother freed from life prison sentence

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    CHICAGO — An 80-year-old half-brother of the Rev. Jesse Jackson who was sentenced to life in prison more than 30 years ago after being convicted of hiring hit men has been released from prison, officials said.

    Noah Robinson Jr. was ordered set free last month over the objections of prosecutors by a federal judge who cited Robinson’s age, risks posed in prison by COVID-19 and his deteriorating health, the Chicago Sun-Times reported.

    “Robinson was convicted of brutal crimes, but he is 80 years old and has now been in custody for almost 33 years,” U.S. District Judge Rebecca Pallmeyer wrote. “That is a significant period for the purposes of punishment and general deterrence.”

    Robinson was set free under the First Step Act, a bipartisan bill signed into law in 2018 by then-President Donald Trump that is intended to encourage inmates to participate in programs aimed at reducing recidivism, eases mandatory minimum sentence, and gives judges more discretion in sentencing.

    Robinson, an Ivy League-educated, wealthy businessman, had been locked up since his arrest in 1989 on charges that he hired hit men from Chicago’s El Rukn street gang to kill a boyhood friend of his, Leroy “Hambone” Barber, after the two got into a fistfight in South Carolina, where they both grew up.

    A woman who witnessed the killing was wounded in a later hit that Robinson ordered, and he ordered another hit that wasn’t carried out, prosecutors said. Robinson also was accused of helping El Rukn members connect with East Coast cocaine and heroin suppliers.

    According to the order releasing Robinson, he plans to live in Chicago with his daughters, who have promised to take care of his medical and other needs.

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  • Judge halts pot dispensary licenses in parts of New York

    Judge halts pot dispensary licenses in parts of New York

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    ALBANY, N.Y. — A federal judge has temporarily blocked New York from issuing recreational marijuana dispensary licenses in Brooklyn and parts of upstate New York while a legal challenge to the state’s selection process is being considered.

    The preliminary injunction from U.S. District Court Judge Gary Sharpe in Albany on Thursday comes as the state prepares to begin adult marijuana sales by the end of the year, starting with shop owners with past pot convictions or their relatives. New York lawmakers designed the state’s legal market to make sure the first retailers were people directly affected drug law enforcement.

    Sharpe is hearing a legal challenge from Variscite NY One, which claims the state’s selection process favors New York residents over out-of-state residents in violation of constitutional interstate commerce protections.

    The judge’s order temporarily bars the state from issuing retail licenses for the five regions of the state Variscite selected in its business application: Brooklyn, central New York, the Finger Lakes, the mid-Hudson region and western New York. It does not cover nine other regions of the state, including the rest of New York City. The ruling affects up to 63 of the 150 possible business licenses.

    Officials at the Office of Cannabis Management said Friday its board will still consider license applications later this month for up to 150 businesses and individuals, along with applications for up to 25 nonprofit licenses.

    The office remains committed to “including those impacted by the state’s enforcement of cannabis prohibition in the market that we are building and we are additionally committed to getting New York’s cannabis supply chain fully operational,” spokesman Freeman Klopott said in an email.

    Applicants in the initial round had to demonstrate “a significant presence in New York state.” While Variscite’s majority stakeholder has a cannabis conviction, it was under Michigan law. And though the corporation is organized under New York law, its business principal does not meet the significant presence requirement, according to court papers.

    In ruling for the company, Sharpe wrote that the state’s license application requirements “will have a discriminatory effect on out-of-state residents.”

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  • Captain of burning dive boat pleads not guilty in 34 deaths

    Captain of burning dive boat pleads not guilty in 34 deaths

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    LOS ANGELES — A dive boat captain pleaded not guilty in federal court for a second time to manslaughter in the fiery deaths of 34 people trapped below deck on his burning vessel three years ago off Southern California.

    A federal grand jury issued a new indictment last month alleging that captain Jerry Boylan acted with gross negligence aboard the Conception during one of the deadliest maritime disasters in recent U.S. history. A judge had thrown out the original case against Boylan on the third anniversary of the Sept. 2, 2019, tragedy.

    Boylan made a brief appearance Thursday in U.S. District Court in Los Angeles, and his trial was scheduled for Dec. 20.

    Boylan faces 10 years in prison if convicted of a single count of misconduct or neglect of a ship officer — a pre-Civil War statute known as “seaman’s manslaughter” that was designed to hold steamboat captains and crew responsible for maritime disasters.

    All 33 passengers and a crew member who were trapped in the Conception’s bunk room died.

    Boylan, who frantically radioed for help after he and four crew members sleeping above deck awoke to the fire, was the first man overboard and then told his crew to abandon ship rather than fight the fire, the indictment said.

    He is accused of failing to train his crew, conduct fire drills and post a roving night watchman on the boat.

    Prosecutors brought the second case against Boylan after U.S. District Judge George Wu in September dismissed the original indictment because it did not mention gross negligence, an element required to prove the crime.

    The subsequent indictment alleges Boylan “acted with a wanton or reckless disregard for human life by engaging in misconduct, gross negligence and inattention to his duties.”

    Officials blamed the owners of the vessel, Truth Aquatics Inc., for a lack of oversight even though federal safety investigators never found the cause of the fire. The owners, Glen and Dana Fritzler, have not been criminally charged.

