Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ Sat, 01 Oct 2022 03:02:22 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Federal judge bans identifying accused as SNM gang member https://criminaljustice-online.com/federal-judge-bans-identifying-accused-as-snm-gang-member/ Sat, 01 Oct 2022 03:02:22 +0000 https://criminaljustice-online.com/federal-judge-bans-identifying-accused-as-snm-gang-member/ Copyright © 2022 Albuquerque Journal Jonathan Tony Sanchez was not your typical convicted felon. Likewise, his recent federal trial for being a felon in possession of a gun and ammunition was far from ordinary. The FBI had identified Sanchez as one of eight members of the ultra-violent Syndicato Nuevo Mexico prison gang on the streets […]]]>

Copyright © 2022 Albuquerque Journal

Jonathan Tony Sanchez was not your typical convicted felon. Likewise, his recent federal trial for being a felon in possession of a gun and ammunition was far from ordinary.

The FBI had identified Sanchez as one of eight members of the ultra-violent Syndicato Nuevo Mexico prison gang on the streets of Albuquerque who were tapped in 2015 to kill the then Cabinet Secretary of the New Mexico Department of Corrections. , and two other prison administrators. and their families.

Jonathan Tony Sanchez

Sanchez, 36, of Albuquerque, was not charged in the years of racketeering charges against the gang and the murder plot was foiled. But when Sanchez was arrested in an Albuquerque apartment in March 2021 for violating his state parole for a drug conviction, the FBI and federal prosecutors became interested in the .40 caliber semi-automatic pistol found on the premises – a weapon that later showed traces of his DNA.

During his three-day federal trial on the firearms charge last week, Sanchez was allowed to wear makeup in court to hide his gang-mark tattoos. U.S. District Judge David Urias of Albuquerque also granted defense motions barring prosecutors from using Sanchez’s gang name, Kilo, or mentioning his SNM gang affiliation.

The government also could not mention that he fled state parole when fleeing state investigators and Bernalillo County sheriff’s deputies forced their way in. in a Wellesley NE flat when no one inside heeded calls to come out.

Government photos showing the smashed door were banned during the trial. Investigators who testified simply said they had to open the door and wait inside until Sanchez came downstairs because they were serving a warrant.

Urias — appointed to the bench earlier this year — granted several defense motions to exclude what federal prosecutors said was admissible evidence. The defense deemed it prejudicial or unrelated to the firearms case.

But after two hours of deliberation on Thursday, the jury found Sanchez guilty – a sentence that carries up to 10 years in prison.

Defense attorneys Michael Rosenfield and Phillip Sapien could not be reached for comment on Friday.

But their defense focused primarily on what was found on the handgun, which was inside a small open purse on a table near the front door. The purse belonged to Sanchez’s girlfriend, who is now his wife, Guadalupe Sanchez. She had been charged with smuggling contraband into prison in 2020, but that state charge was dismissed after she entered a pre-prosecution diversion program. Neither she nor Sanchez testified.

At trial, an FBI DNA expert said 84% of the DNA found on the gun came from a woman, 14% from Sanchez and 2% from an unidentified man.

The defense argued that Sanchez’s DNA could have been transferred to the gun without him ever touching it. It could have happened through his personal contact with his girlfriend who could have left his DNA on the gun, Sanchez’s attorneys argued.

The state was not allowed to question witnesses about whether Sanchez was a fugitive of justice during his arrest, after defense attorneys convinced the judge it would make their client appear to be an “irresponsible convict”.

At the time, law enforcement was looking for Sanchez after he ran away from parole for possession of a control substance. He had previous convictions for robbery, trafficking in a controlled substance and receiving/transferring a stolen vehicle. As a criminal, he cannot possess firearms or ammunition.

On the morning of his arrest, an officer from the Corrections Department’s Security Threat Investigation Unit testified they used loud sirens and a public address system to get someone to open the door. Then they pushed open the front door. An FBI criminal complaint said it took another 15 minutes for Sanchez to descend from the floor where he was with another alleged SNM member.

