Delphi double murder trial: Extended video from victim’s phone played in court
Alex Perez/ABC News, Files
(DELPHI, Ind.) — A 30-second video filmed by 14-year-old victim Libby German just before she was murdered in Delphi, Indiana, was played for the jury on Tuesday during Richard Allen’s trial.
Allen is accused of killing Libby and 13-year-old Abby Williams while the best friends walked on a trail in their small town on the afternoon of Feb. 13, 2017.
The video — played during testimony from Indiana State Police digital forensic examiner Brian Bunner — showed Libby filming herself and Abby walking on the Monon High Bridge. At one point, the camera panned up, and no one was behind Abby. In a later shot, the video shows a man walking behind her.
According to Indianapolis ABC affiliate WRTV, a girl’s voice is heard on the video saying, “There’s no path — the trail ends here, so we have to go down here?”
Libby’s mother cried in court when she heard the voice.
The video, which was not enhanced, was played just once for the jury.
Libby posted a photo of Abby on Snapchat as they walked over the Monon High Bridge, prosecutor Nick McLeland told the jury last week in his opening statement. After the girls crossed the bridge, they saw a man behind them, and Libby started a recording on her phone at 2:13 p.m., he said.
The man pulled out a gun and ordered the girls to go “down the hill,” McLeland said. The girls complied, he said, and then the video on Libby’s phone stopped recording.
The eighth graders’ bodies were discovered near the trail one day later.
Indiana State Police crime scene investigator Brian Olehy testified Monday that both girls’ necks were cut, noting that Libby’s was “viciously slashed.” A large pool of blood was visible between their bodies, he said.
Olehy said some of the girls’ clothing was found inside-out in the nearby creek.
Sticks were partially laid over the bodies, Olehy said. When he and another deputy lifted Libby’s body off the ground to place it in a body bag, he said leaves and dirt stuck to her back.
Libby’s phone — in its Harry Potter-themed case — was found underneath Abby’s body, Olehy said.
On Tuesday, Olehy returned to the stand and walked the jury through evidence collected during the autopsies, including: sex assault evidence kits for Abby and Libby; Libby’s Delphi swimming sweatshirt with red stains; jeans with red stains; a gray bra with red stains and a black bra with red stains.
Libby’s mom wiped away tears as Olehy explained the sex assault evidence collection kit.
During cross-examination, defense attorney Brad Rozzi asked if any of the recovered DNA evidence was linked to Allen, and Olehy responded, “No.”
Rozzi asked Olehy if it seemed like the sticks in between the girls’ bodies were placed there intentionally. Olehy replied, “They appeared to be placed there by an individual,” and he went on to say the sticks seemed to be an “attempt at concealment.”
Allen, a Delphi resident, was arrested in 2022 and has pleaded not guilty to murder. Allen has admitted to police that he was on the trail that day, but he denied any involvement in the murders, according to court documents.
(WASHINGTON) — President-elect Donald Trump has ambitious plans to utilize U.S. federal lands for the extraction of natural resources.
But Trump – who promised at the Republican National Convention in July to “drill, baby, drill” if he were to be reelected – may not be able to accomplish the vast majority of his plans due to existing protections and the way federal lands are defined, environmental law experts told ABC News.
Trump won’t be able to “just turn on the spigot” for new oil and gas drilling on day one of his administration, Athan Manuel, director of the Sierra Club’s Lands Protection Program, told ABC News.
“Every administration gets to the place where they have to differentiate between the rhetoric that they use in the campaign and the actual challenges when it comes to actually governing,” Stan Meiburg, executive director of Wake Forest University’s Sabin Family Center for Environment and Sustainability, told ABC News.
National parks, wilderness areas, wildlife refuges, military reservations and public-domain lands are owned and managed by the federal government.
Public land is intended to be used for public benefit, but for the last century or so, that definition has sometimes been conflated to also include the extraction of natural resources, such as oil, gas, minerals and timber, according to Peter Colohan, director of federal strategies at the Lincoln Institute of Land Policy, a nonpartisan think tank.
Federal lands are “for the benefit and enjoyment of all people,” Colohan told ABC News, evoking the famous phrase by former President Teddy Roosevelt that’s inscribed on the arch at north entrance of Yellowstone National Park.
Trump carried out what environmentalists widely regarded as an anti-environmental policy regime during his first term, withdrawing from the Paris Agreement to address climate change upon taking office in 2016 – which he has said he plans to do again, reversing President Biden’s Jan. 20, 2021 action to rejoin the agreement – removing clean water and air pollution protections, and fast-tracking environmental reviews of dozens of major energy and infrastructure projects, such as drilling and fuel pipelines, which Trump has said would help boost American energy production and the economy.
During his next term, Trump also has promised to drastically increase fossil fuels production in the U.S., despite the U.S. already producing and exporting a record amount of crude oil under the Biden administration.
