Judge says Giuliani faces contempt if he doesn’t turn over property to poll workers
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(NEW YORK) — A federal judge in New York on Thursday raised the possibility of holding Rudy Giuliani in contempt if he fails to turn over property by next week to the two Georgia poll workers he defamed after the 2020 election.
A 90-minute hearing devolved into what the judge called “griping” after a lawyer for former election workers Ruby Freeman and Shaye Moss accused Giuliani of “game playing” and an attorney for Giuliani accused the two women of being “vindictive.”
A federal jury last year ordered Giuliani to pay Freeman and Moss nearly $150 million for defaming them with false accusations that the mother and daughter committed election fraud while the two were counting ballots in Georgia’s Fulton County on Election Day in 2020.
Earlier this week, Freeman and Moss’ attorney claimed that Giuliani had “secreted away” his property after the receivership controlled by the two election workers accessed Giuliani’s apartment, only to find it virtually empty.
The former New York City mayor was given a Nov. 14 deadline to turn over the shares in his Upper East Side co-op apartment, valuable sports memorabilia, a Mercedes-Benz convertible, and luxury watches — including one that belonged to Giuliani’s grandfather.
When defense lawyer Ken Caruso complained that forcing Giuliani to relinquish his grandfather’s watch was “vindictive,” an exasperated Judge Lewis Liman said, “Oh come on!”
“The law is the law and I don’t apply it differently to your client,” Liman said. “Don’t come to me and say something is vindictive.”
The judge was equally unmoved by the defense argument that Giuliani’s car, a blue Mercedes-Benz convertible once owned by the actress Lauren Bacall, was exempt from the judgment because it’s worth less than $4,000.
“Monday the title and keys will be delivered as well as the physical location of the car,” Judge Liman said.
Giuliani also balked at relinquishing about $2 million dollars he is owed for legal worked performed for Donald Trump.
“They wanted that money to make a political statement,” Caruso said.
Liman did not budge and reminded Giuliani of the consequences.
“He is under an unqualified order to deliver all the receivership property to the receiver,” Liman said. “If he doesn’t comply then I’m sure I’ll get a motion for contempt. If he hasn’t delivered, and there is a way in which he could have delivered, he’ll be subject to contempt sanctions.”
Outside court, Giuliani accused Freeman and Moss of bringing a “political vendetta” that was “financed by the Bidens.”
When ABC News asked whether he regretted defaming Freeman and Moss, Giuliani answered “No” before his lawyer stepped in to say the case was on appeal.
(HAUSER, Ore.) — A search is underway for a 5-year-old boy in Oregon who has been missing since Saturday.
Joshua McCoy went missing from his home in Hauser, according to the Coos County Sheriff’s Office. He and his mother had taken a nap Saturday afternoon, but when his mother woke up around 5:30 p.m. local time, Joshua was missing, according to the sheriff’s office.
Joshua has autism and may not respond when called, the sheriff’s office said.
The sheriff’s office has activated CORSAR — the California Oregon Regional Search and Rescue Task Force — to help search for the child.
Drones and K-9 resources have been involved in the search. The sheriff’s office said it has also requested assistance from state and federal agencies, with additional resources expected to arrive on Tuesday.
The sheriff’s office said they have found “some clues” so far during the search, though “nothing definitive.”
“Nothing is being ruled out at this time as we are considering all possible avenues,” the Coos County Sheriff’s Office said in an update on Monday. “We maintain hope that Joshua will be found alive and well.”
Joshua, who turns 6 on Saturday, was described by authorities as 3 feet, 6 inches tall and 50 to 60 pounds, with brown eyes and brown shoulder-length hair.
(NEW YORK) — The husband of the owner of a New York City day care where a 1-year-old child died of fentanyl poisoning was sentenced Wednesday to 45 years in prison.
Felix Herrera Garcia, 35, pleaded guilty in June to federal drug charges for trafficking fentanyl out of the day care center.
In September 2023, a 1-year-old boy attending the day care, Nicholas Dominici, died, and three other children, ranging in age from 8 months to 2 years, were hospitalized and treated with Narcan, police said.
In his sentencing, federal prosecutors said Herrera Garcia was seen fleeing the Bronx day care through a back alley, carrying two heavy shopping bags while children were suffering from the effects of fentanyl.
Herrera Garcia and others stashed more than 11 kilograms of fentanyl and heroin in secret compartments, or traps, located underneath the floor tiles in the playroom where the children played, ate and slept on a daily basis, prosecutors said.
“Felix Herrera Garcia operated a deadly fentanyl trafficking enterprise out of a day care, recklessly putting babies at risk of fentanyl exposure on a daily basis,” U.S. Attorney Damian Williams said in a statement Wednesday.
“This case demonstrates the deadly reach and scope of the fentanyl epidemic, and the tragic collateral damage it inflicts on American lives,” Williams added.
Herrera Garcia fled to Mexico after the death and was arrested after a weeklong manhunt. His wife, Grei Mendez, who worked at the day care has also been charged in relation to the drug trafficking scheme.
Mendez pulled her and Herrera Garcia’s 2-year-old son from attending the day care prior to the incident after she worried he was exhibiting signs of fentanyl exposure, law enforcement sources familiar with the case previously told ABC News.