FBI Special Agent Bryan Acee, who led the FBI’s investigation into the SNM’s criminal activities, testified Wednesday that he was contacted after the gun was recovered and that Sanchez’s girlfriend later told him that she had the gun. Sanchez, in an interview, admitted that his DNA might be on the gun, Acee testified.

Acee did not mention the SNM on the witness stand, but identified himself to the jury as the coordinator of the FBI’s Violent Crime Gang Task Force.

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The January 6 sedition trial is underway for the head of the Oath Keepers https://criminaljustice-online.com/the-january-6-sedition-trial-is-underway-for-the-head-of-the-oath-keepers/ Tue, 27 Sep 2022 14:33:26 +0000 https://criminaljustice-online.com/the-january-6-sedition-trial-is-underway-for-the-head-of-the-oath-keepers/ WASHINGTON — Jury selection began Tuesday in the trial of extremist group founder Oath Keepers and four associates charged with seditious conspiracy, one of the most serious cases to emerge from the Jan. 6, 2021, attack on the U.S. Capitol. . Stewart Rhodes and the others are the first Jan. 6 defendants charged with the […]]]>

WASHINGTON — Jury selection began Tuesday in the trial of extremist group founder Oath Keepers and four associates charged with seditious conspiracy, one of the most serious cases to emerge from the Jan. 6, 2021, attack on the U.S. Capitol. .

Stewart Rhodes and the others are the first Jan. 6 defendants charged with the rare Civil War-era offense to stand trial for what authorities claim was a week-long serious plot to violently stop the transfer of power presidential election from Holocaust denier Donald Trump to Joe Biden.

The case against Rhodes and his Oath Keeper associates is the biggest test yet for the Justice Department in its massive Jan. 6 lawsuit and is being heard in federal court not far from the Capitol. Seditious conspiracy can be difficult to prove, and the last guilty verdict was nearly 30 years ago.

Jury selection could take several days and the trial is expected to last five weeks.

Lawyers for the Oath Keepers unsuccessfully lobbied for the trial to be moved, arguing they could not get a fair jury in Washington.

The court has already dismissed several potential jurors based on their responses to a questionnaire, which asked them about their feelings about Jan. 6 and other issues. Among those already fired are a journalist who covered the events of January 6 and someone else who described that day as “one of the most betrayed acts in the history of this country”.

Hundreds of people have already been found guilty of joining the mob that broke through police barriers, beat officers and smashed windows, scaring lawmakers away and interrupting certification of Biden’s election victory.

Prosecutors will try to show that a plot by the Oath Keepers to stop Biden from becoming president began long before that, in fact before all the votes in the 2020 race had even been counted.

Authorities say Rhodes, a former U.S. Army paratrooper and Yale Law School graduate, spent weeks mobilizing his supporters to prepare to take up arms in defense of Trump. The Oath Keepers have repeatedly written into conversations about the prospect of violence, stockpiled guns and put “quick reaction force” teams on standby outside Washington to quickly get weapons into the city ​​if necessary, according to the authorities.

The day before the riot, authorities say, Rhodes met the leader of another far-right extremist group, then president of the Proud Boys, Enrique Tarrio, in an underground parking lot in Washington, although little is known. things publicly about what they discussed. Tarrio is separately charged with seditious conspiracy alongside other Proud Boys and is due to stand trial in December.

On January 6, oath keepers wearing communication devices, helmets and other combat gear were filmed storming the Capitol in a military-style “stack” formation. Rhodes is not accused of entering the Capitol, but phone records show he was communicating with oath keepers who entered at the time of the riot and he was later seen with members outside .

On trial with Rhodes, of Granbury Texas, are Thomas Caldwell, of Berryville, Virginia; Kenneth Harrelson, of Titusville, Florida; Jessica Watkins of Woodstock, Ohio, and Kelly Meggs of Dunnellon, Florida.

The seditious conspiracy conviction carries up to 20 years behind bars. The last time prosecutors secured a seditious conspiracy conviction at trial was in 1995 in the case against Islamic militants who plotted to bomb New York landmarks.

