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(HUNTSVILLE, TEXAS) — Robert Roberson — whose murder conviction in the death of his 2-year-old daughter has come under scrutiny — did not testify Monday before the Texas House committee as previously planned.
Committee members decided against having Roberson address the hearing via video call. However, they did not state whether Roberson would or would not testify before the committee.
“Robert is a person with autism who has significant communication challenges, which was a core issue that impacted him at every stage of our judicial of our justice system,” said state Rep. Joe Moodie. “He’s also spent most of the last two decades alone, locked away from the modern technology we now take for granted. Video conference is poorly suited for Robert specifically to provide his testimony and would only further the harm he’s already suffered.”
Still, the committee continued its hearing on a law that Roberson himself attempted to use to challenge his conviction based on a clinical diagnosis that could be related to different causes.
“I was one of the 12 jurors on the case of Robert the trial, and I took that position very seriously,” a juror on the case told to the House committee on Monday:
“Everything that was presented to us was all about ‘shaken baby syndrome,’ That is what our decision was based on,” she continued. “Nothing else was ever mentioned or presented to us to consider. If it had been told to us, we would have now, I would have had a different opinion. And I would have found him not guilty.”
Among the witnesses speaking before the committee was Dr. Phil McGraw, the talk show host and forensic psychologist. He argued that if legislators execute Roberson, “the death penalty could come under real attack.”
“When we talk about due process and fair trial, that means that all the evidence, everything that is relevant and pertinent to that trial, gets before the trier of fact, whether it be a judge or a jury, and that there’s fair representation and I certainly don’t think that standard has been met here that that high standard by which we would deprive someone of their life has been met,” McGraw said.
Roberson was set to become the first person to be executed in the U.S. based on a death attributed to “shaken baby syndrome,” although several lawmakers, scientists and public figures have cast doubt over the cause of death.
He was set to be executed on Oct. 17. The U.S. Supreme Court had previously decided not to intervene in the case, the Texas Supreme Court issued a temporary stay in the case in what were supposed to be his final hours.
Roberson was found guilty of the 2002 murder of his 2-year-old daughter, Nikki, in part, based on the testimony from a pediatrician who described swelling and hemorrhages in her brain to support a “shaken baby syndrome” diagnosis.
However, evidence not shown to the jury at the time states that Nikki had chronic interstitial viral pneumonia and acute bacterial pneumonia at the time of her death and had been prescribed respiratory-suppressing drugs by doctors in the days leading up to her death, and had fallen from her bed the night before her death.
Additionally, Roberson’s autism affects how he expresses emotion — a concern that was also presented against him in his arrest, according to his legal team.
(NEW YORK) — Harvey Weinstein has been diagnosed with a form of bone marrow cancer, sources told ABC News.
Weinstein has been diagnosed with chronic myeloid leukemia, sources said, adding that the former Hollywood producer is receiving treatment while jailed.
Weinstein’s authorized legal healthcare representative in New York, Craig Rothfeld, declined to comment, saying, “Out of respect for Mr. Weinstein’s privacy, we will offer no further comment.”
According to the American Cancer Society, chronic myeloid leukemia is a type of cancer that starts in the blood-forming cells of the bone marrow and invades the blood. The organization says approximately 15% of leukemias in adults are CML.
Weinstein is currently in prison on Rikers Island in New York, where he has experienced a slew of health issues amid his ongoing sexual assault trials.
In September, Weinstein was rushed to Bellevue Hospital for emergency heart surgery after experiencing chest pains, his representatives told ABC News, at the time.
In July, Weinstein’s representatives said he was hospitalized for a “myriad of health conditions,” including COVID-19 and double pneumonia.
Weinstein was also suffering from diabetes, high blood pressure, spinal stenosis, fluid on his heart and lungs, and various other conditions, he representatives said at the time.
The former movie mogul is being prosecuted again for sex crimes after his New York conviction was overturned on appeal.
On Sept. 19, while he was recovering from his procedure, Weinstein pleaded not guilty to criminal sex act in the first degree, based on the allegations of a woman who said he sexually assaulted her on one occasion in 2006 at a Manhattan hotel.
The latest indictment came months after the New York Court of Appeals overturned his 2020 sex crimes conviction. He had been found guilty of criminal sexual assault and third-degree rape and sentenced to 23 years in prison.