Mendez never reported the suspected exposure to police and did not allow the boy to return to the facility, according to the sources. However, she kept the day care open for other children.
In September, a federal criminal complaint showed Mendez allegedly deleted more than 20,000 messages between her and her husband sent from March 2021 to the day the 1-year-old boy died from fentanyl exposure at her facility, on Sept. 15, 2023.
Before calling 911 about the unresponsive children, Mendez allegedly made three other phone calls: one to a day care employee and two to her husband, according to the federal court documents.
In addition to the 45-year prison term, Herrera Garcia was sentenced to five years of supervised release, prosecutors said.
(PHOENIX, Ariz) — A deaf Black man with cerebral palsy who was violently arrested by two Phoenix police officers in August said he tried to alert the officers that he was deaf before they repeatedly punched and tasered him for an alleged crime he had been falsely accused of by another suspect.
Records show that the incident occurred when officers were dispatched to investigate a report of a man causing problems and wouldn’t leave a Circle K convenience store, according to ABC affiliate in Phoenix KNXV-TV.
According to police records, the original description of the suspect was for a white man who had been creating a disturbance in the store, but that man later claimed he was assaulted by a Black man and pointed to Tyron McAlpin – a claim that was disputed by store employees and surveillance video, KNXV-TV reported.
“The officers took me down … And I told them, I was trying to get to my ears to tell them I can’t hear, I can’t hear, pointing to my ears,” McAlpin said through an interpreter as he used sign language, according to KNXV-TV. “I was trying to gesture, and that’s when the cops grabbed me. (I was) trying to show, hey I can’t hear, pointing to my ears, and they grabbed me.”
McAlpin gave his account in the hospital to a medical worker after his arrest, according to KNXV-TV. Two police officers are seen present in the body camera video during the medical examination.
The Phoenix man is seen in the footage telling medical workers he’s having trouble seeing out of his left eye and complaining of neck and chest pain, according to KNXV-TV.
“White male, 20s, grey shirt, blue shorts,” Ben Harris, one of the officers involved in detaining McAlpin, could be heard saying repeatedly to himself on the way to the call, according to the footage.
The newly released video appears to show that Harris knew the suspect was a white male.
In body-worn camera footage recorded after the arrest, employees at the store told law enforcement that the white male had gotten into a physical altercation the night before, according to KNXV-TV. The staff in the footage explains that McAlpin comes to the store regularly, holds the door for people and was trying to help the employees get the man out of the store.
Harris originally told another officer at the scene that he believed he broke a bone in his hand after striking the Phoenix man in the head, according to body camera footage obtained by ABC News in October.
Harris told a different story in court during an October hearing.
“At one point, when I was trying to regain control of his arm, following his initial swings, punch swings, it appears that these fingers were jammed in his forearm, and bent over all the way to my palm,” Harris testified, according to KNXV-TV.
The two Phoenix police officers who were involved in the arrest were placed on paid administrative leave in October amid an investigation into the incident, a spokesperson for the Phoenix Police Department confirmed to ABC News.
ABC News reached out to the Phoenix Law Enforcement Association, a union representing the officers, but a request for comment was not immediately returned.
The union’s president, Darrell Kriplean, previously defended the officers’ actions in a statement to ABC News, saying that people should know what to do if uniformed officers approach and that the officers, who did now know McAlpin was deaf at the time, had to force him to comply.
McAlpin was initially charged with felony assault and resisting arrest following the Aug. 19 encounter with Phoenix police, but the charges were dropped on Oct. 17.
The decision to drop the charges against McAlpin was announced by Maricopa County Attorney Rachel Mitchell, who said in a statement that she personally reviewed the case after a member of the local chapter of the NAACP expressed concern over the incident and poured through “a large volume of video recordings, police reports, and other materials that have been forwarded to my office.”
“I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case,” Mitchell said. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
In the body camera video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him at least 10 times in the head and shocking him with a stun gun at least four times while yelling: “Get your hands behind your back.”
McAlpin’s attorney said that his client, who is deaf, didn’t know what was going on and could not hear the commands.
“It is our sincere hope that the County Attorney’s Office will respond to what is shown in the video and to the voices in the community who have raised alarms about what is shown in the video and will dismiss all charges against Tyron,” McAlpin’s attorney, Jesse Showalter, told ABC News in a statement on Oct. 14.
ABC News reached out to Showalter for additional comment after the newly released video became available.
Interim Phoenix Police Chief Michael Sullivan said in a statement on Oct. 16 that the Professional Standard Bureau (PSB) launched an internal investigation shortly after the incident took place.
“Their work is important to ensure all facts are known before drawing any conclusions. I ask for the public’s patience during that process,” Sullivan said.
“I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions,” he added.
According to Sullivan, the findings of the PSB will be reviewed by himself, as well as by the Office of Accountability and Transparency and the Civilian Review Board “to ensure it is thorough and complete.”
When ABC News asked the Phoenix Police Department if the white man who made the allegedly false allegations was charged, a spokesperson said in a statement that no additional arrests have been made at this point during the investigation.
ABC News’ Sabina Ghebremedhin contributed to this report.