    Truth Aquatics is seeking to avoid payouts to the families of the victims under a provision in federal maritime law. Family members of the dead have filed claims against the Fritzlers and the company, and have sued the U.S. Coast Guard.

    Family members of those who perished at sea showed up for Boylan’s arraignment and said it has been a trying three years seeking accountability.

    “It’s been a long journey, a very hard journey. And learning to live with grief is very difficult,” said Susana Solano Rosas, who lost three daughters in the fire. “Today means that hopefully we can see a little bit of justice. … The court is going to move along and try this man, try this captain who allowed our 34 to be killed and burned on that boat.” ———

    Associated Press writer Brian Melley contributed to this report.

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  • Today in History: November 11, World War I armistice signed

    Today in History: November 11, World War I armistice signed

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    Today in History

    Today is Friday, Nov. 11, the 315th day of 2022. There are 50 days left in the year. Today is Veterans Day.

    Today’s Highlight in History:

    On Nov. 11, 1918, fighting in World War I ended as the Allies and Germany signed an armistice in the Forest of Compiegne (kohm-PYEHN’-yeh).

    On this date:

    In 1620, 41 Pilgrims aboard the Mayflower, anchored off Massachusetts, signed a compact calling for a “body politick.”

    In 1831, former slave Nat Turner, who’d led a slave uprising, was executed in Jerusalem, Virginia.

    In 1921, the remains of an unidentified American service member were interred in a Tomb of the Unknown Soldier at Arlington National Cemetery in a ceremony presided over by President Warren G. Harding.

    In 1938, Irish-born cook Mary Mallon, who’d gained notoriety as the disease-carrying “Typhoid Mary” blamed for the deaths of three people, died on North Brother Island in New York’s East River at age 69 after 23 years of mandatory quarantine.

    In 1942, during World War II, Germany completed its occupation of France.

    In 1966, Gemini 12 blasted off on a four-day mission with astronauts James A. Lovell and Edwin “Buzz” Aldrin Jr. aboard; it was the tenth and final flight of NASA’s Gemini program.

    In 1972, the U.S. Army turned over its base at Long Binh to the South Vietnamese, symbolizing the end of direct U.S. military involvement in the Vietnam War.

    In 1987, following the failure of two Supreme Court nominations, President Ronald Reagan announced his choice of Judge Anthony M. Kennedy, who went on to win confirmation.

    In 1992, the Church of England voted to ordain women as priests.

    In 1998, President Bill Clinton ordered warships, planes and troops to the Persian Gulf as he laid out his case for a possible attack on Iraq. Iraq, meanwhile, showed no sign of backing down from its refusal to deal with U.N. weapons inspectors.

    In 2004, Palestinians at home and abroad wept, waved flags and burned tires in an eruption of grief at news of the death of Yasser Arafat in Paris at age 75.

    In 2020, Georgia’s secretary of state announced an audit of presidential election results that he said would be done with a full hand tally of ballots because the margin was so tight; President-elect Joe Biden led President Donald Trump by about 14,000 votes out of nearly 5 million votes counted in the state. (The audit would affirm Biden’s win.) Texas became the first state with more than 1 million confirmed COVID-19 cases.

    Ten years ago: President Barack Obama laid a wreath at the Tomb of the Unknowns at Arlington National Cemetery and said the Sept. 11 generation had “written one of the greatest chapters” in the country’s military service, toppling a dictator and battling an insurgency in Iraq, pushing back the Taliban in Afghanistan and decimating al-Qaida’s leadership.

    Five years ago: The annual Pacific Rim summit stuck to its tradition of promoting free trade and closer regional ties, shrugging off the “America First” approach that was brought to the summit by President Donald Trump. After talking with Russian President Vladimir Putin on the sidelines of the summit, Trump told reporters that Putin had again insisted that Moscow had not interfered in the 2016 U.S. elections, and Trump said he believed Putin was sincere in making that claim; he accused Democrats of trying to sabotage relations between Washington and Moscow.

    One year ago: Facing a surge in coronavirus infections that threatened to overwhelm Colorado hospitals, Gov. Jared Polis defied federal guidance on COVID-19 booster shots by issuing an order allowing all state residents 18 and older to get them. President Joe Biden saluted the nation’s military veterans as “the spine of America” as he marked his first Veterans Day as president in a wreath-laying ceremony at Arlington National Cemetery. A spokesman for his foundation confirmed that F.W. de Klerk, South Africa’s last apartheid leader, who shared the Nobel Peace Prize with Nelson Mandela and oversaw the end of the country’s white minority rule, had died at 85.

    Today’s Birthdays: Country singer Narvel Felts is 84. Former Sen. Barbara Boxer, D-Calif., is 82. Americana roots singer/songwriter Chris Smither is 78. Rock singer-musician Vince Martell (Vanilla Fudge) is 77. The president of Nicaragua, Daniel Ortega, is 77. Rock singer Jim Peterik (PEE’-ter-ihk) (Ides of March, Survivor) is 72. Golfer Fuzzy Zoeller is 71. Pop singer-musician Paul Cowsill (The Cowsills) is 71. Rock singer-musician Andy Partridge (XTC) is 69. Singer Marshall Crenshaw is 69. Rock singer Dave Alvin is 67. Rock musician Ian Craig Marsh (Human League; Heaven 17) is 66. Actor Stanley Tucci is 62. Actor Demi Moore is 60. Actor Calista Flockhart is 58. Actor Frank John Hughes is 55. TV personality Carson Kressley is 53. Actor David DeLuise is 51. Actor Adam Beach is 50. Actor Tyler Christopher is 50. Actor Leonardo DiCaprio is 48. Actor Scoot McNairy is 45. Rock musician Jonathan Pretus (formerly with Cowboy Mouth) is 41. Actor Frankie Shaw is 41. Musician Jon Batiste is 36. Actor Christa B. Allen is 31. Actor Tye Sheridan is 26. Actor Ian Patrick is 20.

