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Tag: Prisons

  • 2 Pakistanis reach home after being freed from Guantanamo

    2 Pakistanis reach home after being freed from Guantanamo

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    ISLAMABAD — Two Pakistani brothers held by the United States at Guantanamo Bay military prison for two decades were freed by U.S. officials and returned home on Friday, officials said.

    They will be reunited with their families after a formal questioning by Pakistani authorities, according to security officials and a Pakistani senator.

    Pakistan arrested Abdul and Mohammed Rabbani on suspicion of their links to al-Qaida in 2002 in Karachi, the country’s largest southern port city. It was the same year Ramzi Binalshibh, a top al-Qaida leader, was arrested by Pakistan’s spy agency on a tip from the CIA.

    The releases come months after a 75-year-old Pakistani, Saifullah Paracha, was freed from the Guantanamo Bay detention center.

    The two brothers arrived at an airport in the capital, Islamabad on Friday. Pakistani Sen. Mushtaq Ahmed Khan, the chairman of the human rights committee in the upper house of Pakistan’s Parliament, tweeted Friday that the two brothers had reached Islamabad airport.

    He said the men were “innocently imprisoned in Guantanamo Bay for 21 years. There was no trial, no court proceedings, no charges against them. Congratulations on their release. Thank you Senate of Pakistan,” he wrote on Twitter.

    Khan later told The Associated Press that the brothers were being sent to Karachi, the capital of southern Sindh province, where they lived with their families. He said he hoped the men will be reunited with their families soon.

    The brothers’ release was the latest U.S. move toward emptying and shutting down the Guantanamo Bay detention facility. Former President George W. Bush’s administration set it up to house extremist suspects after the Sept. 11, 2001 al-Qaida attacks on the United States.

    U.S. officials accused the brothers of helping al-Qaida members with housing and other logistical support. The brothers alleged torture while in CIA custody before being transferred to Guantanamo. U.S. military records describe the two as providing little intelligence of value, and that they did not recant statements made during interrogations on the grounds they were obtained by physical abuse.

    The U.S. Defense Department announced their repatriation in a statement the previous day.

    On Friday, a close family friend of the two brothers told the AP that Pakistani authorities had formally informed the brothers’ family about the release and their return to Pakistan.

    The family friend, who is Pakistani and refused to be identified for security reasons, said the younger Rabbani learned painting during his detention at Guantanamo Bay, and that he was expected to bring with him some of those paintings.

    He said Ahmed Rabbani frequently went on hunger strikes and prison officials fed him through a tube. He said the man remained on the nutritional supplements.

    Guantanamo at its peak in 2003 held about 600 people considered terrorists by the U.S. Supporters of using the detention facility for such figures say doing so prevented attacks. Critics say the military detention and courts subverted human rights and constitutional rights and undermined American standing abroad.

    Thirty-two detainees remain at Guantanamo Bay, including 18 eligible for transfer if stable third-party countries can be found to take them, the Pentagon said. Many are from Yemen, a country considered too plagued with war and extremist groups and too devoid of services for freed Yemeni detainees to be sent there.

    Nine of the detainees are defendants in slow-moving military-run tribunals. Two others have been convicted.

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    Associated Press writer Ellen Knickmeyer in Washington contributed to this report.

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  • R. Kelly avoids lengthy add-on to 30-year prison sentence

    R. Kelly avoids lengthy add-on to 30-year prison sentence

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    CHICAGO — A federal judge on Thursday handed singer R. Kelly a 20-year prison sentence for his convictions of child pornography and the enticement of minors for sex but said he will serve nearly all of the sentence simultaneously with a 30-year sentence imposed last year on racketeering charges.

    U.S. District Judge Harry Leinenweber also ordered that Kelly serve one year in prison following his New York sentence.

    The central question going into the sentencing in Kelly’s hometown of Chicago was whether Leinenweber would order that the 56-year-old serve the sentence simultaneously with or only after he completes the New York term for 2021 racketeering and sex trafficking convictions. The latter would have been tantamount to a life sentence.

    Prosecutors had acknowledged that a lengthy term served only after the New York sentence could have erased any chance of Kelly ever getting out of prison alive. It’s what they asked for, arguing his crimes against children and lack of remorse justified it.

    With Thursday’s sentence, though, Kelly will serve no more than 31 years. That means he will be eligible for release at around age 80, providing him some hope of one day leaving prison alive.

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

    CHICAGO — R. Kelly is set to learn whether he will spend the rest of his life in prison when a federal judge sentences him Thursday on convictions of child pornography and enticement of minors for sex.

    Prosecutors have asked the judge overseeing the sentencing hearing in Kelly’s hometown of Chicago to order him to serve a 25-year sentence only after he completes a 30-year term imposed last year in New York for racketeering and sex trafficking.

    That would make the 56-year-old Grammy Award winner eligible for release in 2066, a year shy of his 100th birthday. The defense wants a sentence of around 10 years, served concurrently.

    If Judge Harry Leinenweber does let Kelly serve his new sentence simultaneously with the New York sentence, he should be eligible for release when he is about 80 — providing him some hope of one day resuming life outside prison.

    Leinenweber said at the outset of the hearing that he did not accept the government’s contention that Kelly used fear to woo underage girls for sex.

    “The (government’s) whole theory of grooming, was sort of the opposite of fear of bodily harm,” the judge told the court. “It was the fear of lost love, lost affections (from Kelly)’. … It just doesn’t seem to me that it rises to the fear of bodily harm.”

    Prosecutors say Kelly’s crimes against children and his lack of remorse justify the stiffer sentence.

    A calm Kelly spoke briefly at the start of the hearing, when the judge asked him if he had reviewed key presentencing documents for any inaccuracies.

    “Your honor, I have gone over it with my attorney,” Kelly said. “I’m just relying on my attorney for that.”

    Two of Kelly’s accusers asked the judge to punish him harshly.

    In a statement read aloud in court, a woman who testified under the pseudonym “Jane” said she had lost her early aspirations to become a singer herself and her hopes for fulfilling relationships.

    “I have lost my dreams to Robert Kelly,” the statement said. “I will never get back what I lost to Robert Kelly. … “I have been permanently scarred by Robert.”

    The woman was a key witness for prosecutors during Kelly’s trial; four of his convictions are tied to her.

    “When your virginity is taken by a pedophile at 14 … your life is never your own,” Jane’s statement read.

    Another accuser, who used the pseudonym “Nia,” attended the hearing and addressed Kelly directly in court. Speaking forcefully as her voice quivered, Nia said Kelly would repeatedly pick at her supposed faults while he abused her.

    “Now you are here … because there is something wrong with you,” she said. “No longer will you be able to harm children.”

    Jurors in Chicago convicted Kelly last year on six of 13 counts: three counts of producing child porn and three of enticement of minors for sex.

    Kelly rose from poverty in Chicago to become one of the world’s biggest R&B stars. Known for his smash hit “I Believe I Can Fly” and for sex-infused songs such as “Bump n’ Grind,” he sold millions of albums even after allegations about his abuse of girls began circulating publicly in the 1990s.

    In presentencing filings, prosecutors described Kelly as “a serial sexual predator” who used his fame and wealth to reel in, sexually abuse and then discard star-struck fans.

    U.S. Assistant Attorney Jeannice Appenteng on Thursday urged the judge to set a longer sentence and keep Kelly in prison “for the rest of his life.”

    Kelly’s abuse of children was all the worse, she said, because he “memorialized” his abuse by filming victims, including Jane. She told the court Kelly “used Jane as a sex prop, a thing” for producing pornographic videos.

    In prehearing filings, Kelly’s lawyer, Jennifer Bonjean, accused prosecutors of offering an “embellished narrative” in an attempt to get the judge to join what she called the government’s “bloodthirsty campaign to make Kelly a symbol of the #MeToo movement.”

    Bonjean said Kelly has suffered enough, including financially. She said his worth once approached $1 billion, but that he “is now destitute.”

    In court Thursday, Bonjean said Kelly will be lucky to survive his 30-year New York sentence alone. To give him a consecutive 25-year sentence on top of that “is overkill, it is symbolic,” she said. “Why? Because it is R. Kelly.”

    She also argued that Kelly’s silence should not be viewed as a lack of remorse.

    She said that while she advised Kelly not to speak because he continues to appeal his convictions and could face other legal action, “He would like to, he would like to very much.”

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    Follow Michael Tarm on Twitter at https://twitter.com/mtarm

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    Find more of AP’s coverage of R. Kelly’s trials at https://apnews.com/hub/r-kelly

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  • Woman gets 4+ years in jail for harming college schoolmates

    Woman gets 4+ years in jail for harming college schoolmates

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    NEW YORK — A New York woman who admitted aiding an ex-convict’s decade-long plot to extort and sexually abuse his daughter’s Sarah Lawrence College schoolmates was sentenced Wednesday to over four years in prison by a judge who called her critical to his scheme.

    Isabella Pollok must report to prison by April 25 to begin serving a 4 1/2-year sentence that U.S. District Judge Lewis J. Liman said resulted from her failure to rebel against Lawrence Ray’s crimes.

    The judge said Pollok participated in “extreme and sadistic violence” in committing “extremely serious” crimes after being recruited when she was 19 and vulnerable.

    “Your role was nonetheless critical,” he said, noting she took steps to prevent a former schoolmate from escaping years of prostitution that produced millions of dollars for Ray. “You were in no means innocent.”