Weinstein has denied all claims of sexual misconduct, saying his encounters were consensual.
(WASHINGTON) — The Navy identified on Monday two “trailblazing” women aviators who were killed when their jet crashed in northeast Washington during an Oct. 15 training mission.
A day after Navy officials declared them dead, they were identified as Lt. Cmdr. Lyndsay P. “Miley” Evans, a Naval flight officer, and Lt. Serena N. “Dug” Wileman, a Naval aviator. Both women were 31 years old and from California, according to the Navy.
Evans and Wileman were described by Navy officials as “two highly skilled, combat decorated aviators.”
“More than just names and ranks, they were role models, trailblazers, and women whose influence touched countless people on the flight deck and well beyond,” the Navy’s Carrier Strike Group Two and Carrier Air Wing 3 said in a statement.
The aviators were identified a day after Cmdr. Timothy Warburton of the Navy’s Electronic Attack Squadron 130 — which goes by the nickname “Zappers” — announced they had been declared dead.
“It is with a heavy heart that we share the loss of two beloved Zappers,” Warburton said in a statement. “Our priority right now is taking care of the families of our fallen aviators and ensuring the well-being of our Sailors and the Growler community. We are grateful for the ongoing teamwork to safely recover the deceased.”
Wreckage of the EA-18G Growler jet was located Wednesday on a mountainside east of Mount Rainier, military officials said.
Search-and-rescue crews faced mountainous terrain, cloudy weather and low visibility during the search for the crew, Navy officials said in a statement last week.
The jet, from Electronic Attack Squadron 130, crashed at about 3:23 p.m. on Oct. 15, about 30 miles west of Yakima, according to the Navy.
The jet crashed after launching a training flight from Naval Air Station Whidbey Island, officials said.
Evans and Wileman had recently returned from a nine-month deployment to the Red Sea in the Middle East, where they were part of the Carrier Air Wing 3 and stationed aboard the USS Dwight D. Eisenhower nuclear-powered aircraft carrier, according to the Navy. During their deployment, the aviators were involved in what the Navy described as “the most dynamic combat action.”
“During their deployment, both Evans and Wileman distinguished themselves in combat operations,” Capt. Marvin Scott, a Navy flight commander, said in a statement.
Scott added, “These role models cemented legacies by making history that will inspire future generations of Naval officers and aviators.”
Evans completed multiple combat strikes into Houthi-controlled territories in Yemen, making her one of the few women to fly combat missions over land, according to the Navy.
In 2023, Evans was part of an all-female Super Bowl flyover of State Farm Stadium in Glendale, Arizona, which the Navy said was “a historic moment marking 50 years of women flying in the Navy.”
In 2024, Evans was also named the Growler Tactics Instructor of the Year, according to the Navy.
In 2023 and 2024, Wileman also flew on multiple combat missions into the Houthi-controlled territories of Yemen.
“I have personally flown with both of these great Americans in both training and dynamic combat operations, and they always performed professionally and precisely. I could not be more proud to have served with each of them,” Capt. Marvin Scott, a Navy flight commander, said in a statement.
The cause of the crash that killed Evans and Wileman is under investigation, according to the Navy.
The Growler aircraft, which according to the Navy is worth about $67 million, is “the most advanced technology in airborne Electronic Attack and stands as the Navy’s first line of defense in hostile environments.”
The 130 squadron adopted the nickname “Zappers” when it was commissioned as the Carrier Early Warning Squadron 13 in 1959, the military said.
The squadron was most recently deployed to the Southern Red Sea, where it carried out seven pre-planned strikes against Houthi-controlled areas in Yemen, according to a statement.
The Zappers also carried out some 700 combat missions “to degrade the Houthi capability to threaten innocent shipping,” according to a press release announcing the squadron’s return to Washington in July.
(NEW YORK) — Gruesome crime scene photographs were revealed in court on Monday during the trial of Richard Allen, who is accused of killing two teenage girls in 2017 on a hiking trail in the small town of Delphi, Indiana.
Carroll County sheriff’s deputy Darren Giancola, who was the first law enforcement officer on the scene after the bodies of Libby German, 14, and Abby Williams, 13, were discovered, was emotional as he took the stand for the prosecution on the third day of testimony.
