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(AUSTIN, Texas) — A 28-year-old Texas woman died in 2021 after her abortion care was delayed for over 40 hours as she was having a miscarriage, according to a new story from ProPublica.

Josseli Barnica was told that it would be a “crime” to intervene in her miscarriage because the fetus still had cardiac activity, despite her 17-week pregnancy already resulting in a miscarriage that was “in progress,” according to medical records obtained by ProPublica.

The medical team told Barnica that she had to wait until there was no heartbeat due to Texas’ new abortion ban, Barnica’s husband told ProPublica.

Despite Texas enacting several abortion bans after the U.S. Supreme Court overturned Roe v. Wade in 2022, it was the first state to restrict the procedure by enacting a law that permitted citizens to sue physicians who provide abortion care after six weeks of pregnancy — before most women know they are pregnant — for $10,000.

Anyone who “aided and abetted” an abortion, by actions such as driving a woman to obtain abortion care, could also be sued.

Forty hours after Barnica had arrived at a Texas hospital, physicians could not detect fetal cardiac activity and she was given medication to speed up her labor, according to the report. She was discharged about eight hours later, according to ProPublica.

She continued bleeding but when she called the hospital she was told that was expected, the story said. When the bleeding grew heavier two days later, she rushed back to the hospital, according to ProPublica.

Three days after she passed the pregnancy, Barnica died of an infection, according to ProPublica.

More than a dozen medical experts who reviewed the medical records told ProPublica that her death was preventable.

“These experts said that there was a good chance she might have survived if she’d been treated earlier,” Kavitha Surana, the reporter who wrote the story for ProPublica, told ABC News Live. “No one can say for sure where the sepsis developed. But 40 hours with your cervix wide open in a hospital, that is not the standard of care to require someone to take that risk.”

After Roe was overturned, a stricter ban went into effect, penalizing doctors found guilty of providing abortions with up to 99 years in prison and fines up to $100,000.

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(NEW YORK) — Opening statements will begin Friday in the trial of subway rider Daniel Penny charged in the May 2023 choking death of Jordan Neely, a homeless man, in a New York City subway car.

The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.

Penny, a former Marine, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.

Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.

Penny put Neely, 30, in a fatal chokehold “that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors with the Manhattan District Attorney’s Office have said.

Penny’s attorneys said they were “saddened at the loss of human life” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the F train in Manhattan.

Witness accounts differ on Neely’s behavior on the train, prosecutors say.

They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.

Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.

Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, police sources also told ABC News following the incident.

Some passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that,” according to court filings by the prosecution.

Other passengers described their fear in court filings. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”

Neely, who was homeless at the time of his death, had a documented mental health history and a history of arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.

Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station: “Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing against Penny’s dismissal request.

According to prosecutors, footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.

Prosecutors said that about 3 minutes and 10 seconds into the video, Neely ceases all purposeful movement.

“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” the prosecutor said.

The defense argued Penny had no intent to kill, but Steinglass noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.

“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said after Penny’s request to dismiss the charge was denied.

In a past statement to ABC News, an attorney representing Neely’s family said, “This case is simple. Someone got on a train and was screaming so someone else choked them to death. Those two things do not and will never balance. There is no justification.”

“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” attorney Donte Mills said.

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(LOS ANGELES) — Los Angeles County District Attorney George Gascón is supporting the Menendez brothers’ new effort to petition California Gov. Gavin Newsom for clemency, which would reduce their sentence or grant a pardon, ABC News has learned.

Gascón plans to submit a letter to that effect by the end of the day Wednesday.

Lyle and Erik Menendez have spent nearly 35 years in prison for the 1989 murder of their parents, Jose and Kitty Menendez.

Lyle and Erik Menendez were sentenced in 1996 to two consecutive terms of life without parole.

While prosecutors alleged they killed their parents for money, the defense argued the brothers acted in self-defense following years of sexual abuse by their father.

Besides the new clemency route, the brothers have two other possible tracks to freedom.

One path is through resentencing.

Gascón announced last week that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.

Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.

“We appreciate what they did while they were in prison,” Gascón said at a news conference of the brothers. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”

Gascón’s recommendation will go before a Los Angeles Superior Court judge, and if the judge agrees, the decision will next be in the hands of a parole board.

The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial.

One piece of evidence is allegations from a former member of the boy band Menudo, who is alleging he was sexually abused by music executive Jose Menendez.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.

Through this petition, the court could reverse the convictions or reopen proceedings.

Officials in the DA’s office told ABC News they are “keeping an open mind” to reducing the conviction to a lesser charge based on the new evidence.

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(WASHINGTON, D.C.) — Authorities warned of the potential for more attacks on ballot boxes after a series of arson incidents in Oregon and Washington state.

Ballot boxes in Portland, Oregon, and Vancouver, Washington, were set on fire with incendiary devices early Monday, police said. Authorities believe the two incidents, as well as a similar incident that occurred earlier this month in Vancouver, are connected.

“Investigators believe it is very possible the suspect intends to continue these targeted attacks across the area,” Portland Police Bureau spokesperson Mike Benner said at a press briefing on Wednesday.

Benner described the suspect sought in the three incidents as a white male between the ages of 30 and 40 with “balding or very short hair,” a thin face and medium to thin build.

“We believe this suspect has a wealth of experience in metal fabrication and welding,” Benner said.

Police are seeking one suspect in the case, Benner said.

Portland Police Chief Bob Day said that without a suspect in custody they “have to assume that there are other events that are likely to occur,” but that he is encouraged by the progress in the investigation so far.

Police had previously released photos of a suspect vehicle being sought in connection with the incidents. The vehicle is believed to be a Volvo S-60 from 2001 to 2004 with a tan or light-gray interior. The vehicle has dark wheels, unpainted body trim and no front license plate, police said.