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  • Dive boat captain pleads not guilty in fiery deaths of 34

    Dive boat captain pleads not guilty in fiery deaths of 34

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    LOS ANGELES — A dive boat captain pleaded not guilty Thursday in federal court for a second time to manslaughter in the fiery deaths of 34 people trapped below deck on his burning vessel three years ago off the Southern California coast.

    A federal grand jury issued a new indictment last month alleging that Captain Jerry Boylan acted with gross negligence aboard the Conception during one of the deadliest maritime disasters in recent U.S. history. A judge threw out the original case on the third anniversary of the Sept. 2, 2019, tragedy.

    The trial is scheduled for Dec. 20 in U.S. District Court in Los Angeles.

    Boylan faces 10 years in prison if convicted of a single count of misconduct or neglect of a ship officer — a pre-Civil War statute known as “seaman’s manslaughter” that was designed to hold steamboat captains and crew responsible for maritime disasters.

    All 33 passengers and a crew member who were trapped in the Conception’s bunk room died.

    Boylan, who frantically radioed for help after he and four crew members sleeping above deck awoke to the fire, was the first man overboard and then told his crew to abandon ship rather than fight the fire, the indictment said.

    He is accused of failing to train his crew, conduct fire drills and post a roving night watchman on the boat when the fire ignited.

    Prosecutors brought the second case against Boylan after U.S. District Judge George Wu in September dismissed the original indictment because it did not mention gross negligence, an element required to prove the crime.

    The subsequent indictment alleges Boylan “acted with a wanton or reckless disregard for human life by engaging in misconduct, gross negligence and inattention to his duties.”

    Officials blamed the owners of the vessel, Truth Aquatics Inc., for a lack of oversight even though federal safety investigators never found the cause of the fire. The owners, Glen and Dana Fritzler, have not been criminally charged.

    Truth Aquatics is seeking to avoid payouts to the families of the victims under a provision in federal maritime law. Family members of the dead have filed claims against the Fritzlers and the company, and have sued the U.S. Coast Guard.

    Family members of those who perished at sea showed up for Boylan’s arraignment and said it has been a trying three years seeking accountability.

    “It’s been a long journey, a very hard journey. And learning to live with grief is very difficult,” said Susana Solano Rosas, who lost three daughters in the fire. “Today means that hopefully we can see a little bit of justice. … The court is going to move along and try this man, try this captain who allowed our 34 to be killed and burned on that boat.” ———

    Associated Press reporter Brian Melley contributed to this report.

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  • Appeals Court weighs death row inmate’s disability claims

    Appeals Court weighs death row inmate’s disability claims

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    NASHVILLE, Tenn. — Attorneys for Tennessee death row inmate Byron Black told a state appeals court on Tuesday that he should not be executed because he is intellectually disabled.

    Black is appealing a ruling by a Nashville judge earlier this year that denied his motion to be declared intellectually disabled. The judge noted that a state and federal court have previously determined Black does not meet the criteria. But his attorneys argued on Tuesday that the criteria have changed, as has the law.

    Tennessee enacted a new law last year updating the standards to be used when determining intellectual disability. It also provides a way for inmates who have exhausted their direct appeals to reopen their cases in order to bring an intellectual disability claim. However, the defendant cannot file a new disability claim “if the issue of whether the defendant has an intellectual disability has been previously adjudicated on the merits.”

    Senior Assistant Attorney General Katharine Decker told a panel of the Tennessee Court of Criminal Appeals on Tuesday that by the plain language of the statute, Black, 66, is barred from seeking a third adjudication of his intellectual disability claims.

    “Don’t we have a constitutional duty not to execute someone who is intellectually disabled?” Judge Camille McMullen asked.

    Decker replied that the new law is limited in terms of who it allows to pursue those claims.

    Judge Tom Greenholtz questioned whether the previous determination that Black was not mentally retarded qualifies as a determination that he is not intellectually disabled.

    “It’s just a different label,” Decker responded.

    “Is it though? It’s a different label with different criteria,” Greenholtz said. “For you to prevail, ‘mentally retarded’ and ‘intellectually disabled’ must mean exactly the same thing.”

    Federal Public Defender Kelley Henry, who represents Black, pointed to a different section of the new law, which reads, “Notwithstanding any law to the contrary, no defendant with intellectual disability at the time of committing first degree murder shall be sentenced to death.”

    “It would be an insult to the Tennessee Supreme Court and our legislature to deny people like Mr. Black a fair hearing,” she said.

    Henry suggested the court could decide the case without having to interpret whether the statute applies to Black. That’s because Nashville District Attorney Glenn Funk has already agreed that Black is intellectually disabled and should be resentenced to life in prison. Funk said he was persuaded by the fact that an expert who had previously testified for the state that Black didn’t meet the criteria for intellectually disabled has changed her opinion.

