(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 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.
(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.
(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.
(NEW YORK CITY) — As people across a large section of the U.S. mainland were breaking out T-shirts and shorts Wednesday amid record-breaking high temperatures, several inches of snow blanketed the mountaintops of Hawaii and residents across the Great Plains were bracing for possible tornadoes.
The U.S. forecast for Wednesday offered a smorgasbord from balmy to severe weather heading into the Halloween weekend.
As firefighters in Colorado battled wildfires and meteorologists issued red-flag fire danger warnings, high elevations of Hawaii’s Big Island resembled the Rocky Mountains in winter.
Several inches of snow blanketed the summits of Mauna Loa and Mauna Kea, the tallest peaks in Hawaii and part of the state’s Volcanoes National Park.
“Due to winter weather conditions, the summit is currently closed for both day and overnight use, and permits for Mauna Loa Summit Cabin are temporarily on hold,” the Volcanoes National Park said in a statement on its Facebook page.
Meanwhile, in the actual Rockies, a major storm system moving in is expected to bring up to a foot of fresh October snow. But elsewhere in Colorado, firefighters were dealing with what investigators suspect is a “human-caused” wildfire that spread to 166 acres near the town of Divide and was 60% contained on Wednesday.
The wintry weather expected for the Rockies was countered by record-breaking temperatures across a large part of the nation from Detroit, where it’s forecast to get up to 80 degrees on Wednesday. In Laredo, Texas, the temperature is expected to hit 94, which would set a new daily record.
On Tuesday, daily temperature records were broken in Austin, Texas, where it hit 90 degrees; Chicago, where the temperature soared to 82, tying a record; and Cleveland, Ohio, which reached 78 and also tied a record.
Detroit on Tuesday reached a record-breaking 79 degrees. Green Bay, Wisconsin, reached 82 degrees Tuesday, surpassing a record for the day set in 1937.
Parts of the Northeast could see the warmest Halloween on record, officials said.
In the Heartland, which has also been experiencing high temperatures this week, severe weather moving in could spawn a few strong tornadoes Wednesday afternoon and into the evening from Texas to Iowa.
The National Weather Service is also warning of an enhanced risk of severe thunderstorms Wednesday for portions of eastern Kansas, northeast Oklahoma and northwest Missouri.
“Severe thunderstorms capable of producing large hail, damaging wind gusts, and a few tornadoes, are expected today into tonight across the middle Missouri Valley and central/southern Plains, including parts of eastern Kansas and Oklahoma into Missouri,” the NWS said in a detailed outlook it issued Wednesday.
(WASHINGTON) — Robert F. Kennedy Jr. said earlier this week that former President Donald Trump has “promised” him “control of the public health agencies” should Trump win back the White House in November.
Kennedy, who suspended his independent presidential campaign in August and endorsed Trump, made the remarks on a Zoom call with supporters on Monday night. The agencies Kennedy would reportedly oversee in that case include the federal Department of Health and Human Services and the Department of Agriculture.
“The key, which President Trump has promised me, is control of the public health agencies, which is HHS and its sub-agencies, CDC, FDA, NIH and a few others. And also the USDA, which is, you know, key to making America healthy, because we’ve got to get off of seed oils and we’ve got to get off of pesticides … and we need to make that transition to regenerative agriculture,” Kennedy said.
Kennedy has been anti-vaccine activist and founded the Children’s Health Defense, a prominent anti-vaccine nonprofit that has campaigned against immunizations and other public health measures like water fluoridation. Medical experts expressed concerns about a rise in medical misinformation through Kennedy’s candidacy.
Kennedy’s remarks drew condemnation from Trump’s former Surgeon General Jerome Adams.
“If RFK has a significant influence on the next administration, that could further erode people’s willingness to get up to date with recommended vaccines, and I am worried about the impact that could have on our nation’s health, on our nation’s economy, on our global security,” Adams said at a public health conference, according to The New York Times reporter Sheryl Gay Stolberg.
Trump has said he is committed to brining Kennedy into his administration. Last week, Trump touted Kennedy’s role in helping him “straighten out our health,” but joked that he’s worried about his strong stance on the environment, saying he wants to keep drilling.
“I don’t know if I’m going to have him working too much on the environment. I’m a little concerned about that with Bobby. I don’t know if I want him playing around with our with our liquid gold under our feet,” Trump said at a campaign event in Las Vegas, Nevada, last Friday. “You know, like I said, Bobby will work on health. He’s great.”
Trump first floated the idea of Kennedy leading his administration’s health efforts during the Al Smith Dinner earlier this month. He said Kennedy will “make us a healthier place.”
