Manhattan DA to propose next steps in Trump’s criminal hush money case
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(NEW YORK) — Manhattan District Attorney Alvin Bragg is expected to propose the next steps in Donald Trump’s New York hush money case Tuesday after the “unprecedented circumstances” of the former president’s election following his conviction on 34 felony counts earlier this year.
Trump’s sentencing in the criminal case is tentatively scheduled for Nov. 26, though defense attorneys have urged New York Judge Juan Merchan to dismiss the case ahead of Trump’s impending inauguration.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” defense attorney Emil Bove told the court last week.
Since July, Trump’s attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled “glaring holes in their case” with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.
Trump’s lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take “lawful steps to avoid or minimize disruptions” to the presidential transition.
While prosecutors have argued that the Supreme Court’s ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump’s conviction, they haven’t publicly signaled a position on the upcoming sentencing since Trump’s election.
Prosecutors requested additional time to advise the court about the “appropriate steps going forward” based on the impact of Trump’s victory.
“The People agree that these are unprecedented circumstances,” prosecutor Matthew Colangelo told the court last week.
Following the joint request for additional time, Judge Merchan delayed his ruling on how the Supreme Court’s presidential immunity decision impacts Trump’s case, which he originally planned to release last week.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
An ABC News graphic shows the expected path of a tropical storm in the Gulf of Mexico on Monday, Sept. 9, 2024. — ABC News
(NEW YORK) — A tropical system churning in the southern Gulf of Mexico is forecast on Monday to become Tropical Storm Francine as it moves toward a Wednesday landfall in Louisiana, the National Hurricane Center said.
A Tropical Storm Watch has been issued for parts of Texas, with the expectation that hurricane watches could be issued later today for parts of the Gulf Coast.
The storm is forecast Tuesday night into Wednesday morning to significantly strengthen into a Category 1 hurricane with winds near 80 mph.
The storm could then make landfall in western Louisiana late Wednesday afternoon or early evening, as a possible Category 1 hurricane, weather officials said.
Storm surge, rainfall flooding and hurricane wind gusts are forecast from Port Arthur, Texas, to Lake Charles, Louisiana, officials said.
A foot of rain is forecast for parts of Louisiana, with up to a half a foot in eastern Texas.
Heavy rain with flood threats is expected to spread into New Orleans and north into the Mississippi River Valley and Mid-South, all the way to Jackson, Mississippi, and even into Memphis, Tennessee, by Thursday, officials said.
(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.
Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — 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.
Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.
Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.
Martin and Desmond Mills Jr., the two 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.
Martin said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.
Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.
In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.
Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.
Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.
Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.
Body-camera footage shows that Nichols fled after police pulled him over 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 — three days later. 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.
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.
(NEW YORK) — Two boys, ages 12 and 13, have been arrested and charged in a street attack last week on former New York Gov. David Paterson and his 20-year-old stepson that unfolded on Manhattan’s Upper East Side, according to officials.
The two children, whose names were not released, were arrested around 8 p.m. Saturday after turning themselves in at a police precinct with their parents, the New York Police Department said.
A third child initially wanted in the attack also turned themself in but was not charged after officers determined he was not involved, officials said.
The 12-year-old suspect was arrested on a charge of second-degree gang assault while the 13-year-old was charged with third-degree gang assault, according to the NYPD.
“Governor Paterson and his family are glad to see the suspects turned themselves in,” Sean Darcy, spokesperson for Paterson, told New York ABC station WABC. “We hope that the young people involved learn something from this unfortunate encounter.”
The attack occurred around 8:35 p.m. on Friday on 2nd Avenue near 96th Street on the Upper East Side of Manhattan, according to the NYPD.
The confrontation began as a “verbal altercation” between the suspects and the 70-year-old former governor and his stepson, the NYPD said. Police initially said that up to five suspects were involved in the attack.
The suspects had had “a previous interaction” with the stepson, Paterson’s spokesperson told WABC, noting that the attack took place near the victims’ home.
The suspects hit the victims in the face and body, police said.
Paterson and his stepson managed to fight off the attackers, the spokesperson said, and the suspects fled on foot, according to police.
The investigation of the attack is ongoing and more arrests could be made, police said.
Paterson and his stepson were both taken to the hospital in stable condition, police said, and they’ve since been released, the former governor’s spokesperson said.
Paterson, a Democrat, served as governor of New York from 2008 to 2010. He was New York’s first African American governor and the nation’s first legally blind governor.
ABC News’ Matt Foster and Emily Shapiro contributed to this report.
