DA asks appeals court to reject Trump’s latest bid to delay his hush money sentencing
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(NEW YORK) — A day after former President Donald Trump asked a federal appeals court for a stay that would delay the sentencing in his New York hush money case, the Manhattan district attorney’s office on Thursday asked the court to reject Trump’s request.
Trump’s longshot attempt to delay his Sept. 18 sentencing came a day after District Judge Alvin Hellerstein denied Trump’s bid to move his criminal case to federal court.
In a 28-page filing late Wednesday, Trump’s attorneys asked the United States Court of Appeals for the Second Circuit to stay Judge Hellerstein’s order — a move that would delay Trump’s criminal case, including his sentencing, from moving forward.
“Absent the requested stay, President Trump and the American people will suffer irreparable harm,” defense attorneys Emil Bove and Todd Blanche wrote.
In their filing on Thursday, prosecutors said there’s no reason for the appellate court to get involved.
“For one thing, state court is already considering defendant’s request to defer a ruling on his post-trial motion and to delay the sentencing hearing until after the election,” Steven Wu, chief of appeals in the Manhattan DA’s office, said in a letter filed to the court.
Trump’s lawyers claimed in the appeal that the former president’s case belongs in federal court because the allegations and evidence in the case relate to Trump’s official acts as president — an argument defense attorneys said was bolstered by the Supreme Court’s recent ruling on presidential immunity.
In their filing, Trump’s attorneys emphasized the “irreparable harm” of allowing the sentencing to proceed because it could result in Trump’s “unconstitutional incarceration while the 2024 Presidential election is imminent.”
“Unlawfully incarcerating President Trump in the final weeks of the Presidential election, while early voting is ongoing, would irreparably harm the First Amendment rights of President Trump and voters located far beyond New York County,” defense attorneys wrote.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
On Friday, a panel of judges on the same federal appeals court is set to consider Trump’s appeal of a 2023 civil judgment that found him liable for the sexual abuse of magazine columnist E. Jean Carroll and awarded her $5 million in damages.
(NEW YORK) — As the Earth’s temperature continues to rise, lives could be at stake. A new study found deaths related to extreme temperatures may triple by the middle of the century, hitting minority communities the hardest.
University of Pennsylvania researchers looked at the relationship between average temperatures and number of deaths across counties in the United States between 2008 and 2019, according to the study published in JAMA Network Open on Friday. Currently, there are just over 8,000 annual temperature-related deaths in the country.
But just a single additional day of extreme heat in a month could increase these numbers.
“For years, we have been chronically underestimating the number of heat-related deaths … because they are so complicated,” Gaurab Basu, MD, director of education and policy at the Center for Climate, Health, and the Global Environment at Harvard T.H. Chan School of Public Health, told ABC News. “The methodologies they’re using, and the outcomes of this paper are more in line with what we believe is actually the impact of heat on mortality.”
To arrive at their estimates, the team used established climate models to predict future deaths from the heat or cold between 2036 and 2065. They ran these predictions through two potential scenarios of greenhouse gas emissions.
“The lower emissions scenario represents what we think might happen to the greenhouse gas emission trajectory if currently proposed climate policies are enacted,” Sameed Khatana, MD, the study’s lead author and assistant professor of medicine at the Perelman School of Medicine, said. “The higher emissions scenario represents business as usual––what would happen if the economy continued to be very dependent on fuels.”
By 2065, the researchers predict that deaths from extreme temperatures could reach 19,300 in the lower greenhouse gas emissions scenario, and 26,500 with higher emissions––a 134% and 222% increase, respectively.
Hispanic and Black communities would fare the worst, the study suggested. Hispanic adults could see a 527% rise in temperature-related deaths and non-Hispanic Black adults could see a 278% increase.
“It’s critical to understand that a warming planet is dangerous to all of us. But climate change and heat-related impacts on health are very disproportionate and very inequitably distributed,” Basu said.
Khatana noted that part of the disproportionate burden on minority communities stems from projected population shifts. Minority and non-White populations are expected to grow faster than white populations.
However, even after accounting for this, significant differences in temperature-related deaths remain for a variety of reasons.
Minority populations often work longer hours in the heat, live in areas with less green space and more pollution, and lack adequate home cooling.
Researchers urge targeted solutions to address these disparities.
“We have to analyze the ways in which communities of color are vulnerable to exposures, to heat, because of a lack of resources and because of the kind of occupations and disempowered positions they are in,” Basu said. “We need to start there.”
Khatana emphasized the importance of staying hopeful when considering the future of climate change.
“We should think about the steps we can take to lower our carbon footprint,” he said. “We found that, even though in both [greenhouse gas] scenarios, there is an increase in extreme temperature-associated deaths, the increase is lower when the trajectory of emission increases is lower as well.”
“But no one should pretend that there’s a simple solution. Climate change is a very complex issue that requires a concerted effort at multiple levels.”
Anokhi Saklecha, M.D., is an internal medicine resident at Yale New Haven Health and a member of the ABC News Medical Unit.
(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.
Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.
Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.
Martin and Desmond Mills Jr., the two officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.
Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.
In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.
Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.
Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.
Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
Kansas City Mayor Quinton Lucas talks on Oct. 20, 2022, in his office at City Hall. (Emily Curiel/Kansas City Star/Tribune News Service via Getty Images)
(KANSAS CITY, Mo.) — The Kansas City community is mourning the death of local chef Shaun Brady, whom police said was gunned down while taking out the trash in the parking lot of his restaurant.
The owner of the Brady & Fox restaurant was known for his contributions to the local Irish community and to the Kansas City Irish Festival, which is set to take place this weekend, according to a statement posted to the Kansas City Irish Festival’s Facebook page.
In the wake of the shooting Wednesday night, Mayor Quinton Lucas extended his condolences to Brady’s family and called for change in the city that he says has suffered an increase in violent crime in recent months.
“Like many, I was heartbroken to learn of the death of Shaun Brady. Having met him, I was inspired by the community he was building in Kansas City,” Lucas said in a statement Thursday. “More distress comes in knowing how he died — due to violence arising once more in our community,” Lucas added.
The shooting took place Wednesday around 5:15 p.m. at the Brady & Fox restaurant, also known as Brady’s KC, in the Brookside neighborhood of the Missouri city, the Kansas City Police Department confirmed to ABC News.
A preliminary investigation revealed that the victim was taking out trash when he “observed multiple subjects by a vehicle,” police said. An interaction between the victim and subjects occurred that led to the victim being shot, police added.
Two teenage male suspects were taken into custody within an hour of the deadly shooting and a vehicle was recovered in Midtown, according to police, who further said that the shooting is being investigated as a homicide and the suspects are being held pending further investigation.
In a separate statement posted to Facebook, Mayor Lucas said Brady’s death comes as business owners in the area have spoken out about crime in the area.
“For years now, but more acutely in recent months, business owners in Brookside and Waldo, but also along Prospect, in the Crossroads, and throughout too much of our city have expressed serious concerns about a rise in property and nuisance crimes plaguing their stores, their parking lots, and their customers,” Lucas said in the statement, in part.
Gun violence in Kansas City came into national focus in February when the city’s Super Bowl parade ended in tragedy when one person was killed and 20 injured when shots were fired during a victory gathering outside of Union Station.
Lucas, who was present at the Chiefs’ parade, then called that shooting “an incredible disappointment.”
Kansas City recorded its deadliest year on record in 2023, with the Kansas City Police Department’s daily homicide analysis showing 182 homicides. That’s 12 more than in 2022 and three more than the city’s previous all-time high, which was 179 homicides in 2020.
