Jan. 6 defendant requests delay in case, citing potential of pardon from President-elect Trump
ABC/Michael Le Brecht II
(WASHINGTON) — President-elect Donald Trump’s election victory is already beginning to elicit requests from his supporters charged in the Jan. 6 attack on the U.S. Capitol for delays in their cases due to the potential they could be pardoned after Trump’s inauguration.
Attorneys for Christopher Carnell, a 21-year-old defendant from North Carolina who was found guilty earlier this year of felony and misdemeanor charges over his participation in the Capitol assault, requested that D.C. District Judge Beryl Howell delay a status hearing in his case scheduled for later this week, citing Trump’s past promises to pardon his supporters.
“Throughout his campaign, President-elect Trump made multiple clemency promises to the January 6 defendants, particularly to those who were nonviolent participants,” their filing said. “Mr. Carnell, who was an 18 year old nonviolent entrant into the Capitol on January 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office.”
The filing further stated Carnell’s attorneys have reached out to Trump’s office to get further information “regarding the timing and expected scope of clemency actions relevant to his case.”
Federal prosecutors have charged more than 1,500 people across the country in the last four years over their roles in the Jan. 6 assault on the Capitol, part of what the Justice Department has described as one of the largest criminal investigations in its history.
The D.C. U.S. Attorney’s office has continued to arrest individuals on a near-daily basis, many of whom have been charged with carrying out violent assaults on police protecting the building.
In addition to Trump’s promises to pardon many of those who participated in the attack, it’s widely expected the ongoing criminal investigation will be shuttered once Trump takes office.
(NEW YORK) — The Christmas and New Year’s holiday period is expected to be the busiest on record for both air and road travel, according to AAA — continuing this year’s trend where every major travel period has set new records.
Here’s what you need to know before you head to the airport or hit the highway:
Air travel
The Transportation Security Administration said it expects to screen nearly 40 million travelers from Dec. 19 to Jan. 2 — a 6.2% increase from 2023.
The Federal Aviation Administration predicts Thursday, Dec. 19, will be the most crowded day to fly, followed by Friday, Dec. 27, and Friday, Dec. 20.
United is planning for its busiest holiday travel period ever, with 9.9 million passengers expected between Dec. 19 and Jan. 6. The airline said it’s adding almost 500 more flights per day during its holiday travel period.
United said it anticipates its busiest days to be: Friday, Dec. 20; Friday, Dec. 27; and Saturday, Dec. 28.
American Airlines said Friday, Dec. 27, and Friday, Dec. 20, are expected to be its busiest and second-busiest days respectively during its holiday period, which runs from Dec. 18 to Jan. 6.
American said it’ll serve more than 6.6 million bags of pretzels during its holiday travel period.
The cheapest days to fly are Christmas Eve and Christmas Day, according to Expedia. The busiest and most expensive days will be from Friday, Dec. 20, through Sunday, Dec. 22.
The most popular Christmas destinations in the U.S. are Las Vegas, New York City and Orlando, Florida, according to Hopper.
Airports in major cities are expected to be the most crowded in the mornings, between 8 a.m. and noon, according to Hopper.
Road travel
About 107 million people are forecast to drive to their holiday destinations between Dec. 21 and Jan. 1 — approximately 2.5 million more people than last year, according to AAA.
The busiest days to pick up a rental car will be Friday, Dec. 20, and Saturday, Dec. 21, according to AAA.
If you’re heading out the door on Dec. 20, the worst travel time is between 1 p.m. and 8 p.m. and the best time is before 11 a.m., according to analytics company INRIX. On Dec. 21, the worst time to be on the road is between 4 p.m. and 8 p.m.; the best time is before 2 p.m.
Traffic will be minimal on Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day, INRIX said.
(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.
(LITTLE ROCK, Ark.) — Shots rang out at the Park Plaza Mall in Little Rock, Arkansas, on Black Friday, leaving three people injured, police said.
The shooting occurred at 1:44 p.m., according to the Little Rock Police Department. The three people who were hurt have injuries that are not believed to be life-threatening, according to police.
Little Rock Mayor Frank Scott Jr. released a statement after the shooting, saying there are two suspects.
“Two individuals today jeopardized the lives and safety of residents and visitors,” Scott Jr. said Friday.
“We are praying for the victims of this incident, and are hopeful they make a full recovery,” he added.
This is a developing story. Please check back for updates.