Three of Rhodes Oathkeepers’ supporters have pleaded guilty to the charge and are expected to testify against him at trial. Rhodes’ lawyers claimed that these oath keepers were coerced into pleading guilty and lying to get a better sentencing deal from the government.

Rhodes’ attorneys have suggested his defense will focus on his belief that Trump would invoke the Insurrection Act and call in a militia to support his bid to stay in power. Defense attorneys say Rhodes’ actions in the weeks leading up to Jan. 6 were in preparation for what he believed were lawful orders from Trump under the Insurrection Act, but never came.

The defense said the oath keepers were dressed in full combat gear to protect themselves from possible attacks by left-wing antifa activists and that the “quick reaction force” outside Washington was intended for defensive purposes if Trump was invoking the Insurrection Act.

Nearly 900 people have been charged so far in the Jan. 6 riot and more than 400 have pleaded guilty or been sentenced at trial. Sentences for rioters so far range from probation for minor offenses to 10 years in prison for a retired New York police officer who used a metal pole to assault an officer on Capitol Hill.

Follow AP coverage of the Capitol Riot at https://apnews.com/hub/capitol-siege.

Learn more about Donald Trump investigations: https://apnews.com/hub/donald-trump

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Brittney Griner: Where are we with the prisoner swap? This New York lawyer has inside information https://criminaljustice-online.com/brittney-griner-where-are-we-with-the-prisoner-swap-this-new-york-lawyer-has-inside-information/ Sat, 24 Sep 2022 20:30:02 +0000 https://criminaljustice-online.com/brittney-griner-where-are-we-with-the-prisoner-swap-this-new-york-lawyer-has-inside-information/ Criminal Defense Lawyer Steve Zissou and his client, convicted Russian arms dealer Viktor Bout, who serving a 25-year sentence in federal prison, are eager to make big news when/if the prisoner exchange takes place. The White House and the Kremlin seem to agree to hand over Bout in exchange for WNBA Star Brittney Griner who […]]]>

Criminal Defense Lawyer Steve Zissou and his client, convicted Russian arms dealer Viktor Bout, who serving a 25-year sentence in federal prison, are eager to make big news when/if the prisoner exchange takes place.

The White House and the Kremlin seem to agree to hand over Bout in exchange for WNBA Star Brittney Griner who is in his eighth month in a Russian prison for possessing less than a gram of cannabis oil in his suitcase while entering a Moscow airport to complete his seventh season with Russian team UMMC Yekaterinburg.

Read more: Why won’t the Russian billionaires who own Brittney Griner’s basketball team help her get out of jail?

“Listen, it’s no secret, they wanted it [Bout] been back for several years now,” Zissou told CNN several days before Griner was sentenced to nine years in a Russian penal colony on August 4.

New York Magazine interviews Viktor Bout’s lawyer

“As the WNBA entered its offseason this month, Griner’s many fans and supporters awaited answers from Griner’s agent, the league, the White House — anyone in a position of authority — about when she could come home. But if they really want to know what his future holds, maybe they better ask Zissou,” wrote Barshad of Amos.

So what gives? Zissou argues that Bout’s 2008 arrest and 2010 extradition were bogus, that he was specifically targeted for a fabricated crime so he could be charged in the United States. The result led directly to tougher treatment of Americans involved in legal issues in Russia, including Brittney Griner, Zissou argues.

The Queens-based attorney noted that Bout55, could be out as early as 2027, meaning his value in any potential trade is “declining rapidly,” which isn’t good news for Griner.

Zissou had thought of the exchange of prisoners but I figured the State Department would never listen to him. However, they could listen to the families of former Marine Paul Whelan and Brittney Griner’s wife, Cherelle, who he admitted weren’t keen on getting involved with Bout. known as the “Merchant of Death” – a nickname Zissou hates.

The breakthrough took place in July when Secretary of State Anthony Blinken said the United States had made a “substantial offer” to Russia for Griner and Whelan, which Moscow confirmed.