Giancola said one of the girls was nude and the other was clothed when their bodies were located on Feb. 14, 2017.
“Both had large lacerations on their throat,” Giancola said. “They both had a substantial amount of blood on their person and underneath.”
Giancola was asked if lifesaving measures were performed, and he responded, “No. It was apparent they were deceased.”
The second witness called Monday was Jason Page of the Indiana State Police crime scene investigation unit, who photographed the crime scene.
The jury was shown graphic photos, including a close-up of Libby’s slashed throat and bloody face.
The families of Libby and Abby cried in the gallery and there were audible gasps in the courtroom when the images were shown.
Investigators had been tight-lipped about how the girls were killed for the last seven years, until prosecutor Nick McLeland revealed in his opening statement in court that both girls’ throats were cut.
Allen is accused of killing the two eighth graders while they walked on a hiking trail in their rural town on Feb. 13, 2017. Their bodies were discovered the next day.
Allen, a Delphi resident, was arrested in October 2022 and has pleaded not guilty to murder.
(NEW YORK) — Nearly four years after he allegedly shot and killed an unarmed Black man who was dropping off Christmas money to a friend, the murder trial of former police officer Adam Coy was getting underway on Monday.
Coy, who is white, was fired from the Columbus Police Department about a week after the 2020 fatal shooting of 47-year-old Andre Hill.
About a month after the shooting, the 46-year-old Coy was arrested and indicted on charges of murder, reckless homicide, felonious assault and two counts of dereliction of duty. Coy has pleaded not guilty to the charges. He has not made any public comments on the case.
If convicted, Coy, who is free on $1 million bail, could face a sentence of life in prison without the possibility of parole.
The trial was scheduled to begin Monday in Franklin County Court of Common Pleas in Columbus with the start of jury selection.
Opening statements in the long-awaited trial, which was postponed indefinitely in April 2023 after Coy was diagnosed with cancer and underwent treatment, could get underway as early as Tuesday.
The shooting unfolded around 2 a.m. on Dec. 22, 2020, when Coy and another officer, Amy Detweiler, were called to a home in the Northwest Side neighborhood of Columbus to investigate a nonemergency noise complaint from a neighbor reporting a man sitting for a prolonged amount of time in an SUV outside the residence with the engine running, according to police officials and prosecutors.
Coy allegedly drew his gun and shined a flashlight into the open garage as Hill emerged from the garage holding a cellphone, according to police body camera footage released by the Columbus Police Department.
An autopsy determined that Hill was shot four times, suffering wounds to his chest and legs.
Neither Coy nor Detweiler turned their body-worn cameras on until after the shooting, but Coy’s camera had a “look-back” function that automatically activated and recorded 60 seconds of the episode without sound, including capturing the shooting.
The body camera footage also showed that as Hill lay dying on the floor of the garage, none of the officers who responded to the incident immediately provided first aid.
National civil rights attorney, Benjamin Crump, who is representing Hill’s family, alleged that the officers waited up to 15 minutes before before they started giving Hill first aid.
After officers on the scene turned their body cameras on, a woman came out of the house and told officers that Hill was a guest.
“He was bringing me Christmas money. He didn’t do anything,” she was heard telling the officers, who ordered her back inside.
Officer Detweiler, who is expected to testify in Coy’s trial, told investigators that before the shooting she and Coy were standing outside the house attempting to determine why Hill was at the location, according to records in the case released to the public on Dec. 29, 2020. Detweiler told investigators, according to the records, that she and Coy had their weapons drawn when Hill emerged from the garage, but that Hill did not appear to pose any threat before he was shot.
“Officer Detweiler stated Mr. Hill was walking towards her with a cell phone raised in his left hand,” according to the investigation records. “Officer Detweiler stated she did not observe any threats from Mr. Hill.”
Detweiler told investigators that Hill didn’t say a word as he approached her and Coy. She told investigators that Coy suddenly yelled out, “There’s a gun in his other hands, there’s a gun in his other hand” before opening fire, according to investigators.
Detweiler said she did not see a weapon in Hill’s hands and no firearms were found in Hill’s possession after the shooting, according to records.