The FBI is investigating the incidents, an agency spokesperson said.

Benner said police intend to add extra patrols around ballot boxes in the wake of the attacks. Officers will also have “high visibility” in terms of their presence next week, Day said.

The most recent incidents occurred early Monday, when two ballot boxes were set on fire with incendiary devices that had been attached to them, police said.

Three ballots were damaged in the Portland incident, while fire suppressant prevented further damage, election officials said. Multnomah County Elections Director Tim Scott told ABC News that 409 ballots inside the ballot box “were undamaged” and preserved thanks to the fire suppressant.

Clark County Auditor Greg Kimsey told ABC News on Wednesday that the county has identified 475 damaged ballots in the Vancouver incident. The ballot box had a fire suppression device, which did appear to work very well, he said.

It is unclear at this time how many ballots were completely destroyed, he said.

Election officials in both states said they would ensure impacted voters have replacement ballots in time.

Monday’s incident is similar to an incident that occurred on Oct. 8 in Vancouver, in which a ballot box was set on fire, police said.

The incendiary device used in that incident had “Free Gaza” and “Free Palestine” on it, two sources familiar with the ongoing investigation told ABC News.

The two subsequent devices, set off in the early hours of Monday morning in Vancouver, Washington and nearby Portland, Oregon, carried the slogan “Free Gaza,” according to the sources.

One of the sources told ABC News it was unclear whether these markings reflect the views of a pro-Palestine activist — or if it was an individual trying to manipulate existing divisions in the U.S.

ABC News’ Pierre Thomas, Lucien Bruggeman and Chris Boccia contributed to this report.

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(WASHINGTON, D.C.) — Elon Musk, the world’s richest person, has vaulted to the forefront of the presidential campaign as a top donor and impassioned speaker in support of former President Donald Trump.

Still, Musk has said in recent days that the candidate’s economic plans could cause financial pain, at least in the short term.

Among those proposals is the potential formation of a new “government efficiency commission” to be led by Musk. The group would scrutinize federal spending and slash programs deemed wasteful.

Speaking on a telephone town hall on Friday, Musk said spending cuts imposed by the commission would “necessarily involve some temporary hardship.” Ultimately, Musk added, the cost-cutting would “ensure long-term prosperity.”

“We have to reduce spending to live within our means,” Musk said.

Offering up another cautionary note, Musk voiced agreement with a post on X on Tuesday that warned of dire economic fallout if Trump wins the election and implements some of his key agenda items.

“If Trump succeeds in forcing through mass deportations, combined with Elon hacking away at the government, firing people and reducing the deficit – there will be an initial severe overreaction in the economy,” an anonymous user posted on X.

“Market will tumble. But when the storm passes and everyone realizes we are on sounder footing, there will be a rapid recovery to a healthier, sustainable economy,” the post added.

In reply, Musk said, “Sounds about right.”

ABC News contacted Musk-owned companies, Tesla and SpaceX, in an effort to reach Musk for comment. He did not immediately respond. America PAC did not immediately respond to a request for comment.

In response to ABC News’ request for comment, the Trump campaign praised Musk, saying he is uniquely equipped to help improve government efficiency.

“As President Trump has said, Elon Musk is a genius, an innovator, and has literally made history by building creative, modern, and efficient systems. Elon Musk has dedicated himself to America’s future by offering to serve with President Trump to ensure our government works more efficiently and uses America’s taxpayer dollars effectively,” Brian Hughes, a senior adviser to the Trump campaign, told ABC News.

“The commission will ultimately be staffed and dedicated to this mission, and President Trump is committed to having Mr. Musk lead this commission to analyze the functionality of our government,” Hughes added.

On the campaign trail, Trump has vowed to slap tariffs of up to 20% on all imported goods and deport millions of undocumented immigrants. Economists widely view those proposals as likely to drive up consumer prices, since companies typically pass along the costs of taxes and wage increases to customers.

Trump has also floated the notion of eliminating the personal income tax for all Americans. The U.S. would pay for the lost tax revenue with far-reaching tariffs, Trump told Joe Rogan last week.

The individual income tax currently accounts for roughly half of the $5 trillion in revenue that the federal government brings in each year. It would be all but impossible to make up for the lost revenue with increased tariffs, experts previously told ABC News.

Last year, the U.S. imported about $3.8 trillion worth of goods, the U.S. Bureau of Economic Analysis found. To generate the same amount of revenue currently brought in by the individual income tax, a tariff would have needed to be set at about 70%, said Alan Auerbach, a law professor at the University of California, Berkeley.

However, a tariff of such magnitude would significantly reduce U.S. trade, slashing the total amount of imported goods and, in turn, reducing tax revenue.

Musk, who leads Tesla and SpaceX, has taken an active role as both a large donor and vocal proponent backing Trump.

Musk donated about $75 million to a pro-Trump Super PAC over a three-month period ending in September, according to disclosures filed to the Federal Election Commission. Musk, who owns X, frequently posts messages in support of Trump on the social media platform, where he boasts more than 202 million followers.

The U.S. national debt currently stands at about $35 trillion. President Joe Biden has added to the national debt over the course of his term in office, just as Trump did.

Vice President Kamala Harris’ economic plans would increase primary deficits by $1.2 trillion over the next 10 years, according to a budget model created by the University of Pennsylvania’s Wharton School of Business. The plans put forward by Trump, meanwhile, would increase primary deficits by $5.8 trillion over that period, the model found.

Speaking on a telephone town hall on Friday, Musk vowed to closely examine the federal budget if appointed head of a potential “government efficiency commission.”

The role means “looking at every line item, every expense, and saying is this necessary at all?” Musk said.

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