Judge to make decision on releasing Sean ‘Diddy’ Combs on bail next week
(NEW YORK) — Sean “Diddy” Combs appeared again in a New York City courtroom on Friday as he continues to fight for his release on bail in his racketeering and sex trafficking case.
Combs’ lawyers argued he should be released on bail and placed on home confinement in a three-bedroom apartment on the Upper East Side under 24/7 monitoring by three full-time security professionals, while prosecutors said the hip-hop impresario “cannot be trusted” to follow the rules of pretrial release.
The judge did not immediately rule but said he would have a decision next week.
The defense said it was proposing conditions “far more restrictive” than Combs faces in jail, including limiting phone calls to lawyers, restricting visitors other than lawyers and specific family members, keeping a visitor log and avoiding contact with witnesses or potential witnesses.
“If what the government is afraid of is that Mr. Combs is going to be violent toward someone, there’s just zero chance of that happening,” defense attorney Marc Agnifilo said.
Combs blew kisses to his family and tapped his heart as he entered federal court Friday in a beige jail smock over a white long-sleeve T-shirt. He hugged his attorneys and, once seated, turned in his chair to smile at his mother and children, who were seated in the second row.
Prosecutors reminded the judge “this is a case about violence” and argued the conditions proposed in the defense bail package fell short.
“At bottom, in order for conditions to be sufficient there has to be some level of trust that the defendant will follow them,” prosecutor Christy Slavik said. “Simply put, the defendant cannot be trusted.”
She also questioned the efficacy of a team of private security guards paid for by Combs.
“There is really just no separation for the defendant. You work for him. There’s just no way to trust that any private security firm could do what the court requires and ensure compliance,” Slavik said.
Combs has pleaded not guilty to racketeering conspiracy, sex trafficking and prostitution charges.
His attorneys conceded hotel security camera video obtained by CNN depicted “physical conduct” between Combs and his ex-girlfriend Cassie but argued the video should not be used to keep Combs behind bars.
The defense argued in a filing on Thursday that prosecutors “invented” the narrative using a “manipulated version” of the video. The defense insisted the video did not depict a “freak off,” the name for the sex-fueled parties allegedly held by Combs, but rather showed a domestic dispute in which Combs ran down the hall of the hotel to recover his clothes and cellphone.
“It’s our defense to these charges that this was a toxic end of a loving relationship,” Agnifilo said Friday.
Federal prosecutors said “it was a bit puzzling” the defense brought up the video because Combs does not dispute what it shows.
“The defendant admitted it and apologized for it in a public Instagram post. Shoving, kicking and dragging a female victim,” Slavik said.
(ALBUQUERGUE, N.M.) — A school bus attendant for Albuquerque, New Mexico, Public Schools has been arrested after she was seen in surveillance video repeatedly hitting an autistic student.
Debbie Chavira, 64, is accused of striking the child dozens of times over the course of 10 days, according to an incident report.
Police said Chavira struck the student in his face, torso and arms a total of 59 times between Aug. 26 and Sept. 4. On Sept. 4, school officials reported her after the child showed up “with fresh scratch marks on the back of his neck,” the incident report states.
While investigating the alleged abuse, officials viewed additional surveillance footage, where they say Chavira was seen repeatedly hitting the child over the span of 10 days.
Chavira struck the child “open-handed, closed fisted, and with a plastic (yellow) ‘child check’ sign,” and did so “intentionally and without justifiable cause,” according to the incident report.
Investigators were unable to interview the child due to him “being autistic and non-verbal” and unable to “communicate through writing either,” the report states.
Chavira resigned from her job Sept. 5, according to Albuquerque ABC affiliate KOAT, and was arrested on Oct. 4. She has been released from jail and is now under pretrial supervision.
She has been charged with five counts of abandonment or abuse of a child. A representative could not immediately be found for Chavira.
In a statement to ABC News, Martin Salazar, a spokesperson for Albuquerque Public Schools, said the school district does “not tolerate this kind of behavior.”
“Upon discovering what was happening, we immediately placed bus attendant Debbie Chavira on leave and notified the APS Police Department. APS Police launched an investigation and filed criminal charges. Ms. Chavira resigned shortly after being placed on leave,” Salazar said.
(MEMPHIS, Tenn.) — A former Memphis police officer testified Thursday at the federal trial of three ex-officers facing charges related to the January 2023 beating death of Tyre Nichols that he believes he panicked during the encounter.
