Some of RFK Jr.’s views are finding support in some unexpected quarters
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(NEW YORK) — Since being tapped as President-elect Donald Trump’s controversial pick to lead the Department of Health and Human Services, Robert F. Kennedy Jr. has been criticized by medical and public health experts for his anti-vaccine history, his current vaccine skepticism, his take on the COVID-19 pandemic — and by some for his descriptions of fluorinated water. But some of the environmental attorney’s views are also receiving support from some unexpected sources.
On Wednesday, renowned food author Michael Pollan echoed those criticisms — but offered some praise for Kennedy’s criticism of the American food industry, which Kennedy has accused of propagating obesity and chronic disease.
“He’s voicing a critique of the food system that is important,” Pollan told ABC News, while making clear he was drawing a “strong distinction” between Kennedy’s food stances and his medical advice — and that he thinks Kennedy is a “horrible” choice for the job.
Pollan’s comments join a stance taken in recent days by some prominent Democrats who have praised Kennedy for his vows to “Make America Healthy Again,” in part by tackling the food industry — while condemning him for his years working against vaccine health policies.
The comments from Pollan to ABC News came after he shared a seemingly positive article on social media about Kennedy titled, “They’re lying about Robert F. Kennedy Jr.” — a move that prompted Kennedy himself to reply and suggest they work together.
“Thanks @michaelpollan!” Kennedy wrote Thursday on X. “I’d love to work with you to restore our public health agencies to their rich tradition of gold-standard, evidence-based science and Make America Healthy Again.”
Asked if he would take Kennedy up on the offer, Pollan was clear: “No.”
“I’ve got my role to play, and that’s not the role,” he told ABC News.
Kennedy has faced fierce criticism over his claims that vaccines are behind an “epidemic” of diseases in America, and that cavity-fighting mineral fluoride, added in small amounts to some drinking water, is “industrial waste.” Pollan said Kennedy’s stances on vaccines and fluoride “seem nutty” and that he was overall a “horrible” pick to lead HHS.
But Pollan — who has authored multiple books, including several on the effects of food on the human body — offered some praise for Kennedy for his views on ultra-processed food and the overuse of corn and soy.
“He’s injected these issues into the national conversation, and I think that’s a big deal,” Pollan said.
He also praised Kennedy for linking the epidemic of obesity and chronic disease to agricultural policies — a move he said is “really important.”
“I’m looking for glimmers in an otherwise bleak landscape,” Pollan said.
Pollan’s approval of Kennedy’s food stances follows similar praise from some Democrat officials.
Colorado Gov. Jared Polis said he was “excited by the news” that Kennedy had been appointed to lead HHS, writing on X that he was “most optimistic” about Kennedy “taking on big pharma and the corporate ag oligopoly to improve our health.”
He wrote in a subsequent post that “Science must remain THE cornerstone of our nation’s health policy” and said “the science-backed decision to get vaccinated improves public health and safety,” but noted that he is “for a major shake-up in institutions like the FDA that have been barriers to lowering drug costs and promoting healthy food choices.”
Earlier this week, Sen. Cory Booker of New Jersey posted a video on social media about how he has been “raising the alarm of the dangers of our current food system.”
“Food in America is making us sick,” Booker said in the video. Though he did not mention Kennedy by name, Kennedy reposted the video, thanking Booker for his “long history of leadership on this issue.”
Asked by ABC News, Booker said he had not yet made up his mind on Kennedy’s nomination, saying that Kennedy would need to go through the confirmation process and that Kennedy’s stances on vaccines were “very troubling.” He added he was “super skeptical of the Trump administration’s efforts in any way to say that they are going to be doing things to make us more healthy.”
Still, Booker added he was “happy to hear” Kennedy on some of the issues around health, saying, “There’s a growing coalition in America from both sides of the aisle really demanding change. I hope, if the Trump administration is willing to do something right and positive on these issues, I’ll be right there.”
“When it comes to RFK, we’re going to look at the totality of his record, we’re going to evaluate and make a decision, but my focus is trying to block Trump from doing more damage to Americans health, like he did last time,” Booker said.
Pollan, for his part, questioned just how much Trump would let Kennedy make true reforms to the food industry, should Kennedy be confirmed.
