Shooter in 2022 Buffalo mass shooting wants trial moved to New York City
Derek Gee/Buffalo News/Pool via Xinhua
(BUFFALO, N.Y) — Payton Gendron, the teenager who killed 10 Black people at the Topps supermarket in East Buffalo in 2022, claims he cannot get a fair trial in Western New York, so his federal death-penalty eligible case should move to New York City, his attorneys said in a new court filing.
Gendron pleaded guilty in November 2022 to state charges, including domestic terrorism motivated by hate, and is serving a life sentence without the possibility of parole. He faces the possibility of the death penalty if convicted of federal crimes.
His federal trial is scheduled to begin in September.
Gendron’s attorneys argued that “due to the overwhelming amount of pretrial publicity, combined with the impact of this case on Buffalo’s segregated communities of color, it is impossible for Payton Gendron to select a fair and impartial jury in the Western District of New York.”
The lawyers asked for change of venue to the Southern District of New York, encompassing Manhattan, the Bronx and the northern suburbs, because it is “far enough from the local media market to be less impacted by it” and because “the S.D.N.Y. also has sufficient minority representation that has not been directly impacted by the shooting and its aftermath that a diverse and representative jury should be able to be selected.”
There was no immediate comment from federal prosecutors, who would be expected to file their opposition or consent in court papers.
Gendron has separately asked the judge to strike the death penalty as a possible punishment, arguing the decision to seek it had a “discriminatory intent and discriminatory effect.”
The judge has yet to rule.
This is a developing story. Please check back for updates.
(WASHINGTON) — The National Archives on Tuesday released thousands of pages of declassified records related to the assassination of President John F. Kennedy in 1963.
The records were posted to the National Archives’ website, joining recently released records posted in 2023, 2022, 2021 and 2017-2018.
Most of what the government released tonight is not new — in fact, much of what has attracted attention on social media and in news reports has long been in the public domain, except for minor redactions, such as the blacking out of personally-identifiable information of CIA sources or employees, including names and addresses, which have now been disclosed.
But the newly-declassified versions of these documents also shed light on granular details of mid-20th century espionage that the CIA had fiercely fought to keep secret. President Biden and President Trump had accepted those arguments, until now.
Tuesday’s initial release contained 1,123 records comprising 32,000 pages. A subsequent release on Tuesday night contained 1,059 records comprising 31,400 additional pages and key takeaways from the newly released tranche of previously classified records.
Surveillance
Several of the newly-released pages detail how the CIA went about tapping telephones in Mexico City between in December 1962 and January 1963 to monitor the communications of the Soviets and Cubans at their diplomatic facilities, which Kennedy assassin Lee Harvey Oswald visited in the months before the assassination.
The previously-redacted pages spell out specific instructions for CIA operatives on how to wiretap, including the use of certain chemicals to create markings on telephone devices that could only be seen by other spies under UV light.
For decades, the CIA has urged the continued secrecy of these details out of fear that they would reveal the methods of the agency’s spy craft.
Another newly-disclosed portion details CIA surveillance of Soviet embassies in Mexico City and efforts to recruit double agents from Soviet agency personnel — and reveal the names and positions of those who were recruited.
The CIA officials writing these memos tout the efficacy of their efforts, with one trumpeting, “I cannot help but feel that we are buying a great deal for our money in this project.”
The memo also details the CIA’s surveillance of an American man described as a Communist living in Mexico. The bulk of the memo is a listing of phone numbers that were tapped by the U.S. government. This file has long been sought by researchers due to Oswald’s visits to the Soviet and Cuban embassies in Mexico City, but the document includes no mention of Oswald by name.
Cuba and Castro
The material shed new light on U.S. covert activities in Cuba targeting revolutionary leader Fidel Castro.
Unredacted text of a June 1961 memo on the CIA — sent to Kennedy by aide Arthur Schlesinger Jr. — contained harsh criticism of the spy agency just months after its backing of the ill-fated Bay of Pigs invasion.
Some of the other documents also detailed operations to potentially overthrow Castro. One 1964 document showed that two intelligence assets discussed potentially assassinating Castro under the administration of President Lyndon Johnson.
The document said the CIA was allegedly “formerly in favor of such a plan,” but it was “shelved” due to the opposition of Attorney General Robert F. Kennedy.
Another previously released document detailed RFK being briefed on potential plans to kill Castro. “RFK asks to be told before the CIA works with the Mafia again,” a footnote of the document read.