    “He believed justice, in this case, is that Mr. Black not be subject to execution,” Henry said of Funk.

    In Henry’s view, the state — via Funk — has already waived any argument that the statute doesn’t apply to Black, so the state can’t now make that argument via the Attorney General. She asked the Appeals Court to send the case back to the lower court judge for a hearing on Black’s claims “to prevent the execution of a man with an intellectual disability, which is the policy of this state.”

    Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work release while serving time for shooting and wounding Clay’s estranged husband.

    Black had been scheduled to be executed in August before Republican Tennessee Gov. Bill Lee paused all executions in order to investigate a problem the state had with lethal injection.

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  • Jackson, in dissent, issues first Supreme Court opinion

    Jackson, in dissent, issues first Supreme Court opinion

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    FILE – Associate Justice Ketanji Brown Jackson stands as she and members of the Supreme Court pose for a new group portrait following her addition, at the Supreme Court building in Washington, Oct. 7, 2022. (AP Photo/J. Scott Applewhite, File )DCSA122

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  • California governor pardons abortion activist from 1940s

    California governor pardons abortion activist from 1940s

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    SACRAMENTO, Calif. — Gov. Gavin Newsom on Friday posthumously pardoned an abortion activist from the 1930s and 1940s, acting days before Californians finish voting on whether to enshrine increased protections in the state Constitution in response to a recent U.S. Supreme Court decision.

    Laura Miner was convicted in 1949 of abortion and conspiracy to commit abortion. She was sentenced to four years in prison on the twin felonies, and died in 1976.

    “I can still hold my head up, and I respect myself because my conscience is clear,” she wrote while serving her prison sentence. “I have helped humanity — someday it will be legal for a doctor to help a woman who will then have a right to decide for herself how many children she shall have, and when.”

    Her statement proved prescient, for a time. The U.S. Supreme Court in the landmark Roe v. Wade decision ruled in 1973 that protections under the U.S. Constitution included the right to have an abortion.

    But a majority of the high court earlier this year said that is up to individual states. Increased protections also are before voters next week in Michigan and Vermont, and restrictions in Kentucky and Montana.

    Newsom, a Democrat who is actively supporting the proposed constitutional change, in a statement called Miner “a powerful reminder of the generations of people who fought for reproductive freedom in this country, and the risks that so many Americans now face in a post-Roe world.”

    The No on Prop 1 campaign did not directly comment on Newsom’s pardon, but said in a statement that the governor hopes the measure “will work for him politically, ” while expanding abortion rights would “ultimately be dangerous for California women.”

    California’s original 1850 Constitution criminalized abortions, but Miner was among those who provided them at a time when abortion was still illegal in California except when necessary to protect a woman’s life. She did so in San Diego from 1934 to 1948, until she and her staff were arrested.

    She was convicted in San Diego Superior Court in 1949 and starting at age 50 served 19 months in prison and 27 months on parole.

    Miner provided health care to patients on a sliding fee scale, using payments from her wealthy and sometimes famous clients to cover the indigent. She was a licensed chiropractor, according to an online account by her granddaughter, who called her “eccentric, stubborn and always independent.”

    The Journal of American History said she ran a nine-room abortion clinic and was part of the Pacific Coast Abortion Ring in 1935 and 1936.

    Miner was arrested after an investigator for the district attorney’s office kept her clinic under surveillance for nearly three months, according to her unsuccessful appeal of her conviction. He even attempted an early wiretap, entering the clinic at night with the intent to install a dictaphone.

    When she was young, she saw her mother nearly die from a botched illegal abortion. Her mother then died when she was 9, according to Newsom’s office, leaving behind Miner and seven siblings. She had four children herself, two of whom died of illness as infants.

    “Ms. Miner gave women a safe alternative in a dark era for reproductive rights,” Alicia Gutierrez-Romine, a professor of history at La Sierra University in Riverside, California and a historian on the history of medicine, said in a statement.

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  • With Bolsonaro tamed in defeat, Brazil steps back from brink

    With Bolsonaro tamed in defeat, Brazil steps back from brink

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    RIO DE JANEIRO — In the run-up to Brazil’s presidential election, many feared a narrow result would spell the death knell for Latin America’s largest democracy.

    So far, however, the worst has been averted, despite a nail-biting victory for former leftist President Luiz Inácio Lula da Silva over far-right incumbent Jair Bolsonaro, and ongoing protests by Bolsonaro’s supporters across the country.

    The conservative leader’s allies quickly recognized da Silva’s victory, the military stayed in the barracks and vigilant world leaders swooped in to offer support for da Silva and nip in the bud even the thought of anything resembling the Jan. 6 insurrection that overtook the U.S. Capitol.

    “All of Bolsonaro’s escape valves were shut off,” said Brian Winter, a longtime Brazil expert and vice president of the New York-based Council of the Americas. “He was prevailed upon from all sides not to contest the results and burn down the house on his way out.”

    Although Bolsonaro has refused to congratulate da Silva or disavow die-hard protesters who remained on the streets Wednesday, Brazil’s institutions generally seem to have held up.

    That leaves a more vexing challenge: how the 77-year-old da Silva, universally known as Lula, unites a deeply divided country, rights a wobbly economy and delivers on the outsize expectations spurred by his return to power.

    One thing is clear, if anyone can do it, it’s the charismatic da Silva — whose political skills are admired even by his detractors.

