Menendez brothers latest: LA DA to petition Gov. Newsom for clemency
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(LOS ANGELES) — Los Angeles County District Attorney George Gascón is supporting the Menendez brothers’ new effort to petition California Gov. Gavin Newsom for clemency, which would reduce their sentence or grant a pardon, ABC News has learned.
Gascón plans to submit a letter to that effect by the end of the day Wednesday.
Lyle and Erik Menendez were sentenced in 1996 to two consecutive terms of life without parole.
While prosecutors alleged they killed their parents for money, the defense argued the brothers acted in self-defense following years of sexual abuse by their father.
Besides the new clemency route, the brothers have two other possible tracks to freedom.
One path is through resentencing.
Gascón announced last week that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
“We appreciate what they did while they were in prison,” Gascón said at a news conference of the brothers. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation will go before a Los Angeles Superior Court judge, and if the judge agrees, the decision will next be in the hands of a parole board.
The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from a former member of the boy band Menudo, who is alleging he was sexually abused by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could reverse the convictions or reopen proceedings.
Officials in the DA’s office told ABC News they are “keeping an open mind” to reducing the conviction to a lesser charge based on the new evidence.
(LONDON, Ky.) — As a massive search continued Monday afternoon for the suspect in a Kentucky interstate shooting that injured five people and left a dozen vehicles with bullet holes, an arrest warrant released by authorities alleges the fugitive gunman sent a woman a text message threatening to “kill a lot of people” about a half hour before highway rampage.
The suspect, 32-year-old Joseph A. Couch, was also allegedly involved in a domestic dispute on Saturday morning and legally purchased an AR-15 rifle and ammunition at a gun store hours before allegedly opening fire on vehicles traveling on Interstate 75 near London, Kentucky, law enforcement officials told ABC News.
According to an arrest warrant, Couch is wanted on charges of attempted murder and first-degree assault.
Before the interstate shooting, according to the arrest warrant, a Laurel County 911 dispatcher received a call from a woman who alleged Couch texted her before the interstate shooting and “advised he was going to kill a lot of people. Well try at least.” The text message was sent to the woman at 5:03 p.m. Saturday, about a half-hour before the interstate shooting started, according to the arrest warrant.
“Couch sent another message to [the woman] that read, in part, ‘I’ll kill myself afterwards,” according to the arrest warrant.
London city officials told ABC News the woman Couch texted is the mother of his child.
Details of the domestic dispute that allegedly involved Couch were not disclosed.
Couch allegedly purchased a Cobalt AR-15 rifle with a mounted sight and 1,000 rounds of ammunition for $2,914 at a London, Kentucky, gun store on Saturday morning, according to the arrest warrant.
Saturday’s interstate shooting unfolded around 5:30 p.m. local time on I-75 at Exit 49, about eight miles from London, officials said.
At a news conference Sunday night, Laurel County Sheriff’s Cmdr. Richard Dalrymple estimated that 20 to 30 rounds were fired at vehicles in both the north and southbound lanes of I-75, from a hillside near Exit 49. At least 12 vehicles were struck by gunfire, leaving five people with gunshot wounds, including one victim who was shot in the face, officials said.
The five victims suffered serious but non-life-threatening injuries, authorities said.
Authorities initially said seven people were injured in the incident.
Officials said they do not believe any of the victims of the shooting were targeted.
State police announced Monday that a $5,000 reward is being offered for information leading to an arrest of the suspect.
A silver Toyota SUV registered to Couch was found abandoned on a forest road in the dense woods near Exit 49, according to the arrest warrant issued for Couch. A Cobalt AR-15 rifle believed to have been used in the shooting and a green army-style duffle bag containing ammunition and several magazines were discovered in roughly the same area, according to the arrest warrant. The duffle bag had “Couch” handwritten on it, according to the warrant.
Investigators believe that the suspect was unprepared for a long period of trying to evade law enforcement in the woods because he left his gun, ammunition and vehicle behind. There is no indication, so far, that Couch had any type of stash of supplies that would enable him to disappear into the rugged terrain, investigators said.