“I lost my composure,” Desmond Mills Jr., who pleaded guilty to charges connected to the beating death of Nichols, said when he was asked about accidentally pepper-spraying himself during the encounter, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom. “I felt like I was panicking.”
Justin Smith, Demetrius Haley and Tadarrius Bean 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.
Mills and Emmitt Martin III, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
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.
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.
On Wednesday, Mills reiterated his testimony from the day before that he was angry he sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said on Tuesday, according to WATN. “I didn’t give him a chance to give me his hands.”
Judge Mark Norris told the jury on Wednesday to disregard the emotional part of Mills’ Tuesday testimony, when Mills was asked who used excessive force in the police body camera footage from the night of Nichols’ beating, according to WATN. Mills did not answer the direct question, instead breaking down in tears on the stand.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, who cried during his testimony, according to WATN. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
“We’re praying for everyone involved,” Ben Crump, the civil rights attorney representing the Nichols’ family, said during a prayer vigil Wednesday morning outside the courthouse when asked for his response regarding Mills’ emotional testimony.
Crump said this trial was one of the most emotional trials he has ever attended, a sentiment shared by Antonio Romanucci, his co-counsel.
“In my career, which is now over 40 years,” Romanucci said, “I have never seen such testimony as I did yesterday — police officer who had such contrition,” Romanucci said. “[Former] Officer Mills, without knowing it, just talked about why we’re here, and that’s for accountability.”
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
“The first time I watched the video with my attorney, I couldn’t hold it anymore,” Mills said on Thursday when the prosecution asked him why he pleaded guilty, according to WATN. “I want to make it right.”
Mills agreed with Martin Zummach, Smith’s attorney, during cross-examination on Thursday when he asked if the handcuffs, which were secured to one of Nichols’ wrists at one point during the encounter, could be considered a deadly weapon and could lead to deadly force being authorized by police, according to WATN. The ex-officer also consented that “necessary force” can be very ugly and violent.
Defense attorneys asked Mills on Wednesday about the use of his baton on Nichols, which Mills said on Tuesday he used to hit Nichols three times the night of their encounter, according to WATN.
Mills claimed that he didn’t use the baton to hit Nichols in the head, but admitted that he used it improperly since it’s only meant to be used in self-defense, according to WATN. He said it was the first time he ever used his baton or used excessive force on a suspect.
Mills noted that the use of his baton was not because verbal commands weren’t working on Nichols when asked by the defense, according to WATN.
Mills disagreed with Bean’s attorney when he asked Mills if he was the only one who could intervene to stop the beating, since Mills didn’t have his hands on Nichols that night, according to WATN. The ex-officer claimed that the other officers could have moved Nichols away from the strikes and punches while they held his hands.
Mills admitted to the defense that the reason he changed his statement about what happened that night was because he took a plea deal from prosecutors, according to WATN. He said he lied in earlier statements.
Mills told prosecutors that when he told Lt. Dewayne Smith, his former supervisor, that the arrest was done “by the book,” he only said that to hide what really happened, according to WATN. The ex-officer claimed that there was a mutual understanding that their off-camera conversations would go unreported.
“I needed this job for my wife and kids,” Mills said when the prosecution asked why he was not initially truthful about the encounter. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all,” according to WATN.
Mills said that Haley asked him if Mills’ body camera captured him during the encounter with Nichols.
“I hope I’m not on there,” Mills said Haley told him.
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. After the police encounter, Nichols was transferred to the hospital in critical condition.
“I was going along, either way, [with] the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
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.
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.
“As an officer, I respond to scenes where the victim looks like Mr. Nichols [did after he was beaten],” Mills said. “This was the first time I was a part of it.”
Mills’ cross-examination ended Thursday, according to WATN.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
(CRESCENT, Okla.) — The 28-year-old lab worker investigated alleged wrongdoing at an Oklahoma nuclear fuel facility, and was on her way to meet with a New York Times reporter when she died in a fatal car crash.
Fifty years ago, the death of a 28-year-old plutonium plant worker and whistleblower in Oklahoma — a death many found mysterious and sparked decades of speculation — shocked the nation.
The official story was that Karen Silkwood died in a one-car crash on Nov. 13, 1974. She was on her way to meet a New York Times journalist, reportedly to hand over documents she’d secretly been collecting at her job at a nuclear facility. The Oklahoma State Highway Patrol concluded that Silkwood fell asleep at the wheel — possibly under the influence of prescribed drugs — drove off the highway, crashed into a ditch, and died.
“We’ve never believed it,” Mike Boettcher said of the official narrative. Boettcher and his reporting partner Bob Sands, both veteran Oklahoma journalists, say many in Oklahoma speculate that Karen Silkwood may have died for what she knew.