“I think it’s an absolute certainty that Trump is going to push to open up the Arctic National Wildlife Refuge, 19.3 million acres in northeastern Alaska that provides critical habitat to several species, to unfettered oil drilling, as well as areas outside of the refuge along the Alaska coast,” Kierán Suckling, executive director for the Center for Biological Diversity, told ABC News. “He’s been gunning for that for years.”
The Trump transition team did not immediately respond to an ABC News request for comment on this story.
Regulatory challenges
The president and the executive branch may have a “great deal of discretion” over control of public lands and monuments, but existing laws to protect lands like the Arctic National Wildlife Refuge will be difficult to overturn, Suckling said.
Since the 1970s, a slew of environment regulations have been put in place to protect the U.S. landscape, such as the establishment of the Environmental Protection Agency in 1970, followed by the Clean Water Act in 1972 and the Endangered Species Act in 1973. The Clean Air Act was established in 1963 and has been amended several times since, the first time in 1970.
Because of this legal environmental infrastructure, it would be virtually impossible for Trump to easily or unilaterally change these protections, the experts said. In order for the Trump administration to overturn regulations against use of protected lands for energy production, he would have to present evidence to demonstrate that the proposed actions would not violate existing environmental laws, Suckling said.
“You have to use the best science available and if the science does not support your policy, the law is not going to permit you to do it,” Suckling said.
The day after Trump won reelection, President Joe Biden moved to narrow the scope of the lease in the Arctic National Wildlife Refuge, signed by Trump in 2017, to limit oil drilling. The Biden administration found “legal deficiencies” in the leases that would have made it possible for the Trump administration to expand fossil fuel production, Colohan said.
The biggest roadblock to Trump’s plans to drill on federally protected lands is whether or not those areas are actually economically competitive, compared to places where people are drilling on private land using hydraulic fracturing, or fracking, Meiburg said.
However, most federal lands are not protected, Drew Caputo, vice president of litigation at Earthjustice, told ABC News. For such unprotected lands, it’s possible for Trump to issue an executive order to lease them for energy production. Even so, whenever a decision is being made to lease public land, “there will be a legal battle for sure,” Colohan said, adding that executive orders are “more reversible” than an existing statutory regulation.
Environmental activist resistance
In order for Trump to open federal land for leasing, his administration is required by law to notify the public, with environmental lawyers certain to be ready to challenge him.
“Environmental laws are carefully designed to produce a stable, democratic, scientific outcome,” Suckling said. “You can’t just get in and jump around and do whatever you want, and that’s why the United States has one of the best-protected environments – one of the cleanest, healthiest environments of any nation on earth,”
During Trump’s first term, the Biological Center for Diversity sued his administration 266 times and won about 90% of those actions, Suckling said. Earthjustice filed about 200 lawsuits against the Trump administration and won about 85% of them, according to Caputo.
“We’re going to have to sue their pants off every chance we get,” the Sierra Club’s Manuel said.
The Trump administration will likely face opposition from other stakeholders as well, such as Native American tribes, which could be impacted should federal land be leased for energy extraction, Meiburg said.
Trump’s loss in the 2020 election may have been the speed bump needed to thwart his agenda for federal lands, some experts also said. Now that he’s been reelected four years later, he’s essentially a one-term president and many of his proposed actions could be tied up in litigation for years, Suckling said.
Conversely, had Trump had eight consecutive years in office, it may have afforded him the continuity to enact more sweeping changes regarding use of federal lands, Caputo said. Should the House or Senate flip to Democratic control after the midterm elections, Trump’s agenda would likely be blunted even more, Manuel said.
However, it’s also challenging for land managers and environmental agencies when there’s constant turnover in the regulatory environment because it can slow progress for environmental protections, Colohan said.
All land is under pressure – whether for development, extraction of resources, agricultural use, climate change or biodiversity loss, Colohan said. But federal lands carry the ideal of conservation for the public benefit, recreation, cultural purposes, and for climate mitigation and resilience, he added.
“Those things are the better, the longer-term benefits that come from conservation,” Colohan said. “And so that’s really a choice that’s made by every administration.”
(NEW YORK) — A New York-based Iranian journalist who was the target of an alleged failed assassination attempt that federal prosecutors say involved an Iranian general said she has “been given a second life.”
Federal prosecutors on Tuesday announced criminal charges against Islamic Revolutionary Guard Corps Brig. Gen. Ruhollah Bazghandi in connection with the alleged murder plot against Masih Alinejad, a prolific journalist and human rights activist who has been critical of the Iranian government, in particular the status of women’s rights.
The charges name Bazghandi and six other Iranian operatives who federal prosecutors said plotted to kill Alinejad.
In response to the charges, Alinejad said it was a “beautiful day” in a statement on X on Tuesday while posting a video of herself riding a bicycle, smiling, and saying, “I love my life.”
Asked by ABC News’ Diane Macedo about the joyful video during an interview on ABC News Live on Wednesday, Alinejad said, “I’ve been given a second life. That doesn’t mean I’m going to stay forever, but it is a beautiful day for me and I have to celebrate it because, look, the Iranian regime actually showed that how far they can go.”