“We’re gonna let him go wild for a little while, then I’m gonna have to maybe reign him back, because he’s got some pretty wild ideas, but most of them are really good,” Trump said at the dinner. “I think he’s a he’s a good man, and he believes, he believes the environment, the healthy people. He wants healthy people, he wants healthy food. And he’s going to do it. He’s going to have a big chance to do it, because we do need that.”
The Trump campaign said that while no formal decisions have been made about his Cabinet should he win the election, the former president will “work alongside” people like Kennedy in health-related roles.
“No formal decisions about Cabinet and personnel have been made, however, President Trump has said he will work alongside passionate voices like RFK Jr. to Make America Healthy Again by providing families with safe food and ending the chronic disease epidemic plaguing our children,” Trump Campaign National Press Secretary Karoline Leavitt said in a statement to ABC News. “President Trump will also establish a special Presidential Commission of independent minds and will charge them with investigating what is causing the decades-long increase in chronic illnesses.”
ABC News’ Kelsey Walsh, Soorin Kim and Lalee Ibssa contributed to this report.
(NEPTUNE BEACH, Fla.) — An 18-year-old was arrested outside a Florida polling location Tuesday after police said he wielded a machete in order to intimidate voters.
Caleb James Williams faces charges of aggravated assaulted on a person 65 years of age or older and improper exhibition of a firearm or dangerous weapon.
In a press conference after the arrest, Neptune Beach Police Chief Michael J. Key said Williams “brandished a machete in an aggressive, threatening posture over his head” at two women, ages 71 and 54.
Williams was accompanied by seven other male teens, ages 16 and 17, who police said went to the Beaches Branch Library “to protest and antagonize the opposing political side.”
“The group was there for no other reason but for ill intentions to cause a disturbance,” Key said. “This is not an incident of solely a First Amendment protected right, but rather one where they were simply there to cause a ruckus.”
None of the other teens currently face any charges, but Key said the investigation is ongoing and additional charges are possible.
Duval County Democratic Party Chair Daniel Henry said in a statement the young men had been wielding flags bearing former President Donald Trump’s name during the incident, and that the individuals they confronted were carrying signs in support of Vice President Kamala Harris and Minnesota Gov. Tim Walz.
Henry described it as a “troubling act of intimidation” and thanked police for the swift response.
“Violence and intimidation have no place in our democratic process,” Henry said. “The Duval County Democratic Party stands with those who seek to express their views peacefully and without fear of reprisal.”
Key said he is “extremely proud” of police for their handling of the incident.
“Voting in our country is one of the most sacred and protected rights we have,” he said. “Ensuring everyone’s right to vote is crucial and it will not be impeded upon in Neptune Beach or Duval County.”
He also expressed his anger at the incident, and emphasized how seriously police will take such incidents.
“I don’t know if you can see the visceral anger I have, but I’m angry at this — I’m extremely angry at this.” Key said. “It is one thing to go up and exercise your First Amendment right, which we so dearly take as a sacred right to express. But again, the moment you move to violence, that goes out the window.”
“To say I’m disturbed is an understatement. I’m mad that this happened in Neptune Beach,” he added.
Police are in contact with Jerry Holland, the Duval County supervisor of elections, and Key said they are committed to protecting voters’ safety at the polls.
“This is a safe location to vote, it was a safe location to vote today before this incident, and it will continue to remain a safe location to vote,” he said.
(WASHINGTON) — Former President Donald Trump has a massive personal stake in the upcoming election, which could either send him back to the White House — or to a courtroom for what could be years of legal proceedings under the looming threat of incarceration.
No other presidential candidate in history has faced the possibility of such drastically different outcomes, in which Trump’s legacy, personal fortune, and individual liberty could be decided by a few thousand swing state voters.
If he returns to the White House, Trump has vowed to fire Jack Smith, the special counsel who has brought two federal cases against him, “within two seconds”; he has said he would punish the prosecutors and judges overseeing his cases; and he will likely avoid serious consequences for any of the criminal charges he continues to face.
“If he wins, say goodbye to all the criminal cases,” said Karen Friedman Agnifilo, who previously served as the chief of the Manhattan district attorney’s trial division.
“The criminal cases are over, whether it’s legally or practically,” added Friedman Agnifilo, who said a Trump victory would be a “get out of jail free card” for the former president.
If he loses the election, Trump faces years of court proceedings, hundreds of millions in civil penalties, and the possibility of jail time, beginning with the sentencing for his New York criminal case on Nov. 26.
Here is what could happen in each of Trump’s criminal cases.
