NYC Mayor Eric Adams seeks dismissal of bribery charge brought by ‘zealous’ prosecutors
Eric Adams, mayor of New York, exits federal court after his arraignment in New York, US, on Friday, Sept. 27, 2024. — Michael Nagle/Bloomberg via Getty Images
(NEW YORK) — The bribery charge against New York Mayor Eric Adams is “extraordinarily vague” and brought by “zealous prosecutors” who spent years “casting about” for something to support a criminal case against the mayor, a defense attorney said Monday in a new court filing.
Federal prosecutors accused Adams of accepting more than $100,000 in airline upgrades and luxury hotel stays from Turkey and, in 2021, when a Turkish official told Adams it was “his turn,” Adams allegedly pressured the New York City Fire Department to rush a safety inspection of the new Turkish consulate in Manhattan.
Adams was arraigned on the charges on Friday. He pleaded not guilty one day after the indictment was unsealed.
The mayor’s attorney, Alex Spiro, argued on Monday that the alleged scheme “does not meet the definition of bribery” because the indictment does not say Adams agreed to perform any official act in exchange for the travel perks.
“Rather, it alleges only that while serving as Brooklyn Borough President — not Mayor or even Mayor-elect — he agreed generally to assist with the ‘operation’ or ‘regulation’ of a Turkish Consulate building in Manhattan, where he had no authority whatsoever,” Spiro wrote in a motion to dismiss the bribery count.
The defense suggested what Adams is accused of doing is routine, not criminal.
“That extraordinarily vague allegation encompasses a wide array of normal and perfectly lawful acts that any City official would undertake for the consulate of important foreign nation,” the motion said. “The three innocuous messages Adams allegedly sent to the Fire Commissioner here fall far short of the kind official act necessary for bribery.”
Adams has pleaded not guilty to all five counts he faces. He is due back in court on Wednesday.
Spiro said the other four counts should also be dismissed.
(CRESTVIEW, Fla.) — A circuit court judge granted a former Florida deputy $100,000 bond for pre-trial release on Thursday in connection with the shooting death of U.S. Air Force Sr. Airman Roger Fortson who was killed in his own home in May.
Eddie Duran, 38, was denied pretrial release in his first court appearance on Tuesday at the Okaloosa County Circuit Court. In Thursday’s hearing, Duran, who appeared before a judge, avoided the $250,000 bond amount asked by the state but was denied the $10,000 requested by his attorneys, according to local ABC affiliate WEAR.
The Okaloosa County Circuit Court ruled that Duran cannot possess any firearms, come into contact with Fortson’s family or leave the First Judicial Circuit area of Florida, WEAR reported. The court did not require Duran to wear a GPS monitor, the report noted.
“Former Okaloosa Deputy Eddie Duran, his family, and our entire defense team extends condolences to the family and friends of Airman Roger Fortson as they mourn his tragic death,” Rod Smith, Duran’s attorney, said in a statement to ABC News after the hearing Thursday. “There will be no doubt that on May 3, 2024, Airman Fortson knew of, and was plainly angered by, the presence of law enforcement at the front door of his apartment. It was Airman Fortson who, after being made aware that a law enforcement officer was at his door, chose to arm himself with a semi-automatic pistol before responding to the deputy.”
Duran’s arrest on Monday came after the Florida state attorney filed one count of manslaughter with a firearm against him last Friday. The charge carries a maximum sentence of 30 years.
Fortson, 23, was in his home in Fort Walton Beach, Florida, on May 3 when Duran responded to the apartment for a call reporting a domestic disturbance, according to the Okaloosa County Sheriff’s Office. Fortson was alone in the apartment at the time, police said.
In body-worn camera footage released by the sheriff’s office, Fortson is seen holding a gun in his right hand with his arm extended downward and the muzzle pointing at the floor as he opens the door in response to the deputy, who can be heard announcing twice that he’s with the sheriff’s office.
The footage, reviewed by ABC News, also shows Fortson had his left hand up, palm showing, gesturing towards the deputy when he opened the door. Duran shot Fortson within seconds of the door opening, according to the footage. Fortson died of his injuries.
The deputy said he saw Fortson armed with a gun and claimed that Fortson took a step toward the deputy and had a look of aggression in his eyes, according to an interview Duran conducted with the sheriff’s office during their subsequent investigation.
“We believe very strongly that he’s entitled to a good defense, and we look forward to our day in court,” Smith, who joined the case as part of the defense team for the nonprofit Florida Deputy Sheriffs Association, told ABC News in a phone call prior to the hearing on Thursday. “We strongly dispute the decision by the office of the state attorney to file on this case. Our view of the evidence does not support that he committed a crime defending himself, standing his ground while trying to enforce the law.”
Duran was terminated in May, according to a May 31 sheriff’s department statement obtained by ABC News.
Fortson’s girlfriend, who asked not to be identified due to fears for her safety, spoke in May to Atlanta ABC affiliate WSB-TV, telling the station her and Fortson were having a conversation on the phone when the shooting occurred.
“We continue to wish Mr. Fortson’s family comfort and peace, as the former deputy’s criminal case proceeds,” the Okaloosa County Sheriff’s Office previously told ABC News in a statement. “We stand by our decision to terminate Mr. Duran as a result of the administrative internal affairs investigation that found his use of force was not objectively reasonable.”
A sweep of the home did not find another person in the apartment besides Fortson, police said. In the body camera video, a woman, presumed to be a building manager, explains to the officer that someone in the building notified her of the disturbance and that she called police.
Fortson’s family said in a statement to ABC News last Friday that the charges marked a “first step towards justice” in the case.
“Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family,” the statement said. “Let this be a reminder to law enforcement officers everywhere that they swore a solemn oath to protect and defend, and their actions have consequences, especially when it results in the loss of life.”
According to Smith, Duran will post bond later Thursday.
ABC News’ Sabina Ghebremedhin contributed to this report.
(FLORIDA KEYS, Fla.) — Hurricane Rafael, now a powerful Category 2 hurricane, could strengthen into a major Category 3 hurricane later in the day before making landfall in Cuba on Wednesday night.
A tropical storm warning is in effect for the Florida Keys, where heavy rain, gusty winds and even tornadoes are possible on Wednesday and into Thursday morning.
By the weekend, Rafael will weaken as it stalls in the Gulf of Mexico.
Rafael isn’t posing a major threat to the U.S. Gulf Coast, but some of the tropical moisture could move toward the coast and add to the rain from an approaching cold front.
Most models predict Rafael sitting in the Gulf into next week and possibly moving southwest toward Mexico.
Luiz C. Ribeiro for NY Daily News via Getty Images
(NEW YORK) — New York City Police Commissioner Edward Caban is stepping down, he and his attorneys confirmed.
Word of the resignation also came in a letter from Caban’s attorney to City Hall. The resignation is effective Friday.
His resignation comes amid a federal investigation into possible corruption in New York City government that last week saw authorities seize cellphones belonging to Caban and other NYPD officials, according to sources familiar with the investigation.
Caban’s attorneys, Russell Capone and Rebekah Donaleski, said in a statement that they have been informed that Caban is “not a target of any investigation being conducted by the Southern District of New York” and that he “expects to cooperate fully with the government.”
Caban also said he will “continue to fully cooperate with the ongoing investigation.”
“My complete focus must be on the NYPD — the Department I profoundly honor and have dedicated my career to serving,” Caban said in a statement. “However, the noise around recent developments has made that impossible and has hindered the important work our city requires. I have therefore decided it is in the best interest of the Department that I resign as Commissioner.”
In an email to the NYPD obtained by ABC News, Caban did not address the probe directly, only saying he made the “difficult decision to resign” amid “recent developments.”
“My complete focus has always been on the NYPD — the department and people I love and have dedicated over 30 years of service to. However, the news around recent developments has created a distraction for our department, and I am unwilling to let my attention be on anything other than our important work, or the safety of the men and women of the NYPD,” he said in the email. “I hold immense respect and gratitude for the brave officers who serve this department, and the NYPD deserves someone who can solely focus on protecting and serving New York City, which is why — for the good of this city and this department — I have made the difficult decision to resign as Police Commissioner.”
New York City Mayor Eric Adams said during remarks on Thursday that he accepted Caban’s resignation and has appointed former FBI agent and former New York Homeland Security Director Tom Donlon as interim commissioner.
“I respect his decision and I wish him well,” he said of Caban. “Commissioner Caban dedicated his life to making our city safe, and we saw a drop in crime for the 13 of the 14 months that he served as commissioner.”
Federal agents last week also searched the homes of Deputy Mayor Phil Banks, Deputy Mayor Sheena Wright and Schools Chancellor David Banks, according to sources. The FBI seized evidence, including electronics, as part of the searches, according to sources. No charges have been filed.
Federal prosecutors in Manhattan have declined to disclose details about what they are investigating, but sources said one focus involves city contracts and a second involves the enforcement of regulations governing bars and clubs.
Adams, who held the press briefing virtually after testing positive for COVID-19 earlier this week, said during his remarks Thursday that he was “surprised” to learn of inquiries into his administration.
“I take them extremely seriously,” he said. “I’ve spent more than 20 years in law enforcement, and so every member of my administration knows my expectations that we must follow the law.”
The mayor’s chief counsel said last week that investigators had not indicated to them that the mayor or his staff are targets of any investigation.
Adams also insisted last week that he was aware of no “misdoings” by anyone in his administration and pledged cooperation with the ongoing investigation.
“I say over and over again, as a former member of law enforcement, I’m very clear. We follow the rules. We make sure that we cooperate and turn over any information that is needed and it just really would be inappropriate to get in the way of the review while it’s taking place,” Adams said in an interview with CBS New York on Sept. 5. “I am not aware of any misdoings and I’m going to, again, follow the rules and I will continue to tell the team to do that. And that’s what they have been doing, to my knowledge.”
Several high-ranking NYPD officials, including Caban, received subpoenas for their cellphones on Sept. 5, according to sources. The following day, investigators sought the phones of additional police officials, including precinct commanders in Manhattan, and interviewed police officials at a building next to police headquarters, sources said.
“The Department is aware of an investigation by the U.S. Attorney’s Office for the Southern District of New York involving members of service. The Department is fully cooperating in the investigation,” an NYPD spokesman said on Sept. 5, referring additional questions to the U.S. Attorney’s Office, which declined to comment.
Caban’s family has connections to nightlife. Richard Caban, the brother of Edward Caban and a former NYPD lieutenant, owned a now-shuttered Bronx restaurant, Con Sofrito. Edward Caban’s twin brother, James Caban, a former NYPD sergeant, owned a Bronx apartment building that once had a bar on the first floor named Twins.
Caban began his NYPD career in 1991, as a police officer in the Bronx. He rose through the ranks, becoming the NYPD’s first deputy commissioner in 2022.
Adams appointed him as commissioner in July 2023 after Keechant Sewell, the city’s first female commissioner, stepped down.
Following news of the subpoena, City Councilman Robert Holden called on Caban to step down.
“I do think he has to do something because it does cast a bad, deep shadow over the police department,” Holden said on CBS’ “The Point with Marcia Kramer” on Sunday.
“We have to have confidence that he’s staying within the law. He sets an example for the whole department,” Holden said.
