Judges in Colorado, California to hear arguments over administration’s deportation policies
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(NEW YORK) — Federal judges in Colorado and California are hearing arguments Monday over the Trump administration’s deportation policies as government officials press to remove accused migrant gang members.
In Colorado, a federal judge will weigh arguments over a temporary order the judge issued that bars the Trump administration from removing any noncitizens from Colorado under the Alien Enemies Act, an 18th century wartime authority used to remove noncitizens with little-to-no due process.
A federal judge in San Francisco will consider next steps after that judge last month put a temporary pause on the Trump administration’s plans to end legal protections and benefits for up to 350,000 Venezuelan migrants.
The hearing comes after an appeals court on Friday denied the Trump administration’s effort to block that pause.
The Trump administration last month touched off a legal battle when it invoked the AEA to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
An official with the U.S. Immigration and Customs Enforcement acknowledged that “many” of the men lack criminal records in the United States — but said that “the lack of specific information about each individual actually highlights the risk they pose” and “demonstrates that they are terrorists with regard to whom we lack a complete profile.”
The U.S. Supreme Court, in ruling over the weekend, blocked the AEA deportations of Venezuelan migrants being held in northern Texas after attorneys for the men said the accused gang members were about to be deported without due process.
(BOSTON) — Judge Beverly Cannone denied Karen Read a mistrial in her second murder trial in the killing of her cop boyfriend John O’Keefe on Tuesday.
Attorneys for Karen Read asked the judge to declare a mistrial with prejudice in her second murder trial after prosecutors questioned a defense witness over whether she was aware no dog DNA was found on O’Keefe’s sweater from the night of the murder, in an attempt to discredit the defense’s theory.
Dog bite expert and forensic pathologist Dr. Marie Russell testified that markings on O’Keefe’s arm were caused by dog bites and scratches, supporting the defense’s claim that O’Keefe was attacked by a dog and beaten by other parties before being thrown out into the snow the night of the murder.
Prosecutors — for the first time in this trial — admitted O’Keefe’s sweater into evidence and cited a forensics report that said there was no evidence of dog DNA.
Prosecutors have alleged Read hit O’Keefe with her car outside the home of fellow police officer Brian Albert — causing the marks on his arm — then left him there to die during a major blizzard.
Read is accused of killing O’Keefe in 2022. Read is charged with second degree murder, manslaughter while operating a motor vehicle under the influence and leaving a scene of personal injury and death.
She has denied the allegations and maintained her innocence.
Read’s first murder trial ended in a mistrial after the jury was unable to reach a verdict. At least four jurors who served on her first trial last year confirmed she was found not guilty of murder and leaving the scene.
The prosecution rested last week and the defense began presenting its case.
On Tuesday, prosecutors introduced evidence — O’Keefe’s sweatshirt from the night of the murder — to the defense’s expert witness, asking her if she was aware that holes in the arm of the sweatshirt had been swabbed for traces of dog DNA. The evidence had not been previously presented to this jury.
Before she could answer, the defense objected. After a short sidebar between attorneys and the judge, the jury was removed from the courtroom.
After the jury and the witness on the stand — Russell — left the courtroom, Read’s defense team requested the judge declare a mistrial with prejudice.
“Attorney Brennan — just with regard to Dr. Russell — in open court, in front of the jury, used the concept of DNA in this case. He has introduced it and brought it in for the very first time in front of the jury. He has done so intentionally,” defense Attorney Robert Alessi said Tuesday.
“Based upon that intentional mention, the defense moves strongly, vigorously for a mistrial with prejudice,” Alessi said.
Lawyers for Read argued that during this trial, prosecutors did not call a witness who, in her first trial, testified about the testing of DNA evidence.
“For whatever reason, the prosecution has chosen not to bring that witness in who would testify, perhaps to DNA. As a result of that strategic decision that the prosecution made, there’s been no mention,” Alessi said.
The defense said that it has purposefully not mentioned DNA in the trial so far and it is not permissible for prosecutors to present it now.
“The prosecution has put in the jury’s mind that topic. That is irremediable. That cannot be reversed,” Alessi said.
“The prosecution has to suffer the consequences of its own intentional actions of bringing up that topic,” Alessi said. “The only remedy is a mistrial with prejudice.”
Prosecutors claimed they had always planned on bringing an expert to discuss DNA on rebuttal and argued that asking the defense’s witness about the presence of dog DNA is permissible and essential.
