Judge says Giuliani faces contempt if he doesn’t turn over property to poll workers
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(NEW YORK) — A federal judge in New York on Thursday raised the possibility of holding Rudy Giuliani in contempt if he fails to turn over property by next week to the two Georgia poll workers he defamed after the 2020 election.
A 90-minute hearing devolved into what the judge called “griping” after a lawyer for former election workers Ruby Freeman and Shaye Moss accused Giuliani of “game playing” and an attorney for Giuliani accused the two women of being “vindictive.”
A federal jury last year ordered Giuliani to pay Freeman and Moss nearly $150 million for defaming them with false accusations that the mother and daughter committed election fraud while the two were counting ballots in Georgia’s Fulton County on Election Day in 2020.
Earlier this week, Freeman and Moss’ attorney claimed that Giuliani had “secreted away” his property after the receivership controlled by the two election workers accessed Giuliani’s apartment, only to find it virtually empty.
The former New York City mayor was given a Nov. 14 deadline to turn over the shares in his Upper East Side co-op apartment, valuable sports memorabilia, a Mercedes-Benz convertible, and luxury watches — including one that belonged to Giuliani’s grandfather.
When defense lawyer Ken Caruso complained that forcing Giuliani to relinquish his grandfather’s watch was “vindictive,” an exasperated Judge Lewis Liman said, “Oh come on!”
“The law is the law and I don’t apply it differently to your client,” Liman said. “Don’t come to me and say something is vindictive.”
The judge was equally unmoved by the defense argument that Giuliani’s car, a blue Mercedes-Benz convertible once owned by the actress Lauren Bacall, was exempt from the judgment because it’s worth less than $4,000.
“Monday the title and keys will be delivered as well as the physical location of the car,” Judge Liman said.
Giuliani also balked at relinquishing about $2 million dollars he is owed for legal worked performed for Donald Trump.
“They wanted that money to make a political statement,” Caruso said.
Liman did not budge and reminded Giuliani of the consequences.
“He is under an unqualified order to deliver all the receivership property to the receiver,” Liman said. “If he doesn’t comply then I’m sure I’ll get a motion for contempt. If he hasn’t delivered, and there is a way in which he could have delivered, he’ll be subject to contempt sanctions.”
Outside court, Giuliani accused Freeman and Moss of bringing a “political vendetta” that was “financed by the Bidens.”
When ABC News asked whether he regretted defaming Freeman and Moss, Giuliani answered “No” before his lawyer stepped in to say the case was on appeal.
(MEMPHIS) — A former Memphis police officer on trial in the beating death of Tyre Nichols texted photos of a bloodied Nichols to his then-girlfriend, she said Wednesday during testimony.
Brittany Leake, an officer with the Memphis Police Department (MPD) who used to date Demetrius Haley, said Haley texted her and one of her family members a photo of Nichols that showed the 29-year-old leaning against a police car, bleeding from his mouth, wearing a torn shirt, appearing dirty and with his eyes closed, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom.
Haley is on trial along with Justin Smith and Tadarrius Bean, who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
“I wasn’t offended, but it was difficult to look at,” Leake said, claiming she deleted the photo, according to WATN.
Leake said she told Haley that Nichols needed to go to the trauma center, according to WATN. She claimed Haley previously sent her other photos from his patrols, including pictures of a burned suspect. Leake testified that she has never sent photos from the job in her two years as an MPD officer because it is against department policy, according to WATN.
Prosecutors on Wednesday also called to the stand Jesse Guy, a former Memphis Fire Department paramedic who cared for Nichols on the scene and in the ambulance that transported him to St. Francis Hospital, according to WATN.
Guy said when he first arrived on the scene, an emergency medical technician (EMT) told him Nichols “just went out,” according to WATN. Guy claimed he heard one of the officers say Nichols took something.
Guy testified that Nichols was unresponsive, had head swelling, scratches and marks around his neck and blood spilling from his mouth, according to WATN.
“It’s time to go,” Guy told prosecutors he was thinking after Nichols had no pulse and was unresponsive to Narcan, an overdose reversal drug, according to WATN. “I felt like something was going on.”
Guy said he gave Nichols oxygen, intubated him, removed his wet clothes and attempted with no success to defibrillate his heart, according to WATN. After giving Nichols epinephrine, more oxygen and sodium bicarbonate, Guy said there was still no pulse.
“I was trying to save his life,” Guy said, according to WATN.
Guy claimed he decided Nichols must go to the closest hospital to get better care, according to WATN. By the time they arrived at St. Francis Hospital, the former paramedic said they were able to get Nichols’ heart beating again.
Guy noted that when he asked one of the officers involved in the encounter what happened, the officer responded with a sigh.
“Never mind,” Guy said he told the officer because the paramedic thought the policeman was going to give him “B.S.” according to WATN.
Guy said during cross-examination that EMTs on the scene when he arrived had not assessed Nichols and didn’t tell him much about Nichols’ health status, according to WATN.
When defense attorneys asked Guy about information he received from the EMTs who were already on site, Guy claimed that the EMTs told him they heard Nichols moan in response to one of the medics.
Michael Stengel, Haley’s attorney, asked Guy when he knew Nichols was going through a medical emergency, according to WATN.
“When I laid eyes on him,” Guy said.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges. Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
(NEW YORK) — The judge in former President Donald Trump’s criminal hush money case has delayed his sentencing from Sept. 18 until Nov. 26 — after the presidential election.
The decision, issued in a court filing Friday, means Trump will not face consequences for falsifying business records related to a hush payment to Stormy Daniels before voters choose the next president.
Judge Juan Merchan also said he would now rule on Trump’s motion to set aside the verdict on Nov. 12.
Trump is seeking to have the case dismissed on the grounds of presidential immunity, after the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
“The public’s confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion,” Merchan wrote in his ruling Friday. “The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election.”
Merchan appeared to arrive at the decision reluctantly, ruling that sentencing would be “adjourned to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate.”
Merchan’s opinion noted that any conflict was of Trump’s own making as the former president repeatedly sought to delay the proceedings.
“Notably, had Defendant been sentenced on July 11, 2024, as originally scheduled, there would of course have been no cause for delay,” the judge wrote.
Merchan also chided Trump for attempting to bolster his argument with “a litany of perceived and unsubstantiated grievances from previous filings that do not merit this Court’s attention.”
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
He has denied all wrongdoing and has said he will appeal the decision.
(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.