Coy told investigators he thought he saw a firearm on Hill before shooting the man, officials said.
As protesters took to the streets of Columbus in the days following the shooting demanding Coy be fired and charged with murder, Columbus Public Safety Director Ned Pettus Jr. announced he had terminated Coy, a 19-year veteran of the police force, writing in his ruling that “known facts do not establish that this use of deadly force was objectively reasonable.”
Pettus found that Coy didn’t try to deescalate the situation before shooting Hill. After the shooting, Coy didn’t render aid or ensure that others did, according to Pettus.
The dereliction of duty charges Coy is facing at trial stems from him not turning on his body camera before the shooting and not warning Detweiler of the potential danger he believed Hill posed, prosecutors said.
After Coy was indicted, his attorney, Mark Collins, told ABC Columbus affiliate WSYX-TV that the charges against Coy, particularly the murder charge, did not make sense, saying it suggests his client knowingly intended to kill Hill.
“The knowing element, to cause serious physical harm with a deadly weapon, and someone died, that’s the concept, however, police officers are trained a certain way to take an action and to stop a threat,” Collins said at the time. “So that kind of doesn’t make sense.”
In May 2021, the City of Columbus agreed to a $10 million wrongful death settlement with Hill’s family, the highest amount ever paid by the city.
The indictment of Coy came just days after the Columbus City Council also passed Andre’s Law, which was named after Hill and requires Columbus police officers to turn on their body cameras when responding to calls and to immediately render first aid after a use-of-force incident.
(PHILADELPHIA) — Members of the “Central Park Five” filed a defamation suit against former President Donald Trump on Monday, accusing him of spreading “false, misleading and defamatory” statements about their 1989 case during the Sept. 10 ABC News presidential debate, according to a new court filing.
Attorneys representing the five men — Yusef Salaam, Raymond Santana, Kevin Richardson, Antron Brown and Korey Wise — filed their civil suit against Trump in federal court in the Eastern District of Pennsylvania, seeking monetary damages over his statements, which they say have caused them “severe emotional distress and reputational damage.”
The five men, then teenagers, were accused of the violent rape of a female jogger in Central Park in April 1989. The five, who always maintained their innocence, were convicted and served years in prison. A decade after the attack, a different man confessed to the crime, which was confirmed through DNA analysis.
During the debate, Trump was responding to a statement from Vice President Kamala Harris in which she revisited his full-page ad in The New York Times in the wake of the incident that called for the execution of the Central Park Five when he said the following: “[T]hey come up with things like what she just said going back many, many years when a lot of people including Mayor [Michael] Bloomberg agreed with me on the Central Park Five. They admitted — they said, they pled guilty. And I said, well, if they pled guilty they badly hurt a person, killed a person ultimately. And if they pled guilty — then they pled we’re not guilty.”
The lawsuit points out that Trump’s statements were false in multiple respects — noting none of the members of the Central Park Five ever entered guilty pleas in the case, none of the victims of the Central Park assaults were killed, and the mayor at the time of the assaults was Ed Koch — who did not agree with Trump’s position in the full-page ad.
“Defendant Trump’s conduct at the September 10 debate was extreme and outrageous, and it was intended to cause severe emotional distress to Plaintiffs,” the lawsuit stated.
Trump’s attorneys have not yet entered an appearance on the court docket as of Monday morning.
“This is just another frivolous, Election Interference lawsuit, filed by desperate left-wing activists,” a Trump campaign spokesperson said in response to an inquiry about the lawsuit.
According to the court filing, one of the Central Park Five members, Salaam, was actually present at the debate and sought to confront Trump over his statements in the spin room afterward.
Salaam says he repeatedly shouted questions to Trump, saying, “Will you apologize to the Exonerated Five?” and, “Sir, what do you say to a member of the Central Park Five, sir?”
Trump reportedly responded to him at one point, “Ah, you’re on my side then,” to which Salaam responded, “No, no, no, I’m not on your side.”
“Plaintiff Salaam was attempting to politely dialogue with Defendant Trump about the false and defamatory statements that Defendant Trump had made about Plaintiffs less than an hour earlier, but Defendant Trump refused to engage with him in dialogue,” the lawsuit stated.