    Ray, 63, was sentenced last month to 60 years in prison after his conviction following a trial in which his victims described how he convinced them that they had poisoned him before forcing them to make amends by doing work for him, obeying his commands and paying him cash.

    Pollok, who pleaded guilty to a money laundering conspiracy charge last September, stood between her lawyers and sobbed as she briefly spoke before being sentenced.

    “I believed and supported someone who controlled me in ways I cannot understand. I will live with the guilt forever,” she said through her tears. “I badly hurt my friends and I am ashamed and deeply regret it. I am truly sorry.”

    Pollok, who graduated from the Westchester County school where Ray met most of his victims, faced up to five years in prison.

    Her lawyers, who asked that she serve no prison time or receive home detention as an alternative, blamed Ray for manipulating their client after meeting her when she was near-suicidal after a childhood with a mother addicted to drugs and a father and brother in prison.

    Liman said the sentence he imposed was in part for Pollok’s cruelty to a woman who Ray had forced into prostitution. The judge said she “gleefully” participated in an assault on the woman in a hotel room where, among other things, she was choked and suffocated with a plastic bag.

    Assistant U.S. Attorney Lindsey Keenan said Pollok had played an “active role” in Ray sadistic acts, including handing “him a plastic bag so he could suffocate her college friend.”

    Keenan said Pollok also kept a catalogue on her computer of video recordings of her former schoolmates in compromising sexual positions or supposedly admitting they had harmed Ray so she could retrieve the “collateral” if Ray wanted to discipline anyone.

    “The next time I see you, you will be in a jumpsuit,” the prosecutor said Pollok once wrote to the woman Ray had forced into prostitution.

    Defense attorney David Bertan said Pollok had no lifeline when she met Ray, who brainwashed her.

    He noted that the woman forced into prostitution had written to the judge requesting leniency for Pollok.

    Bertan said Pollok was rebuilding her life in part by working at an Amazon warehouse.

    “I don’t see that a cult victim should have to go to jail for being in a cult,” he said.

    Outside court, Bertan said he was disappointed by the sentence.

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  • Minnesota Senate approves restoring voting rights for felons

    Minnesota Senate approves restoring voting rights for felons

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    ST. PAUL, Minn. — The Minnesota Senate moved Tuesday to restore voting rights to convicted felons as soon as they get out of prison instead of continuing to require them to complete their parole before they can cast a ballot.

    The Senate approved the “Restore the Vote” bill less than a week after the Minnesota Supreme Court upheld the state’s current restrictions and left it up to the Legislature to change them. Democrats behind the measure say it will help reintegrate former inmates — who are disproportionately people of color — back into society.

    “We know that in the state of Minnesota right now we have more than 55,000 of our friends, our neighbors and family members who are not allowed to vote. They should have the right to vote,” Democratic Senate President Bobby Joe Champion, of Minneapolis, told his colleagues.

    The Senate approved the bill 35-30 Tuesday night and sent it to Democratic Gov. Tim Walz for his promised signature.

    Supporters of the bill said it took on an even greater urgency after the Minnesota Supreme Court last week rejected a challenge by the American Civil Liberties Union, which had argued that the state’s restrictions were unconstitutional.

    The high court’s ruling acknowledged that 1% of white people, 6% of Black people and 9% of Native American people in Minnesota could not vote in 2018 because they had been convicted of a felony but had not completed their parole. If the right to vote was restored upon release from incarceration, it said, those percentages would drop to 0.1%, 1.5% and 2%, respectively.

    Twenty-one other states restore voting rights when people with felony convictions leave prison, according to the National Conference of State Legislatures, including Republican-controlled North Dakota, Indiana and Utah. Some California lawmakers are pushing to allow felons to vote even while they’re still in prison, regardless of their crimes, as Maine, Vermont and the District of Columbia already do.

    Champion said residents who would regain the right to vote are often people whom the courts have deemed safe for release, and that they’re working, raising families and paying taxes. He noted that groups representing prosecutors, public defenders, probation officers and crime victims support the bill, as does the state Department of Corrections.

    “When individuals are connected to their communities and participating in pro-social activities, recidivism goes down, and the decision to do something to reoffend goes down as well,” he said.

    Attempts by Republicans to weaken the bill failed, including one amendment to exclude people convicted of violent crimes and another that would have kept the requirement to complete parole in place at least for those convicted of child rape.

    GOP Sen. Warren Limmer, of Maple Grove, disputed Champion’s assertions that probationary periods often run as long as 20 years in Minnesota. He noted that the Minnesota Sentencing Guidelines Commission around three years ago capped parole for most offenses at five years, with exceptions remaining for first-degree murder and rape.

    Limmer told reporters during a break in the debate that felons should not regain their civil rights — in this case the right to vote — until after they’ve completed their full sentence, both their incarceration and probation. He also accused Democrats of getting weaker and weaker on criminals at a time when crime is already high.

    “There are some offenders that have committed heinous crimes against innocent citizens. I don’t think the Senate understands that,” Limmer said. “Because this bill treats it as a one-size-fits all — all criminals get the same treatment.”

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  • Spain court denies Dani Alves’ appeal to be freed on bail

    Spain court denies Dani Alves’ appeal to be freed on bail

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    MADRID — A Spanish court denied Dani Alves’ appeal on Tuesday to be freed on bail while the investigation of a sexual assault accusation against the Brazilian soccer player continues.

    The court ruled that Alves was a flight risk and must remain in prison during the investigation. A trial has not been set.

    Alves was provisionally detained in January after being accused of sexually assaulting a woman at a nightclub on Dec. 30. He has denied wrongdoing and said sex with the accuser was consensual.

    A judge ordered him to be jailed without bail after analyzing the initial probe by authorities and hearing testimony from Alves, the alleged victim and others witnesses.

    Alves’ lawyers filed the appeal saying the Brazilian agreed to turn in his passport and wear a tracking device if he was freed. Alves would also report to the court and to authorities as often as required, including daily, and would not go within 500 meters (yards) of the accuser or her home or workplace.

    But the court ruled that those measures would not be enough to keep the player from potentially trying to escape considering he faces several years in prison if found guilty. It also said there was considerable evidence that a crime might have been committed, and that Alves’ wealth could make it easier for him to try to flee regardless of the amount of bail.

    “Nothing would stop Mr. Alves from leaving Spain by air, sea or even land without documentation and reaching his country of origin, where he could stay knowing that he would not be delivered to Spain despite international arrest warrants or extradition orders,” the court said.

    Brazil does not extradite its own citizens when they are sentenced in other countries. Another former Brazil player, Robinho, had a nine-year sentence for the rape of a young woman in Italy upheld by a top Italian court last year, but he remains free in Brazil.

    The 39-year-old Alves can appeal again while the court decides whether to set up a trial.

    Under Spain’s sexual consent law passed last year, sexual assault takes in a wide array of crimes from online abuse and groping to rape, each with different possible punishments. A case of rape can receive a maximum sentence of 15 years.

    Alves won 42 soccer titles, including three Champions Leagues with Barcelona and two Copa Americas with Brazil. He played in his third World Cup last year in Qatar.

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    Tales Azzoni on Twitter: http://twitter.com/tazzoni

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    More AP soccer: https://apnews.com/hub/soccer and https://twitter.com/AP_Sports

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  • Former Theranos exec seeks to avoid lengthy prison sentence

    Former Theranos exec seeks to avoid lengthy prison sentence

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    SAN JOSE, Calif. — Former Theranos executive Ramesh “Sunny” Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury’s verdict convicting him of orchestrating a blood-testing hoax with his former boss and lover, Elizabeth Holmes.

    Besides overseeing arguments about Balwani’s attempt to delay the start of his nearly 13-year prison sentence, U.S. District Judge Edward Davila also heard a vigorous debate about how much money Balwani should pay investors and patients duped by the Theranos blood tests that never worked as promised. The deceit resulted in Balwani’s conviction on 12 counts of fraud and conspiracy.

    Davila didn’t issue any rulings at the end of the 90-minute hearing. His decision on whether Balwani can remain free on bail while he appeals his conviction, however, is likely to come soon. That’s because Balwani, 57, is scheduled to report to prison in Lompoc, California, on March 15.

    The judge said he doesn’t expect to decide on the question of how much Balwani should pay in restitution until another hearing on the same issues is held for Holmes, Theranos’ disgraced CEO, on March 17.

    Holmes, 38, also is seeking to remain free on bail while she appeals her conviction on four counts of fraud and conspiracy. She is scheduled to report to a prison in Bryon, Texas, on April 27 to begin a sentence of more than 11 years.

    In Friday’s hearing, one of Balwani’s lawyers sought to deflect the blame for Theranos’ eventual collapse to Holmes. In her presentation, Amy Walsh asserted Theranos still had $350 million in cash and intellectual property worth about $100 million in May 2016 when Holmes fired Balwani as the company’s chief operating officer and ended their romantic relationship.

    “When he walked out the door, the company was extremely valuable,” Walsh said in Balwani’s defense.

    Davila seemed skeptical of that rationale, asking Walsh: “Are you saying his conduct was completely divorced from Theranos’ demise?”

    Federal prosecutors are seeking a court order that would saddle Balwani with a restitution bill of nearly $900 million — a figure that would likely be largely symbolic. It would also be far larger that than the $120 million loss estimate that Davila used in calculating Balwani’s prison sentence.