Couch was initially named as a person of interest in the shooting, and the sheriff’s office released his photo and said he was “considered armed and dangerous.” On Sunday afternoon, Laurel County Sheriff John Root announced that Couch had been upgraded to the primary suspect.
Root said Couch has an address in Woodbine, Kentucky, and the sheriff’s office described him as about 5-foot-10 and 154 pounds.
According to military records, Couch served as a member of the U.S. Army Reserve from March 2013 to January 2019. Records show he was part of an Army Reserves engineering company, the 979 Engineering Company, based in Lexington.
More than 150 law enforcement officers are participating in the search for Couch.
Authorities are focusing their search in the area of Exit 49, although they have also investigated reported sightings of Couch in other areas of Laurel County and outside the county, officials said.
The area around Exit 49 is the most remote area of I-75 and the terrain is densely wooded and rugged, Kentucky State Police Trooper Scottie Pennington said at a news conference Monday afternoon.
“We’re in the Daniel Boone National Forest; this is thousands and thousands of acres. It’s kind of like a jungle,” Pennington said.
Pennington said the plan is to continue applying pressure on Couch to “wear him down.”
“Hopefully he has no water and nothing to eat,” Pennington said.
London Police Department Assistant Chief Bobby Day told ABC News that the area authorities believe Couch is hiding in has an extensive cave system and that the search has included underground caves.
At least nine Kentucky school districts and a community college campus closed Monday due to safety concerns stemming from the search for Couch.
“Student and Staff safety is a priority in the Laurel County Public Schools; therefore, out of an abundance of caution, school is canceled for tomorrow, Monday, September 9, 2024,” the Laurel County Public School said in a statement Sunday night.
ABC News’ Darren Reynolds and Luis Martinez contributed to this report.
(NEW YORK) — Meeting an exotic animal at a public attraction can fill us with wonder, but critics say that this can also be dangerous. Dana Garber said she had just such an encounter at the Endangered Ark Foundation in Hugo, Oklahoma, in 2021.
She thought their family trip would be a once-in-a-lifetime opportunity to get close to the world’s largest living land animals.
“It was my youngest son’s birthday,” she told ABC News. “It seemed like for his birthday, it was a wonderful thing. Something we could do as a family.”
The foundation advertises itself as a sanctuary for retired circus elephants, making them a popular attraction in the state.
“I was under the impression that this was a place that was a good place for these elephants to live out their lives after their circus life,” Garber said.
Their day kicked off with the elephants, along with their handlers, greeting the family by bringing them breakfast, according to Garber. Afterwards, she recalled that they fed the elephants graham crackers over a metal fence.
“We were encouraged to pet them,” she said. “We were encouraged to go up to them.”
She recalled taking photos as she says an elephant grabbed her father-in-law with its trunk. She took more photos as she said her husband distracted the towering animal with graham crackers so it would let go of his father. However, to her horror, she said that the same elephant then grabbed her as she tried to walk past it.
“I can tell you that it felt like an anaconda,” she said, referring to the species of snake that constricts its prey. “I was being squished and held very tightly, after the elephant grabbed me and kind of swung me and thrashed me to the ground.”
Garber isn’t alone in claiming to have been injured by an exotic animal at a public attraction. ABC News reviewed government records, lawsuits and local reports to find at least 150 people over the past decade who have alleged they were injured during exotic animal encounters in the U.S.
After the incident, Garber noted that foundation staffers rushed to her aid, offering her ice. She says no one, including her, realized how seriously she had been injured. However, she said her husband — a radiologist — grew increasingly concerned over time.
“He said I wasn’t speaking coherently,” she said. “And at that point, he decided we have to get her immediately to the emergency room.”
Garber said scans revealed the extent of the damage to her knee.
“It had a lateral and a medial tibial plateau crush injury,” she said. “That along with the head injury.”
She told ABC News it has taken almost two years and multiple surgeries for her to regain function of her leg.
