Abortions to resume in North Dakota after court finds near-total ban unconstitutional
(RALEIGH, N.C.) — Abortions are now legal in North Dakota after the state Supreme Court ruled its near-total abortion ban was unconstitutionally vague.
The ruling came as part of a lawsuit filed by physicians that asked the court to strike down the ban in its entirety. A North Dakota South Central Judicial District Court judge granted that request Thursday.
At least 21 states currently have bans or restrictions in place on abortion care. Of those states, 13 states have ceased nearly all abortion services and four states prohibit abortions after six weeks of pregnancy, before most women know they are pregnant.
Abortion is currently illegal in South Dakota.
Plaintiffs argued the ban was unconstitutionally vague and made it impossible to interpret the language surrounding when abortions are allowed under medical exceptions, according to the Center for Reproductive Rights, which filed the lawsuit.
Physicians who violate the ban could be found guilty of a class C felony, punishable with up to five years of imprisonment, a $10,000 fine or both.
The court also found pregnant women have a fundamental right to choose an abortion before viability under the state constitution.
“The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen health care provider free from government interference,” Judge Bruce Romanick wrote in the opinion.
(NEW YORK) — Puerto Rico is still recovering from Hurricane Maria — nearly seven years after the powerful Category 4 storm caused extensive damage to the island’s already delicate infrastructure.
September marks National Preparedness Month and the start of Hispanic Heritage Month — stark reminders of the work that remains to be done on the island, especially as climate change could lead to more rapidly intensifying hurricanes in the Atlantic Basin.
Getting Puerto Rico to the necessary storm preparedness is about “justice and fairness” in protecting a unique culture and heritage that belongs to the United States, Jorge Gonzalez-Cruz, professor at the University of Albany’s Atmospheric Sciences Research Center who has researched urban energy sustainability in Puerto Rico, told ABC News.
“We are U.S. citizens and deserve the best possible opportunity to develop and grow and have a sense of well-being and prosperity,” said Gonzalez-Cruz, who was born and raised on the island.
Hurricane Maria brought 155 mph winds as it made landfall near the city of Yabucoa, on the southeast portion of the island, on Sept. 20, 2017. The storm knocked out 95% of cell towers, leaving residents without the ability to communicate. Power, already scarce due to Hurricane Irma just weeks before, was knocked out on the entire island. Flooding on the island was rampant, with 13 locations reaching record flood stage, according to the National Oceanic and Atmospheric Administration. Structural damage to buildings was widespread, and nearly all road signs and traffic lights were destroyed, officials said.
Some communities were without power for up to a year, according to Gonzalez-Cruz.
Out of the nearly 3,000 deaths attributed to Maria, only dozens were as a result of the actual storm, Kyle Siler-Evans, senior engineer of RAND, a nonprofit research institute and public sector consulting firm, told ABC News. The rest of the fatalities were caused by lack of access to clean water, food and power for an extended period of time, he added.
The frequency of strong storms that impacted the U.S. in 2017 likely contributed to delays in response to Puerto Rico, Sally Ray, director of domestic funds for the Center for Disaster Philanthropy, told ABC News. Hurricane Harvey brought widespread flooding to the Houston area in August 2017. Hurricane Irma caused extensive damage in Florida after striking the Caribbean, including Puerto Rico, in early September 2017.
“By the time you got to Maria, you know, everybody had given all their attention and money to Harvey and not as much to the subsequent storms of that season,” Ray said.
The COVID-19 pandemic, subsequent storms that followed and the rise of inflation delayed the reconstruction even more, Siler-Evans said.
Puerto Rico was awarded $34 billion from the federal government for Hurricane Maria recovery efforts, $28.6 billion of which was allocated for permanent work and management costs, according to the Federal Emergency Management Agency.
As of September 2023, 86% of FEMA’s Projects for Puerto Rico, including hazard mitigation and management costs had been completed, according to FEMA.
Gonzalez-Cruz described recovery efforts as being at a “good pace,” despite the setbacks. Improvements continue to be made to the power system, new flooding zones are regularly identified and reconstruction is moving steadily across the island, he said.