    Prosecutor Robert Leach openly scoffed at Walsh’s contention that Balwani should owe nothing, calling it a “remarkable position.”

    The two sides also painted radically different pictures in their arguments about whether Balwani should be allowed to remain free during his appeal.

    Balwani attorney Mark Davies alleged that government misconduct in the presentation of evidence during Balwani’s trial makes it likely he will prevail in the appeal of his convictions. But federal prosecutor Kelly Volkar repeatedly denied any wrongdoing.

    Davies also stressed Balwani’s compliance with all bail requirements since he was indicted in 2018 as evidence that he isn’t a flight risk. The lawyer also pointed to Balwani’s non-violent history and past charity work in India as evidence he poses no danger to the community.

    Volkar suggested Balwani may have more incentive to flee with his lengthy prison sentence now less than a month away and argued he remains a potential menace.

    “Damage can come in the form of economic harms as much as it can come in the form of violent harm,” Volkar said.

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  • Lawsuit: Mentally ill man froze to death in Alabama jail

    Lawsuit: Mentally ill man froze to death in Alabama jail

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    MONTGOMERY, Ala. — A mentally ill man froze to death at an Alabama jail, according to a lawsuit filed by the man’s family who say he was kept naked in a concrete cell and believe he was also placed in a freezer or other frigid environment.

    Anthony Don Mitchell, 33, arrived at a hospital emergency room with a body temperature of 72 degrees (22 degrees Celsius), and was pronounced dead hours later, according to the lawsuit. He was brought to the hospital on Jan. 26 from the Walker County Jail, where he’d been incarcerated for two weeks.

    An emergency room doctor, who tried unsuccessfully to revive Mitchell, wrote, “I do believe hypothermia was the ultimate cause of his death,” according to the lawsuit filed Monday by Mitchell’s mother in federal court.

    Mitchell, who had a history of drug addiction, was arrested Jan. 12 after a cousin asked authorities to do a welfare check on him because he was rambling about portals to heaven and hell in his home and appeared to be suffering a mental breakdown. Jail video shows Mitchell was kept naked in a concrete-floored isolation cell, according to the lawsuit. The lawsuit speculates that Mitchell was also placed in the jail kitchen’s “walk-in freezer or similar frigid environment and left there for hours” because his body temperature was so low.

    “It is clear that Tony’s death was wrongful, the result of horrific, malicious abuse and mountains of deliberate indifference,” Jon C. Goldfarb, a lawyer representing the family, wrote in the lawsuit. “Numerous corrections officers and medical staff wandered over to his open cell door to spectate and be entertained by his condition.”

    The lawsuit also accuses the sheriff’s office of a cover-up. The sheriff’s office issued a statement after the death saying Mitchell “was alert and conscious when he left the facility.” Jail security footage provided to The Associated Press by lawyers for Mitchell’s mother shows officers carrying Mitchell’s limp body to a transport car, then putting him on the ground before placing him in the car.

    The suit names Walker County Sheriff Nick Smith and jail officers as defendants.

    Lawyers representing the Walker County Sheriff’s Office said it could not comment before the conclusion of a requested investigation. The sheriff’s office, following routine procedures, contacted the State Bureau of Investigation after Mitchell’s death to ask for the investigation, according to a statement from Jackson, Fikes & Brakefield.

    “The WCSO offers and extends its condolences to the family of Mr. Mitchell and asks for your support and patience for the men and women of the WCSO,” the firm wrote in the statement.

    A photo of of Mitchell being arrested was posted by the sheriff’s office on its Facebook page, adding that Mitchell “brandished a handgun, and fired at least one shot at deputies” before running into the woods.

    The photo shows Mitchell’s face is painted black. According to the lawsuit, officers told a family member that Mitchell said he spray painted his own face black in preparation to enter the portal to hell. An officer told family members they planned “to detox him and then ‘we’ll see how much of his brain is left,’ or words to that effect,” according to the suit.

    According to the lawsuit, a doctor wrote in emergency room notes that Mitchell was “unresponsive apneic and pulseless and cold to the touch” when he arrived.

    “I am not sure what circumstances the patient was held in incarceration but it is difficult to understand a rectal temperature of 72° F 22° centigrade while someone is incarcerated in jail. The cause of his hypothermia is not clear. It is possible he had a underlying medical condition resulting in hypothermia. I do not know if he could have been exposed to a cold environment,” the lawsuit quotes the doctor as writing.

    Cameron Mixon, a spokesperson for Alabama Attorney General Steve Marshall, said the office is aware of the matter and it’s “being investigated by the Alabama Law Enforcement Agency and the Federal Bureau of Investigation.” He said the office will ensure that any appropriate action is taken after the investigation is complete.

    The allegations of death by hypothermia come as the state prison system also faces a lawsuit over the death of a mentally ill man who “baked to death” in an overheated prison cell. Thomas Lee Rutledge died of hyperthermia on Dec. 7, 2020, at William E. Donaldson Correctional Facility in Bessemer. Rutledge had an internal temperature of 109 degrees when he was found unresponsive in the mental health cell, according to the suit filed by his sister. It names prison staff, wardens and contractors as defendants.

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  • US prosecutors ask for 25 more years in prison for R. Kelly

    US prosecutors ask for 25 more years in prison for R. Kelly

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    CHICAGO — Federal prosecutors Thursday asked a judge to give singer R. Kelly 25 more years in prison for his child pornography and enticement convictions last year in Chicago, which would add to 30 years he recently began serving in a New York case.

    The 56-year-old wouldn’t be eligible for release until he was around 100 if the judge agrees both to the 25-year sentence and another government request that Kelly begin serving his Chicago sentence only after the 30-year New York sentence is fully served.

    In their sentencing recommendation filed late Thursday in U.S. District Court in Chicago, prosecutors described Kelly’s behavior as “sadistic,” calling him “a serial sexual predator” with no remorse and who “poses a serious danger to society.”

    “The only way to ensure Kelly does not reoffend is to impose a sentence that will keep him in prison for the rest of his life,” the 37-page government filing says.

    Kelly’s sentencing in Chicago is set for Thursday next week.

    Kelly’s lawyer, Jennifer Bonjean, wrote in a filing last week that even with his existing 30-year New York sentence, “Kelly would have to defy all statistical odds to make it out of prison alive.” She cited data that the average life expectancy of inmates is 64.

    She recommended a sentence of around 10 years, at the low end of the sentencing guidelines range, which she said could be served simultaneously with the New York sentence.

    In arguing for the lesser sentence, Bonjean alleged Kelly, who is Black, was singled out for behavior that she said white rock stars have gotten away with for decades.

    “None have been prosecuted and none will die in prison,” she wrote.

    Prosecutors acknowledged that a 25-year sentence in the Chicago case would be more time than even sentencing guidelines recommend. But they argued imposing a long sentence and instructing it be served only after the New York sentence was appropriate.

    “A consecutive sentence is eminently reasonable given the egregiousness of Kelly’s conduct,” the filing argued. “Kelly’s sexual abuse of minors was intentional and prolific.”

    At the trial in Chicago last year, jurors convicted the Grammy Award winning singer on six of 13 counts. But the government lost the marquee count that Kelly and his then-business manager successfully rigged his state child pornography trial in 2008.

    Both of Kelly’s co-defendants, including longtime business manager Derrel McDavid, were acquitted of all charges.

    Kelly, born Robert Sylvester Kelly, rose from poverty in Chicago to superstardom, becoming known for smash hit “I Believe I Can Fly” and sex-infused songs such as “Bump n’ Grind.”

    While the Grammy Award-winner went to trial in 2008, it wasn’t until after the airing of Lifetime’s 2019 docu-series, “Surviving R. Kelly” — featuring testimonials by his accusers — that criminal investigations were kicked into high-gear, ending with federal and new state charges.

    In January, an Illinois judge dismissed state sex-abuse charges prior to a trial on the recommendation of Cook County State’s Attorney Kim Foxx. Foxx said she was comfortable dropping the case because Kelly would spend decades in prison for his federal convictions.

    Prosecutors at Kelly’s federal trial in Chicago portrayed him as a master manipulator who used his fame and wealth to reel in star-struck fans to sexually abuse, in some cases to video record them, and then discard them.

    After deliberating over two days, jurors convicted Kelly of three counts each of producing child pornography and enticement of minors for sex, while acquitting him of obstruction of justice, one count of production of child porn and three counts of receiving child porn.

    The Chicago verdict came months after a federal judge in New York sentenced Kelly to 30 years in prison for racketeering and sex trafficking. Based on that sentence alone, he wouldn’t eligible for release until he is around 80.

    Even if granted time off for good behavior, Kelly would be only be eligible for release if he serves 25 years after the New York sentence in the year 2066, the government’s Thursday filing said.

    It will be up to Judge Harry Leinenweber in Chicago to decide the crucial question of whether Kelly serves whatever sentence he imposes concurrently, simultaneously, with the New York sentence or consecutively.

    Kelly’s legal team is appealing his New York and Chicago convictions. Prosecutors sometimes press for long sentences for defendants sentenced at earlier trials in a bid to ensure that, if some convictions are later tossed, they will still do some time behind bars.

    Bonjean argued that traumas throughout Kelly’s life, including abuse as a child and illiteracy throughout adulthood, justified leniency in sentencing the singer.

    Kelly “is not an evil monster but a complex (unquestionably troubled) human-being who faced overwhelming challenges in childhood that shaped his adult life,” she said.