    “That’s what we need, someone not only who can address inequality but also inspire our emotions and ideas,” said Marcelo Neri, director of the Getulio Vargas Foundation’s social policy center, who led the Ministry of Strategic Affairs in the Cabinet of da Silva’s handpicked successor, Dilma Rousseff.

    In many ways, the conservative movement Bolsonaro helped ignite — if not the politician himself — has emerged stronger from the vote, Winter said. His allies were elected as governors in several key states and his Liberal Party has become the largest in Congress, curtailing da Silva’s ability to advance his own agenda after a decadelong malaise that has left millions of Brazilians hungrier than when da Silva last held office in 2010.

    What’s more, Brazil’s demographics seem to favor Bolsonaro’s aggressive brand of identity politics — including an anti-LGBTQ agenda and hostility to environmentalists — that have earned him the moniker “Trump of the Tropics.”

    The country’s own statistics institute forecasts that the number of Brazilians identifying as evangelical Christians — who preelection polls show overwhelmingly favored Bolsonaro and skew right — will overtake Roman Catholics within a decade.

    Thousands of Bolsonaro’s supporters thronged a regional army headquarters in Rio on Wednesday, demanding that the military step in and keep him in power. Outside a military building in the state of Santa Catarina, hundreds of protesters gave the Nazi salute while chanting the national anthem. Meanwhile, truckers maintained about 150 roadblocks across the country to protest Bolsonaro’s loss, despite the Supreme Court’s orders to law enforcement to dismantle them.

    Since the return of democracy in the 1980s, all Brazilian leaders have been guided to varying degrees by a common belief in strong state-led enterprises, high taxes and aggressive wealth redistribution policies.

    Bolsonaro initially attempted to run a more austere, business-friendly government, that is, until the social devastation wreaked by COVID-19 and his own sinking electoral prospects ultimately led him to loosen spending controls and emulate the policies he once attacked.

    How da Silva will govern is less clear. He squeaked out a narrow victory of barely 2 million votes after forming a broad coalition of players. And with promises to maintain a generous welfare program in place through 2023, he will have limited fiscal space to spend on other priorities.

    His running mate from another party, former Sao Paulo Governor Geraldo Alckim, was a nod to centrist, fiscally conservative policies that made da Silva the darling of Wall Street during his early years in power. This week, da Silva tapped Alckim to lead his transition team.

    Also standing alongside him on the victory stage Sunday night, however, were several stalwarts of the left who have been implicated in numerous corruption scandals that have plagued his Workers’ Party and paved the way for Bolsonaro’s rise.

    Although da Silva’s supporters have downplayed the concerns about corruption — the Supreme Court annulled the convictions that kept him behind bars for nearly two years — for many Brazilians he is a symbol of the culture of graft that has long permeated politics. As a result, he’s likely to be held to a higher ethical standard in a country where political support is often obtained in exchange for Cabinet appointments and budgets.

    “This wasn’t just a fever dream by his opponents,” Winter said of the corruption allegations that have long dogged da Silva’s party.

    Da Silva’s victory coincides with a string of recent victories by the left in South America, including in Chile and Colombia, whose leaders revere the former union boss. During his first stint in power, da Silva led a so-called pink wave that promoted regional integration, rivaled U.S. dominance and put the rights of overlooked minorities and Indigenous groups at the center of the political agenda.

    Under Bolsonaro, Brazil largely retreated from that leadership role, even if the sheer size of its economy alone means a return to leadership is never far off.

    Scott Hamilton, a former U.S. diplomat, said that da Silva will have to make a tough choice on whether to use Brazil’s considerable leverage to pursue an ambitious foreign policy to tackle entrenched problems or simply use his star power on the world stage to shore up support at home.

    “Basking in not being Bolsonaro will get him lots of positive attention in itself,” said Hamilton, whose last post, until April, was as consul general in Rio. “The more ambitious path would involve trying to help resolve some of the toughest political issues where democratic governments in the region are in trouble or extinguished.”

    ———

    Goodman reported from Miami.

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  • Federal judge appoints receiver to manage Mississippi jail

    Federal judge appoints receiver to manage Mississippi jail

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    JACKSON, Miss — A federal judge has appointed a receiver to temporarily manage a jail near Mississippi’s capital city to improve conditions.

    U.S. District Judge Carlton Reeves on Monday selected Wendell M. France Sr., a public safety consultant, former correctional administrator and 27-year member of the Baltimore Police Department to remedy “ongoing unconstitutional conditions” at the Hinds County Raymond Detention Center.

    On July 29, Reeves placed the jail into receivership after citing poor conditions for prisoners. Reeves said that deficiencies in supervision and staffing lead to “a stunning array of assaults, as well as deaths.” Seven people died last year while detained at the jail, he said in his July ruling.

    Reeves also wrote that cell doors did not lock and that a lack of lighting in cells made life “miserable for the detainees who live there and prevents guards from adequately surveilling detainees.” He also said guards sometimes slept instead of monitoring the cameras in the control room.

    Hinds County board President Credell Calhoun told the Mississippi Free Press that local officials will weigh their legal options for how to respond.

    Federal and state judges have ordered receiv­er­ships or a similar trans­fer of control for pris­ons and jails only about eight times, according to Hernandez Stroud, an attorney at the Brennan Center for Justice at NYU School of Law.

