Fani Willis skips Georgia state Senate hearing seeking her testimony
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(ATLANTA) — Fulton County District Attorney Fani Willis, who is leading the Georgia election interference case against former President Donald Trump, did not appear Friday at a hearing held by a Republican-led state Senate committee that has been investigating her.
Willis has challenged the legality of the subpoenas she received from the committee, a spokesperson for her office previously told ABC News.
The hearing today was set to include “sworn testimony” from Willis, according to a press release from the committee.
Willis’ attorney, former Georgia Gov. Roy Barnes, told the Atlanta Journal Constitution that Willis “will not appear until there has been a judicial determination of the validity of the subpoena.”
Barnes did not respond Friday to a request for comment from ABC News.
Republican State Sen. Bill Cowsert, the chairman of the committee, said at the beginning of the hearing that “we have subpoenaed Fani Willis to testify … she is defying her subpoena and not appearing.”
“But we will welcome her if she appears at some point during the meeting,” Cowsert said, before continuing the hearing with other issues and witnesses.
Willis charged Trump and 18 others in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. All defendants, including Trump, pleaded not guilty, then four defendants subsequently took plea deals in exchange for agreeing to testify against the others.
The judge in the case, Scott McAfee, ruled in March that either Willis or prosecutor Nathan Wade must step aside from the case due to a “significant appearance of impropriety” stemming from a previous romantic relationship between Wade and Willis. Wade subsequently stepped down.
The Georgia Senate Special Committee on Investigations was established earlier this year with a stated goal to “thoroughly investigate the allegations of misconduct” by Willis.
It said it would look to “enact new or amend existing laws and/or change state appropriations to restore public confidence in the criminal justice system.”
Cowsert previously said it was not within the committee’s authority to seek to disqualify Willis from the election case or to criminally prosecute her, but rather to “investigate many of these troubling allegations.”
A Georgia court of appeals paused the election interference case in June, pending the resolution of a court battle over Willis’ being allowed to remain on the case..
Oral arguments in that matter are currently scheduled for Dec. 5, a month after the presidential election.
In a separate case, a Georgia state prosecutor said in a statement Friday that he would not pursue criminal charges against Lt. Gov. Burt Jones for acting as one of Trump’s so-called “fake electors” in the 2020 election.
Pete Skandalakis, the head of the Prosecuting Attorneys’ Council of Georgia, was tasked with investigating Jones after Willis was disqualified from investigating him in 2022 by a Fulton County judge after Willis held a fundraiser for Jones’ political opponent.
Skandalakis, in his decision Friday, wrote that the case against Jones “does not warrant further consideration” and that Jones “did not act with criminal intent” when he served as an alternate elector and aided Trump’s efforts in the state in other ways.
Jones was not indicted in Willis’ election interference probe.
(LOS ANGELES) — A Los Angeles Metropolitan Transportation Authority bus was allegedly hijacked with the driver being forced to drive at gunpoint before police were able to apprehend the suspect, according to ABC News’ Los Angeles station KABC-TV.
The incident started shortly before 1 a.m. at Figueroa Street and Manchester in southern Los Angeles when the suspect reportedly carjacked a bus and took three hostages — the bus driver and two passengers, according to KABC.
At some point during a police pursuit, authorities used a spike strip on the vehicle and were able to puncture the right tire, KABC said.
At 2:10 a.m., the bus stopped at the intersection of 6th and Wholesale Street, some 8 miles northeast of where the incident began, where officers had blocked off the area, according to KABC. A SWAT team was able to clear the bus and take the suspect into custody.
At least one person was shot during this incident, according to L.A. Fire Department, and the victim is listed in critical condition.
Two other patients declined treatment, authorities said, and confirmed that the person who was shot is not the suspect involved in the incident.
(ASHBURN, Va.) — A suspect has been identified in a burglary reported at a Trump for President 2024 campaign office in Virginia, authorities said Wednesday.
The Loudoun County Sheriff’s Office said it has secured a warrant for the arrest of Toby Shane Kessler, 39, on the charge of burglary in connection with a break-in reported at the office in Ashburn on Sunday night.
The sheriff’s office said it is working with other law enforcement agencies to locate Kessler, who they said does not have a fixed address and has a California driver’s license.
The burglary occurred at approximately 8:11 pm on Sunday and was captured by surveillance cameras inside the office, the sheriff’s office said.
Investigators determined the suspect “forced entry into a back door of the location and spent a brief period of time inside before leaving,” the sheriff’s office said in a press release.
“He appears to have left nothing behind, and it is still unclear what, if anything, he took with him,” the sheriff’s office said, adding the investigation is ongoing.
The suspect was captured in the surveillance footage wearing dark clothing, a dark cap and a backpack. The Loudoun County Sheriff’s Office asked anyone who believes they have seen Kessler to contact them at 571-918-1869.
“Mr. Kessler has a history of criminal behavior and appears to have been in the Washington metropolitan area at least since 2018,” the sheriff’s office said.
The campaign office, which is leased, also serves as the headquarters of the Virginia 10th District Republican Committee, the sheriff’s office said.
Virginia Attorney General Jason Miyares’ press secretary, Chloe Smith, said Tuesday that their office was monitoring the situation.
“It’s outrageous that anyone would break into a political office,” Smith said in a statement to ABC News. “Criminal acts are not tolerated in Virginia.”
(ST. LOUIS) — A county prosecutor in St. Louis, Missouri, presented DNA evidence Wednesday alleging that a death row inmate convicted of first-degree murder is innocent in a case that has drawn opposition from the state attorney general.
Marcellus Williams, 55, who has maintained his innocence, is scheduled to be executed on Sept. 24 for the 1998 murder of Felicia Gayle, according to court documents. He was charged in 1999 and found guilty in 2001.