    That the conduct for which he was convicted occurred decades ago should also be factored in, she said.

    “While Kelly was not a child in the late 1990s, he also was not the middle-aged man he was at the time of his 2019 indictment,” she argued. “Kelly was a damaged man in his late 20s.”

    She added that Kelly has already paid a heavy price from his legal troubles, including a financial one. She said his worth once approached $1 billion but that he “is now destitute.”

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    Follow Michael Tarm on Twitter at https://twitter.com/mtarm

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    Find more of AP’s coverage of R. Kelly’s trials at https://apnews.com/hub/r-kelly

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  • US prosecutors ask for 25 more years in prison for R. Kelly

    US prosecutors ask for 25 more years in prison for R. Kelly

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    CHICAGO — Federal prosecutors Thursday asked a judge to give singer R. Kelly 25 more years in prison for his child pornography and enticement convictions last year in Chicago, which would add to 30 years he recently began serving in a New York case.

    The 56-year-old wouldn’t be eligible for release until he was around 100 if the judge agrees both to the 25-year sentence and another government request that Kelly begin serving his Chicago sentence only after the 30-year New York sentence is fully served.

    In their sentencing recommendation filed before midnight Thursday in U.S. District Court in Chicago, prosecutors described Kelly’s behavior as “sadistic,” calling him “a serial sexual predator” with no remorse and who “poses a serious danger to society.”

    “The only way to ensure Kelly does not reoffend is to impose a sentence that will keep him in prison for the rest of his life,” the 37-page government filing says.

    Kelly’s sentencing in Chicago is set for Thursday next week.

    Kelly’s lawyer, Jennifer Bonjean, wrote in a filing last week that even with his existing 30-year New York sentence, “Kelly would have to defy all statistical odds to make it out of prison alive.” She cited data that the average life expectancy of inmates is 64.

    She recommended a sentence of around 10 years, at the low end of the sentencing guidelines range, which she said could be served simultaneously with the New York sentence.

    In arguing for the lesser sentence, Bonjean alleged Kelly, who is Black, was singled out for behavior that she said white rock stars have gotten away with for decades.

    “None have been prosecuted and none will die in prison,” she wrote.

    Prosecutors acknowledged that a 25-year sentence in the Chicago case would be more time than even sentencing guidelines recommend. But they argued imposing a long sentence and instructing it be served only after the New York sentence was appropriate.

    “A consecutive sentence is eminently reasonable given the egregiousness of Kelly’s conduct,” the filing argued. “Kelly’s sexual abuse of minors was intentional and prolific.”

    At the trial in Chicago last year, jurors convicted the Grammy Award winning singer on six of 13 counts. But the government lost the marquee count that Kelly and his then-business manager successfully rigged his state child pornography trial in 2008.

    Both of Kelly’s co-defendants, including longtime business manager Derrel McDavid, were acquitted of all charges.

    Kelly, born Robert Sylvester Kelly, rose from poverty in Chicago to superstardom, becoming known for smash hit “I Believe I Can Fly” and sex-infused songs such as “Bump n’ Grind.”

    While the Grammy Award-winner went to trial in 2008, it wasn’t until after the airing of Lifetime’s 2019 docu-series, “Surviving R. Kelly” — featuring testimonials by his accusers — that criminal investigations were kicked into high-gear, ending with federal and new state charges.

    In January, an Illinois judge dismissed state sex-abuse charges prior to a trial on the recommendation of Cook County State’s Attorney Kim Foxx. Foxx said she was comfortable dropping the case because Kelly would spend decades in prison for his federal convictions.

    Prosecutors at Kelly’s federal trial in Chicago portrayed him as a master manipulator who used his fame and wealth to reel in star-struck fans to sexually abuse, in some cases to video record them, and then discard them.

    After deliberating over two days, jurors convicted Kelly of three counts each of producing child pornography and enticement of minors for sex, while acquitting him of obstruction of justice, one count of production of child porn and three counts of receiving child porn.

    The Chicago verdict came months after a federal judge in New York sentenced Kelly to 30 years in prison for racketeering and sex trafficking. Based on that sentence alone, he wouldn’t eligible for release until he is around 80.

    Even if granted time off for good behavior, Kelly would be only be eligible for release if he serves 25 years after the New York sentence in the year 2066, the government’s Thursday filing said.

    It will be up to Judge Harry Leinenweber in Chicago to decide the crucial question of whether Kelly serves whatever sentence he imposes concurrently, simultaneously, with the New York sentence or consecutively.

    Kelly’s legal team is appealing his New York and Chicago convictions. Prosecutors sometimes press for long sentences for defendants sentenced at earlier trials in a bid to ensure that, if some convictions are later tossed, they will still do some time behind bars.

    Bonjean argued that traumas throughout Kelly’s life, including abuse as a child and illiteracy throughout adulthood, justified leniency in sentencing the singer.

    Kelly “is not an evil monster but a complex (unquestionably troubled) human-being who faced overwhelming challenges in childhood that shaped his adult life,” she said.

    That the conduct for which he was convicted occurred decades ago should also be factored in, she said.

    “While Kelly was not a child in the late 1990s, he also was not the middle-aged man he was at the time of his 2019 indictment,” she argued. “Kelly was a damaged man in his late 20s.”

    She added that Kelly has already paid a heavy price from his legal troubles, including a financial one. She said his worth once approached $1 billion but that he “is now destitute.”

    ___

    Follow Michael Tarm on Twitter at https://twitter.com/mtarm

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  • Rise in Horn of Africa migrants a worry, says UN official

    Rise in Horn of Africa migrants a worry, says UN official

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    NAIROBI, Kenya — The numbers of women and children migrating from the Horn of Africa to Gulf countries through Yemen has significantly increased and is a cause of concern, according to the head of the International Organization for Migration.

    The treacherous journey from Ethiopia, Somalia and Djibouti through Yemen, called the Eastern Migration Route, has seen a 64% increase in the past year of people seeking better livelihoods, with larger numbers of women with children and children travelling alone, IOM Director General Antonio Vitorino told The Associated Press.

    Climate change is a driver of the increased migration, he said.

    In the past, women and children would often opt out of the dangerous journey through the desert mostly made on foot. Previously men would leave their families behind and make the trek in the hope of finding jobs and sending money back home.

    “The pressure is mounting” as the numbers of migrants rise, said Vitorino who was in Kenya for the launch of a $84 million appeal to support more than 1 million migrants using the route through Yemen.

    The desperate migrants are vulnerable to criminal gangs along the route and need protection against rape, violence, traffickers and smugglers, he said.

    Some of the migrants are unaware of the dangers including the war in Yemen and the U.N.’s migration organization needs to improve awareness of the perils, he said. For migrants who still choose to take the journey, the organization should offer basic healthcare and other services and in some cases return them to their countries of origin, he said.

    “Last year, we have returned voluntarily to Ethiopia 2,700 migrants and upon arrival we provided post-arrival assistance to support them to move back to their regions of origin,” Vitorino said.

    Also rising is the migration of people from West Africa through Libya to Europe and the plight of those migrants, particularly those detained in Libya, is a global concern, he said.

    “We know where the official detention centers are and we have access to them, not permanent, never alone, but under surveillance of security guards. But we have access to provide assistance,” said Vitorino.

    But the U.N. organization does not have access to the unofficial detentions centers, which are particularly worrying as there are reports of widespread abuses in them, he said. Libya’s political instability makes it difficult to have the political cooperation needed to dismantle the unofficial detention centers, he said.

    The IOM is striving to get more migrants into voluntary return programs in order to reduce those in detention, he said. It’s difficult because the number of migrants who want to return is much higher than available flights from Libya, he said.

    Vitorino said he hopes the factors that lead to increased migration, like climate change and conflict, can be addressed to reduce the number of people moving away from their homes.

    He stressed the need for migrants to pursue legal migration routes, adding that although the process is complicated and cumbersome, it cannot be compared to the life-threatening conditions along illegal routes.

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  • Judge vacates conviction of man imprisoned nearly 3 decades

    Judge vacates conviction of man imprisoned nearly 3 decades

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    ST. LOUIS — A Missouri judge on Tuesday overturned the conviction of a man who has served nearly 28 years of a life sentence for a killing that he has always said he didn’t commit.

    Lamar Johnson, 50, closed his eyes and shook his head slightly as a member of his legal team patted him on the back when Circuit Judge David Mason issued his ruling. In coming to his decision, Mason explained that there had to be “reliable evidence of actual innocence — evidence so reliable that it actually passes the standard of clear and convincing.”

    Johnson walked free after he was processed out at the courthouse. Beaming, he walked up to reporters in the courthouse lobby about two hours after the ruling and thanked everyone who worked on his case, as well as the judge.

    “This is unbelievable,” said Johnson, who didn’t take any questions.

    St. Louis Circuit Attorney Kim Gardner, who filed a motion in August seeking Johnson’s release after an investigation her office conducted with help from the Innocence Project convinced her he was telling the truth, applauded the ruling.

    “Mr. Lamar Johnson. Thank you. You’re free,” she said before the gathered press.

    Gardner said this is a time for Johnson to spend with his attorneys and family.

    “This is Valentine’s Day and this is historical,” she said.

    The Republican-led state attorney general’s office fought to keep Johnson locked up. A spokeswoman for the office, Madeline Sieren, said in an email that the office will take no further action in the case. She again defended the office’s push to keep Johnson behind bars.