Zissou told Barshad that the United States and Russia are “on the verge of an exchange. And the way you can tell this is about to happen is everyone is quiet. The main factor in a possible fight agreement is the motivation of the White House to release a top athlete like Griner. Zissou doesn’t think a deal will happen until midterm, so the White House doesn’t seem kind to Russia. And when it does, it will happen without advanced fanfare.

When Bout is released, Zissou says, “they’ll just wake him up in the morning.”

What does Bout himself have to say to his lawyer?

“You have to be patient. It will happen.”

Photo: Wikimedia Commons

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Paxton files amicus brief defending President Trump’s constitutional rights after unprecedented Biden raid DOJ https://criminaljustice-online.com/paxton-files-amicus-brief-defending-president-trumps-constitutional-rights-after-unprecedented-biden-raid-doj/ Tue, 20 Sep 2022 21:48:45 +0000 https://criminaljustice-online.com/paxton-files-amicus-brief-defending-president-trumps-constitutional-rights-after-unprecedented-biden-raid-doj/ Attorney General Paxton is leading a multi-state coalition in filing an amicus brief with the Atlanta-based United States Court of Appeals for the Eleventh Circuit in support of President Donald Trump, seeking to secure the return of the Privileged documents taken during the Biden administration’s unprecedented raid. After President Biden’s Department of Justice (DOJ) ransacked […]]]>

Attorney General Paxton is leading a multi-state coalition in filing an amicus brief with the Atlanta-based United States Court of Appeals for the Eleventh Circuit in support of President Donald Trump, seeking to secure the return of the Privileged documents taken during the Biden administration’s unprecedented raid.

After President Biden’s Department of Justice (DOJ) ransacked the home of a former – and potential future – political opponent, President Trump asked a special master to determine whether any material protected by attorney-client privilege counsel and executive privilege had been seized. A federal district court then appointed a special master and barred the Biden administration from using potentially privileged documents in the interim.

The Biden administration is now seeking to appeal the decision, in order to review and possibly use privileged documents to further its investigation of President Trump.

“Joe Biden’s commitment to arming the DOJ to prosecute political opponents should deeply concern all Americans,” Attorney General Paxton said. “Given Biden’s track record, combined with his rhetoric demonizing anyone he disagrees with, the courts must be extra vigilant as to how the DOJ can abuse its power to punish President Donald Trump. . At a bare minimum, the Eleventh Circuit should ensure that any inside information taken from President Trump is returned and the special master remains in place.

The memoir notes the multitude of ways the Biden administration leveraged its power to engage in questionable political play, instead of working to advance the interests of the American people. In particular, the brief highlights multiple examples of federal judges determining that the Biden administration failed to act “in good faith” and took “unfair” actions, in addition to blatant and public misrepresentations regarding the extent of federal involvement in “gain of function” research and state illegal immigration policies. Because of the administration’s track record and the extraordinary circumstances of this case, the Eleventh Circuit is expected to uphold the district court’s decision.

As the brief explains: “At a minimum, this Court should view the administration’s assertions of good faith, neutrality, and objectivity with a yellow eye. Therefore, this Court should deny the administration’s request to stay the district court’s order pending appeal and instead allow this documentary litigation to proceed before a neutral special master. »

To read the full amicus brief, click here.

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Trial begins for sailor accused of setting fire to Navy warship https://criminaljustice-online.com/trial-begins-for-sailor-accused-of-setting-fire-to-navy-warship/ Mon, 19 Sep 2022 04:47:29 +0000 https://criminaljustice-online.com/trial-begins-for-sailor-accused-of-setting-fire-to-navy-warship/ SAN DIEGO– Prosecutors say Ryan Sawyer Mays was an arrogant young sailor angry at being assigned to deck duty after failing to become a Navy SEAL — and he made the Navy pay big. But the prosecution has presented no physical evidence proving that Mays, 21, set fire to the USS Bonhomme Richard, a fact […]]]>

SAN DIEGO– Prosecutors say Ryan Sawyer Mays was an arrogant young sailor angry at being assigned to deck duty after failing to become a Navy SEAL — and he made the Navy pay big.