“I have my doubts about whether Trump is going to give him authority to do what he wants to do around food,” Pollan said of Kennedy, who over the weekend was in a viral photo eating McDonald’s with Trump and others on Trump’s plane. “Whether he’ll get anywhere, I have my doubts — but I am pleased to see these issues getting talked about.”
(NEW YORK) — A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.
Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.
In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
Bowles told the judge that he became aware of the ammunition — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”
“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”
He also argued the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”
“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”
Special prosecutor Kari Morrissey argued Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.
“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”
“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.
Morrissey argued the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.
“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”
In her order, Marlowe Sommer found that the state did suppress the Kenney interview and the Haag report, but that the defense failed to establish that either piece of evidence is material.
Regarding the Teske-supplied ammunition, the judge found that the state did not suppress or fail to provide her with evidence that could be favorable to her case because the live rounds were available to her and her defense in advance of and during her trial.
Marlowe Sommer also found that the state could not have suppressed other evidence related to the ammunition, including the sheriff’s office’s supplemental report and lapel footage of Teske at the sheriff’s office, before or during the trial because those items were not created until on or after the final day of Gutierrez’s trial.
Teske, a retired officer who lives in Arizona and is a friend of Gutierrez’s father, famed Hollywood armorer Thell Reed, brought the live ammunition to the Santa Fe County Sheriff’s Office at the end of Gutierrez’s trial. He said the ammunition, which was owned by Reed and from a different set, was suspected of being connected to the “Rust” set and that Gutierrez’s defense did not want the ammunition, according to lapel footage of his sheriff’s office interview played during Baldwin’s trial.
Morrissey said during Baldwin’s trial that the ammunition did not have any evidentiary value in either Gutierrez’s or Baldwin’s case. Baldwin defense attorney Luke Nikas charged that the ammunition evidence was ultimately “concealed” by being placed under a different case number and said it was “critical” evidence that was required to be disclosed.
A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.
(HOUSTON, TX) — A couple has been arrested and charged for attempting to kidnap and kill a man the wife was having an affair with in Texas.
The victim, who told an ABC News’ Houston affiliate he would not like to be named due to fears over his safety, was shot twice and is now recovering.
Hana Ahmad Alolaimi, 35, and Omar Mahmoud Bishtawi, 48, were charged with aggravated assault and aggravated attempted kidnapping on Sunday, according to court records.
Alolaimi and the victim, who were both married to other people, were in a relationship. When the victim’s wife found out about the relationship he broke it off, according to court documents.
Alolaimi and Bishtawi then conspired to kidnap and kill the victim, according to court documents.
When the victim went into a Chick-fil-A, Alolaimi allegedly parked her vehicle next to his. When the victim came out, she gestured for him to come over, according to court documents.
Once he was in the car, Alolaimi tried to drive off with the victim, although he had told her he could not leave with her. Bishtawi then jumped out from under a curtain in the back seat of the car and put the victim in a chokehold, pressing a firearm against his head, according to court documents.
When the victim tried to get away Bishtawi shot him twice, including once in the thigh, according to court documents. The victim could have died from the thigh wound if he was not transported to the hospital in time, according to court documents.
Alolaimi and Bishtawi provided investigators with conflicting statements and investigators believe there are concerns for the future safety of the victim, according to court documents.
The victim said he ended the relationship three months ago because it turned toxic. But, Alolaimi wouldn’t leave him alone, even showing up at his new apartment, he told KHOU in an interview.
The victim said after he was kidnapped, Bishtawi told him he had to die because he’d dishonored his wife.
(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.
“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.
Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.
“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.
Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.
She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”
Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.
“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”
Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.
“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”
The prosecutor told jurors they would see video of the chokehold.
“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.
She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.
When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.
The defense is set to give its opening statement on Friday following a break.
Protest audible from courtroom
The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”
Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”
Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.
The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.
To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.
Differing accounts of the incident
While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.
Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.
Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”
Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.
“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.
Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.
The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.
Jury to hear eyewitness statements
Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.
One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.
“I can see most of that statement coming in as an excited utterance,” Wiley said.
The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.
A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.
“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.
Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.
Jury will see evidence that Neely did not have a weapon
The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.
Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.
“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”
The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.
Penny’s lawyers and Neely’s family speak ahead of the trial
Members of Neely’s family were seated with the spectators for opening statements Friday.
“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.
Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.
Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.
While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.
“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”
“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.
