Still reeling from Helene’s aftermath, a new tropical threat develops in the Gulf
ABC News
(NEW YORK) — Even as the South continues its recovery from the devastation of Hurricane Helene, another storm system is showing the potential for development in the Gulf of Mexico.
Early October is still not far from last month’s peak of the hurricane season.
Most of the tropical systems in the Atlantic will stay away from the U.S., including Tropical Storm Kirk, but one system in the Caribbean could move into the Gulf by the end of the week.
At this time, it is still too early to say how much it will develop and where it will hit. But some of our most trusted computer models bring this system to Florida by early next week with heavy rain.
Right now, it has a 40% chance of development by the end of the week.
If the system is named, it could be called Leslie or Milton, depends on whether something forms in the Atlantic first.
(KANSAS CITY, Mo.) — Andrew Lester, the man charged in the April 2023 shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, got a new trial date on Tuesday, pending the outcome of a mental health evaluation, ABC’s Kansas City affiliate KMBC reported.
A Clay County judge rescheduled Lester’s trial, which was initially set for Oct. 7, to begin on Feb. 18, 2025, according to KMBC.
Prior to Tuesday’s hearing, Lester’s trial had been delayed indefinitely after the judge ordered on Sept. 9 that Lester undergo a mental health check to determine if he is fit to stand trial in response to a motion filed by Lester’s attorney Steven Salmon.
Salmon filed a motion in the Clay County Circuit Court on Aug. 27, requesting a mental evaluation to determine if Lester is fit to stand trial, according to court documents obtained by ABC News, where he claimed that Lester is facing health conditions that could impair his ability to understand legal proceedings or assist in his defense at trial.
The judge said on Tuesday that Lester’s mental evaluation must be complete by Nov. 9 and his next hearing was set for Nov. 26, according to KMBC.
ABC News reached out to Lester’s attorney but a request for comment was not immediately returned.
Lester, a white man, was charged with one count of felony assault in the first-degree and one count of armed criminal action, also a felony, in the shooting of Yarl, a Black teenager who mistakenly went to Lester’s Kansas City home after arriving at the wrong address to pick up his twin brothers from a play date. Lester pleaded not guilty in April 2023 and was released on a $200,000 bond.
Yarl was shot in the head and in the right arm on the evening of April 13, 2023, by Lester, according to police. The 18-year-old suffered a traumatic brain injury, his family previously told ABC News.
Exclusive: Ralph Yarl, teen shot after mistakenly going to the wrong house, seeks ‘justice’ in civil lawsuit
According to court documents, Salmon said in the motion that Lester has lost more than 50 pounds, experienced issues with his memory and has exhibited confusion surrounding the details of the case.
“Over the course of this case, Counsel has noticed a significant decline in Defendant’s overall physical health, as well as his mental acuity,” Salmon said in the motion. “The frailty of Defendant’s physical health has, in part, been because of a broken hip, heart issues and hospitalization he has suffered during the pendency of this matter.”
Salmon also noted that Lester has faced “stress” due to “overwhelming media attention, as well as death threats and other unwanted attention, making it difficult for him to interact socially with anyone.”
“The goal of the judicial system is never to hold white offenders accountable for the crimes committed against people of color,” Yarl’s mother, Cleo Nagbe, told ABC News in a statement on Sept. 9 after the trial was delayed indefinitely. “So, we wait to be proven wrong this time around, especially with a victim like Ralph.”
Andrew Lester, suspect in Ralph Yarl shooting, to undergo mental health check, judge rules
The trial was initially set after a Clay County judge ruled during an August 2023 preliminary hearing that there was enough probable cause that a felony has been committed.
“The binding over of a defendant from a preliminary hearing is fairly normal. The prosecutor simply needs to provide probable cause to bind the case over,” Salmon told ABC News after the August 2023 ruling.
Moses Stewart and Diane Hawkins grieve over the slaying of their son Yusuf Hawkins; Nicole Bengiveno/NY Daily News Archive via Getty Images
(BROOKLYN, N.Y.) — When Yusuf Hawkins, a Black 16-year-old, was shot and killed in Brooklyn in 1989 as he went to purchase a car, the crime set off months of angry protests.