New York hush money case
Trump’s most pressing legal issue following the election is his Nov. 26 sentencing on 34 felony counts for falsifying business records to cover up a 2016 hush money payment to adult film actress Stormy Daniels.
Defense lawyers were able to successfully delay the sentencing twice — first by asking to have the case dismissed based on presidential immunity and the second time by highlighting the political stakes of a pre-election sentencing. Describing Trump’s case as one that “stands alone, in a unique place in this Nation’s history,” New York Judge Juan Merchan opted to delay the sentencing until November to ensure the jury’s verdict would “be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election.”
While first-time offenders convicted of falsifying business records normally avoid incarceration, legal experts told ABC News that the unique factors of Trump’s case — including him being held in criminal contempt ten times and the finding that he falsified business records to influence an election — could push Judge Merchan to impose some prison time. When ABC News surveyed 14 legal experts about Trump’s sentence in June, five believed an incarceratory sentence was likely, two described the decision as a toss-up, and seven believed a prison sentence was unlikely.
The sentencing could still proceed in November if Trump wins the election, though the new circumstances could influence Judge Merchan’s decision, according to Boston College law professor Jeffrey Cohen. Merchan could opt to impose a lighter sentence — such as a day of probation — or opt to delay the sentence until Trump leaves office.
“A sitting president wouldn’t be forced to be incarcerated while they’re serving their presidency, and so he could theoretically serve it once he’s out of office,” said Cohen, who noted that a delayed sentence could incentivize Trump to remain in office as long as possible.
“If he wins, I think realistically speaking, not there will be no meaningful sentence because of it,” said Friedman Agnifilo.
Trump’s lawyers could also attempt to delay the sentencing in light of the outcome of the election, and the former president still has multiple outstanding legal efforts to delay the case. On Nov. 12, Judge Merchan plans to issue a ruling on Trump’s motion to throw out the case because of the Supreme Court’s recent ruling granting him immunity from criminal prosecution for official acts undertaken as president — and if Merchan denies that motion, Trump could attempt to immediately appeal it to try to delay the sentencing further.
Trump has also asked the U.S. Court of Appeals for the Second Circuit to move the state case into federal court, which his lawyers could use to prompt a delay of the sentencing. Unlike his federal cases — for which Trump could theoretically pardon himself — the state case will likely remain outside the reach of a presidential pardon, even if Trump successfully removes the case to federal court, according to Cohen.
Federal election interference case
In the shadow of the presidential race, U.S. District Judge Tanya Chutkan has been considering how Trump’s federal election subversion case should proceed in light of the Supreme Court’s immunity ruling, which delayed the case for nearly a year. Fifteen months after Trump pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election, Judge Chutkan has set a schedule for the case that stretches beyond the election, with deadlines for key filings set for as late Dec. 19.
Trump has vowed to fire Smith if he’s reelected, but that might not be necessary since long-standing DOJ policy bars the prosecution of a sitting president — meaning the federal cases against Trump may be stopped immediately should Trump take office.
While Smith could attempt to continue his prosecution in the two months between the election and the inauguration, there’s little he could do to revive the case, according to Pace University law professor Bennett Gershman.
“They can continue to do what they’re doing, but it’s not going to really matter if, at the end of the day, Trump is able to appoint an attorney general who will then make a motion to dismiss the charges,” Gershman said.
While his federal case will inevitably go away if Trump wins, the exact way it happens is uncertain. Smith could attempt to issue a final report about his findings, Trump could face a standoff with Congress or the acting attorney general about firing Smith, or Judge Chutkan could push back against the Justice Department’s eventual move to dismiss the charges.
If Trump loses the election, Judge Chutkan is expected to continue to assess whether any of the allegations in the case are protected by presidential immunity. Her final decision will likely be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.
Federal classified documents case
After U.S. District Judge Aileen Cannon dismissed Trump’s criminal case for retaining classified documents and obstructing the government’s efforts to retrieve them, Smith asked an appeals court to reinstate the case, arguing that Cannon’s decision about the appointment and funding of special counsels could “jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”
If Trump wins the election, prosecutors will likely have no choice but to withdraw their appeal, according to Friedman Agnifilo, cementing Judge Cannon’s dismissal of the case.
If Trump loses the election, the case faces a long road before reaching a trial. Prosecutors need to successfully convince the Atlanta-based 11th U.S. Circuit Court of Appeals to reverse Cannon’s dismissal, and Trump’s team has already raised a defense based on presidential immunity, which could become the basis for a future appeal.
Faced with a series of adverse rulings, Smith would also face a key decision about whether to ask for Judge Cannon to be recused from the case, according to Cohen.