    France began transitioning into his role Tuesday, but he will not have full operational control over the jail until Jan. 1. According to the terms of the receivership laid out by Reeves in court documents, France will have 120 days from the date of his appointment to develop a draft plan reforming the jail’s conditions.

    France was chosen from a field of four candidates. After conducting interviews, Reeves chose France based on his “diverse experience in corrections and criminal justice system leadership,” court records show. He will be compensated $16,000 per month.

    In addition to his experience as a police officer, France served as deputy secretary of the Maryland Department of Public Safety and Correctional Services, where he managed a $22 million budget and 400 employees, Reeves said. He has also worked as a consultant for the U.S. Department of Justice.

    An online job profile for France also shows that he is the president of a consulting firm that provides “expert witness service to federal, state, municipal government agencies and private attorneys.”

    ———

    Michael Goldberg 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. Follow him on Twitter at twitter.com/mikergoldberg.

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  • Today in History: November 1, Thomas joins Supreme Court

    Today in History: November 1, Thomas joins Supreme Court

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    Today in History

    Today is Tuesday, Nov. 1, the 305th day of 2022. There are 60 days left in the year.

    Today’s Highlight in History:

    On Nov. 1, 1991, Clarence Thomas took his place as the newest justice on the Supreme Court.

    On this date:

    In 1478, the Spanish Inquisition was established.

    In 1512, Michelangelo’s just-completed paintings on the ceiling of the Vatican’s Sistine Chapel were publicly unveiled by the artist’s patron, Pope Julius II.

    In 1604, William Shakespeare’s tragedy “Othello” was first presented at Whitehall Palace in London.

    In 1765, the Stamp Act, passed by the British Parliament, went into effect, prompting stiff resistance from American colonists.

    In 1861, during the Civil War, President Abraham Lincoln named Maj. Gen. George B. McClellan General-in-Chief of the Union armies, succeeding Lt. Gen. Winfield Scott.

    In 1870, the United States Weather Bureau made its first meteorological observations.

    In 1936, in a speech in Milan, Italy, Benito Mussolini described the alliance between his country and Nazi Germany as an “axis” running between Rome and Berlin.

    In 1950, two Puerto Rican nationalists tried to force their way into Blair House in Washington, D.C., in a failed attempt to assassinate President Harry S. Truman. (One of the pair was killed, along with a White House police officer.)

    In 1952, the United States exploded the first hydrogen bomb, code-named “Ivy Mike,” at Enewetak (en-ih-WEE’-tahk) Atoll in the Marshall Islands.

    In 1989, East Germany reopened its border with Czechoslovakia, prompting tens of thousands of refugees to flee to the West.

    In 1995, Bosnia peace talks opened in Dayton, Ohio, with the leaders of Bosnia, Serbia and Croatia present.

    In 2007, less than a week after workers ratified a new contract, Chrysler announced 12,000 job cuts, or about 15 percent of its work force.

    Ten years ago: Israel, lifting a nearly 25-year veil of secrecy, acknowledged it had killed Palestinian leader Yasser Arafat’s deputy in a 1988 raid in Tunisia. (Khalil al-Wazir, who was better known by his nom de guerre Abu Jihad, founded Fatah, the dominant faction in the Palestine Liberation Organization.)

    Five years ago: Federal prosecutors brought terrorism charges against the man accused in the Manhattan truck rampage a day earlier that left eight people dead; prosecutors said Sayfullo Saipov had asked to display the Islamic State group’s flag in the hospital room where he was recovering from police gunfire. President Donald Trump tweeted that the suspect in the truck attack should get the death penalty. Prompting celebrations in a city still recovering from Hurricane Harvey, the Houston Astros won their first World Series championship, beating the Dodgers 5-1 in Game 7 in Los Angeles.

    One year ago: The global death toll from COVID-19 topped 5 million, as tallied by Johns Hopkins University. About 9,000 New York City municipal workers were put on unpaid leave for refusing to comply with a new COVID-19 vaccine mandate, and thousands of city firefighters called out sick in an apparent protest over the requirement. Real estate scion Robert Durst was indicted on a murder charge in the disappearance of his first wife nearly four decades earlier; he was already serving a life sentence for killing a confidante who helped cover up that slaying. (Durst died in January 2022.) At a U.N. summit in Scotland, President Joe Biden apologized for former President Donald Trump’s decision to leave the Paris climate change agreement, and for the role that the U.S. and other wealthy countries played in contributing to climate change.

    Today’s Birthdays: World Golf Hall of Famer Gary Player is 87. Country singer Bill Anderson is 85. Actor Barbara Bosson is 83. Actor Robert Foxworth is 81. Country singer-humorist Kinky Friedman is 78. Actor Jeannie Berlin is 73. Music producer David Foster is 73. Actor Belita Moreno is 73. Country singer-songwriter-producer Keith Stegall is 68. Country singer Lyle Lovett is 65. Actor Rachel Ticotin is 64. Apple CEO Tim Cook is 62. Actor Helene Udy is 61. Pop singer-musician Mags Furuholmen (a-ha) 60. Rock singer Anthony Kiedis (Red Hot Chili Peppers) is 60. Rock musician Rick Allen (Def Leppard) is 59. Country singer “Big Kenny” Alphin (Big and Rich) is 59. Singer Sophie B. Hawkins is 58. Rapper Willie D (Geto Boys) is 56. Country musician Dale Wallace (Emerson Drive) is 53. Actor Toni Collette is 50. Actor-talk show host Jenny McCarthy is 50. Actor David Berman is 49. Actor Aishwarya Rai (ash-WAHR’-ee-ah reye) is 49. Rock singer Bo Bice is 47. Actor Matt Jones is 41. Actor Natalia Tena is 38. Actor Penn Badgley is 36. Actor Max Burkholder is 25. Actor-musician Alex Wolff is 25.