The St. Louis County Prosecuting Attorney’s Office, headed by Wesley Bell, told ABC News in a statement Wednesday that the lead prosecutor and investigator who initially tried the case two decades ago handled the knife used to kill Gayle without gloves and their DNA was found on the evidence.
“DNA from two members of the trial team were found on the murder weapon in testing we did for this hearing,” Bell’s office told ABC News in a statement Wednesday. “In open court today, a DNA expert testified that their improper handling of the weapon could have eliminated other DNA evidence. Williams’ DNA was never recovered from the knife.”
Bell’s office did not address whether they are asking the judge to invalidate the knife as evidence because of improper handling.
Williams was set to enter an Alford plea after a circuit court judge, and Bell agreed to it last week. An Alford plea would allow him to accept the consequences of a guilty plea but would not require him to admit specific wrongdoing to get his sentence reduced to life in prison without parole, according to the county prosecutor’s office.
Missouri Attorney General Andrew Bailey argued that the move to vacate Williams’ death sentence should not have been allowed, saying in a statement that the “defense created a false narrative of innocence in order to get a convicted murderer off of death row and fulfill their political ends.”
Wednesday’s hearing came after the Missouri State Supreme Court ruled last Thursday in favor of a request from Bailey for the circuit court to first hold an evidentiary proceeding before considering vacating the death sentence.
“It is in the interest of every Missourian that the rule of law is fought for and upheld – every time, without fail,” according to a statement from Bailey last Thursday. “I am glad the Missouri Supreme Court recognized that. We look forward to putting on evidence in a hearing like we were prepared to do yesterday [when the circuit judge agreed to vacate Williams’ death sentence].”
The State Attorney General’s Office did not respond to ABC News’ request for further comments after the evidentiary hearing.
The county prosecutor’s office submitted the 63-page motion on Jan. 26 to vacate Williams’ conviction.
“Despite the fact that no reliable evidence has ever connected Mr. Williams to the 1998 murder of Felicia Gayle,” The Innocence Project, who is representing Williams, told ABC News in a statement Wednesday. “Attorney General Andrew Bailey has vigorously fought to prevent the court from vacating Mr. Williams’ conviction and to execute him on September 24.”
In the summer of 2024, Bailey has litigated against three wrongful-conviction claims opposing local prosecutors and judges, according to The New York Times, including the Christopher Dunn case, in which the state attorney general did not accept the recanting of testimonies of two witnesses who previously tied Dunn to the murder of a teenager in 1990. Dunn was released from prison after Bailey appealed the ruling of a circuit court judge who vacated Dunn’s conviction.
Williams was convicted on June 15, 2001, of first-degree murder, first-degree burglary, armed criminal action and robbery connected to events at Gayle’s home in suburban St. Louis, according to court documents.
Gayle was found murdered with more than 43 stab wounds in her home on Aug. 11, 1998, according to the county prosecutor’s motion. The kitchen knife used in the killing was left lodged in Gayle’s body, according to court documents. Blood, hair, fingerprints and shoe prints believed to belong to the perpetrator were found around the home. Gayle’s purse and her husband’s laptop were declared missing after the attack, according to county prosecutor’s motion.
“None of this physical evidence tied Mr. Williams to Ms. Gayle’s murder,” according to the motion filed by Bell’s office. “Mr. Williams was excluded as the source of the footprints, Mr. Williams was excluded by microscopy as the source of the hairs found near Ms. Gayle’s body … and Mr. Williams was not found to be the source of the fingerprints.”
About a year after Gayle’s death, Henry Cole, a man who had been recently released from jail, told authorities that he had been Williams’ cellmate and heard him admit to the murder, according to court documents.
In November 1999, Laura Asaro, Williams’ girlfriend at the time, told police that Williams confessed to her that he killed Gayle, according to Bell’s motion. The prosecution’s case was largely dependent on these two witness accounts, the motion said.
In court documents, Bell’s office claimed there were significant issues with the credibility of Cole and Asaro’s accounts, which they said were inconsistent over time and contained testimony that didn’t line up with physical evidence. Bell’s office also alleged that both witnesses had incentives to testify, including a possible cash reward to find Gayle’s killer and, in Asaro’s case, an offer of help from police with her outstanding warrants.
Williams pawned the laptop stolen from Gayle’s home, but the motion alleges the buyer of the computer told investigators that Williams explained to him that Asaro had given him the laptop to sell for her. The jury who convicted Williams was not allowed to hear testimony that Williams said he received the laptop from Asaro because the testimony would have been hearsay. Williams was convicted in June 2001 and sentenced to death.
In 2017, when Williams was hours away from execution, then-Missouri Gov. Eric Greitens granted him a reprieve so a panel could evaluate his conviction.
Last year, Gov. Mike Parson disbanded the panel, according to court documents. A day after the governor dissolved the panel, Bailey asked the State Supreme Court to schedule an execution date. Parson said that he is open to discussing clemency for Williams, according to a statement on Monday obtained by ABC News.
“One of the defense’s own experts previously testified he could not rule out the possibility that Williams’ DNA was also on the knife. He could only testify to the fact that enough actors had handled the knife throughout the legal process that others’ DNA was present,” read a statement from Bailey last week.
The county prosecuting attorney’s office said the state’s claim that one of their expert witnesses could not rule out Williams’s DNA on the weapon was insignificant.
“The AG (attorney general) is arguing about a motion that was not taken up by the court today and has no bearing on the matter,” read the statement from Bell’s office.
The circuit court has until Sept. 13 to make a ruling on Williams’ case after the evidentiary hearing, according to court documents.