The five men’s convictions were vacated in 2002 and Wise, who was still in prison at the time, was released early. The group sued New York City in 2003 and after a decadelong standstill, the lawsuit was settled for $41 million. The city did not admit to any misconduct by its police department or prosecutors.
Salaam was elected to the New York City Council last year, representing northern Manhattan, including Harlem, East Harlem, parts of the Upper West Side and Morningside Heights.
(ASHEVILLE, N.C.) — Twenty-six people remain unaccounted for in hard-hit North Carolina, weeks after the devastation unleashed by Hurricane Helene, officials said Monday.
Hurricane Helene made landfall in Florida on Sept. 26, wreaking havoc across the Southeast from Florida to Virginia. Helene destroyed homes and roads, stranded residents without cellphone service and water, and claimed the lives of nearly 250 people throughout the Southeast.
At least 95 of Helene’s fatalities were in North Carolina, officials said. Gov. Roy Cooper called Helene “the deadliest and most devastating storm” in the state’s history.
“It hurts the very people we are all trying to help,” he said. “It discourages and makes people fearful of signing up for help. It enables scam artists and it hurts the morale of government officials, first responders and soldiers who are on the ground trying to help.”
Former President Donald Trump is set to visit to the hard-hit city of Asheville on Monday to survey damage from the storm.
Cooper said he’s asking the former president to “not share lies or misinformation while he is here.”
Cooper said the White House “responded quickly and positively to our request from FEMA, which has had 1,400 staff on the ground and has registered 206,000 people for individual assistance, and distributed $124 million directly to people who need it.”
“As for long-term recovery, state and local government will be all in, along with the federal government,” Cooper said. “This will take billions of dollars and years of bipartisan focus from everyone working together to make it happen — from new roads and bridges to public building to water supplies to people’s homes.”
FEMA is now launching a “new initiative” to hire community liaisons in North Carolina’s impacted counties, FEMA Administrator Deanne Criswell announced Monday.
“We know that so many people have temporarily lost their jobs. We know that others just want to be able to give back, and we want to help keep people in these communities while they recover,” she said. “So these new community liaisons are going to work alongside us at FEMA to make sure that they are the local voice, the trusted voice in their community, and that they can share with us the local considerations and the concerns, so we can include them as part of this recovery. They’re going to be embedded in every county, working directly with county administrators, mayors and community leaders, bridging their concerns with our FEMA staff. And these jobs are available for people to apply right now.”
(SAPELO ISLAND, G.A.) — The “catastrophic failure” of an aluminum ferry gangway caused the deaths Saturday of seven people who were attending an annual cultural event on historic Sapelo Island off the coast of Georgia, officials said Sunday.
Three other people were critically injured and remained hospitalized Sunday afternoon, Commissioner Walter Rabon of the Georgia Department of Natural Resouces said during a news conference.
Among those killed was 77-year-old Charles Houston of Darien, Georgia, the chaplain for both the DNR and the Georgia State Patrol, Rabon said.
Rabon said the aluminum gangway, which was installed at the Marsh Landing Dock on Sapelo Island in November 2021, gave way in the middle under the weight of people boarding the ferry to leave the island.
“One end of the gangway was in the water. One end of the gangway on the landward side was still attached,” Rabon said, adding that the gangway was supported by two standing platforms, and that at the time of the incident, the ferry Annemarie was moored to a stationary dock next to one of the platforms.
In addition to Houston, those who perished were identified Sunday by McIntosh County Coroner Melvin Amerson as Jacqueline Crews Carter, 75; Cynthia Gibbs, 74; Carlotta McIntosh, 93; and Isaiah Thomas, 79. They were all from Jacksonville, Georgia. Also killed, according to Amerson, were William Johnson, Jr., 73, and Queen Welch, 76, both of Atlanta.
Rabon said it remains under investigation how many people were on the gangway when it collapsed. He said at least 20 people ended up in the water and another 20, including DNR staff and good Samaritans, jumped in to try to save people.
Rabon said that while the gangway was routinely inspected, “I can’t say that we get up under it and inspect it daily.”
“The initial findings of our investigation at this point show the catastrophic failure of the gangway causing it to collapse,” Rabon said.
In a statement Sunday, the Georgia Department of Natural Resources confirmed that the gangway was inspected less than a year ago, in December 2023, by Crescent Equipment Company.