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  • Judge blocks Penguin Random House-Simon & Schuster merger

    Judge blocks Penguin Random House-Simon & Schuster merger

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    NEW YORK — A federal judge has blocked Penguin Random House’s proposed purchase of Simon & Schuster, agreeing with the Justice Department that the joining of two of the world’s biggest publishers could “lessen competition” for “top-selling books.” The ruling was a victory for the Biden administration’s tougher approach to proposed mergers, a break from decades of precedent under Democratic and Republican leadership.

    U.S. District Court Judge Florence Y. Pan announced the decision in a brief statement Monday, adding that much of her ruling remained under seal at the moment because of “confidential information” and “highly confidential information.” She asked the two sides to meet with her Friday and suggest redactions.

    Penguin Random House quickly condemned the ruling, which it called “an unfortunate setback for readers and authors.” In its statement Monday, the publisher said it would seek an expedited appeal.

    Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division praised the decision, saying in a statement that the decision “protects vital competition for books and is a victory for authors, readers, and the free exchange of ideas.”

    He added: “The proposed merger would have reduced competition, decreased author compensation, diminished the breadth, depth, and diversity of our stories and ideas, and ultimately impoverished our democracy.”

    Pan’s finding was not surprising — through much of the trial in August she had indicated agreement with the Justice Department’s contention that Penguin Random House’s plan to buy Simon & Schuster, for $2.2 billion, might damage a vital cultural industry.

    But it was still a dramatic departure from recent history in the book world and beyond. The publishing industry has been consolidating for years with little interference from the government, even when Random House and Penguin merged in 2013 and formed what was then the biggest publishing house in memory. The joining of Penguin Random House and Simon & Schuster would have created a company far exceeding any rival and those opposing the merger included one of Simon & Schuster’s signature writers, Stephen King, who testified last summer on behalf of the government.

    The Biden Justice Department has been pushing forward with aggressive enforcement of federal antitrust laws that officials say aim to ensure a fair and competitive market.

    Monday’s news follows recent losses for the department in two significant antitrust cases in separate federal courts. The DOJ lost its bid to block a major U.S. sugar manufacturer, U.S. sugar, from acquiring its rival Imperial Sugar Co., one of the largest sugar refiners in the nation. The prosecutors signaled that they intended to appeal the decision. They also were stymied in their effort to block the roughly $8 billion acquisition by UnitedHealth Group, which runs the largest U.S. health insurer, of Change Healthcare, a healthcare technology company.

    The DOJ also has been battling American Airlines and JetBlue in an antitrust trial in federal court in Boston, challenging their regional partnership in the Northeast, which the government calls a de facto merger.

    The Justice Department’s case against Penguin Random House did not focus on market share overall or on potential price hikes for customer. The DOJ instead argued that the new company would so dominate the market for commercial books, those with author advances of $250,000 and higher, that the size of advances would go down and the number of releases would decrease.

    Penguin Random House’s global CEO, Markus Dohle, had promised that imprints of Penguin Random House and Simon & Schuster would still be permitted to bid against each other for books. But he acknowledged under oath during the trial that his guarantee was not legally binding. Pan otherwise persistently challenged Penguin Random House’s assurances that the merger would not reduce competition.

    Simon & Schuster will likely end up under new ownership, no matter the outcome of any legal appeals. The publisher had been up for sale well before the Penguin Random House deal was announced late in 2020 and the publisher’s corporate parent, Paramount Group Inc., has said it did not see Simon & Schuster as part of its future. Under bidders against Penguin Random House included Rupert Murdoch’s News Corp, which owns HarperCollins Publishers.

    Simon & Schuster is one of the country’s oldest and most successful publishers, with authors ranging from King and and former Secretary of State Hillary Clinton to Colleen Hoover and Doris Kearns Goodwin. Authors at Penguin Random House include Clinton’s husband, former President Bill Clinton, “Where the Crawdads Sing” novelist Delia Owens and historian Robert A. Caro.

    In a company memo Monday shared with The Associated Press, Simon & Schuster CEO Jonathan Karp sought to reassure employees that “despite this news, our company continues to thrive. We are more successful and valuable today than we have ever been, thanks to the efforts of all of you on behalf of our many magnificent authors.”

    Pan, meanwhile, has since been appointed to the U.S. Court of Appeals for the D.C. Circuit, replacing Ketanji Brown Jackson after she was nominated by Biden and approved by the Senate for the Supreme Court.

    ————

    Associated Press writer Marcy Gordon in Washington contributed to this report.

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  • Judge blocks Penguin Random House-Simon & Schuster merger

    Judge blocks Penguin Random House-Simon & Schuster merger

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    NEW YORK — A federal judge has blocked Penguin Random House’s proposed purchase of Simon & Schuster, agreeing with the Justice Department that the joining of two of the world’s biggest publishers could “lessen competition” for “top-selling books.” The ruling reinforced the Biden administration’s tougher approach to proposed mergers, a break from decades of precedent under Democratic and Republican presidents.