But the prosecution has presented no physical evidence proving that Mays, 21, set fire to the USS Bonhomme Richard, a fact that defense attorneys plan to highlight at the sailors’ court martial that will is scheduled to begin Monday at Naval Base San Diego.

The July 2020 fire burned for nearly five days and sent acrid smoke over San Diego, damaging the amphibious assault ship so badly that it had to be scuttled. This marked one of the worst non-combatant warship disasters in recent memory.

Mays is charged with aggravated arson and willfully endangering a vessel. He denied any wrongdoing.

Gary Barthel, a civilian attorney who represented Mays at a preliminary hearing to determine if there was probable cause to send the case to trial, said the Navy judge overseeing that process recommended that the case is not taken to court martial. But Vice Admiral Steve Koehler, the former commander of the US 3rd Fleet based in San Diego, who had the final say, ordered the court-martial.

Barthel said the Navy’s case relies heavily on the account of a fellow sailor who admitted to changing it several times. He said investigators ruled out that the lithium batteries were stored next to highly combustible materials such as cardboard boxes, in violation of ship protocol.

Barthel said he offered his services pro bono because he thought Mays wouldn’t be court-martialed, but he doesn’t have time with his full-time practice to continue representing the sailor, who uses a military lawyer. Still, he said he was speaking out because the Navy case was unfair.

“I think there are real questions about whether or not the fire was arson,” Barthel said. “And if it was deemed arson, there are questions as to whether Ryan Mays started that fire.”

Prosecution witness Petty Officer 3rd Class Kenji Velasco blamed his nervousness for the changes to his story and told the preliminary hearing he was now ‘100 per cent’ sure he had seen Mays go down to the lower vehicle storage area of ​​the ship on the day. fire.

Neither the military defense attorney nor the prosecution could be reached for comment.

Barthel thinks the Navy is using Mays as a scapegoat rather than admitting that it was solely the mismanagement of senior officers that led to the loss of the billion-dollar ship, or acknowledging that they blamed the bad person.

While investigators say Mays set the fire, a Navy report last year concluded the hell was preventable and unacceptable, and there were gaps in training, coordination, communications , fire preparedness, equipment maintenance and general command and control.

Navy chiefs disciplined more than 20 senior officers and sailors in what they described as widespread leadership failures that contributed to the disaster. The Navy spread blame across a wide range of ranks and responsibilities and directly blamed the ship’s three senior officers.

The ship was undergoing a two-year, $250 million upgrade in San Diego when the fire broke out. About 115 sailors were on board and nearly 60 were treated for heat exhaustion, smoke inhalation and minor injuries. The inability to extinguish or contain the fire led to temperatures exceeding 1,200 degrees Fahrenheit in some areas, melting sections of the ship into molten metal that sank in other parts of the ship.

Retired Navy Captain Lawrence B. Brennan, an adjunct professor at the Fordham Law School of Admiralty and International Maritime Law, said the prosecution had their work cut out for them.

“There are questions about identifying people in the vicinity of the fire and possible causes other than arson,” he said in an email to The Associated Press. and crucial evidence.”

The court martial is to last two weeks.

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Hearing scheduled for Monday to determine whether Adnan Syed will be freed https://criminaljustice-online.com/hearing-scheduled-for-monday-to-determine-whether-adnan-syed-will-be-freed/ Sat, 17 Sep 2022 03:39:00 +0000 https://criminaljustice-online.com/hearing-scheduled-for-monday-to-determine-whether-adnan-syed-will-be-freed/ BALTIMORE – A judge has scheduled a hearing on Monday to determine whether Adnan Syed will be freed after new evidence suggests two other suspects in the murder of his ex-girlfriend, Hae Min Lee. Syed, the subject of the “Serial” podcast, is currently serving a life sentence. The Baltimore State’s Attorney’s Office and Syed’s defense […]]]>

BALTIMORE – A judge has scheduled a hearing on Monday to determine whether Adnan Syed will be freed after new evidence suggests two other suspects in the murder of his ex-girlfriend, Hae Min Lee. Syed, the subject of the “Serial” podcast, is currently serving a life sentence.