On Saturday, the number of visitors to the island swelled to more than 700 from a normal daily average of less than 100, Rabon said. He said the Gullah Geechee people, descendants of enslaved Africans who were brought to the southeastern United States, were holding an annual cultural day on the Island on Saturday when tragedy struck.
Rabon said a second ferry and additional runs were added on Saturday to accommodate the large crowd.
When asked by reporters if the extra stress from the added ferry runs could have been a factor in the collapse, Rabon said, “At this time, I would not rule out anything as being a possibility.”
As part of the investigation, officials were reviewing the maintenance records of the gangway, he said.
“What I can say is that it is a structure failure. There should be very, very little maintenance to an aluminum gangway like that, but we’ll see what the investigation unfolds,” Rabon said.
During Sunday’s news conference, J.R. Grovner, a Sapelo Island resident and tour guide, spoke up, claiming that four months ago he complained to one of the ferry captains about the condition of the gangway.
“I brought it up to one of the ferry captains that the gangway wasn’t stable. I brought up concerns about the railing on the boat, that the railing is not locking properly down in the slot,” Grovner said, adding that he also complained to the U.S. Coast Guard about ferries being over capacity.
Rabon said, “At this time, I’m not aware of any complaints.”
Authorities received the first 911 call about the gangway collapse at the visitor’s landing dock at about 3:50 p.m., officials said. The incident sparked a large emergency response that included local authorities, the Georgia State Patrol, the U.S. Coast Guard, and sheriff’s deputies from McIntosh County and neighboring Camden County, as well as the McIntosh County Fire Department.
Emergency crews used boats equipped with sonar and helicopters to attempt to find and rescue people who fell into the water.
Everyone who went into the water has been accounted for, Rabon said Sunday.
An engineering and construction team was expected to help in the investigation.
The White House released a statement late Saturday from President Joe Biden.
“We are heartbroken to learn about the ferry dock walkway collapse on Georgia’s Sapelo Island,” Biden said in the statement. “What should have been a joyous celebration of Gullah-Geechee culture and history instead turned into tragedy and devastation. Jill and I mourn those who lost their lives, and we pray for the injured and anyone still missing. We are also grateful to the first responders at the scene. My team is in touch with state and local officials, and we stand ready to provide any assistance that would be helpful to the community.”
Vice President Kamala Harris is also “praying for all those who were killed or injured in the collapse of the ferry dock walkway on Georgia’s Sapelo Island,” she said in a statement Saturday.
“Our administration is in close touch with state and local officials, and we have offered any federal support the community might need. As always, we are deeply grateful for the heroism of our first responders,” Harris said in the statement.
She added that in the face of this tragedy, they will “continue to celebrate and honor the history, culture and resilience of the Gullah Geechee.”
In a statement posted on X, Georgia Gov. Brian Kemp said he was heartbroken by the tragedy and asked for prayers.
Sapelo Island is located about 70 miles south of Savannah, Georgia.
The Georgia Department of National Resources manages Sapelo Island, which is home to a research reserve and the Hog Hammock community, a small enclave made up of a few dozen full-time residents who are the descendants of enslaved African Americans.
The Gullah Geechee people are descendants of enslaved Africans who were brought to the southeastern U.S., primarily in coastal areas and who, because of their relative isolation, preserved many of their indigenous African traditions, according to the National Park Service.
Husband and wife Beverly and Irvin Jones told ABC News they were among those on the gangway when it collapsed. Irvin Jones said he felt the gangway slipping and made a split decision to jump onto the floating dock.
“We got almost to the boat and I felt it start to slide, like going backward,” Irvin Jones said. “So, I leaped and jumped. The two girls behind me, they fell in. The whole ramp fell in and collapsed.”
Irvin Jones added, “It happened so fast, people couldn’t react. It was sad. It was so sad. It was horrible. Not even 8 feet from me, I see one guy already drowned. One lady just jumped in to try to save a baby.”
Beverly Jones said she saw people in the water trying to hold on to their children.
“It was just horrific,” Beverly Jones said. “They were trying to hold on. There was nothing to hold on to.”
ABC News’ Laryssa Demkiw, Michelle Stoddart and Faith Abubéy contributed to this report.