    U.S. District Court Judge Florence Y. Pan announced the decision in a brief statement Monday, adding that much of her ruling remained under seal at the moment because of “confidential information” and “highly confidential information.” She asked the two sides to meet with her Friday and suggest redactions.

    Penguin Random House quickly condemned the ruling, which it called “an unfortunate setback for readers and authors.” In its statement Monday, the publisher said it would immediately seek an expedited appeal.

    Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division praised the decision, saying in a statement that the decision “protects vital competition for books and is a victory for authors, readers, and the free exchange of ideas.”

    He added: “The proposed merger would have reduced competition, decreased author compensation, diminished the breadth, depth, and diversity of our stories and ideas, and ultimately impoverished our democracy.”

    Pan’s ruling was not surprising — through much of the trial last August she had indicated agreement with the Justice Department’s contention that Penguin Random House’s plan to buy Simon & Schuster might damage a vital cultural industry.

    But it was still a dramatic break from recent history in the book world and beyond. The publishing industry has been consolidating for years with little interference from the government, even when Random House and Penguin merged in 2013 and formed what was then the biggest publishing house in memory. The joining of Penguin Random House and Simon & Schuster would have created a company far exceeding any rival.

    The Justice Department’s legal action did not focus on market share overall or on potential price hikes for customer. The DOJ instead argued that the new company would so dominate the market for commercial books, those with author advances of $250,000 and higher, that the size of advances would go down and the number of releases would decrease.

    Penguin Random House’s global CEO, Markus Dohle, had promised that imprints of Penguin Random House and Simon & Schuster would still be permitted to bid against each other for books. But he acknowledged under oath during the trial that his guarantee was not legally binding. Pan otherwise persistently challenged Penguin Random House’s assurances that the merger would not reduce competition.

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  • Election conspiracy theorists jailed in Texas lawsuit

    Election conspiracy theorists jailed in Texas lawsuit

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    HOUSTON — The leaders of a Texas-based group that promotes election conspiracy theories were jailed Monday for not complying with a court order to provide information in a defamation lawsuit over some of their claims.

    Catherine Engelbrecht and Gregg Phillips, who run True the Vote, were ordered detained by U.S. Marshals, according to an order signed by U.S. District Judge Kenneth Hoyt in Houston. They will be held for at least one day or “until they fully comply with the Court’s Order,” Hoyt wrote.

    Houston-based True the Vote provided research for a debunked documentary that alleged widespread voter fraud in the 2020 election. Engelbrecht, Phillips and their nonprofit organization are being sued by Michigan-based election software provider Konnech Inc. over True the Vote’s claims of a Chinese-related conspiracy involving U.S. poll workers’ information.

    Alfredo Perez, a spokesman for the U.S. Marshals Service in Houston, said Monday that Engelbrecht and Phillips were in the law enforcement agency’s custody.

    True the Vote said in a statement read during a video livestream Monday that its attorneys would appeal Hoyt’s ruling.

    Konnech provides election software used to recruit and train poll workers. It has accused Engelbrecht, Phillips and their group of falsely claiming that Konnech stored the personal information of U.S. election workers in an unsecured server in China.

    The lawsuit also alleges True the Vote’s leaders illegally downloaded from Konnech’s server the personal data of 1.8 million U.S. poll workers.

    Konnech says all of its U.S. customer data is secured and stored on “protected computers within the United States.”

    Hoyt issued a temporary restraining order earlier in October telling Engelbrecht and Phillips to return all data belonging to Konnech and reveal the names of anyone who helped access it.

    In a court hearing last week, Phillips declined to reveal the name of an analyst who reviewed the data.

    True the Vote quoted Engelbrecht in its statement as saying that the group does not believe the person was covered by Hoyt’s disclosure order.

    Konnech’s lawsuit accuses Engelbrecht and Phillips of “racism and xenophobia” by making “baseless claims” that “the Chinese Communist Party is somehow controlling U.S. elections through Konnech because its founder and some of its employees are of Chinese descent.”

    Konnech’s CEO and founder, Eugene Yu, 65, is a naturalized U.S. citizen who was born in China, according to his attorneys. He has lived with his family in Michigan for more than 20 years.

    Engelbrecht and Phillips have pointed out that Los Angeles County prosecutors recently charged Yu with grand theft by embezzlement and conspiracy to commit a crime.

    Prosecutors allege that Konnech violated its contract with Los Angeles County by sending election workers’ information to a China-based subcontractor who helped fix Konnech software.

    Gary S. Lincenberg, one of Yu’s attorneys, has denied the allegations.

    “This is a deeply misguided prosecution that attempts to criminalize what is, at best, a civil breach of contract claim involving poll worker management software,” Lincenberg said last week in a court filing.

    True the Vote’s claims of election fraud have been widely discredited.

    Cellphone data analysis done by True the Vote was used by conservative filmmaker Dinesh D’Souza in his film “2000 Mules” to try to show that Democratic operatives were paid to illegally collect and drop off ballots in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

    Independent fact-checkers, including at The Associated Press, found that True the Vote did not prove its claims. Election security experts say it is based on faulty assumptions, anonymous accounts and improper analysis of cellphone location data. Georgia election officials also have said the claims are false.

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    Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70

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    Associated Press writer Terry Wallace in Dallas contributed to this report.

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