Prosecutors argue there’s no reason to delay sentencing in Trump’s hush money case
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(NEW YORK) — There is no reason to delay the sentencing in Donald Trump’s criminal hush money case as the former president tries to move the case from state court into federal court, the Manhattan district attorney’s office said Tuesday in a letter to the judge overseeing the case.
Trump last week made his second request to push the case into federal court, after he was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Sentencing in the case is currently scheduled for Sept. 18. The former president has also asked the judge overseeing the case, Juan Merchan, to postpone the sentencing until after the November election.
The district attorney’s office declined to take a position on when Trump’s sentencing should occur, leaving it to the discretion of the judge.
However, in their letter Tuesday to Judge Merchan, prosecutors Matthew Colangelo and Christopher Conroy argued that both of Trump’s requests can be handled simultaneously.
“We note that the concerns defendant expresses about timing are a function of his own strategic and dilatory litigation tactics: This second notice of removal comes nearly ten months after defendant voluntarily abandoned his appeal from his first, unsuccessful effort to remove this case; three months after he was found guilty by a jury on thirty-four felony counts; and nearly two months after defendant asked this Court to consider his CPL § 330.30 motion for a new trial,” Tuesday’s letter said.
(LOS ANGELES) — A 4.4 magnitude earthquake rocked the Los Angeles region early Monday afternoon.
The epicenter was located near the city’s Highland Park neighborhood, a few miles north of downtown Los Angeles, according to the U.S. Geological Survey.
The Los Angeles Fire Department said it’s examining transportation infrastructures, apartment buildings, power lines and large places where people gather, like universities and Dodger Stadium.
The Los Angeles Police Department is warning residents to “be prepared for aftershocks” following the “significant” quake.
Cal Tech officials said the quake is believed to be along the lower Elysian Park Fault, but a number of faults are in the area.
This is a developing story. Please check back for updates.
(NEW YORK) — Alabama is set to perform the second-ever nitrogen gas execution in the United States on Thursday.
Alan Eugene Miller, 59, was sentenced to death for the 1999 murders of his then-coworkers Lee Holdbrooks and Christoper Scott Yancy, and his former supervisor Terry Lee Jarvis.
Miller was to be executed in September 2022 via lethal injection, but it was called off after officials had trouble inserting an intravenous line to administer the fatal drugs and were concerned they would not be able to do so before the death warrant expired.
Prior to the botched execution, the state had considered carrying out the death sentence via nitrogen hypoxia, according to the Death Penalty Information Center (DPIC), a non-profit that provides data and analysis on capital punishment.
In November 2022, Alabama officials agreed not to execute Miller by lethal injection again but said if they made a second effort, the state would use nitrogen hypoxia as the method, the DPIC said.
In May 2024, the Alabama State Supreme Court agreed to let the Department of Corrections carry out Miller’s death sentence by nitrogen hypoxia.
The execution is scheduled to take place at the William C. Holman Correctional Facility in Atmore, Alabama, with the window opening on Thursday, Sept. 25 at 12:00 a.m. ET and expiring on Friday, Sept. 27 at 6:00 a.m. ET.
It comes after Alabama became the first state to execute a prisoner, Kenneth Eugene Smith, by nitrogen gas in January of this year.
Nitrogen hypoxia is the term for a means of death caused by breathing in enough nitrogen gas to deprive the body of oxygen — in this case, intended to be used as a method of execution.
The protocol in Alabama calls for an inmate to be strapped to a gurney and fitted with a mask and a breathing tube. The mask is meant to administer 100% pure nitrogen, depriving the person of oxygen until they die.
About 78% of the air that humans breathe is made up of nitrogen gas, which may lead people to believe that nitrogen is not harmful, according to the U.S. Chemical Safety Board.
However, when an environment contains too much nitrogen and the concentration of oxygen becomes too low, the body’s organs, which need oxygen to function, begin shutting down and a person dies.
State officials have argued death by nitrogen gas is a humane, painless form of execution and that the person would lose consciousness within seconds of inhaling the nitrogen and die within minutes.
Three states — Alabama, Mississippi and Oklahoma — have approved nitrogen gas as a form of execution and Ohio lawmakers introduced a bill earlier this year to allow execution by nitrogen gas.
However, medical and legal experts have told ABC News that nitrogen gas as a method for execution is untested and there’s no evidence the method is any more humane or painless than lethal injection.
Dr. Joel Zivot, an associate professor in the department of anesthesiology at Emory University School of Medicine, said he reviewed Smith’s autopsy which showed blueness of the skin, pulmonary congestion and edema, which he says indicated that he died from being asphyxiated “slowly and painfully.”
“If that’s what Alabama thinks is a job well done, well then there seems to be a wide disagreement on what a job well-done means,” he told ABC News. “So, if this is again, what they intend, then they intend to kill him cruelly, and they will intend to kill Alan Miller in the same cruel way.”
Zivot has previously reported analyzing autopsies after lethal injection cases and reports finding that many show signs of pulmonary edema.
Attorney General Steve Marshall described Smith’s execution as “textbook” but Zivot said it’s hard to describe nitrogen hypoxia as “textbook” and that it’s a “proven method” when it’s never been a tested method.
“I recognize that [people were] murdered and that what is at stake here is a very, very serious problem,” he said. “We’re not saying that Kenneth Smith or Alan Miller have become saint-like men as they have been incarcerated. It doesn’t matter whether they’re good or bad at this point with respect to how their punishment should be delivered. That doesn’t give us license to torture them.”
(WEST GLACIER, Mont.) — The body of a 32-year-old climber has been found after an apparent fall a week after he went missing.
Grant Marcuccio’s body was found at around 2 p.m. on Sunday, the National Park Service said this week.
The cause of death is still under investigation, but traumatic injuries and the location of his body indicate he likely fell, according to the NPS.
Marcuccio was found east of McPartland Peak, below the ridgeline between Heavens Peak and McPartland Peak.
His body was transported to the Apgar horse corrals.
Marcuccio was last seen by his hiking party on Aug. 18. He had separated from his party to summit McPartland Peak alone and was planning to meet them again at a designated location.
That evening the hiking party alerted rangers that he never showed up to the meet-up spot.
A search for Marcuccio by land and air began on Aug. 19.