Now, the man convicted in Hawkins’ murder, who has been behind bars for nearly 35 years, will get a chance Thursday to prove his innocence with what his defense attorney says is new evidence.
Joseph Fama, who was 18 at the time of the murder, was part of a white mob that chased down Hawkins and three other unarmed Black youths in August 1989 in Bensonhurst, Brooklyn, according to court documents.
Fama, who is white, was convicted in May 1990 of second-degree murder, first-degree riot, third-degree criminal possession of a weapon, first-degree unlawful imprisonment, menacing and discrimination. All counts were ordered to run concurrently, giving Fama 25 years to life in prison, according to court documents.
“Unfortunately, terribly, Yusuf Hawkins, innocent, innocent man, was killed — let’s just start with that — because he’s Black,” Justin Bonus, Fama’s attorney, told ABC News in a phone interview last week. “My client was not involved with this whole group of kids sitting there waiting for Black guys to come.”
The murder sparked protests against racial violence around New York City at a time when tensions were high. Months earlier, the Central Park Five, a group of Black and Hispanic teenagers, were wrongfully convicted of rape and assault of a white female jogger.
Five witnesses testified that they saw Fama shoot Hawkins, and four more witnesses placed Fama at the scene the night that the teenager was shot three times, according to court documents. Two jailhouse informants testified that Fama admitted to them that he shot Hawkins because he was Black, according to court documents.
“First of all, jailhouse informants, are we going to go by that?” Bonus said to ABC News.
The judge in Fama’s original trial did not allow the father of one of the informants to testify that he believed his son was lying about his claim that Fama confessed that he killed Hawkins. The courts made that decision because the defense failed to lay a foundation for the admission of the evidence during cross-examination of the informant, according to court documents.
According to a motion by Fama’s defense, two of the witnesses, who previously said that they saw Fama kill Hawkins, recanted their testimonies and claimed that they were coerced by investigators to pin the shooting on the defendant.
During the original trial, the court denied the defense’s request to call Frankie Tighe, one of the witnesses who recanted his testimony, to the stand because defense attorneys had already rested their case four days before their request, according to court documents.
Keith Mondello, one of the alleged leaders of the mob that chased Hawkins and who was convicted, provided new evidence that also claimed Fama was not the killer, according to court documents.
Five additional witnesses originally claimed that, after the shooting, Tighe ran around the corner to their location and they heard him say, “Joe Fama just shot a Black kid,” according to court documents.
The defense says they have new evidence that one of those witnesses later recanted their testimony and stated that detectives spoke to him many times and pressured him to accuse Fama, according to the defense’s motion.
On Aug. 23, 1989, at about 9:00 p.m. Hawkins and three of his peers took a subway train from their Brooklyn neighborhood in East New York to Bensonhurst to look at a used car for sale, according to court documents.
The four peers became lost in Bensonhurst and, as they searched for the address of where the used car would be, they came across a group of 20 to 40 white individuals who, coincidentally, were expecting Black and Hispanic men to attend a birthday party in the neighborhood that night, according to court documents.
The party was hosted by an 18-year-old white woman who the men in the neighborhood believed invited Black and Hispanic men to the birthday celebration, according to Bonus. The men gathered in the vicinity of her home, allegedly voiced racist threats and armed themselves with bats, golf clubs and handguns as they allegedly waited for the men of color to come to the party, according to court documents.
The group of men chased Hawkins and his peers when they saw them, according to court documents. The confrontation ended with Hawkins shot. He died a short time later. Fama was sentenced for 25 years to life in prison on June 11, 1990.
The defense claims to have twelve new affidavits from witnesses that allege that Fama did not shoot Hawkins. Some of those witnesses say police pressured them to accuse Fama.
The defense motion focuses on one investigator, former Detective Louis Scarcella, claiming he was “significantly involved with the investigation and procuring witnesses.”
