Giuliani permanently disbarred from practicing law in District of Columbia
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(WASHINGTON) — Former New York City Mayor Rudy Giuliani has been permanently disbarred from practicing law in the District of Columbia, a court of appeals panel ruled Thursday.
According to the ruling, Giuliani’s disbarment is a resort of reciprocal discipline resulting from his law license being stripped in New York state over his efforts aiding former President Donald Trump’s bid to overturn the 2020 election.
Giuliani’s law license had already been suspended in D.C.
The appeals court panel noted that Giuliani declined to respond when given notice back in July that he could face reciprocal discipline.
In a report issued in July, the D.C. Board on Professional Responsibility recommended Giuliani be disbarred, saying that in his capacity as personal attorney to then-President Trump, he committed misconduct by his “frivolous and destructive” efforts to overturn President Joe Biden’s win through his failed legal challenges to the election results in Pennsylvania.
According to the report, the former New York City mayor violated two legal ethics rules in bringing the lawsuit, which sought to block the certification of votes in the state following Trump’s defeat.
The committee said that one of the rules was violated when he filed the lawsuit in Pennsylvania “when he had no factual basis and no legitimate legal grounds to do so.”
The other rule Giuliani violated was Pennsylvania’s Rules of Professional Conduct, the report said.
“He claimed massive election fraud but had no evidence of it,” the committee wrote.
(SELMA, Texas) — A man initially interviewed as a witness at the scene of a murder has now been arrested over a year later in the apparent road rage slaying, authorities in Texas announced.
Jacob Daniel Serna, 29, was arrested on Thursday for the murder of Joseph Banales, according to police in Selma, located about 20 miles outside of San Antonio.
The case began on April 15, 2023, when Selma police said they responded to a single-car crash and found Banales shot in the head and slumped over his steering wheel.
Banales, a nursing student and Army ROTC member at the University of the Incarnate Word in San Antonio, was declared dead at the scene, police said.
Witnesses said Banales tried to merge into another lane and almost hit a dark blue or black sports car with a loud exhaust system, according to the probable cause affidavit. The sports car slowed down, then spend up along the driver’s side of Banales’ car, witnesses said. Then Banales’ car swerved into another lane and crashed into the center median, and the sports car fled, according to the probable cause affidavit.
Banales was on the phone with his girlfriend at the time; she told police she heard what sounded like a loud exhaust system driving by quickly, then a crash, the document said.
Serna and his wife were at the scene when officers arrived, police said. Officer dashboard camera captured Serna standing over Banales’ body, the probable cause affidavit said.
Serna — who drove a blue Ford Mustang sports car — and his wife were interviewed several times, and their stories changed over time, according to police.
Initially, Serna’s wife told police she saw a blue sports car — similar to the color of their car — in the lane next to Banales, the probable cause affidavit said. Serna told police he didn’t see anything and his wife saw the crash, according to the probable cause affidavit.
This July, police interviewed Serna’s wife again. The Sernas are now separated, according to the probable cause affidavit, and she said her husband had sped up to get a better look at the potential suspect’s car, but the suspect’s car was driving too fast, and that’s when the crash happened, the document said.
On Thursday, police interviewed Serna’s wife again. She admitted her husband shot the victim after her husband “became angry that Banales had nearly changed lanes into his blue Mustang,” police said in a statement on Friday.
She said her husband pulled his pistol out of the glove box, loaded the weapon and fired, according to the probable cause affidavit.
She said she made her husband turn around and drive back to the scene, according to the probable cause affidavit.
During the investigation, police zeroed-in on cellphone records to help determine “who could have been driving a blue sports car at the crime scene,” police said in a statement.
The probe, which included searching license plate reader databases, “revealed only one vehicle matching the description of a blue sports car with loud exhaust” — Serna’s car, police said.
“Google Geo-Fence records show Serna’s Google activity pinging in the area at the same time investigators believe the shooting happened,” police added.
Serna has been booked into the Bexar County Jail, police said.
(PHOENIX) — All charges were dropped Thursday against Tyron McAlpin, a disabled Black man in Arizona who had been facing charges of felony assault and resisting arrest after a pair of Phoenix police officers punched him and shocked him with a stun gun. McAlpin is deaf and has cerebral palsy.
The incident, which took place on Aug. 19, was captured on both surveillance video and police body-worn camera. The officers said they were investigating an assault at a nearby Circle K, and McAlpin fit the description of the suspect given by a bystander. However, the original description of the suspect was for a white man who had been creating a disturbance in the store. They also claimed that McAlpin became combative and tried to run when they approached him.
