Sunday, February 26, 2023

Alabama man charged in quadruple killing denied bond

A judge has denied bond for a man accused of killing his grandparents, his brother and a family friend in south Alabama. Jared Smith-Bracy, 21, is charged with four counts of capital murder in the deaths Wednesday night in Daphne. He met briefly with his two court-appointed attorneys before the Friday bond hearing, and they entered a plea of not guilty by reason of mental disease or mental defect on his behalf, WKRG-TV reported. Baldwin County Chief Assistant District Attorney Teresa Heinz asked for no bond, and the judge granted that request. But the judge said that could change as the investigation continues, the television station reported. Police have said Smith-Bracy fatally shot his 72-year-old grandmother, Barbara Smith; his 27-year-old brother, Jeremy Smith; and 71-year-old family friend, Sheila Glover, whose bodies were found in the backyard of his grandparents’ home. He then used a pickaxe to beat his 80-year-old grandfather, Lenard Smith, to death inside a bedroom in the house, police said, according to WPMI-TV. Baldwin County Chief Assistant District Attorney Teresa Heinz asked for no bond, and the judge granted that request. But the judge said that could change as the investigation continues, the television station reported.

Friday, February 3, 2023

Federal appeals court strikes down domestic violence gun law

A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns — the latest domino to fall after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws. Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns. A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person’s individual right to own a gun. But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.” The appeals court withdrew its original decision and on Thursday decided to vacate the man’s conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional. Specifically, the court ruled that the federal law was an “outlier that our ancestors would never have accepted” — borrowing a quote from the Bruen decision. The decision came from a three-judge panel consisting of Judges Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Donald Trump, while Jones was nominated by former Republican President Ronald Reagan.

Friday, January 20, 2023

Supreme Court has failed to find leaker of abortion opinion

The Supreme Court said Thursday an eight-month investigation that included more than 120 interviews and revealed shortcomings in how sensitive documents are secured has failed to find who leaked a draft of the court’s opinion overturning abortion rights. Ninety-seven employees, including the justices’ law clerks, swore under oath that they did not disclose a draft of Justice Samuel Alito’s opinion that overturned Roe v. Wade, the court said. It was unclear whether the justices themselves were questioned about the leak, which was the first time an entire opinion made its way to the public before the court was ready to announce it. Politico published its explosive leak detailing the Alito draft in early May. Chief Justice John Roberts ordered an investigation the next day into what he termed an “egregious breach of trust.” On Thursday, the court said its investigative team “has to date been unable to identify a person responsible by a preponderance of the evidence.” The investigation has not come to an end, the court said. A few inquiries and the analysis of come electronic data remain.

Saturday, January 14, 2023

Thousands of Israelis rally against Netanyahu government

Tens of thousands of Israelis gathered in central Tel Aviv on Saturday night to protest plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the legal system and weaken the Supreme Court — a step that critics say will destroy the country’s democratic system of checks and balances. The protest presented an early challenge to Netanyahu and his ultranationalist national security minister, Itamar Ben-Gvir, who has ordered police to take tough action if protesters block roads or display Palestinian flags. Israeli media, citing police, said the crowd at Tel Aviv’s Habima Square had swelled to 80,000 people by 9 p.m. despite cool, rainy weather. Protesters, many covered by umbrellas, held Israeli flags and signs saying “Criminal Government,” “The End of Democracy” and other slogans. There were no immediate reports of unrest. Netanyahu, who is on trial for corruption charges, has made overhauling the country’s legal system a centerpiece of his agenda. In office for just over two weeks, his government has launched proposals to weaken the Supreme Court by giving parliament the power to overturn court decisions with a simple majority vote. It also wants to give parliament control over the appointment of judges and reduce the independence of legal advisers.

Monday, January 2, 2023

State seeks long prison term for accused NYC subway gunman

Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City. Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself. Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter. Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday. James had been scheduled to stand trial in late February. His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement. Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees. The 11th charge accuses James of discharging a firearm during a violent crime. Kuntz issued an order last week instructing the U.S. Marshals Service to use “all necessary force” to ensure that James shows up at Tuesday’s plea proceeding, noting that James has refused to appear at past hearings. James, who is being held in a federal jail, balked at being taken to a court date in October but then appeared later that day, after Kuntz issued a similar order for him to be forced to court if necessary. In the subway attack, the shooter set off a pair of smoke grenades and then fired a barrage of random shots inside the train, bloodying passengers as it moved between stations. Before the shooting, James, who is Black, posted dozens of videos online in which he ranted about race, violence and his struggles with mental illness. In some, he decried the treatment of Black people and talked about how he was so frustrated, “I should have gotten a gun and just started shooting.”

Wednesday, December 21, 2022

FTX founder could be sent to US after extradition hearing

Sam Bankman-Fried is back in a Bahamian court Wednesday for an extradition hearing that could clear the way for the one-time billionaire to be sent to the U.S. to face criminal charges related to the collapse of cryptocurrency exchange FTX. In a court in Nassau, Bahamas, on Monday, Bankman-Fried’s lawyers said he had agreed to be extradited to the U.S., but the necessary paperwork had not yet been written up. If approved, Bankman-Fried could be on a plane to the U.S. as early as Wednesday afternoon. Bahamian authorities arrested Bankman-Fried last week at the request of the U.S. government. U.S. prosecutors allege he played a central role in the rapid collapse of FTX and hid its problems from the public and investors. The Securities and Exchange Commission said Bankman-Fried illegally used investors’ money to buy real estate on behalf of himself and his family. The 30-year-old could potentially spend the rest of his life in jail. Bankman-Fried was denied bail Friday after a Bahamian judge ruled that he posed a flight risk. The founder and former CEO of FTX, once worth tens of billions of dollars on paper, is being held in the Bahamas’ Fox Hill prison, which has been has been cited by human rights activists as having poor sanitation and as being infested with rats and insects. Once he’s back in the U.S., Bankman-Fried’s attorney will be able to request that he be released on bail.

Sunday, December 4, 2022

German parliament votes to approve EU-Canada trade pact

German lawmakers on Thursday approved a free-trade deal between the European Union and Canada, moving the accord a step closer to taking full effect. The pact, formally known as the Comprehensive Economic and Trade Agreement, or CETA, was signed in late 2016. Most of its terms have been implemented provisionally since 2017, but the parliaments of the EU’s 27 member nations must ratify the deal for -it to come fully into force. Chancellor OIaf Scholz’s three-party coalition moved forward with ratifying it after Germany’s highest court in March rejected complaints against CETA, at least in the form in which it is currently in effect. Lawmakers voted 559-110 to approve the pact. Another 11 EU countries have yet to ratify the deal, Verena Hubertz, a lawmaker with Scholz’s center-left Social Democrats, told parliament’s lower house before the vote. “We are optimistic, now that we are moving forward, that others will also follow very quickly,” she said. “But of course ... this is much too long and much too slow in a globalized world that turns quickly.” Hubertz said Germany had to wait for the court verdict and added that “we have eliminated concerns” about details of a dispute mechanism built into the pact. Conservative opposition lawmakers argued that little or nothing has actually changed and charged that the center-left had held up ratification for ideological reasons. The deal eliminates almost all customs duties and increases quotas for certain key products in Canada and the EU’s respective markets. The EU has said the agreement will save its companies some 600 million euros ($623 million) a year in duties.