A complaint against Scarcella alleges that nearly 20 homicide convictions associated with the former detective have been vacated and in at least nine of those convictions, Scarcella coerced false confessions or fabricated written confessions from innocent individuals, according to court records.
Joel Cohen, Scarcella’s attorney, told ABC News over the phone that some judges found that Scarcella was involved in improper tactics which led to the convictions of several individuals, but the court only found innocence in one of the overturned cases.
Scarcella didn’t file a response to any of the complaints, according to his attorney.
“Joseph Fama’s motion to vacate his conviction for the racially motivated murder of Yusef Hawkings 32 years ago is flatly contradicted by the overwhelming evidence of his guilt,” Cohen told ABC News in part through a statement. “His lawyer’s claims that the that the “…”murder investigation was led by Detective Louis Scarcella ,” and that Scarcella was “all over the investigation” are reckless and provably false and based in part by the lawyer’s “surmise.”
The DA’s office told ABC News that Scarcella only played a minor role in the investigation and was one of more than 65 investigators working on the case. The defense believes Scarcella was “significantly involved in” the investigation, according to court documents.
The NYPD did not reply to ABC News’ request for a statement.
The DA’s office claims witnesses testified that they saw Fama receive a gun from the individual who Bonus alleges was the actual shooter just before Hawkins’ death.
In Tighe’s recanted statement, he claimed that Fama used a silver handgun in the shooting, but Claude Stanford, one of Hawkins’ peers who was with him the night he was shot, said that the shooter used a black gun and was about 6 feet tall, according to the defense’s motion. Fama was about 5 feet, 8 inches tall at the time, according to court documents.
Fama has already tried twice to appeal his conviction and was denied by the court both times, according to legal documents. This is his third attempt to vacate his conviction.
Fama’s court conference hearing is set for Nov. 21, according to the Brooklyn District Attorney’s Office.
Sean “Diddy” Combs attends Sean “Diddy” Combs Fulfills $1 Million Pledge To Howard University At Howard Homecoming – Yardfest at Howard University on October 20, 2023 in Washington, DC. (Shareif Ziyadat/Getty Images for Sean “Diddy” Combs)
(NEW YORK) — Sean “Diddy” Combs is expected to learn Wednesday afternoon whether he will continue to be held without bail on charges including sex trafficking by force, transportation to engage in prostitution and racketeering conspiracy.
The music mogul’s attorney, Marc Agnifilo, appealed Judge Robyn Tarnofsky’s Tuesday decision to detain the 54-year-old pending trial. The appeal hearing is scheduled for 3:30 p.m. ET Wednesday.
Combs is alleged to have run an “enterprise that he engaged in sex trafficking, forced labor, kidnapping, arson and other crimes,” according to the indictment unsealed Tuesday.
Federal prosecutors said Combs “abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct” from 2008 to the present. The allegations mirror 11 civil complaints filed against him since 2023.
Explaining the decision to deny Combs bail, Tarnofsky said: “My concern is that this is a crime that happens behind closed doors.”
Federal prosecutors argued that Combs poses an ongoing threat to the community.
“The defendant also poses a significant risk of obstructing justice,” prosecutors said. “During the course of the charged conduct, the defendant has attempted to bribe security staff and threatened and interfered with witnesses to his criminal conduct.”
“He has already tried to obstruct the Government’s investigation of this case, repeatedly contacting victims and witnesses and feeding them false narratives of events,” prosecutors added.
“There are simply no conditions that would ensure that the defendant’s efforts to obstruct and tamper with witnesses will stop,” prosecutors said.
Agnifilo asked the judge to release Combs on a $50 million bail package, disputing the prosecutors’ characterization of his client as a flight risk. The lawyer said Combs arrived in New York on Sept. 5 and “came here to face it.”
Agnifilo said Combs is trying to sell his private plane. Agnifilo said he took possession of his client’s passport and those of five of his relatives.
He also argued that when Combs took two trips — to a graduation party for one of his children and a whitewater rafting trip — “we told the government where he was going.”
“Trust has to be earned and we have earned it,” he told the judge.