    “As he stated when he was sworn in, Attorney General (Andrew) Bailey is committed to enforcing the laws as written,” Sieren wrote. “Our office defended the rule of law and worked to uphold the original verdict that a jury of Johnson’s peers deemed to be appropriate based on the facts presented at trial.”

    Johnson’s attorneys blasted the state attorney general’s office after the hearing, saying it “never stopped claiming Lamar was guilty and was comfortable to have him languish and die in prison.”

    “Yet, when this State’s highest law enforcement office could hide from a courtroom no more, it presented nothing to challenge the overwhelming body of evidence that the circuit attorney and Lamar Johnson had amassed,” they said in a statement.

    Johnson plans to reconnect with his family and enjoy experiences he was denied for most of his adult life while locked up, his lawyers said.

    “While today brings joy, nothing can restore all that the state stole from him. Nothing will give him back the nearly three decades he lost while separated from his daughters and family,” they said. “The evidence that proved his innocence was available at his trial, but it was kept hidden or ignored by those who saw no value in the lives of two young Black men from the South Side.”

    Johnson was convicted of murder for the October 1994 killing of Marcus Boyd, who was shot to death on his front porch by two masked men. Police and prosecutors blamed the killing on a dispute over drug money. Johnson maintained his innocence from the outset, saying he was with his girlfriend miles (kilometers) away when the crime occurred.

    While Johnson was convicted and sentenced to life, a second suspect, Phil Campbell, pleaded guilty to a reduced charge in exchange for a seven-year prison term.

    Johnson testified at a December hearing that he was with his girlfriend on the night of the crime, except for a few minutes when he stepped outside of the home of a friend to sell drugs on a corner several blocks from where the victim was killed.

    Johnson’s girlfriend at the time, Erika Barrow, testified that she was with Johnson that entire night, except for about a five-minute span when he left to make the drug sale. She said the distance between the friend’s home and Boyd’s home would have made it impossible for Johnson to get there and back in five minutes.

    The case for Johnson’s release was centered around a key witness who recanted his testimony and a prison inmate who says it was he — not Johnson — who joined Campbell in the killing.

    James Howard, 46, is serving a life sentence for murder and several other crimes that happened three years after Boyd was killed. He testified at the hearing that he and Campbell decided to rob Boyd, who owed one of their friends money from the sale of drugs. He also said Johnson wasn’t there.

    Howard testified that he shot Boyd in the back of the head and neck, and that Campbell shot Boyd in the side.

    Howard and Campbell years ago signed affidavits admitting to the crime and claiming Johnson was not involved. Campbell has since died.

    James Gregory Elking testified in December that he was on the front porch with Boyd, trying to buy crack cocaine, when the two gunmen wearing black ski masks came around the house and began the attack. Elking, who later spent several years in prison for bank robbery, initially told police he couldn’t identify the gunmen.

    He agreed to view a lineup anyway. Elking testified that when he was unable to name anyone from the lineup as a shooter, Detective Joseph Nickerson told him, “I know you know who it is,” and urged him to “help get these guys off the street.”

    Saying he felt “bullied” and “pressured,” Elking named Johnson as one of the shooters. Gardner’s office said Elking was also paid at least $4,000 after agreeing to testify.

    “It’s been haunting me,” he said of his role in sending Johnson to prison.

    Nickerson denied coercing Elking. He testified in December that Elking’s identification of Johnson was based on all that he could see of the shooter’s face — his eyes. Johnson has one eye that looks different than the other, Nickerson said. “You can clearly see it.”

    Dwight Warren, who prosecuted Johnson in 1995, said that beyond Elking’s testimony, the main evidence against Johnson was an overheard jail cell conversation. A jailhouse informant, William Mock, told investigators at the time that he heard Campbell and Johnson talking when one of them said, “We should have shot that white boy,” apparently referring to Elking.

    Warren acknowledged that convicting Johnson would have been “iffy” without Mock’s testimony.

    In March 2021, the Missouri Supreme Court denied Johnson’s request for a new trial after then-Attorney General Eric Schmitt’s office argued successfully that Gardner lacked the authority to seek one so many years after the case was adjudicated.

    The case led to the passage of a state law that makes it easier for prosecutors to get new hearings in cases where there is fresh evidence of a wrongful conviction. That law freed another longtime inmate, Kevin Strickland, last year. He had served more than 40 years for a Kansas City triple killing.

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  • Nicaragua’s vote to strip opponents of citizenship

    Nicaragua’s vote to strip opponents of citizenship

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    MEXICO CITY — Last week Nicaraguan President Daniel Ortega packed off 222 political leaders, priests, students, activists and other dissidents to the United States, their release long demanded by the international community.

    Shortly after, Ortega’s government voted to strip the former prisoners of Nicaraguan citizenship. Analysts, legal experts and human rights groups are calling it a political ploy but also a violation of international law that they say is unprecedented — at least in the Western Hemisphere — in terms of scale and impact.

    A look at what has happened:

    ——-

    WHY DID NICARAGUA KICK THE DISSIDENTS OUT?

    The expulsion comes amid a broader push by the Ortega government to quash political dissent dating back to 2018 anti-government street protests that were met by a violent response from Nicaraguan security forces.

    Ortega has called his imprisoned opponents “traitors” and maintains they were behind the protests, which he claims were a foreign-funded plot to overthrow him. Tens of thousands of Nicaraguans have fled the government’s crackdown.

    The incarceration of government opponents became a sticking point internationally, particularly with the administration of U.S. President Joe Biden, which used their detention to justify sanctions on the Central American nation.

    The release of the prisoners was, in part, a tactic to “minimize the public costs of his repression,” particularly in the eyes of the international community, said Ivan Briscoe of International Crisis Group, a nonprofit research group focused on resolving conflicts around the world.

    “He would prefer to revert to a steady, low-level authoritarian government in which there are no, perhaps none of the more visible forms of abuses, but continuing political control,” Briscoe said.

    U.S. State Department spokesman Ned Price told reporters in Washington on Monday that the release of the prisoners was considered “a constructive step,” and is something Biden officials have said would open a door to a dialogue between the two countries.

    But Ortega’s Congress simultaneously voting to strip the citizenship of the expelled prisoners is drawing criticism.

    “This was in no way a panacea for the many concerns we have with the Nicaraguan regime, including the repression and oppression it continues to wield against its own people,” Price said.

    While Nicaragua’s Congress still needs to carry out a second vote to approve the constitutional change to formally strip those expelled of their nationality, it was unanimously approved in the initial vote. Ortega’s firm hold on power leaves any other outcome highly unlikely.

    “I think the message is very clear: On my land, there will be no opposition,” said Briscoe.

    ___

    WHY DO EXPERTS SAY IT VIOLATES INTERNATIONAL LAW?

    Peter J. Spiro, an international law professor at Temple University, and others say stripping away citizenship in this context violates a treaty adopted in 1961 by countries in the United Nations, including Nicaragua, which sets clear rules meant to prevent statelessness.

    The treaty states that governments cannot “deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds.”

    Spiro noted there are some circumstances when governments can terminate citizenship, such as ending nationality for someone who acquires citizenship in another country when the first nation prohibits dual citizenship. But, he said, ending citizenship is not allowed when it is used as a political weapon.

    “This is banishment, and banishment is antithetical to modern conceptions of human rights,” he said.

    Spain has offered its citizenship to the 222 exiles, while the U.S. granted the Nicaraguans a two-year temporary protection.

    But many of the former prisoners in the United States are left in a state of legal and mental flux, said Jennie Lincoln, senior adviser on Latin America for the Carter Center who is in touch with many of the dissidents.

    “Psychologically they are stateless,” Lincoln said. “They’re in shock, going from one day being in prison, then hours later on a plane to the United States. Imagine the psychological impact of that, and then being stripped of your citizenship.”

    ___

    HOW COMMON IS THE REVOCATION OF CITIZENSHIP?

    The move by Ortega is unprecedented in the Western Hemisphere, in both its size and reach, according to analysts and legal experts.

    Previous cases of states in the region moving to strip citizenship of political actors have always been limited in scale.

    In Chile in the 1970s, the Pinochet dictatorship stripped the citizenship of Orlando Letelier, who was living in exile where leading opposition to political repression in the South American nation.

    Spiro, at Temple University, said Ortega’s action does bear some resemblance to what has been done in Bahrain, in the Middle East.

    Over the course of years, the Bahrain government has stripped hundreds of human rights and political activists, journalists and religious scholars of their nationalities, leaving them stateless. In 2018, a court stripped 115 people of their citizenship in one mass trial on accusations of terrorism, according to Human Rights Watch.

    “But Ortega’s move is more high-visibility,” Spiro said.

    ___

    WHAT ABOUT PRISONERS WHO DIDN’T GO TO THE U.S.?

    Experts are especially concerned about Roman Catholic Bishop Rolando Álvarez, a vocal critic of Ortega who refused to board the plane to the U.S. with the other prisoners.

    He told those close to him that if he got on the plane, it would be like admitting to a crime he never committed.

    Shortly after, Álvarez was sentenced to 26 years in prison — famous for their poor conditions — and stripped of his citizenship within Nicaragua, something sharply condemned by State Department officials.

    It left him in a legal limbo more extreme than his counterparts in the U.S.

    Until now, no one has been able to contact Álvarez, nor confirm for themselves where he is or if the he is safe, said a person close to Álvarez, who asked not to be quoted by name out of fear of reprisal.