CIA foreign footprint
Schlesinger had also argued to Kennedy that the CIA’s reliance on “controlled American sources” had been encroaching on the traditional functions of the State Department, and that the CIA may have been seeking to infiltrate the politics of America’s allies.
At the U.S. embassy in Paris, for example, Schlesinger wrote that the “CIA has even sought to monopolize contact with certain French political personalities, among them the President of the National Assembly,”
Newly declassified portions of Schlesinger’s notes also revealed the number of CIA sources in Austria and Chile.
RFK killing
The release included 77 documents regarding RFK, with most of the documents relating to his activities as attorney general and senator, totaling about 2,500 pages.
Of those, only two directly mentioned his assassination in 1968. An intelligence document from 1968 — previously released in 2018 — discusses how RFK’s assassination stoked interest in his brother’s assassination and New Orleans District Attorney Jim Garrison’s investigation into the matter.
“The forthcoming trial of Sirhan, accused of the murder of Senator Kennedy, can be expected to cause a new wave of criticism and suspicion against the United States, claiming once more the existence of a sinister ‘political murder conspiracy,'” the dispatch said.
(NEW YORK) — A deadly storm wreaked havoc across the eastern half of the U.S., bringing blizzard conditions to the Midwest, tornadoes to the South and torrential rain to the Northeast — and a new storm is on the move.
In the South, they are cleaning up after the wild weather produced up to 428 damaging storm reports from Texas to Maryland, including at least 14 reported tornadoes.
Three fatalities were reported in Mississippi, according to state officials.
In the Midwest, dangerous whiteout conditions took over roads in Nebraska, Iowa, Minnesota, Wisconsin and Michigan.
The highest snowfall total was in the Upper Peninsula of Michigan, where 2 feet was recorded.
The Twin Cities reported 9.5 inches of snow, marking the biggest snowfall of the season.
In the Northeast, a squall line moved through Wednesday evening, bringing 1 to 2 inches of heavy rain and 50 to 60 mph winds.
The storm now has moved out, but windy conditions remain on the East Coast. Wind alerts were in effect Thursday morning from Georgia to Maine, where wind gusts could top 50 mph.
Meanwhile, a new storm is hitting the West on Thursday before moving east to the Plains, Midwest and then the Northeast.
On Thursday, heavy snow will fall from California to Wyoming. Locally, 1 to 3 feet is possible
Rain will continue for Southern California, including Los Angeles and San Diego, where thunderstorms are possible. There’s not a major threat for flash flooding, but there could be debris flow in wildfire burn scar areas.
On Thursday evening, this storm system will move into the Plains, from Nebraska to Iowa, where several inches of snow is possible.
By Friday morning, some of this snow will move into the Midwest, including Chicago, and parts of the southern Great Lakes. A couple of inches of snow is possible in Illinois, Indiana and southern Michigan.
Friday night, a few rain showers and snow showers are possible in Pennsylvania and New Jersey.
The aircraft went down in the frigid Potomac River, breaking into multiple pieces. The flight — which had departed from Wichita, Kansas — was approaching Reagan National Airport at the time of the collision, officials said. There were no survivors in the crash, officials said.
There were 64 passengers aboard the plane, and three Army soldiers in the helicopter, according to officials.
Among those lost in the crash were 14 people who were returning home from a national figure skating development camp in Wichita, according to Doug Zeghibe, the CEO and executive director for the Skating Club of Boston.
“Skating is a tight-knit community where parents and kids come together 6 or 7 days a week to train and work together. Everyone is like family,” Zeghibe said in a statement.
Here’s what we know about the victims so far:
Vadim Naumov and Evgenia Shishkova
Vadim Naumov and Evgenia Shishkova, a married couple, were killed in the crash, according to the Skating Club of Boston.
Naumov and Shishkova, who were figure skating coaches, were world champions in pairs competition in 1994.
They joined the club in 2017, Zeghibe said.
Jinna Han and Jin Han
Jinna Han, a figure skater, and Jin Han, her mother, were killed in the crash, according to the Skating Club of Boston.
Spencer Lane and Christine Lane
Skater Spencer Lane and his mother, Christine Lane, were among the victims, the Skating Club of Boston said.
Doug Lane, Spencer’s father and Christine’s husband, told WCVB he and his wife adopted Spencer from South Korea.