Silkwood’s story has become widely known, inspiring several books, articles, and a major motion picture.
ABC Audio’s new podcast, “Radioactive: The Karen Silkwood Mystery,” hosted by Boettcher and Sands, explores the secrets Silkwood was uncovering and what some say is the mystery surrounding her death.
Silkwood worked at a nuclear fuel production plant that manufactured plutonium fuel rods to power a new type of nuclear reactor, which was part of a multi-million dollar experiment to enhance nuclear energy. When she noticed what she felt were unsafe working conditions — such as leaks, spills and co-workers frequently getting contaminated with radioactive material — she spoke up and tried to make improvements.
“Karen became nuclear energy’s first whistleblower, though the term whistleblower was just starting to be used,” Boettcher said. “This was at a time when the idea of someone inside of a big corporation exposing alleged misdeeds was shocking.”
Silkwood’s allegations, contamination, and untimely death sparked an investigation by the Oklahoma Highway Patrol, an FBI inquiry, a civil lawsuit, several appeals, a congressional hearing and two appearances before the U.S. Supreme Court.
Several news outlets investigated the matter, and Silkwood’s story gained significant attention in 1983 with the release of “Silkwood,” a movie based on her life. In a performance that earned her an Oscar nomination, Meryl Streep portrayed Silkwood in the film.
For fifty years, this story has been one Boettcher and Sands say they can’t get out of their minds. Suspicion of foul play has swirled around it for decades: What had Silkwood uncovered? Who had she upset? Why did her car crash into a concrete wall? Was a second vehicle involved?
“There are fewer and fewer people alive to share what they know from the night Karen died,” Sands said. “Many of the people who worked with Karen in the plant are dead.”
However, Sands and Boettcher have new leads — never-before-heard investigative tapes, a fresh look at a critical piece of physical evidence. Plus, they tracked down people who can illuminate who Karen was and what she was uncovering about her workplace.
The duo first spoke with Michael Meadows, Silkwood’s son. He was only 5 years old when his mother died. “There’s never been a definitive answer,” Meadows said. “Both sides … told a very different story that night of what happened, and as her son, I would like to have a definitive answer of what really took place.”
Instead of cherished memories of his mother, Meadows was left with black-and-white photos, newspaper clippings and police reports. When he tries to picture what his mom was like, the image that comes to mind is Streep’s portrayal.
“The fact that … there’s still so many people afraid to tell what they know or what they’ve heard,” Meadows said. “It’s amazing to me that 50 years later, a company that barely even exists, if it does exist at all …still has that kind of control or that kind of intimidation.”
That company was Kerr-McGee, named after its influential leaders Robert Kerr and Dean McGee. It doesn’t exist anymore. But, in the early ’70s, Kerr-McGee was a giant in Oklahoma and in America’s oil and gas industry.
So, for Silkwood, going against her employer would be a steep hill to climb. The company maintained that allegations of malfeasance were overblown and some claims even made up by overzealous union workers.
Steve Wodka met Karen Silkwood in the early ’70s as a young staff member for the Oil, Chemical and Atomic Workers Union (OCAW), which represented Silkwood and other plant workers.
Wodka recently retired from his career as an attorney advocating for people with work-related cancer. Living in a small New Jersey beach town, he spends his time trying to figure out what happened to Silkwood 50 years ago.
Silkwood had alerted him to possible problems at the plant and the union was concerned about worker safety.
“The belief is that intense radiation that goes on essentially for the rest of the person’s life causes lung cancer,” Wodka said. “So the handling of plutonium is supposed to be very strict… There’s always supposed to be a barrier between the worker and plutonium. And what was going on in this plant was that barrier was being breached on a daily basis.”
Silkwood raised some even bigger concerns about possible wrongdoing at the plant — that important quality control reports were reportedly being falsified. Concerns that, if true, meant the health and safety of a lot more people was at risk, well beyond people who worked at the plant.
The company denied contamination allegations and maintained that Silkwood was involved in a scheme to embarrass the company and improve the bargaining position of the union.
Silkwood never made it to that meeting, but after her death, interest in her story put a spotlight on the claims she was trying to make.
Boettcher, Sands, and others connected with Silkwood’s story, continue to probe for answers in a case that feels unfinished.
“Radioactive: The Karen Silkwood Mystery” is a production by ABC Audio in collaboration with Standing Bear Entertainment. Listen to the four-part podcast series for complete coverage.