    “From a legal point of view, his future looks completely grim, and he knows it,” the man said.

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  • Kyrgyz ex-president released from prison for treatment

    Kyrgyz ex-president released from prison for treatment

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    The former president of Kyrgyzstan, Almazbek Atambayev, has been released from prison in order to seek medical treatment

    MOSCOW — The former president of Kyrgyzstan, Almazbek Atambayev, was released from prison on Tuesday in order to seek medical treatment.

    Atambayev, who led the Central Asian former Soviet republic from 2011 to 2017, was convicted in 2020 of corruption and abuse of power and sentenced to 11 years in prison.

    His supporters have repeatedly complained that he has not received adequate medical treatment in prison for conditions including heart trouble and gastritis.

    After leaving the prison, Atambayev said he would soon travel to Spain for treatment and that he intended to return to Kyrgyzstan.

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  • Pope worried about Nicaraguan bishop sentenced to 26 years

    Pope worried about Nicaraguan bishop sentenced to 26 years

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    MEXICO CITY (AP) — Pope Francis on Sunday expressed sadness and worry at the news that Bishop Rolando Álvarez, an outspoken critic of the Nicaraguan government, had been sentenced to 26 years in prison.

    It’s just the latest move against the Catholic Church and government opponents, and comes amid growing concern for Álvarez.

    “The news that arrived from Nicaragua has saddened me no little,” the pontiff said, expressing both his love and concern at a traditional Sunday gathering in St. Peter’s Square.

    He called on the faithful to pray for the politicians responsible “to open their hearts.”

    Álvarez was sentenced Friday, after refusing to get on a flight to the United States with 222 other prisoners, all opponents of President Daniel Ortega. In addition to his prison term, Álvarez was stripped of his Nicaraguan citizenship.

    The bishop said if he boarded the plane, it would be he was admitting he was guilty to a crime he never committed, according to a person close to Álvarez who asked not the be identified out of fear of reprisal.

    “Let them go and I’ll stay and serve out their sentence,” he said that Álvarez told him.

    Until now, no one has been able to contact Álvarez, nor confirm for themselves where he is or if he is safe, he said.

    That concern was also echoed in Nicaragua’s capital, when Cardinal Leopoldo Brenes said someone had asked him what they could do for Álvarez.

    “Pray, that is our strength,” Brenes told those gathered inside the Metropolitan Cathedral of the Immaculate Conception. “Pray that the Lord gives him strength, gives him judgment in all of his actions.”

    The comments by Pope Francis and Cardinal Brenes on Sunday were the first made publicly by the church about the expulsion of the prisoners — several priests did board the flight — and of Álvarez’s sentence.

    Ortega ordered the mass release of political leaders, priests, students and activists widely considered political prisoners and had some of them put on a flight to Washington Thursday. Ortega said Álvarez refused to board without being able to consult with other bishops.

    Nicaragua’s president called Álvarez’s refusal “an absurd thing.” Álvarez, who had been held under house arrest, was then taken to the nearby Modelo prison.

    In the run-up to Ortega’s re-election in November 2021, Nicaraguan authorities arrested seven potential opposition presidential candidates to clear the field. The government closed hundreds of nongovernmental organizations that Ortega has accused of taking foreign funding and using it to destabilize his government.

    The former guerrilla fighter has long had a tense relationship with the Catholic Church. But he targeted it more directly last year in his campaign to extinguish voices of dissent.

    Ortega kicked out the papal nuncio, the Vatican’s top diplomat in March. Later, the government shut down several radio stations in Álvarez’s Matagalpa diocese ahead of municipal elections. Álvarez was arrested in August along with several other priests and lay people, accused with undermining the government and spreading false information.

    The church’s response to the government’s increasingly aggressive behavior has been muted, apparently in an attempt to not inflame tensions.

    On Saturday, a few thousand Ortega supporters marched in the capital in a show of support for the expulsion of the opposition prisoners. While some seemed genuine in their support, the government has earned a reputation for turning out people by making government employees attend.

    Outside Managua’s cathedral Sunday, it was clear that the lengthy sentence for a priest and stripping critics of their citizenship rankled people in the still heavily Roman Catholic country.

    Jorge Paladino, a 49-year-old architect, said he felt “disillusioned, upset, dismayed.” He said those who were expelled will always be Nicaraguans, regardless of what they are told.

    María Buitrago, a 61-year-old retiree, spoke softly but with indignation.

    “They took their nationality in a horrible way as if they are gods and can take from someone where they live, where they were born,” Buitrago said. “They can’t take Nicaraguan blood. They can’t take it. But they do what they please.”

    ——

    Associated Press writer Christopher Sherman in Mexico City contributed to this report.

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  • Brittney Griner attends WM Phoenix Open golf tournament

    Brittney Griner attends WM Phoenix Open golf tournament

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    SCOTTSDALE, Ariz. — WNBA star Brittney Griner attended the WM Phoenix Open golf tournament Saturday in her second public appearance since her release from a Russian prison.

    Griner was part of a crowd of about 200,000 fans at the tournament, watching the action from the stadium 16th hole.

    Last month in her first appearance, the Griner was at the Martin Luther King Jr. march in downtown Phoenix.

    Griner is skipping the USA Basketball training camp in Minnesota so she can be with her wife and recover from her time in jail in Russia. She was traded in a dramatic prisoner swap in December.

    Griner has said she’ll play for the Phoenix Mercury again this season, although she’s still an unsigned free agent. She hasn’t talked about her international future and potentially playing in the Olympics next year in Paris.

    ___

    AP sports: https://apnews.com/hub/sports and https://twitter.com/AP_Sports

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  • Nicaraguan bishop who refused exile gets 26 years in prison

    Nicaraguan bishop who refused exile gets 26 years in prison

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    MEXICO CITY (AP) — Roman Catholic Bishop Rolando Álvarez, an outspoken critic of Nicaragua’s government, was sentenced to 26 years in prison and stripped of his Nicaraguan citizenship Friday, the latest move by President Daniel Ortega against the Catholic church and his opponents.

    A day after he refused to get on a flight to the United States with 222 other prisoners, all opponents of Ortega, a judge sentenced Álvarez for undermining the government, spreading false information, obstruction of functions and disobedience, according to a government statement published in official outlets.

    The sentence handed down by Octavio Ernesto Rothschuh, chief magistrate of the Managua appeals court, is the longest given to any of Ortega’s opponents over the last couple years.

    Álvarez was arrested in August along with several other priests and lay people. When Ortega ordered the mass release of political leaders, priests, students and activists widely considered political prisoners and had some of them put on a flight to Washington Thursday, Alvarez refused to board without being able to consult with other bishops, Ortega said.

    Nicaragua’s president called Álvarez’s refusal “an absurd thing.” Álvarez, who had been held under house arrest, was then taken to the nearby Modelo prison.

    Álvarez had been one of the most outspoken religious figures still in Nicaragua as Ortega intensified his repression of the opposition.

    Nicaragua’s Episcopal Conference did not immediately respond to a request for comment on the sentence. Reached by the AP, Managua vicar Mons. Carlos Avilés said he hadn’t heard anything official. “Maybe tomorrow.”

    The church is essentially the last independent institution trusted by a large portion of Nicaraguans and that makes it a threat to Ortega’s increasingly authoritarian rule.

    Andrew Chesnut, a professor of religious studies at Virginia Commonwealth University, said Álvarez’s sentence “constitutes the most severe repression against the Catholic Church in Latin America since the assassination of Guatemalan Bishop Juan José Gerardi in 1998.”

    “Since first becoming the ruling party in 1979 the Sandinistas have repressed the Catholic Church like few other regimes in Latin America,” Chesnut said. “Pope Francis has refrained from criticizing President Ortega for fear of inflaming the situation, but many believe that now is the time for him to speak out prophetically in defense of the most persecuted Church in Latin America.”

    Monsignor Silvio Báez, the former outspoken Managua auxiliary bishop who was recalled to the Vatican in 2019, said on Twitter “the Nicaraguan dictatorship’s hatred toward Mons. Rolando Álvarez is irrational and out of control.”

    Álvarez, the bishop of Matagalpa about 80 miles (130 kilometers) north of Managua, has been a key religious voice in discussions of Nicaragua’s future since 2018, when a wave of protests against Ortega’s government led to a sweeping crackdown on opponents.

    When the protests first erupted, Ortega asked the church to serve as mediator in peace talks.

    On April 20, 2018, hundreds of student protesters sought refuge at Managua’s cathedral. When police and Sandinista Youth descended, the students retreated inside, leaving only after clergy negotiated their safe passage.

    “We hope there would be a series of electoral reforms, structural changes to the electoral authority — free, just and transparent elections, international observation without conditions,” Álvarez said a month after the protests broke out. “Effectively the democratization of the country.”

    By that summer, the Church was under attack by Ortega’s supporters.

    A pro-government mob shoved, punched and scratched at Cardinal Leopoldo Brenes and other Catholic leaders as they tried to enter the Basilica San Sebastian in Diriamba on July 9, 2018.

    For nearly 15 hours overnight on July 13-14, 2018, armed government backers fired on a church in Managua while 155 student protesters who had been dislodged from a nearby university lay under the pews. A student who was shot in the head at a barricade outside died on the rectory floor.

    More recently, Ortega has accused the Church of being in on an alleged foreign-backed plot to depose him.