The Baltimore State’s Attorney’s Office and Syed’s defense attorneys are calling for his release.

“Given the overwhelming lack of reliable evidence implicating Mr. Syed, coupled with growing evidence pointing to other suspects, this unjust conviction cannot stand,” said Assistant Public Defender Erica Suter, Syed’s attorney and director. of the Innocence Project clinic. “Mr Syed is grateful that this information has finally come to light and looks forward to his day in court.”

State’s Attorney Marilyn Mosby said she would seek a new trial for Syed.

“In the interests of fairness and justice, he is entitled to a new trial,” Mosby said in an interview with ABC News.

The two sides have been involved in a nearly year-long investigation, which led Mosby on Wednesday to file a motion seeking the quashing of Syed’s conviction. The prosecutor’s office said a suspect threatened to kill the victim, but prosecutors never shared that information with the defense, which is required by law.

The suspect said: “He would [Ms. Lee] vanish. He would kill her.”

Mosby’s office also said new information “reveals that one of the suspects was convicted of assaulting a woman in her vehicle, and one of the suspects was convicted of serial rape and murder.” ‘sexual assault’.

Syed and Lee, students of Woodlawn High School, were both 17 at the time of the girl’s murder in 1999.

Lee disappeared on January 13, 1999. Several weeks later, her body was found in Leakin Park. An autopsy report said she died from manual strangulation.

Syed, convicted in 2000, has always said he was innocent.

The case against Syed largely rested on the testimony of a man, Jay Wilds, who claimed Syed asked him to help bury the body.

“He said, ‘the police told me all this’, so you know, this guy is now on record for saying I just made stuff up,” said Rabia Chaudry, a childhood friend of Syed. who wrote a book about the case. .

The 2014 “Serial” podcast, narrated by “This American Life” producer and former Baltimore Sun reporter Sarah Koenig, raised questions about the lawsuits against Syed.

“No one was able to provide any evidence that I had anything other than friendship towards her – like love and respect for her. I had no reason to kill her,” he said. said Adnan in one episode.

And a 2019 HBO documentary hinted at the existence of DNA evidence.

In March, the Baltimore State’s Attorney’s Office accepted new DNA tests that Syed’s attorneys say could clear his name.

Mosby said Wednesday investigators found traces of male DNA after testing swabs from Lee’s fingernails, shirt and toenail clippings, items that were not tested in a separate investigation. in 2018.

“The right fingernail and shirt swabs were then analyzed with a genotyping kit that targets male Y-chromosome STR DNA,” Mosby’s office said in a motion. “However, no useful typing results were obtained from this analysis.”

Monday’s hearing is scheduled for 2 p.m. at the Cummings Courthouse near Calvert Street.

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Arizona’s Soros-backed DA candidate partners with abortion clinics that sold fetal organs https://criminaljustice-online.com/arizonas-soros-backed-da-candidate-partners-with-abortion-clinics-that-sold-fetal-organs/ Thu, 15 Sep 2022 21:47:02 +0000 https://criminaljustice-online.com/arizonas-soros-backed-da-candidate-partners-with-abortion-clinics-that-sold-fetal-organs/ Democrats Julie Gunnigle has pledged not to enforce Arizona’s 15-week abortion ban Julie Gunnigle (YouTube) Josh Christenson • September 15, 2022 5:45 p.m. A George Soros-backed candidate for district attorney in Arizona has teamed up with abortion providers who may have circumvented federal law to sell fetal organs for profit and joked about late-term abortions. […]]]>

Julie Gunnigle has pledged not to enforce Arizona’s 15-week abortion ban

Julie Gunnigle (YouTube)

Josh Christenson • September 15, 2022 5:45 p.m.

