Tuesday, August 20, 2024

Former Rep. George Santos pleads guilty in federal fraud case

George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment. Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial. “I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom. Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution. Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7. Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working. Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit. The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members. Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022. But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography. New questions then emerged about his campaign funds. He was first indicted on federal charges in May 2023, but refused to resign from office. Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.” Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.” Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use. Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year.

Friday, August 9, 2024

Hearing in Karen Read case expected to focus on jury deliberations

Defense attorneys for Karen Read are expected to argue Friday that two charges in the death of her Boston police officer boyfriend be dismissed, focusing on the jury deliberations that led to a mistrial. Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations. A new trial is set to begin Jan. 27. In several motions since the mistrial, the defense contends four jurors have said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge. Trying her again on those two charges would be unconstitutional double jeopardy, they said. They also reported that one juror told them “no one thought she hit him on purpose or even thought she hit him on purpose.” The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment. Prosecutors described the defense’s request to drop charges of second-degree murder and leaving the scene of a deadly accident as an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.” But in another motion, prosecutors acknowledged they received a voicemail from someone who identified themselves as a juror and confirmed the jury had reached a unanimous decision on the two charges. Subsequently, they received emails from three individuals who also identified themselves as jurors and wanted to speak to them anonymously. Prosecutors said they responded by telling the trio that they welcomed discussing the state’s evidence in the case but were “ethically prohibited from inquiring as to the substance of your jury deliberations.” They also said they could not promise confidentiality. As they push against a retrial, the defense wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.” Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day. “Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion. Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton, Massachusetts, home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma. The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.”

Thursday, August 1, 2024

Court filings provide additional details of the US’ first nitrogen gas execution

A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted. Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas. Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry. As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution. Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death. A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said. “The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing. Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.