“I’m not sure what their reasons are now, except ‘We don’t really like what she’s decided,'” said Cohen, who was skeptical about the government’s grounds for recusal based on the trial record alone.
In a separate case overseen by Judge Cannon, defense lawyers for Ryan Routh — the man accused of trying to assassinate Trump at his Florida golf course in September — moved to have Cannon recused, in part citing ABC News’ reporting that a personnel roster circulating through Trump’s transition operation included Cannon’s name among potential candidates for attorney general should Trump be reelected. Cannon on Tuesday rejected that motion, describing the argument about a potential appointment as “‘rumors’ and ‘innuendos.'”
“We had a brave, brilliant judge in Florida. She’s a brilliant judge, by the way. I don’t know her. I never spoke to her. Never spoke to her. But we had a brave and very brilliant judge,” Trump said about Cannon last week.
Fulton County election interference case
Trump’s criminal case in Fulton County, Georgia, related to his effort to overturn the results of the 2020 election in that state, has been stalled since June while an appeals court considers the former president’s challenge to Judge Scott McAfee’s decision not to disqualify District Attorney Fani Willis for what McAfee called a “significant appearance of impropriety” stemming from a romantic relationship between Willis and a prosecutor on her staff. A Georgia appeals court scheduled oral arguments about whether Willis can continue her case on Dec. 6.
When asked about the future of the case if Trump wins the election, Trump defense attorney Steve Sadow told Judge McAfee last December that a trial would likely have to wait until after Trump completes his term in office.
Since August 2023, when Trump was charged in Fulton County with 13 criminal counts, Judge McAfee has chipped away at the indictment by tossing five of the counts with which Trump was originally charged.
If he loses the election, Trump could attempt to stall the case by continuing to push to have Willis disqualified or by mounting a presidential immunity defense.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” Trump’s lawyers wrote in a January motion.
Allen is accused of killing Libby German, 14, and Abby Williams 13, on a hiking trail in rural Delphi on Feb. 13, 2017. He’s pleaded not guilty to murder.
John Galipeau, the former warden of the Westville Correctional Facility, where Allen was held for 13 months after his October 2022 arrest, took the stand on Tuesday.
Galipeau told jurors Allen wrote a note requesting an interview with him on March 5, 2023. He said Allen’s note said, “I am ready to officially for confess killing Abby and Libby. I hope I get the opportunity to tell the families I’m sorry.”
Galipeau said Allen admitted to throwing out a box cutter in the dumpster behind the CVS where he worked in Delphi.
An expert has testified a box cutter may have been used to slash the girls’ throats.
Asked about Allen’s mental state at Westville, Galipeau said Allen was quiet for the first month and then began acting “erratic” after he got mail from his attorneys.
Galipeau said Allen washed his face in the toilet, went to the bathroom in his cell, tore up mail and ate paper.
Allen’s attorneys have argued he was treated poorly at Westville and was called a “baby killer,” which led to a decline in his mental health.
Galipeau testified that Allen was allowed to shower three times a week, was provided three sets of clothing, had access to tablets and was allowed recreation time five days a week in an indoor room. Allen was on suicide watch and received a medical check daily, Galipeau said.
Another corrections officer, Brandon Fisher, testified that Allen confessed on April 29, 2023. According to Fisher, Allen said his plan was to rape Abby and Libby, but he panicked and ended up killing them.
Allen allegedly told Fisher he killed the girls with a box cutter and threw it into a dumpster behind CVS.
Westville corrections officer Michael Clemons also took the stand, telling jurors he was assigned to record everything Allen said and did while on suicide watch.
According to Clemons, Allen said, “I’m so glad no one gave up on me after I killed Abby and Libby,” and, “I, Richard Matthew Allen, killed Abby and Libby by myself. No one helped me.”
Clemons said Allen would shout to other inmates, “I’m not crazy, I’m only acting like I’m crazy.”
During cross-examination, Clemons testified that he never felt Allen’s behavior was genuine.
Defense attorney Brad Rozzi asked Clemons, “Can prison get to a man?” and the corrections officer admitted, “Yes it can.”
Corrections officer Michael Roberts testified that Allen was coherent and talkative, but a little scared when he arrived at Westville. After a few months, Roberts said Allen’s behavior changed and he started confessing.
Roberts had a detailed log of the four confessions he said he heard.
On April 7, 2023, Roberts wrote that Allen said, “Dear Lord, forgive me for molesting Abby, Libby, Kevin, and Chris. I want to confess. I know a lot more.” The identities of Kevin and Chris were not explained in the testimony.