A George Soros-backed candidate for district attorney in Arizona has teamed up with abortion providers who may have circumvented federal law to sell fetal organs for profit and joked about late-term abortions.

Julie Gunnigle, Democratic candidate for Maricopa County Attorney, hosted a 2020 campaign event with Camelback Family Planning, an abortion clinic that harvested and sold organs from “maternal blood” and “liver and thymus” from 2010 to 2015. A 1993 federal law prohibits the sale of fetal organs for profit.

Gunnigle has also raised funds multiple times since 2021 for Desert Star Family Planning, whose founder and president was filmed in 2014 discussing fetal organ harvesting and joking that she needs to “go to the gym so that his “biceps” could abort older fetuses. more than 20 weeks. Both clinics endorsed Gunnigle’s campaign.

Gunnigle’s ties to controversial abortion clinics are the latest issue that could hurt his candidacy in Arizona. His campaign platform also pledges to prosecute the police under a special division and dismiss minor criminal offences, the Free Washington Beacon reported. Gunnigle took $6,550 last quarter from Way to Lead PAC, to which Soros’s Democracy PAC contributed hundreds of thousands of dollars.

A Gunnigle campaign spokeswoman did not respond to a request for comment.

Camelback Family Planning sold $1,200 worth of fetal organs to StemExpress between 2010 and 2015, according to a 2016 US House Energy and Commerce Committee investigative report. Dr David Prentice of the Charlotte Lozier Institute told the Free tag that although federal law is “porous”, Camelback and the other clinics under investigation likely violated the law.

Camelback is no stranger to controversy. In 2012, a clinic worker was caught coaching a mother to circumvent Arizona law to abort a fetus based on her gender. Gabrielle Goodrick, who founded the clinic in 1999, lost her medical license in 2016 for misusing fentanyl she stole from the office.

Gunnigle has repeatedly promised, if elected, not to prosecute abortions under the 15-week abortion ban Gov. Doug Ducey (R.) signed into law in March. Gunnigle encouraged others to support abortion by donating to Desert Star Family Planning.

Desert Star founder DeShawn Taylor was recorded discussing the need to keep fetuses “intact” for organ harvesting. Taylor, the former medical director of Planned Parenthood Arizona, also insinuated that Desert Star failed to provide medical care to aborted fetuses that showed signs of life, a violation of Arizona law.

“In Arizona, if the fetus comes out with signs of life, we’re supposed to transport it,” Taylor said, calling the law a “mess.” Taylor noted that she “pays attention to who’s in the room” in determining when to treat fetuses that survive abortions.

Desert Star Family Planning performed 666 abortions in 2020, according to the Arizona Department of Health.

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German convicted of murder after killing above mask rules https://criminaljustice-online.com/german-convicted-of-murder-after-killing-above-mask-rules/ Tue, 13 Sep 2022 13:48:25 +0000 https://criminaljustice-online.com/german-convicted-of-murder-after-killing-above-mask-rules/ BERLIN — A man in Germany was convicted of murder and sentenced to life on Tuesday for fatally shooting a gas station employee following a dispute over face masks. The September 2021 murder in the western town of Idar-Oberstein shocked the country. The defendant was also found guilty of illegal possession of weapons because he […]]]>

BERLIN — A man in Germany was convicted of murder and sentenced to life on Tuesday for fatally shooting a gas station employee following a dispute over face masks.

The September 2021 murder in the western town of Idar-Oberstein shocked the country. The defendant was also found guilty of illegal possession of weapons because he did not have a license for the weapon used in the murder, German news agency dpa reported.

Authorities say the 50-year-old told officers he acted ‘out of anger’ when trying to buy beer at the gas station after the 20-year-old employee refused to serve him without a mask.

At the time, Germany required the use of masks in stores to stop the spread of the coronavirus.

Police say the suspect, a German citizen identified in local media as Mario N., left the gas station after the argument, but returned half an hour later and shot the employee in the head.

He initially fled the scene but turned himself in after police launched a full-scale manhunt.

The state court in Bad Kreuznach found that the defendant’s radical right-wing stance and his enmity towards the state were the main motives for the murder, dpa reported.