Spencer Lane, 16, “just had amazing athletic abilities,” and once he got interested in something, “you couldn’t stop him,” his father said.
The teen decided to try skating three years ago after seeing Nathan Chen in the Olympics and “committed himself to it,” his dad said.
Christine Lane, 49, who worked as a graphic designer, was “such a beautiful person” who “just connected with everyone,” he said. She had just gotten her real estate license, and was also a talented quilter and volunteered at a local animal rescue, he added.
His wife would “do everything for her children, including fly to Wichita, Kansas, for a week,” Doug Lane said. “She just gave parenting her all.”
Alexandr Kirsanov
Alexandr Kirsanov was a coach of two of the youth ice skaters on board, his wife, Natalya Gudin, told ABC News.
“I lost everything,” Gudin said. “I lost my husband, I lost my students, I lost my friends.”
Gudin said Kirsanov traveled with two youth skaters to attend a development camp in Kansas this week. Gudin, who also coaches students with her husband in Delaware, said she stayed home to be with their other skaters.
She last spoke with her husband as he boarded the flight on Wednesday, she said.
“I need my husband back,” Gudin said. “I need his body back.”
Samuel Lilley
Samuel Lilley, the first officer on board American Airlines Flight 5342, recently got engaged, his sister, Tiffany Gibson, told ABC News.
“He was an amazing person. He loved people. He loved adventure. He loved traveling. He was excited. He was young. He was so young, and he was excited about life and his future and getting a dog and a house and kids. And it’s just, this is just tragic,” she said.
Samuel Lilley’s former brother-in-law, Greg Gibson, remembered him for his passion for flying and willingness to help others.
Samuel Lilley died on the same flight path his father, Timothy Lilley, flew for years. Timothy Lilley flew Black Hawk helicopters for the Army, transporting passengers over the Potomac River from his base in Virginia.
“We were stationed in Virginia, and [Timothy Lilley] flew that same route back and forth to the Pentagon, over and over and over again until he retired,” Tiffany Gibson said.
Ryan O’Hara
Georgia Gov. Brian Kemp identified one of the victims as Ryan O’Hara.
Kemp offered his condolences to the family of both O’Hara and Lilley, who he said were both from Georgia.
“Both of these young Georgians shared a passion for flight and for serving others, and this terrible tragedy is that much more difficult knowing their lives were cut so unexpectedly short,” he said in an X post. “Marty, the girls, and I ask that all Georgians join us in keeping their loved ones in our thoughts and prayers.”
Ian Epstein
The family of Ian Epstein, the flight attendant onboard American Airlines Flight 5342, is remembering him as a cherished father, husband, brother and stepfather.
“Ian Epstein was full of life. He loved being a flight attendant because he truly enjoyed traveling and meeting new people. But his true love was his family. He was a father, a stepfather, a husband and a brother! He will be truly missed. The family appreciates the outpouring of love and support we’ve received, but at this time we would ask for privacy as we process and grieve our loss,” his family said in a statement.
Wendy Jo Shaffer
The family of one victim, Wendy Jo Shaffer, confirmed she had been on the plane.
“We are devastated. Words cannot truly express what Wendy Jo meant as a daughter, a sister, a friend, a wife and most importantly, a mother. The family is requesting privacy at this time,” the family said in a statement.
Brielle and Justyna Beyer
Brielle Beyer, 12, and her mother, 42-year-old Justyna, were both killed in the crash, according to Andy Beyer, Brielle’s father and Justyna’s husband.
Andrew is left with the couple’s 6-year-old son, he said.
Andy Beyer said his wife and daughter were returning from the U.S. Figure Skating National Development Camp in Wichita, Kansas.
Brielle was a member of the Skating Club of Northern Virginia and beat cancer when she was just 4 months old.
“She was just such a fighter in everything she did,” Andy Beyer said of his daughter, in an interview with ABC News. “She just lived life to the fullest with everything.”
He added, “She was so proud of herself in figure skating for the progress she had made … Making that team was one of her life goals. And she achieved it. And she was just so, so proud of herself.”
He remembered his daughter’s passion and beautiful singing voice.
“She just lit up the house with her wonderful voice,” he said.
Andy Beyer said his wife and daughter had been away for six days for the figure skating camp.
“I missed them… Figure skating at that level, it’s a lifestyle,” he said. “It’s a full family commitment.”
