Harvey Weinstein cases to be consolidated into single trial, will likely occur in spring
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(NEW YORK) — A Manhattan judge on Wednesday granted a motion by prosecutors to combine Harvey Weinstein’s retrial on sex crimes charges with his trial on a new charge of forcing oral sex on a woman in 2006.
Prosecutors convinced Judge Curtis Farber to consolidate the cases into a single trial in part by arguing separate trials would be “extraordinarily inefficient.”
Farber did not set a new trial date but suggested it would likely occur in the spring, displeasing the defense, which had hoped for a quicker resolution.
Weinstein is next due in court Jan. 29.
He appeared in court in a wheelchair Wednesday following his recent bone marrow cancer diagnosis.
Weinstein is currently being held in prison on Rikers Island in New York, where he has experienced a slew of health issues amid his ongoing sexual assault trials.
He has denied all claims of sexual misconduct, saying his encounters were consensual.
He pleaded not guilty to the new charge, based on the 2006 incident, last month.
“Mr. Weinstein has been very consistent from the time of his investigation. He never forced himself on anybody,” his attorney, Arthur Aidala, told reporters outside the courthouse following the arraignment on Sept. 19.
He is also charged in a previous New York State Supreme Court indictment with criminal sexual act in the first degree and rape in the third degree, the Manhattan district attorney’s office said.
(MEMPHIS, Tenn.) — Prosecutors and defense attorneys delivered closing arguments on Wednesday in the case of the three former Memphis police officers who were charged in the January 2023 beating death of Tyre Nichols.
The jury is set to receive instructions from the judge on Thursday morning ahead of deliberations after the prosecution and the attorneys for the three former officers concluded their closing arguments on Wednesday evening.
The jury pool in the federal trial is made up of seven men and seven women, including white, Black and Asian jurors.
Federal prosecutor Kathryn Gilbert said during her closing arguments that the officers laughed and bragged about beating Nichols and did not call medics to the scene because they wanted to get away with what they did and protect themselves.
Demetrius Haley, Justin Smith and Tadarrius Bean 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 if convicted, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
“They wanted it to be a beatdown,” Gilbert told the jury of the three former officers.
“You are what stands between them and getting away with it,” she added.
Haley, Smith and Bean were among five former officers who were charged in this case.
John Perry, Bean’s attorney, argued during his closing remarks that the force his client used during the interaction with Nichols was “not excessive.”
Both Perry and Haley’s attorney, Stephen Leffler, argued during closing arguments that their clients did not violate the policies of the Memphis Police Department.
Leffler admitted that Haley said “beat that man” and delivered a kick to Nichols, but he said “beat that man” was just a verbal command and not a physical encounter.
Smith’s lawyer, Martin Zummach, said during his closing remarks that Smith did not see Martin and Haley kick Nichols because he was blinded by pepper spray and was scared. Zummach argued that Smith did not cover up “excessive force” and said that Smith reported the kicks to his supervisor.
“He is not perfect but imperfection is not a crime,” Zummach said.
All of the five officers charged in this case were fired from MPD for violating policies.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged, pleaded guilty to some of the federal charges.
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 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 testified during the federal trial of the three officers and got emotional when he took the stand.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, who cried during his testimony, according to ABC affiliate in Memphis, WATN-TV. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
Martin also testified in the officer’s federal trial and took the stand on Sept. 17.
“They were assaulting [Tyre Nichols],” Martin said of his former partners, according to WATN. “I was already angry that he ran. I kicked him … They [his former partners] were holding him up. He was helpless.”
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, 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. After the police encounter, Nichols was transferred to the hospital in critical condition.
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
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 prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
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.
(WASHINGTON) — A federal appeals court has granted Special Counsel Jack Smith’s request to pause his appeal of President-elect Donald Trump’s classified documents case until Dec. 2.
Smith asked for a delay earlier this week to assess the “unprecedented circumstance” of Trump’s election and impending presidential inauguration.
The move is part of Smith’s winding down of his two cases against Trump — the classified documents case and the federal election interference case — due to longstanding Department of Justice policy that prohibits a sitting president from facing criminal prosecution while in office.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the filing said.
Smith asked to hold the appeal in abeyance and push the next filing deadline until Dec. 2 “to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.
Judge Aileen Cannon, a Trump appointee, dismissed the case against Trump and his co-defendants this summer, ruling that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors then appealed that decision to the Atlanta-based United States Court of Appeals for the Eleventh Circuit.
The judge in Trump’s federal election interference case paused all upcoming deadlines last week, following a request from Smith. Trump pleaded not guilty and denied all wrongdoing in that case.
(NEW YORK) — Former President Donald Trump has not played golf since the apparent assassination attempt near one of his courses last month, and is not expected to hit the golf course again until a new security plan is in place — which sources tell ABC News is not expected to be in effect until after the election.
The Secret Service had previously expressed its concern to Trump over his golfing and told him during a briefing last month that additional planning and security procedures are needed for him to be able to continue his golf outings.
Trump, who owns several golf courses, typically plays on a regular basis.
Asked about the development, a Secret Service spokesperson referred questions to the Trump campaign.
“Since the attempted assassination of former President Trump on July 13, the U.S. Secret Service has made comprehensive changes and enhancements to our communications capabilities, resourcing, and protective operations,” said Secret Service Chief of Communications Anthony Guglielmi. “Today, the former President is receiving heightened protection and we take the responsibility to ensure his safety and security very seriously.”
Ryan Routh, 58, pleaded not guilty on Sept. 30 to federal charges in connection with an alleged attempt to assassinate Trump at the former president’s golf club in Florida. On the day of the alleged attempted assassination, Trump was playing golf on the course when a Secret Service agent spotted a gun barrel poking out from the tree line near the sixth green, according to investigators.
Routh fled after the agent fired in his direction, and was subsequently apprehended. Trump was not harmed in the incident.