On April 23, 2023, Roberts wrote that Allen said, “I killed Abby & Libby. My wife wasn’t involved. I want to confess.”
On April 26, 2023, he wrote that Allen said, “Can I talk? Can you listen I killed Abby & Libby? How do I prove I’m insane?”
On June 18, 2023, Roberts noted that Allen said, “Why are you doing this? Do you know God? Do you know why I’m here? I killed Abby and Libby.”
During cross-examination, Roberts admitted that Allen had smeared feces all over his cell and put feces on his face for two hours.
Roberts also said Allen refused food for long periods of time, and recalled one incident where Allen hit his head on the wall for so long that his face turned black and blue.
After 13 months at Westville, Allen was transferred to Wabash Valley Correctional Facility. Jason Bedwell, a corrections officer there, testified that on Feb. 4, 2024, Allen cried and talked to himself, saying, “I am sorry for what I did. Sorry for killing them.”
(NEW YORK) — The suspect in the murder of a woman at a high-end Hamptons resort has died from apparent suicide, law enforcement sources told ABC News.
A staff member at the Shou Sugi Ban House found Sabina Rosas, 33, of Brooklyn, New York, dead in a guest room on Monday afternoon, Suffolk County police said.
The luxurious, exclusive spa retreat is popular with celebrities and is in Water Mill, located between Southampton and Bridgehampton.
A law enforcement source told ABC News that Rosas checked in with a man who left alone on Monday morning.
The suspected killer appears to have been a boyfriend of the victim, the sources said.
The victim’s cause of death has not been released.
David DePape in Berkeley, Calif., Dec. 13, 2013. Michael Short/San Francisco Chronicle via Getty Images
(SAN FRANCISCO) — David DePape was sentenced Tuesday to life in prison without the possibility of parole in the state trial over the hammer attack against Paul Pelosi.
A jury found DePape guilty in June of false imprisonment of an elder by violence or menace, residential burglary, threatening a family member of a public official, dissuading a witness by force or threat and aggravated kidnapping.
Before the sentencing, DePape’s attorneys asked for a new trial. That motion was denied.
DePape was also sentenced to 30 years in prison in May in the federal case, in which he was convicted of seeking to hold former House Speaker Nancy Pelosi hostage and attacking her husband with a hammer.
DePape had broken into the Pelosi home in San Francisco looking for Nancy Pelosi, who was not home at the time.
Following the guilty verdict in the state case, San Francisco District Attorney Brooke Jenkins said the conviction ensures that DePape “will face consequences for his heinous crimes against the Pelosi family and our democracy.”
DePape’s public defender, Adam Lipson, said at the time they were disappointed by the verdict.
“I don’t believe that this was a kidnapping for ransom, I think that it’s really unfortunate that he was charged this way,” Lipson told reporters, adding that his client had lived a “very isolated” life and had gotten “wrapped up in a lot of conspiracy theory-type situations.”
DePape did not testify during the three-week state trial. He had pleaded not guilty to the charges.
Paul Pelosi testified that on the night of the attack, DePape woke him by asking, “Are you Paul Pelosi?” and had a hammer and zip ties, according to San Francisco ABC station KGO.
“He seemed very intent on what he was going to do,” Paul Pelosi said, according to KGO.
DePape apologized for the attack during his sentencing hearing in the federal case.
“I’m sorry for what I did, especially what I did to Paul Pelosi,” he said during the resentencing hearing, according to KGO. “I should have just left the house when I realized Nancy Pelosi wasn’t home.”
A federal jury found DePape guilty in November 2023 of attempted kidnapping of a federal officer or employee, and assault of an immediate family member of a federal official.
After a judge sentenced DePape to 30 years in federal prison in May, the sentencing was reopened when prosecutors noted that the defendant was never formally given the opportunity to address the court during his sentencing. He was again sentenced to 30 years in prison at a subsequent hearing.
DePape admitted during the federal trial that he was looking for Nancy Pelosi to question her about Russian influence on the 2016 election and planned to hold her hostage, but only Paul Pelosi was at their San Francisco home when he broke in on Oct. 28, 2022.
Paul Pelosi said on the stand during the federal trial that DePape repeatedly asked him, “Where is Nancy?”
DePape hit Paul Pelosi, then 82 years old, with a hammer, causing major injuries, including a skull fracture, but told the court that Paul Pelosi was “never my target.”
“I’m sorry that he got hurt,” DePape said during the federal trial. “I reacted because my plan was basically ruined.”
The incident was captured on police body camera video by officers who responded to the scene.
Paul Pelosi was hospitalized for six days following the attack and underwent surgery to repair the skull fracture and serious injuries to his right arm and hands.
