Ernesto becomes hurricane after leaving 695,000 without power in Puerto Rico
ABC News
(NEW YORK) — Ernesto has become a Category 1 hurricane Wednesday after hitting Puerto Rico overnight and leaving power outages and flooding in its wake.
The center of then-Tropical Storm Ernesto passed within 40 miles of San Juan, Puerto Rico, early Wednesday, producing strong winds and heavy rain.
More than 695,000 customers are without power in Puerto Rico, according to LUMA, a service provider. The island’s eastern and central regions are the most impacted.
Additionally, 235,000 customers are without water and over 400 people are in shelters, according to Puerto Rican officials.
Officials are asking people to leave their homes only if absolutely necessary. Many villages are completely isolated because of the river levels and multiple routes are closed.
Officials asked people to donate blood due to low resources. Twenty-three hospitals are using electric generators and 80 flights have been canceled.
The storm was moving away from Puerto Rico on Wednesday morning with hurricane-force winds of 75 mph.
The highest rainfall total recorded so far is 9.6 inches in Naguabo, Puerto Rico.
More rain is possible Wednesday morning and into early afternoon before the storm moves out of Puerto Rico.
On Culebra island, east of Puerto Rico, sustained winds of 68 mph were reported with a gust up to 86 mph. A METAR Observation Station at the Roosevelt Roads Naval Station in Puerto Rico reported sustained winds of 48 mph and a gust of 74 mph.
Tropical storm warnings were issued for Puerto Rico and a hurricane watch was in effect for the British Virgin Islands.
President Joe Biden approved an emergency declaration for Puerto Rico on Tuesday night.
Puerto Rico Gov. Pedro Pierluisi had warned residents to stay home starting on Tuesday evening, when the tropical storm-force winds are forecast to reach the island. Total rainfall could reach up to 10 inches in some spots.
A flash flood warning was issued for parts of Puerto Rico early Wednesday morning, as several inches of rain already caused flooding. Heavy rain and gusty winds will continue in Puerto Rico into the afternoon as Ernesto moves away from the island.
ABC News’ Jessica Gorman contributed to this report.
(NEW YORK) — A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.
Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.
In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
Bowles told the judge that he became aware of the ammunition — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”
“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”
He also argued the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”
“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”
Special prosecutor Kari Morrissey argued Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.
“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”
“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.
Morrissey argued the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.
“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”
In her order, Marlowe Sommer found that the state did suppress the Kenney interview and the Haag report, but that the defense failed to establish that either piece of evidence is material.
Regarding the Teske-supplied ammunition, the judge found that the state did not suppress or fail to provide her with evidence that could be favorable to her case because the live rounds were available to her and her defense in advance of and during her trial.
Marlowe Sommer also found that the state could not have suppressed other evidence related to the ammunition, including the sheriff’s office’s supplemental report and lapel footage of Teske at the sheriff’s office, before or during the trial because those items were not created until on or after the final day of Gutierrez’s trial.
Teske, a retired officer who lives in Arizona and is a friend of Gutierrez’s father, famed Hollywood armorer Thell Reed, brought the live ammunition to the Santa Fe County Sheriff’s Office at the end of Gutierrez’s trial. He said the ammunition, which was owned by Reed and from a different set, was suspected of being connected to the “Rust” set and that Gutierrez’s defense did not want the ammunition, according to lapel footage of his sheriff’s office interview played during Baldwin’s trial.
Morrissey said during Baldwin’s trial that the ammunition did not have any evidentiary value in either Gutierrez’s or Baldwin’s case. Baldwin defense attorney Luke Nikas charged that the ammunition evidence was ultimately “concealed” by being placed under a different case number and said it was “critical” evidence that was required to be disclosed.
A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.
In this Jan. 23, 2024, file photo, Missouri Secretary of State Jay Ashcroft speaks with reporters in Jefferson City, Missouri. (Kacen Bayless/The Kansas City Star via TNS via Getty Images)
(NEW YORK) — The Missouri Supreme Court ruled Tuesday in favor of keeping a proposition about abortion access on the state’s ballot, directing Secretary of State Jay Ashcroft to certify the proposition.
The order reversed a decision by a lower court and came after Ashcroft had decertified the proposition.
If passed in November by Missouri voters, the initiative would enshrine the right to an abortion in the state’s constitution and allow the state to regulate abortion after fetal viability, which is generally around 24 weeks.
“The Right to Reproductive Freedom” ballot initiative, spearheaded by the group Missourians for Constitutional Freedom, would also enshrine rights related to reproductive health care into the Missouri Constitution, “including but not limited to prenate care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions,” according to the text of the initiative.
Abortion is currently banned in Missouri with few exceptions, according to an analysis of state laws by KFF.
Abortion-related ballot initiatives are confirmed on the general election ballots in 10 states: Maryland, Florida, South Dakota, Colorado, Nevada, Arizona, Missouri, Montana, Nebraska, and New York.
In Nebraska, the initiatives are still dealing with legal challenges. (In New York, the initiative does not explicitly mention abortion and involves additional reproductive rights and other issues.)
Advocates supporting abortion access celebrated the Missouri Supreme Court decision.
Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, wrote in a statement, “Today’s decision is a victory for both direct democracy and reproductive freedom in Missouri… Missourians overwhelmingly support reproductive rights, including access to abortion, birth control, and miscarriage care. Now, they will have the chance to enshrine these protections in the Missouri Constitution on November 5.”
Missouri House Minority Leader Crystal Quade, the Democratic nominee for governor of Missouri, told ABC News in a statement, “I am grateful the Missouri Supreme Court saw through yet another attempt from the extremist anti-abortion politicians in Jefferson City to keep Missourians from having their say at the ballot box.”
Mary Catherine Martin, senior counsel for the Thomas More Society and an attorney who argued in the case, indicated that she feels the amendment will have adverse effects if passed — while indicating that it is settled legally that it will be on the ballot.
Martin said in a statement, “The Missouri Supreme Court’s decision to allow Amendment 3 to remain on the November ballot is a failure to protect voters, by not upholding state laws that ensure voters are fully informed going into the ballot box. It is deeply unfortunate the court decided to ignore laws that protect voters in order to satisfy pro-abortion activists who intentionally omitted critical information from the initiative petition.”
She added, “Missouri’s Amendment 3 will have far-reaching implications on the state’s abortion laws and well beyond… We implore Missourians to research and study the text and effects of Amendment 3 before going to the voting booth.”
(LOS ANGELES) — A 4.4 magnitude earthquake rocked the Los Angeles region early Monday afternoon.
The epicenter was located near the city’s Highland Park neighborhood, a few miles north of downtown Los Angeles, according to the U.S. Geological Survey.
The Los Angeles Fire Department said it’s examining transportation infrastructures, apartment buildings, power lines and large places where people gather, like universities and Dodger Stadium.
The Los Angeles Police Department is warning residents to “be prepared for aftershocks” following the “significant” quake.
Cal Tech officials said the quake is believed to be along the lower Elysian Park Fault, but a number of faults are in the area.
This is a developing story. Please check back for updates.