“When I read the details, I was like, ‘Wow, the high-ranking member of Revolutionary Guards actually were in charge to kill me?'”
Alinejad said she met with members of the FBI and the Department of Justice about the case.
“When they named Ruhollah Bazghandi, I was screaming out of joy because it is beautiful,” she said. “You have to be a woman from Iran, from the Middle East, to understand when a killer [gets stopped], how it feels.”
“I smiled. But at the same time, I am very sad because I know that this is happening to my women inside Iran,” she continued. “They are facing the same killers every day.”
Alinejad, 48, fled Iran in 2009 in the aftermath of the country’s disputed presidential elections. Her 2018 memoir, “The Wind in My Hair,” detailed how she helped spark an online movement against the compulsory hijab as the founder of the My Stealthy Freedom campaign.
Alinejad, who lives in exile in New York City, said she has moved 21 times between safe houses in the past three years, following an alleged Iranian plot to lure and kidnap her in 2021.
Since at least July 2022, the Bazghandi network sought to assassinate Alinejad, as directed by individuals in Iran, according to the federal indictment, which was released on Tuesday.
The indictment details how the network of operatives surveilled Alinejad and quotes them talking about her in July 2022.
“I’m close to the place now brother I’m getting even closer,” the indictment quotes one operative as saying.
In response, another said, according to the indictment, “OK my brother dear don’t let her out of your sight. Let’s not delay it my brother dear.”
The operative — Khalid Mehdiyev — was disrupted when he was arrested near the victim’s home on July 28, 2022, while in possession of an assault rifle, along with 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask, according to the indictment.
The operatives were members of an Eastern European crime group allegedly contracted by the Bazghandi network to kill Alinejad, according to the indictment.
“The Islamic Republic hired criminals to do their dirty job on U.S. soil to get away with it, to get away from accountability,” Alinejad said. “But now, the law enforcement actually found the high-ranking members of the Revolutionary Guards that were behind this assassination plot.”
“I’m not carrying weapons. I’m only 45 kilos. But they were trying to kill me,” she said.
Tehran has not responded to the recent charges.
The FBI released a wanted poster for Bazghandi, who is based in Iran and is being sought on charges including murder-for-hire and conspiracy to commit murder-for-hire.
FBI Director Christopher Wray said in a statement Tuesday that the indictment “exposes the full extent of Iran’s plot to silence an American journalist for criticizing the Iranian regime” and that the FBI will “work with our partners here and abroad to hold accountable those who target Americans.”
ABC News’ Aaron Katersky contributed to this report.
Alexander Smirnov, center, a confidential human source with the FBI, leaves the Lloyd George U.S. Courthouse, on Tuesday, Feb. 20, 2024, in Las Vegas. Smirnov is accused of falsely stating that executives with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016. (Bizuayehu Tesfaye/Las Vegas Review-Journal/Tribune News Service via Getty Images)
(WASHINGTON) — The former FBI informant charged by special counsel David Weiss for allegedly lying about President Joe Biden and his son Hunter Biden’s business dealings is facing a separate new indictment on tax-related charges, court records show.
Alexander Smirnov is alleged to have evaded paying taxes on more than $2 million in income he received from multiple sources between 2020 and 2022, according to an indictment unsealed Tuesday in California federal court.
Smirnov was set to face trial beginning next week in Los Angeles on charges he concocted “fabrications” about President Biden and his son accepting $5 million in bribes from the Ukraine energy company Burisma, which Republicans repeatedly sought to seize on in their yearslong effort to impeach the president. He has pleaded not guilty to the charges.
That trial has since been pushed to January by the federal judge overseeing Smirnov’s case.
The newly unsealed indictment paints Smirnov as living a lavish lifestyle during the years he was allegedly also peddling lies to his FBI handler about the Biden family — detailing expenditures that include a $1.4 million Las Vegas condominium, a Bentley he allegedly leased for over $122,000, and hundreds of thousands of dollars of clothes, jewelry and accessories he allegedly purchased for himself and his domestic partner.
Despite receiving more than $2 million in revenue streams, prosecutors say that on a credit card application in June of 2022 he listed only $60,000 in total annual income and $250,000 in gross business income.
The indictment further alleges that when Smirnov sought the assistance of a professional tax return preparer who refused to sign his returns, Smirnov told the preparer that they “should not inquire about how he earned his income,” and further instructed them to delete any emails or messages sent by Smirnov.
“Mr. Smirnov intends to vigorously fight these allegations with the same intensity as he has fought the original indictment,” Smirnov’s attorneys, David Chesnoff and Richard Schonfeld, said in a statement.
As of Tuesday afternoon, Smirnov had not yet entered a plea to the newly filed indictment, according to court records.
Smirnov has remained detained since his arrest in February, on the belief that he poses a flight risk due to his extensive overseas contacts that allegedly include known senior intelligence agents in Russia.