Thousands of smaller projects, such as the building of baseball fields and repairs to roads and bridges, are currently in the works as well, Siler-Evans told ABC News.
“But, [there’s] still a lot of work to be done,” Gonzalez-Cruz said.
Puerto Rico is often in the bullseye of storm systems that generate in the Atlantic Basin, the experts said. Every extreme weather event to impact the island since 2017 has been a litmus test of what still needs to be done to modernize its aging infrastructure, much of which was built during the mid-20th century.
More than 30,000 homes still had damaged roofs — covered in blue tarp — in 2019 as Hurricane Dorian neared the island, but a direct hit was avoided due to a late shift in track. In 2020, one million customers were without power following back-to-back earthquakes. An explosion and subsequent fire at a substation left 900,000 customers on the island without power in June 2021. Another massive fire at a major power plant caused a massive outage for about 1.3 million customers in April 2022, followed by Hurricane Fiona in September of that year.
Fiona was considered the first big test of the improvements made on the infrastructure since Maria, Gonzalez-Cruz said. The entire island lost power following the impact of the Category 1 storm.
The most recent named storm, Hurricane Ernesto, caused significant flooding on the island and left 730,000 customers without power — about half the island — after striking the island last month, officials said.
“There’s this whole cycle of problems that happens after a storm like Ernesto that [doesn’t] get the attention,” Ray said.
The toll from the aftermath of Hurricane Maria took on the collective psyches of Puerto Ricans cannot be understated, Gonzalez-Cruz said.
“It also shocked the makeup of the Puerto Rican people,” he said. “It revealed a lot of challenges that the island has been dealing with over [the] years.”
FEMA, its federal partners and the Government of Puerto Rico continue working closely on the island’s unprecedented recovery mission, a FEMA spokesperson said in an emailed statement to ABC News.
“FEMA is committed to the work that lies ahead and to ensuring that this historic recovery will have a lasting, positive impact on future generations,” the spokesperson said. “As National Hispanic Heritage Month begins, FEMA is proud to mention that its Hispanic and Latino Employee Resource Group is one of the largest in the agency with nearly 1,000 members across the country, many of whom are Puerto Rican and are leading the island’s long-term recovery efforts.
A request for comment from the Puerto Rico Electric Power Authority was not immediately answered.
(NEW YORK) — A man shot three tree workers while they were clearing trees for a power company before being shot himself by police officers during his arrest, police said.
The incident began near Murphytown, North Carolina, located in the Green Mountain area of Yancey County, when local resident 36-year-old Lucas Wilson Murphy confronted contract workers clearing the right of way for the power company, according to a statement from the Yancey County Sheriff’s Office released on Wednesday.
“Mr. Murphy was armed during the confrontation with the tree service workers, and subsequently, three workers were shot,” authorities said in their statement. “All three victims sustained serious injuries and were transported to area hospitals where they are receiving medical treatment.”
Yancey County Deputies immediately responded to the scene and began to exchange gunfire with Murphy as they attempted to arrest him.
“During this exchange, an officer-involved shooting took place, resulting in Mr. Murphy sustaining an injury,” police said. “He was then immediately taken into custody. Murphy was transported to an area hospital, where he is being treated for his injury.”
Authorities did not release any possible motives in the case but the Yancey County Sheriff’s Office and the North Carolina State Bureau of Investigation confirmed that they are conducting a thorough investigation into the incident.
“I want to start out by saying that my thoughts and prayers are with the Asplundh victims of today’s shooting for a speedy recovery. I am so proud of my incredible deputies and dispatchers! They did an awesome job responding and getting the situation under control quickly,” said Yancey County Sheriff Shane Hilliard in a post on social media following the shooting. “I want to extend my heartfelt gratitude to Heritage EMS, the out-of-county EMS departments, fire departments, rescue squad, and the other law enforcement agencies that sent personnel to assist.”
The conditions of the three workers are currently unknown and additional information will be released as it becomes available.
(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.
Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.
Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.
Martin and Desmond Mills Jr., the two officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.
Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.
In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.
Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.
Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.
Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.