“The defense is on notice that there is no dog DNA in the sweater of John O’Keefe,” prosecutor Hank Brennan said in court Tuesday.
Alessi argued that there was no swabbing of the wounds in O’Keefe’s right arm for DNA. He also argued that there is a series of concerns about the chain of custody of O’Keefe’s sweater.
O’Keefe’s sweater was “left on the floor of the ambulance, left on the floor of the hospital, carried around by Mr. Proctor for weeks maybe even months, not submitted for testing for months,” Alessi said.
“There are huge issues that prevent a fair determination about whether there was even proper determination of whether there was DNA or not,” Alessi said.
Prosecutors argued that the defense had brought up DNA evidence in previous hearings in the case, making it permissible for them to ask a witness about DNA.
After a short recess, the judge allowed prosecutors to continue questioning the witness about the presence of DNA evidence in the sweater.
Russell testified that there are many reasons why there was no evidence of dog DNA in testing, but said the report stating there is no evidence of dog DNA does not change her determination that a dog caused the marks on O’Keefe’s arm.
Russell also pointed to the delay in the testing of the sweater and concerns mentioned about the chain of custody of the sweater.
(MILWAUKEE) — A Milwaukee County circuit judge has been arrested by the FBI over allegedly helping an undocumented immigrant “evade arrest,” according to FBI Director Kash Patel.
Judge Hannah Dugan was arrested on obstruction charges, according to Patel.
“The FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week,” he posted. “We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest.”
This is a developing story. Please check back for updates.
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(TALLAHASSEE, Fla.) —
The son of a local sheriff’s deputy allegedly opened fire near the Student Union at Florida State University in Tallahassee on Thursday, killing two people and injuring six others, authorities said.
The suspect — 20-year-old Pheonix Ikner, a current FSU student — was shot by responders and has been hospitalized, police said. He was taken into custody with non-life-threatening injuries, multiple law enforcement officials told ABC News.
Ikner is the son of a current Leon County sheriff’s deputy, according to Sheriff Walter McNeil. He had access to one of his mother’s personal weapons, which was one of the weapons found at the scene, the sheriff said. It appeared Ikner had a handgun and a shotgun with him, police said.
The suspect’s mother has been a deputy with the department for more than 18 years and “her service to this community has been exceptional,” McNeil said.
The suspect was also a “long-standing member” of the Leon County Sheriff’s Office’s Youth Advisory Council, McNeil said.
He was “engaged in a number of training programs that we have,” the sheriff said, adding, “Not a surprise to us that he had access to weapons.”
The campus has been secured, police said.
Police have not identified the two people killed but said they were not students.
Tallahassee Memorial HealthCare said it’s received six patients, all in fair condition.
Sophomore Paula Maldonado told ABC News she was in class near the Student Union when she heard what sounded like yelling outside.
“Right after, the active threat alarm went off,” she said. “Everyone in my class quickly turned off the lights, put desks to block off the door and hid by the front of the classroom.”
“We were quiet and some were whispering,” Maldonado said. “Some were also crying and helping each other. Like a student next to me told me to put my backpack in front of me to protect myself.”
“A cop came inside and I thought it was the shooter, so it was very scary. But after a couple of minutes another cop came back in and told us to go outside with our hands up, Maldonado said.
Student Daniella Streety told ABC News she was in the building across the street from the Student Union when alert sirens started blaring, and people who were standing outside ran into her building.
Students then fled from the Student Union as law enforcement flooded the scene, she said.
Fred Guttenberg, whose 14-year-old daughter, Jaime, was killed in the Parkland high school shooting in South Florida in 2018, said some of Jaime’s classmates now attend FSU.
“Incredibly, some of them were just a part of their 2nd school shooting and some were in the student union today,” Guttenberg, who has become a gun reform supporter, wrote on social media. “As a father, all I ever wanted after the Parkland shooting was to help our children be safe. Sadly, because of the many people who refuse to do the right things about reducing gun violence, I am not surprised by what happened today.”
President Donald Trump has been briefed on the shooting, according to White House press secretary Karoline Leavitt.
Department of Homeland Security Secretary Kristi Noem said, “My heart breaks for the students, their families, and faculty at Florida State University. There is no place in American society for violence. Our entire nation is praying for the victims and their families.”
FSU said classes are canceled through Friday.
This is a developing story. Please check back for updates.
ABC News’ Olivia Osteen, Sony Salzman and Luke Barr contributed to this report.