Elizabeth Keys
Elizabeth Keys was a Washington-based attorney who caught an early flight home to go on a date for her birthday with her long-term boyfriend David, who remembered Elizabeth for being the person who always “pushed you to be the best version of yourself.”
Sean Kay
Sean Kay was traveling with his skating coach Alexandr Kirsanov after attending the U.S. Figure Skating’s National Development Camp. His death was confirmed in a statement by Delaware Sen. Chris Coons.
Angela Yang
Angela Yang was traveling with her skating coach Alexandr Kirsanov after attending the U.S. Figure Skating’s National Development Camp. Her death was confirmed in a statement by Delaware Sen. Chris Coons.
Casey Crafton
Casey Crafton was a father to three sons and husband from Salem, Connecticut. His death was confirmed in a statement by Connecticut Gov. Ned Lamont.
Grace Maxwell
Grace Maxwell was an engineering student from Wichita, Kansas who was aboard American Airlines 5432, according to a statement from Cedarville University.
University president Thomas White described Grace as a “thoughtful, quiet student leader” who helped teach other undergraduates about engineering.
She recently signed up to create a hand-stabilizing device to help a disabled child feed himself without assistance from others.
“Grace was a quiet person with a keen interest in helping others through engineering,” said Tim Norman, her adviser.
Olivia Ter
Olivia Ter, 12, was a treasured member of the Tucker Road Ice Rink in Fort Washington, Maryland, who inspired her peers and coaches, according to a statement from the Maryland-National Capital Park and Planning Commission.
She was one of four elite skaters from her region to attend the U.S. Figure Skating National Development Camp in Wichita, Kansas, and earned praise for her ” talent, determination and sportsmanship.”
“The impact of Olivia’s life will continue to resonate in our youth sports community, and she will be sorely missed,” stated Bill Tyler, director of the commission’s Department of Parks and Recreation in Prince George’s County, Maryland.
Kiah Duggins
Kiah Duggins was a civil rights attorney and an incoming Howard University professor.
Duggins was a Wichita, Kansas, native and attended Wichita State University, received a Fulbright grant, attended law school at Harvard and worked as a civil rights attorney.
In the fall, Duggins was planning to begin teaching as a professor at Howard University School of Law.
“As a civil rights lawyer, she dedicated her career to fighting against unconstitutional policing and unjust money bail practices in Tennessee, Texas and Washington, D.C,” a statement from the university said.
Duggins worked to challenge police misconduct, fight cash bail policies, and pursued prison industrial complex abolition, according to her professional biography. She also was a White House intern during the administration of former President Barack Obama.
Lindsey Fields
Lindsey Fields, the president-elect of the National Association of Biology Teachers, was flying from Wichita to D.C. to “advocate for excellence in life science education,” according to the organization.
She was a professor and biology department chair at Butler Community College in Kansas, where she taught anatomy and physiology.
She loved to garden and had a keen interest in wildlife, including restoring native prairie plants, according to her professional biography.
“This is a tremendous loss,” the National Association of Biology Teachers said in a statement. “Please keep Lindsey, the other victims, and their families in your hearts.”
Donna Smojice Livingston, Peter Livingston, Everly Livingston and Alydia Livingston
Donna Smojice Livingston, her husband Peter Livingston, and their daughters Everly Livingston and Alydia Livingston all died in the crash, according to Indiana University of Pennsylvania.
Everly and Alydia were the famed duo behind the “Ice Skating Sisters” Instagram account, and their last photo depicted them near the ice in Wichita.
Jesse Pitcher, 30
Pitcher was one of five members of the United Association of Union Plumbers and Pipefitters killed in the crash, the union said. He was a member of UA Local 5.
“May God bless each of our fallen Brothers, and all those who knew and loved them,” the union said in a statement Friday.
Charles ‘Charlie’ McDaniel, 44
McDaniel was one of five members of the United Association of Union Plumbers and Pipefitters killed in the crash, the union said. He was a member of UA Local 602.
Jonathan Boyd, 40
Boyd was one of five members of the United Association of Union Plumbers and Pipefitters killed in the crash, the union said. He was a member of UA Local 602.
Michael ‘Mikey’ Stovall, 40
Stovall was one of five members of the United Association of Union Plumbers and Pipefitters killed in the crash, the union said. He was a member of UA Local 602.
Alexander ‘Alex’ Huffman, 34
Huffman was one of five members of the United Association of Union Plumbers and Pipefitters killed in the crash, the union said. He was a member of UA Local 602.