    Last summer, the government seized several radio stations owned by the diocese. At the time, it appeared Ortega’s administration wanted to silence critical voices ahead of municipal elections.

    The Holy See has been largely silent on the situation in Nicaragua, believing that any public denunciation will only inflame tensions further between the government and the local church.

    The Vatican’s last comment came in August when Pope Francis expressed concern about the raid of Álvarez’s residence and called for dialogue.

    Earlier this week, judges sentenced five other Catholic priests to prison. They were all aboard Thursday’s flight.

    Before the sentence was announced Friday, Emily Mendrala, a deputy assistant secretary in the State Department’s Bureau of Western Hemisphere Affairs, said “we see yesterday’s event as a positive step that could put the (bilateral) relationship on a more constructive trajectory.” But she added that “we still have concerns with the human rights situation and the situation with democracy in Nicaragua.”

    The State Department said Secretary of State Antony Blinken spoke by phone Friday with Nicaragua Foreign Minister Denis Moncada about the prisoners’ release and “the importance of constructive dialogue between the United States to build a better future for the Nicaraguan people.” Presumably the conversation occurred before Álvarez’s sentence was announced.

    Vilma Núñez, director of the Nicaragua Center for Human Rights, which had been supporting prisoners in their cases, called the sentence “arbitrary and last minute,” noting that it included crimes that were not part of his original conviction.

    “The personal well-being and life of the Monsignor is in danger,” Núñez said.

    After expelling nearly all of his most vocal critics, Ortega found himself stuck with the bishop in a still heavily Catholic country.

    “The Catholic Church, I think, is one of the main institutions that the Ortega regime really, really fears,” Antonio Garrastazu, regional director for Latin America and the Caribbean at the International Republican Institute in Washington, said before the the sentencing. “The Catholic Church are really the ones that can actually change the hearts and minds of the people.”

    Prior to the release of prisoners, sanctions and public criticism of Ortega had been building for months, but both United States and Nicaraguan officials say the decision to put 222 dissidents on a plane to Washington came suddenly.

    The majority had been sentenced in the past couple years to lengthy prison terms. The release came together in a couple of days and the prisoners had no idea what was happening until their buses turned into Managua’s international airport.

    “I think the pressure, the political pressure of the prisoners, the political prisoners became important to the Ortega regime, even for the people, the Sandinista people who were tired of abuses,” opposition leader Juan Sebastian Chamorro, who was among those released, said during a press conference Friday. “I think (Ortega) wanted to basically send the opposition outside of the country into exile.”

    In Ortega’s mind, they are terrorists. Funded by foreign governments, they worked to destabilize his government after huge street protests broke out in April 2018, he maintains.

    Ortega said Vice President Rosario Murillo, his wife, first came to him with the idea of expelling the prisoners.

    “Rosario says to me, ‘Why don’t we tell the ambassador to take all of these terrorists,’” Ortega recounted in a rambling speech Thursday night. In a matter of days, it was done.

    __

    AP reporters Gisela Salomon in Miami, Ciaran Giles in Madrid, Spain and Nicole Winfield in Rome and E. Eduardo Castillo in Mexico City contributed to this report.

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  • Nicaraguan bishop who refused exile gets 26 years in prison

    Nicaraguan bishop who refused exile gets 26 years in prison

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    MEXICO CITY — Roman Catholic Bishop Rolando Álvarez, an outspoken critic of Nicaragua’s government, was sentenced to 26 years in prison and stripped of his Nicaraguan citizenship Friday, the latest move by President Daniel Ortega against the Catholic church and his opponents.

    A day after he refused to get on a flight to the United States with 222 other prisoners, all opponents of Ortega, a judge sentenced Álvarez for undermining the government, spreading false information, obstruction of functions and disobedience, according to a government statement published in official outlets.

    The sentence handed down by Octavio Ernesto Rothschuh, chief magistrate of the Managua appeals court, is the longest given to any of Ortega’s opponents over the last couple years.

    Álvarez was arrested in August along with several other priests and lay people. When Ortega ordered the mass release of political leaders, priests, students and activists widely considered political prisoners and had some of them put on a flight to Washington Thursday, Alvarez refused to board without being able to consult with other bishops, Ortega said.

    Nicaragua’s president called Álvarez’s refusal “an absurd thing.” Álvarez, who had been held under house arrest, was then taken to the nearby Modelo prison.

    Álvarez had been one of the most outspoken religious figures still in Nicaragua as Ortega intensified his repression of the opposition.

    Nicaragua’s Episcopal Conference did not immediately respond to a request for comment on the sentence. Reached by the AP, Managua vicar Mons. Carlos Avilés said he hadn’t head anything official. “Maybe tomorrow.”

    The church is essentially the last independent institution trusted by a large portion of Nicaraguans and that makes it a threat to Ortega’s increasingly authoritarian rule.

    Monsignor Silvio Báez, the former outspoken Managua auxiliary bishop who was recalled to the Vatican in 2019, described the sentence on Twitter as “irrational and out of control the Nicaraguan dictatorship’s hatred toward Mons. Rolando Álvarez.”

    Álvarez, the bishop of Matagalpa about 80 miles (130 kilometers) north of Managua, has been a key religious voice in discussions of Nicaragua’s future since 2018, when a wave of protests against Ortega’s government led to a sweeping crackdown on opponents.

    When the protests first erupted, Ortega asked the church to serve as mediator in peace talks, though they ultimately failed.

    On April 20, 2018, hundreds of student protesters sought refuge at Managua’s cathedral, where the church was collecting donations to support demonstrators. When police and Sandinista Youth descended, the students retreated inside, leaving only after clergy negotiated their safe passage.

    “We hope there would be a series of electoral reforms, structural changes to the electoral authority — free, just and transparent elections, international observation without conditions,” Álvarez said a month after the protests broke out. “Effectively the democratization of the country.”

    By that summer, the Church was under attack by Ortega’s supporters.

    A pro-government mob shoved, punched and scratched at Cardinal Leopoldo Brenes and other Catholic leaders as they tried to enter the Basilica San Sebastian in Diriamba on July 9, 2018.

    For nearly 15 hours overnight on July 13-14, 2018, armed government backers fired on a church in Managua while 155 student protesters who had been dislodged from a nearby university lay under the pews. A student who was shot in the head at a barricade outside died on the rectory floor.

    More recently, Ortega has accused the Church of being in on an alleged foreign-backed plot to depose him.

    Last summer, the government seized several radio stations owned by the diocese. At the time, it appeared Ortega’s administration wanted to silence critical voices ahead of municipal elections.

    The Holy See has been largely silent on the situation in Nicaragua, believing that any public denunciation will only inflame tensions further between the government and the local church.

    The Vatican’s last comment came in August when Pope Francis expressed concern about the raid of Alvarez’s residence and called for dialogue.

    Earlier this week, judges sentenced five other Catholic priests to prison. They were all aboard Thursday’s flight.

    U.S. officials had called Thursday’s massive release a positive sign, but said they did not yet see a change in the government’s policies toward dissent.

    Before the sentence was announced Friday, Emily Mendrala, a deputy assistant secretary in the State Department’s Bureau of Western Hemisphere Affairs, said “we see yesterday’s event as a positive step that could put the (bilateral) relationship on a more constructive trajectory.” But she added that “we still have concerns with the human rights situation and the situation with democracy in Nicaragua.”

    The State Department said Secretary of State Antony Blinken spoke by phone Friday with Nicaragua Foreign Minister Denis Moncada about the prisoners’ release and “the importance of constructive dialogue between the United States to build a better future for the Nicaraguan people.” Presumably the conversation occurred before Álvarez’s sentence was announced.

    Vilma Núñez, director of the Nicaragua Center for Human Rights, which had been supporting prisoners in their cases, called the sentence “arbitrary and last minute,” noting that it included crimes that were not part of his original conviction.

    “The personal well-being and life of the Monsignor is in danger,” Núñez said, mentioning Ortega’s comments about the bishop Thursday night.

    Antonio Garrastazu, regional director for Latin America and the Caribbean at the International Republican Institute in Washington, spoke before the sentence of the importance of Álvarez’s decision to stay in Nicaragua.

    After expelling nearly all of his most vocal critics, Ortega found himself stuck with the bishop in a still heavily Catholic country.

    “The Catholic Church, I think, is one of the main institutions that the Ortega regime really, really fears,” said Garrastazu. “The Catholic Church are really the ones that can actually change the hearts and minds of the people.”

    Prior to the release of prisoners, sanctions and public criticism of Ortega had been building for months, but both United States and Nicaraguan officials say the decision to put 222 dissidents on a plane to Washington came suddenly.

    The majority had been sentenced in the past couple years to lengthy prison terms. The release came together in a couple of days and the prisoners had no idea what was happening until their buses turned into Managua’s international airport.

    “I think the pressure, the political pressure of the prisoners, the political prisoners became important to the Ortega regime, even for the people, the Sandinista people who were tired of abuses,” opposition leader Juan Sebastian Chamorro, who was among those released, said during a press conference Friday. “I think (Ortega) wanted to basically send the opposition outside of the country into exile.”

    In Ortega’s mind, they are terrorists. Funded by foreign governments, they worked to destabilize his government after huge street protests broke out in April 2018, he maintains.

    Ortega said Vice President Rosario Murillo, his wife, first came to him with the idea of expelling the prisoners.