In the process of sorting out some of the medical bills, Garber said she reached out to Endangered Ark Foundation to get in touch with their insurance company. She said the company left a voice message suggesting she fell at their location.
“All kinds of hairs stood up on the back of my neck,” she said. “There is absolutely no way that you can get the kind of injury I sustained just by falling.”
Garber eventually filed a lawsuit, which they settled out of court without any admission of wrongdoing by Endangered Ark Foundation. The company told ABC News that they strongly refute all allegations.
“The family of Mrs. Garber continued to enjoy a full day at the foundation after the alleged incident,” it said in a statement.
Since the day she said she sustained her injuries, Garber claims to have discovered that some of the elephants at the sanctuary aren’t retired at all, and are allegedly still performing under a license for a circus called Carson & Barnes. The founders of that circus opened up the Endangered Ark Foundation in 1993 to serve as a retirement ranch for circus elephants, they say.
The circus didn’t respond to ABC News’ request for comment.
“I was under the impression that this was a true reserve and that these elephants were retired elephants that we would be seeing,” Garber said.
The Endangered Ark Foundation is one of at least 900 facilities in the U.S. that offers human interactions with wild or exotic animals as part of their business. According to critics, some of these places — known as roadside zoos — are not accredited by the Association of Zoos & Aquariums and many have a bad track record in their treatment of animals.
In 2020, the Netflix series “Tiger King” shined a light on several such locations — particularly the since-shuttered Greater Wynnewood Exotic Animal Park, which was founded and owned by Joe Exotic.
In the wake of “Tiger King,” the Big Cat Public Safety Act was enacted in 2022. The law prohibits public contact with big cats and the new breeding of cubs for private possession.
The Humane Society of the United States, a nonprofit organization that focuses on animal welfare, investigated Exotic’s Oklahoma roadside zoo years before “Tiger King” made him infamous.
Humane Society CEO Kitty Block said her organization often steps in to investigate these facilities because the Department of Agriculture (USDA), which is charged with overseeing them, is either too slow or does too little to act.
The Humane Society highlighted Tiger Safari in Tuttle, Oklahoma, as an example. They first recorded undercover footage of people interacting with tiger cubs there in 2014, after which the USDA filed a complaint and fined the zoo $15,000.
At the time, the founder Bill Meadows told local news outlets that his park was among the cleanest in the state and that the animals were treated well. He claimed the negative publicity came because the Humane Society wanted to cut out private zoo ownership, and that his zoo had corrected the USDA citations.
However, the Humane Society returned in 2021 and discovered that the facility had moved on to promoting interactions with other animals, including otter cubs.
The USDA cited them again for causing “unnecessary discomfort.” In total, the USDA has cited Tiger Safari at least 90 times in the past decade for issues like inadequate vet care and unsanitary conditions.
Tiger Safari did not respond to ABC News’ request for comment.
“The USDA is not even enforcing the meager standards that are there,” Block told ABC News. “They are stretched too thin.”
The USDA told ABC News, in part, that they take enforcement of the federal law seriously, and that they “work with facilities to ensure they comply.”
The agency said that if a facility is consistently unable to achieve compliance, that they are referred for investigation to determine if enforcement actions like “license suspension and revocations” are appropriate.
Advocates said it’s often their responsibility to work to shut such places down. In 2020, Special Memories Zoo in Wisconsin was sued by the Animal Legal Defense Fund for violating the Endangered Species Act. It also alleged that the zoo violated state law by “operating as a public nuisance because it was violating animal cruelty laws.”
A month after the lawsuit was filed, the zoo announced it would close and begin transferring animals to different facilities. However, a fire broke out and allegedly revealed serious neglect of its animals.
Police were dispatched to the property, and footage from their body cameras shows the officers discussing how several of the animals had starved to death before the flames erupted.
Instead of going to roadside zoos to see animals, advocates recommend doing so at locations accredited by the Association of Zoos & Aquariums, a nonprofit dedicated to the advancement of zoos and public aquariums in the areas of conservation, education, science, and recreation.