He said the defendant viewed the clerk as a representative of the state and its coronavirus policy, and decided to “make an example” of him after he insisted on the mask mandate.

Defense attorneys at the trial, which lasted six months, had asked for a manslaughter conviction. They argued there were limits to the extent to which the suspect, who an expert said was intoxicated when the fatal shot was fired, could be held criminally responsible for his actions.

Prosecutors had asked the court to find the defendant “seriously guilty”, which would have effectively barred him from early release after 15 years, which is typical for those sentenced to life in Germany. The judges did not.

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Appeals court hears Jasiel Correia’s arguments to quash fraud case https://criminaljustice-online.com/appeals-court-hears-jasiel-correias-arguments-to-quash-fraud-case/ Sat, 10 Sep 2022 23:10:46 +0000 https://criminaljustice-online.com/appeals-court-hears-jasiel-correias-arguments-to-quash-fraud-case/ BOSTON — Former Fall River Mayor Jasiel Correia II had his virtual day in court Thursday as three federal 1st Circuit Court of Appeals judges heard arguments about why the ex-politician now incarcerated should have his convictions overturned or receive a new trial. Oral arguments were heard before appellate judges Sandra L. Lynch, Bruce Selya […]]]>
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Trial of man accused in NH church shooting delayed again https://criminaljustice-online.com/trial-of-man-accused-in-nh-church-shooting-delayed-again/ Fri, 09 Sep 2022 21:36:00 +0000 https://criminaljustice-online.com/trial-of-man-accused-in-nh-church-shooting-delayed-again/ The trial of a man accused of shooting two people inside a church in Pelham in 2019 has again been delayed. was due to stand trial in June, but that date was pushed back to October when he was appointed as the new lawyer. During court proceedings on Friday, defense attorneys said they were concerned […]]]>

The trial of a man accused of shooting two people inside a church in Pelham in 2019 has again been delayed. was due to stand trial in June, but that date was pushed back to October when he was appointed as the new lawyer. During court proceedings on Friday, defense attorneys said they were concerned about their doctors’ access to Holloway in jail, saying they would not have an opinion on his mental state in time to the trial. “My concern is that it’s going to be difficult to get our doctors out there and have our doctors do that assessment,” defense attorney John MacLachlan said. “These assessments are equivalent. They must be made.” But in pushing to keep the October date, prosecutors argued the proceedings had gone on too long. “In a month, it will be three years since this happened,” Hillsborough County Assistant District Attorney Brian Greklek-McKeon said. “Victims have rights under the Victims Bill of Rights. They are entitled to a speedy resolution, just like the accused.” The two sides agreed to mediation in December. The judge said that since mental health is a crucial part of the trial, it can be pushed back to April 2023. He warned that he would not be inclined to continue allowing further motions. A new trial date has not yet been set.

The trial of a man accused of shooting two people inside a church in Pelham in 2019 has again been delayed.

Dale Holloway, from Manchester, is facing multiple charges, including attempted murder, in connection with the murder of two people at a church in Pelham.

Holloway was due to stand trial in June, but that date was pushed back to October when he was appointed as the new attorney. During court proceedings on Friday, defense attorneys said they were concerned about their doctors’ access to Holloway in jail, saying they would not have an opinion on his mental state in time to the trial.

“My concern is that it’s going to be difficult to get our doctors out there and have our doctors do that assessment,” defense attorney John MacLachlan said. “These assessments are equivalent. They must be made.”

But in pushing to keep the October date, prosecutors argued the proceedings had gone on too long.

“In a month, it will be three years since this happened,” Hillsborough County Assistant District Attorney Brian Greklek-McKeon said. “Victims have rights under the Victims Bill of Rights. They are entitled to a speedy resolution, just like the accused.”

The two sides agreed to mediation in December. The judge said that since mental health is a crucial part of the trial, it can be pushed back to April 2023. He warned that he would not be inclined to continue allowing further motions.

A new trial date has not yet been set.

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