Trump asks judge to halt sentencing in his criminal hush money case
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(NEW YORK) — President-elect Donald Trump on Monday asked the judge overseeing his criminal hush money case in New York to halt his sentencing in the case, currently set for Friday.
Judge Juan Merchan, in a ruling last week, ordered Trump to appear for sentencing, either in person or virtually, on Jan. 10 following his May conviction on 34 felony counts of falsifying business records.
Trump was found guilty in May of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
In a court filing Monday, Trump’s attorneys argued Merchan “will lack authority to proceed with sentencing” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s presidential immunity decision does not apply to the New York hush money case.
“Forcing a President to continue to defend a criminal case — potentially through trial or, even more dramatically here, through sentencing and judgment — while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan initially scheduled the sentencing for July 11 before pushing it back in order to weigh if Trump’s conviction was impacted by the Supreme Court’s July ruling prohibiting the prosecution of a president for official acts undertaken while in office. Merchan subsequently ruled that Trump’s conviction related “entirely to unofficial conduct” and “poses no danger of intrusion on the authority and function of the Executive Branch.”
Merchan last week indicated that he would sentence Trump to an unconditional discharge, effectively a blemish on Trump’s record, saying it struck a balance between the duties of president and the sanctity of the jury’s verdict.
Trump’s attorneys said it did not matter.
“It is of no moment that the Court has suggested an intention to impose a sentence of unconditional discharge. While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors — including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” the defense said.
The Manhattan district attorney’s office declined to comment on Monday’s filing.
(NEW YORK) — Gruesome crime scene photographs were revealed in court on Monday during the trial of Richard Allen, who is accused of killing two teenage girls in 2017 on a hiking trail in the small town of Delphi, Indiana.
Carroll County sheriff’s deputy Darren Giancola, who was the first law enforcement officer on the scene after the bodies of Libby German, 14, and Abby Williams, 13, were discovered, was emotional as he took the stand for the prosecution on the third day of testimony.
Giancola said one of the girls was nude and the other was clothed when their bodies were located on Feb. 14, 2017.
“Both had large lacerations on their throat,” Giancola said. “They both had a substantial amount of blood on their person and underneath.”
Giancola was asked if lifesaving measures were performed, and he responded, “No. It was apparent they were deceased.”
The second witness called Monday was Jason Page of the Indiana State Police crime scene investigation unit, who photographed the crime scene.
The jury was shown graphic photos, including a close-up of Libby’s slashed throat and bloody face.
The families of Libby and Abby cried in the gallery and there were audible gasps in the courtroom when the images were shown.
Investigators had been tight-lipped about how the girls were killed for the last seven years, until prosecutor Nick McLeland revealed in his opening statement in court that both girls’ throats were cut.
Allen is accused of killing the two eighth graders while they walked on a hiking trail in their rural town on Feb. 13, 2017. Their bodies were discovered the next day.
Allen, a Delphi resident, was arrested in October 2022 and has pleaded not guilty to murder.
(NEW YORK) — When the weather turns cold, meteorologists and climate scientists almost always get a variation of the same question, “If we had global warming, I don’t think I’d have a jacket on.”
That’s because climate and weather are two terms that go hand in hand but are not the same thing.
ABC News Chief Meteorologist and Chief Climate Correspondent Managing Editor of the ABC News Climate Unit Ginger Zee has heard questions like this for years.
“How can we have sweatshirt weather, or even the first snow, when the whole globe is getting warmer and warmer?”
It’s the same for Marshall Shepherd, director of the Atmospheric Sciences Program at the University of Georgia and former president of the American Meteorological Society, who will get questions like, “What are you all talking about — that the climate is changing? It’s snowing right now!”
Weather is the temperature and conditions on one particular day, Zee said — the short-term state of the atmosphere and what it brings.
“If you walk outside and almost every day it’s hot, or almost every day it’s dry, that’s called climate,” Zee said.
People also often refer to climate as “average weather,” which is another misnomer, Shepherd said.
“That’s actually not correct,” he said. “Climate is really more the full statistics of weather, not just average. It’s the highs and lows. It’s frequency. It’s max and min. It’s a lot of things.”
The seasons are governed by the Earth’s tilted axis and its path of orbit around the sun, Shepherd said. The tilted axis means there are times when some parts of the planet are getting less energy from the sun — the main distinction between summer and winter.
Just because the climate is warming overall doesn’t mean there won’t be big swings in either direction, including cold fronts and snow storms in typically warm places or drought conditions in typically wet places and torrential downpours in normally dry climates, the experts said.
“As the globe warms, we are going to have cold and, of course, snow,” Zee said. “Because if that all abruptly stopped, it would be really scary.”
Scientists love their metaphors, especially when it comes to comparing the two terms.
Weather is your mood, and climate is your personality, according to Shepherd and Zee.
Weather and climate can be looked at as the dog and the dog walker, Yarrow Axford, a professor in geological sciences at Northwestern University, told ABC News. The dog can sniff around and tug at its leash, but the dog walker is the one setting the pace and direction.
But that old adage often no longer applies because the climate is changing so quickly, Axford said.
On a long-term scale, the number of overall cold events is declining. The likelihood of extremely cold days has decreased due to human-caused global warming, a 2016 paper published in The National Academies of Sciences, Engineering, and Medicine authored by Shepherd found. The same paper also found an increase in the number of extremely hot days.
The lack of cold events could cause people to pay more attention when they happen, the experts said.
Geography also makes a difference, Zee said. When scientists say the climate is warming, they mean for the entire planet — not in a particular city, state or county, Zee said.
“The point is that climate — all weather days all over the world — on average, is getting warmer,” Zee said.
Shepherd continued, “We’ve got to really expand the average person’s understanding of what climate actually is.”
(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.