The Smithsonian Zoo in Washington, D.C., is one such facility, and it maintains a strict no-touch policy with its Asian elephants. Dana Garber agreed with this approach.
“I could’ve died. I don’t want that to happen to someone else’s family,” she told ABC News. “This is going to be with me forever, I will never be able to fully move on from this.”
ABC News’ Jessica Hopper and Laura Coburn contributed to this report.
(NEW YORK) — On a recent Sunday night in Virginia, Henrico County registrar Mark Coakley was waiting for the start of the Cowboys-Steelers NFL game that was delayed due to inclement weather.
Coakley was scanning X, formerly known as Twitter, when he came across a post by the platform’s billionaire owner, Elon Musk, who is a vocal Trump supporter. Musk had reposted a tweet from 2023 that falsely claimed that “election integrity leaders in Virginia” found fraudulent votes in Henrico County from the 2020 election.
“Is this accurate @CommunityNotes?” Musk posted in conjunction with the tweet, engaging X’s Community Notes feature that allows users themselves to fact check a tweet.
Coakley, the county’s top election official, scrambled to respond. On Monday morning, the Henrico County’s X account debunked the premise of Musk’s posts in a five-post thread.
“They were uninformed tweets,” Coakley recalled in an interview with ABC News. “Media was calling, friends were calling me.”
The challenge for Coakley: While Musk’s initial post has garnered 27.7 million views, Coakley’s response has received fewer than 100,000. It’s a contemporary spin on the old adage that a lie can travel halfway around the world while the truth is still putting on its shoes.
As Musk has continued to promote false and misleading election information on X, election officials have increasingly confronted him on his own platform. But their reach typically pales in comparison to Musk’s 200 million followers.
“It’s just not a fair battle,” said Larry Norden, a voting expert at the Brennan Center for Justice, a nonprofit think tank.
In Philadelphia, Musk reposted a tweet suggesting that 5,200 voters had registered with the same address. “This is crazy,” Musk commented.
Seth Bluestein, a Philadelphia County Commissioner, replied hours later, tweeting, “The post you shared is spreading disinformation.”
But while Musk’s initial tweet drew nearly 10 million views, Bluestein’s response garnered fewer than 10,000.
Even some Republican officials have confronted Musk on X. Stephen Richer, the GOP recorder in Maricopa County, Arizona, has regularly quarreled with Musk online over alleged election misinformation targeting the state — and has even offered to connect with Musk in person.
“On every previous post you’ve made about Arizona elections (all of which have been wrong, but you’ve never corrected any of them), I’ve offered my office as a resource to you (and anyone) who wants actual answers to these questions,” Richer told Musk in a post in September.
Sam Woolley, a disinformation researcher at the University of Pittsburgh, said Musk has treated X as his own “bully pulpit” to support Trump and denigrate the election system since taking control of the company in 2022.
“This is certainly a case of a very powerful individual using not only his ownership of the platform but also his ability to control massive swaths of engagement on the platform for his own benefit and for the benefit of his political allies,” Woolley said.
Not only are the misinformation narratives promoted by Musk “corrosive to democracy,” Norden said, but the time and energy required to rebut them might actually undermine election officials’ ability to execute their other election-related work.
“It’s distracting,” Norden said. “We are putting a huge load on election officials, and if, on top of that, they have to respond to a guy who boosts his own content on his own network to spread lies, it’s distracting from the essential work that they need to do. That is troubling.”
Musk did not respond to a request for comment from ABC News.
Despite the enormous online reach of the world’s richest man, at least one election official has managed to match it: Jocelyn Benson, the secretary of state in Michigan.
After Musk suggested on X that there are more registered voters in the state than eligible voters, Benson shot back.
“Let’s be clear: @elonmusk is spreading dangerous disinformation,” Benson wrote. “Here are the facts: There aren’t more voters than citizens in Michigan. There are 7.2 million active registered voters and 7.9 citizens of voting age in our state.”
Musk’s initial retweet received some 32 million views.
But Benson’s response topped it, getting 33.5 million.