    “Rosario says to me, ‘Why don’t we tell the ambassador to take all of these terrorists,’” Ortega recounted in a rambling speech Thursday night. In a matter of days, it was done.

    __

    AP reporters Gisela Salomon in Miami, Ciaran Giles in Madrid, Spain and Nicole Winfield in Rome contributed to this report.

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  • 1st officer in Nichols arrest accused of brutality as jailer

    1st officer in Nichols arrest accused of brutality as jailer

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    MEMPHIS, Tenn. — Years before Memphis Police officer Demetrius Haley pulled Tyre Nichols from his car on Jan. 7, setting in motion a deadly confrontation, Haley was accused of taking part in the savage beating of an inmate at the Shelby County jail.

    The 2015 assault of the inmate was so disturbing that 34 others — the entire cellblock — signed a letter to the corrections director.

    “We are truly asking that this matter gets looked into before someone gets hurt really bad or lose their life because of some unprofessional officers,” the letter stated.

    The warning from dozens of inmates is the clearest indication yet that one of the officers who took part in the violent beating of Nichols had an event in his past that should have raised concerns before he was hired as a police officer.

    The letter asks how the inmates are supposed to feel “safe and secure when the staff members at the Shelby County Correctional Center are assaulting and threatening us?”

    It concludes, “Please put a stop to this madness.”

    Shelby County did not respond to a request Friday seeking information about its investigation into the beating allegations, so it is unclear if Haley was disciplined or cleared of the assault. An email was sent Friday to a police spokesperson asking if the department knew about the incident when Haley was hired.

    The former officer has been charged with second-degree murder in Nichols’ death, along with ex- officers Tadarrius Bean, Desmond Mills Jr., Emmitt Martin III and Justin Smith. All the officers except Bean have infractions in their work records. Policy violations include using minor physical force during an arrest and failing to fill out a form about it; failing to report a domestic violence situation; and a car crash, records show.

    The prior accusations against Haley came to light because the inmate, Cordarlrius Sledge, filed a federal lawsuit in 2016 against him. It was ultimately dismissed on procedural grounds, because Sledge had failed to file a grievance with the jail.

    Haley continued to work for the Division of Corrections until hired by Memphis Police in 2020, at a time when the department was lowering its standards for recruits in an attempt to fill vacancies. According to records in his personnel file, a previous application to the police department was rejected, but the reason for that rejection is blacked out.

    ___

    Loller reported from Nashville. AP news researcher Rhonda Shafner in New York contributed to this report.

    ___

    For more of AP’s coverage on Tyre Nichols’ death: https://apnews.com/hub/tyre-nichols

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  • The spy who wasn’t? New York police officer wants badge back

    The spy who wasn’t? New York police officer wants badge back

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    GARDEN CITY, N.Y. — On a September day in 2020, New York City Police Officer Baimadajie Angwang kissed his toddler goodbye and was about to drive to work when he was surrounded by rifle-toting FBI agents.

    You’re under arrest, the bewildered cop was told. The charge: Being a secret agent for China.

    Angwang, a former U.S. Marine, spent six months in a federal detention center before he was freed on bail while awaiting trial on charges that he fed information about New York’s Tibetan community to officials at the Chinese consulate in New York.

    Then, just as suddenly, it was over. Federal prosecutors in Brooklyn dropped the charges Jan. 19, saying only that they were acting “in the interest of justice.” They didn’t explain further.

    Now Angwang says he wants to be reinstated to the police force, which suspended him with pay while the case was pending. But more than that, he wants answers.

    “Why did you start the investigation on me? Why did you drop all the charges?” said Angwang, who was born in Tibet but was granted political asylum in the U.S. as a teenager.

    “We want an explanation. We’re demanding it because you owe me,” he said during an interview at his attorney’s office. “You can’t just put me in jail for six months and ruin my name, ruin my reputation and give all this stress to my family members and friends, and then you say, ‘in the interest of justice.’ You just going to leave it like that?”

    China’s Communist Party has ruled over Tibet for seven decades and China has claimed a vast stretch of the Himalayas as part of its territory since the 13th century. But the relationship has been fraught with tension, with many Tibetans — some in exile — seeking independence.

    The original charge against Angwang was that he began supplying information to Chinese officials on Tibetan independence groups in New York in 2018.

    In court documents, prosecutors said Angwang was a threat to national security. He was charged with being an unregistered foreign agent, making false statements to federal investigators, obstruction of justice and wire fraud. There were no allegations of espionage, a more serious accusation.

    In building its initial case against Angwang, prosecutors argued that he provided intelligence on ethnic Tibetans who might cooperate with Chinese officials and advised them on how to expand China’s “soft power” in New York.

    Specifically, the government said, he sought a tit-for-tat arrangement that would give him a 10-year visa to his homeland in return for surveillance information and access to the police department.

    The case was built partly on recorded phone calls, including some in which authorities said Angwang called a consular official “big brother” and “boss.”

    Angwang told The Associated Press his words were either mistranslated from Mandarin or taken out of context. He said he became superficially friendly with Chinese officials because he needed the visa to visit his homeland, so his parents and other relatives could finally meet his daughter.

    The judge presiding over the case sought answers about why the charges were dismissed, but federal prosecutors declined to divulge classified information that might have given clues.

    The U.S. attorney’s office in Brooklyn declined to comment.

    The judge agreed to dismiss the case without prejudice, meaning the government could press charges again, a possibility hanging over Angwang but his lawyer suggests is unlikely.

    The attorney, John Carman, surmised his client became caught up in the Trump administration’s effort to root out Chinese espionage across U.S. institutions, including the economy, academics and other facets of public life. Angwang contends there were shades of racism targeting people with Chinese links.

    “I think our criminal justice system sometimes goes off the track when it has a publicity aspect to it and when it has a political aspect to it. And this case had both,” Carman said.

    Angwang first visited the U.S. as a teen on a cultural exchange visa. He went back to Tibet but later returned to the U.S., saying he had been arrested and beaten by Chinese authorities. He moved in with an uncle in Queens and was granted asylum at age 17.

    In his adopted country, Angwang enlisted in the U.S. Marines and served in Afghanistan. After being discharged, he joined the Army Reserves and enrolled in the police academy.

    He said it was his way of giving back to a country that has been so good to him.

    With the charges dropped, he said he wants to regain the good graces of his Tibetan community, which remains suspicious.

    “I’m very proud of my heritage. I love my culture and I love the community,” Angwang said. He said he was wrongly depicted as a three-way traitor.

    “So I’m a traitor of my birthplace? I’m a traitor of America? I’m a traitor of the Tibetan community — which I was never a traitor. I never betrayed anyone — my fellow Tibetans, my fellow Americans, anybody.”

    Norbu Choezung, the president of the Tibetan Community of New York and New Jersey, a group comprising some 10,000 members of Tibetan heritage, remains wary. He, too, wants the government to provide more details about why it dropped the case.

    “It’s a little fishy,” Choezung said. “We as a community definitely want to dig deeper why his charges have been dropped, and how those things happened.”

    U.S. District Judge Eric Komitee, who presided over the case, was left with questions but said he was glad Angwang’s ordeal was over.

    “In some ways a straightforward case but also in some ways, especially given the landscape of statutes at issue, a complicated matter,” the judge said, also noting the “fanfare” in which the case was brought.

    “It’s unfortunate, obviously, that Mr. Angwang did serve as much time as he did in jail pretrial or in detention pretrial,” the judge said, “but better late, as they say, than never.”

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  • ‘Ear Hustle’ podcast co-host is free from San Quentin prison

    ‘Ear Hustle’ podcast co-host is free from San Quentin prison

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    A co-host of “Ear Hustle,” the Pulitzer Prize-nominated podcast produced behind bars, has been released from San Quentin State Prison, a year after California’s governor commuted his sentence

    SAN FRANCISCO — A co-host of “Ear Hustle,” the Pulitzer Prize-nominated podcast produced behind bars, was released from San Quentin State Prison on Wednesday, a year after California Gov. Gavin Newsom commuted his sentence.

    Rahsaan “New York” Thomas, 52, left the lockup near San Francisco and was greeted by his fellow podcast co-hosts Walter “Earlonne” Woods, who was freed in 2019, and Nigel Poor.

    “We’re thrilled to welcome him home,” the podcast posted on its Twitter feed, along with photos of Thomas

    Thomas’ sentence was commuted by Newsom in Jan. 2022 and the state parole board granted his release on parole in August.

    “While in prison, Mr. Thomas has dedicated himself to his rehabilitation,” Newsom wrote in the commutation.

    Thomas was serving a 55 1/2 years-to-life sentence for a second-degree murder conviction in 2000 and related charges after he fatally shot one victim and injured another during a drug deal. A Los Angeles County jury rejected his self-defense claim that he fatally shot a man who was trying to rob him.

    Since 2019, Thomas has been a co-producer and co-host of “Ear Hustle”— named after prison slang for eavesdropping. He was also a regular contributor to the San Quentin News, along with publications outside prison walls. He served as chairman of the Society of Professional Journalists’ San Quentin satellite chapter and worked with several criminal justice reform groups.

    Former governor Jerry Brown in 2018 commuted the sentence of Woods, the podcast’s co-creator, leading to his release. Woods continues to work on the outside as a full-time producer and co-host for the podcast.

    “Ear Hustle,” which began in 2017, bills itself as “the first podcast created and produced in prison, featuring stories of the daily realities of life inside California’s San Quentin State Prison, shared by those living it.”

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