McAlpin’s lawyers said the video shows otherwise.
In the video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him 10 times in the head and shocking him with a stun gun four times while yelling: “Get your hands behind your back.” McAlpin’s attorney said he didn’t know what was going on and could not hear the commands.
A union for the department’s officers argued that people should know what to do if a police car comes up and uniformed officers approach and that the officers had to force McAlpin to comply, not knowing he was deaf at the time. The union also said McAlpin took a fighting stance and bit the officers.
“After reviewing all evidence presented, Maricopa County Superior Court Commissioner Nick Saccone determined there was sufficient evidence for the felony charges against the suspect due to his actions against the officers,” Phoenix Law Enforcement Association President Darrell Kriplean said in the weeks after the incident. A Maricopa County judge ruled that there was probable cause for the arrest and that there was cause for the charges.
The Phoenix Police Department said it stood behind its officers and suggested people avoid making judgments about the incident until all the evidence was reviewed. The police department also said that it is investigating the arrest.
On Thursday, Maricopa County Attorney Rachel Mitchell made an announcement that all charges against McAlpin had been dismissed.
“I promised I would personally review the case including a large volume of video recordings, police reports, and other materials that have been forwarded to my office,” she said.
With the support of senior attorneys and after hearing from members of the community, Mitchell said, “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
The incident came after the Department of Justice in June released a report concluding that the Phoenix Police Department engaged in civil rights violations including racial discrimination and bias against the disabled. Their investigation found “systemic problems” within the department’s policies, training, supervision and accountability systems that were “perpetuated” for years.
The DOJ opened its investigation in August 2021 after complaints about use of excessive force among Phoenix police. The department said it welcomed this inquiry to help them understand how they can better serve the community.
(MOSCOW, Idaho) — The suspect in the murder of four University of Idaho students, Bryan Kohberger, returned to court Thursday as the judge weighs whether to change the venue for his trial.
Kohberger’s lawyers hope to move the trial to a different county, arguing the local jury pool in Latah County, which encompasses the college town of Moscow, was tainted by pretrial publicity.
Defense lawyers surveyed Latah County residents and said their results found that the “pressure to convict” Kohberger was shown to be “so severe” the venue couldn’t possibly be impartial.
The defense said one respondent answered they would “burn the courthouse down” if he were not convicted. The same survey, according to the defense, found “much less emotional” responses from people living closer to Boise, where Kohberger’s lawyers suggested the trial be moved.
“The traumatized town of Moscow is understandably filled with deeply held prejudgment opinions of guilt,” defense attorney Elisa Massoth said in a filing this month.
The prosecution has said the case has national and international interest, and that the case has been covered plenty in Boise, so a change of venue would not solve any problem.
Prosecutors argued in a filing this month that the defense “failed to establish that a fair and impartial trial cannot be held in Latah County.”
Victim Kaylee Goncalves’ family wants the trial to stay in Latah County.
To Kaylee Goncalves’ mom, Kristi Goncalves, all Latah County citizens are victims.
She recalled seeing a huge crowd of people, some crying, at the University of Idaho’s healing garden, which opened to the public last week.
The local residents “deserve to have a hand in part of the healing and part of the justice,” she told ABC News Thursday.
“Anybody can find 12 people that can go into that courtroom without their mind made up. It’s America,” added Kaylee Goncalves’ dad, Steve Goncalves.
Moscow Mayor Art Bettge said in a statement last week that, if the case stayed in Latah County, “I firmly believe people would be able to set aside any personal feelings they have … set aside any information they may have read or heard … and make a determination of guilty or not guilty based on the evidence presented in the courtroom and deliberate according to the instructions provided to them.”
The trial is scheduled to start on June 2, 2025, and run until Aug. 29, 2025. Judge John Judge said in June that if the venue changes, the trial date would still hold.
Kohberger is accused of stabbing four University of Idaho students to death in an off-campus house in the early hours of Nov. 13, 2022. Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20, and Goncalves, 21, were all brutally murdered during the break-in.
Kohberger, who was a criminology Ph.D. student at nearby Washington State University at the time of the crime, is charged with four counts of first-degree murder and one count of burglary.
A not guilty plea was entered on Kohberger’s behalf. If convicted, he could face the death penalty.
ABC News’ Sasha Pezenik and Julie Scott contributed to this report.
