(BEVERLY, Mass.) — A convict was indicted Wednesday in the murder of a college student who was found strangled to death more than 35 years ago, officials said.
The body of 20-year-old Claire Gravel was discovered in the woods on June 30, 1986, in Beverly, Massachusetts.
In the intervening years, authorities have interviewed dozens of witnesses and persons of interest in the cold case, Essex District Attorney Jonathan Blodgett told reporters during a press briefing Wednesday.
A grand jury indicted 63-year-old John Carey in her death Wednesday morning, Blodgett said. Carey is currently serving a 20-year sentence at a Concord prison after he was convicted in 2008 of attempting to strangle another woman to death in Massachusetts.
“For 36 years, Claire Gravel’s family and friends have had nothing but questions about her death,” Blodgett said. “Today, we were able to give them some of the answers.”
Evidence recovered from Gravel’s clothing “was instrumental in solving this case,” Blodgett said, noting that investigators continually review cold cases “hoping that new techniques and a fresh look would result in a breakthrough.”
Carey, who had been a person of interest in the case, will be arraigned on a first-degree murder charge at a later date, Blodgett said. It is unclear if the suspect has an attorney.
Blodgett said prosecutors have not yet speculated on a motive in Gravel’s murder, but said “we feel confident” based on the evidence presented to the grand jury “that we have the right person.”
Gravel, a student at Salem State from North Andover, was last seen alive the day before her body was found. After a night at a local bar with members of her softball team, a friend dropped Gravel off at her apartment at around 1:30 a.m. on June 29. Three workers found her body in the woods off Route 128 in Beverly on the afternoon of June 30. The medical examiner determined that she had been strangled to death.
Blodgett said he has been in touch with Gravel’s family, who expressed “relief” that a suspect has been identified in her murder.
“I want to thank everyone for their tireless and relentless pursuit of justice for Claire,” he said.
(NEW YORK) — Indiana’s new abortion law will go into effect on Sept. 15, which would ban abortion in nearly all cases with limited exceptions including rape and incest.
Indiana was the first state to pass new legislation restricting reproductive rights after Roe v. Wade was overturned on June 24.
Dr. Katherine McHugh, a practicing doctor who provides abortion services in Indiana, spoke with ABC News’ podcast “Start Here” about how her practice has been shifting following the overturning of Roe v. Wade and how the new state law will impact her practice.
START HERE: Dr. McHugh, can you just tell me about where you work and what the last couple months have been like?
MCHUGH: Yeah, absolutely. Thanks so much for having me and for taking on this issue. I am primarily in Indianapolis, although I travel all over the state of Indiana providing abortion care. And over the last two months, we have seen a real change in our patient demographic. We’ve seen an influx of patients from outside of the state, they are coming to us from other states that have already banned abortion.
And this has all been in the setting of anticipating an abortion ban in Indiana as well. So we’ve been able to increase access over the last few months and been very fortunate that we have been able to take care of a lot of people that needed healthcare and at the same time, working with collaborative networks and strengthening those referral places because we know that we will be sending our own patients away in just a few short weeks.
The patients that we’re seeing are the ones that can afford childcare, that can afford the gas money, they can afford to take time off of work. We’re also seeing much earlier patients, patients whose pregnancies are much earlier in their gestation. People are scared. People are nervous about what it means to be pregnant in a place or in a time when all of their options are not available to them. So that is probably the most common thing that I talked about with patients, is how scared they are to be pregnant.
START HERE: That makes me curious, if there’s this fear of pregnancy from women seeking abortions, I’m wondering about the fears of women who are pregnant who aren’t seeking abortions or don’t know if they want an abortion. Is it getting more complicated, for example, for women I was mentioning earlier, who are suffering miscarriages or other abnormalities early on?
MCHUGH: That has been a complicated topic for physicians and certainly a very challenging experience for patients. Patients who have a miscarriage that is diagnosed, but the fetus still has a heartbeat– that is very complicated in states like Kentucky and Ohio that have what they’re called heartbeat bans, which means that they can’t have an abortion after the time that you can see fetal cardiac activity. So that means that even if the patient is bleeding, even if the cervix is open, and there is no way that the pregnancy is able to continue, they cannot interfere, the physicians cannot interact.
START HERE: Oh, there’s still technically a heartbeat.
MCHUGH: There is a heartbeat even though there is not a viable pregnancy. I’ve seen several people coming from surrounding states where the physicians in those states are unclear enough about the legality of interfering in what is, in the legal sense, a continuing pregnancy even though medically speaking it is not a viable pregnancy, that the patients have to come to Indiana where that doesn’t exist yet. It doesn’t have that same legal impact here in Indiana.
I saw a patient recently who came to me from out-of-state and she had a situation where she was pregnant, and she was bleeding so she went to an emergency room and had an ultrasound to evaluate what was going on. What the doctors there saw was that her pregnancy was inside the uterus, so it wasn’t an ectopic pregnancy, but she had significant bleeding and the cervix had started to open. The pregnancy already had and still had a heartbeat. She was about seven weeks pregnant.
So at this point the doctors were faced with a really challenging moment where they didn’t know what they were allowed to do legally. Could they offer what is standard of care, which would be to offer some sort of termination of this pregnancy? And they decided they could not. The reason that this situation would warrant terminating a pregnancy is called an inevitable abortion or a pregnancy that is not able to be continued. And in the intervening time, the woman or the pregnant person can lose a lot of blood and become infected, can get very very sick and can even die from this.
START HERE: So it feels like you’re sentencing this woman to, best-case scenario, a very painful miscarriage, worst-case scenario is much worse than that. And those are the two options.
MCHUGH: Exactly right. And so this is a very common scenario we diagnose inevitable abortion all the time. For this particular patient, she was able to come to Indiana, she saw me in one of my clinics, and we were able to provide that pregnancy termination for her, save her uterus and potentially save her life. But in her home, state physicians did not feel that they were legally able to do that. So they sent her away.
START HERE: Wow, I see and then they come to you because right now it’s legal where you are. But on September 15th, I believe, this new law goes into effect in Indiana. It outlaws virtually all abortions that are not the result of rape or incest or that endanger the life of the mother. Even in those circumstances, though, there are timelines to deal with. And I found this interesting, there are also timelines for fetal abnormalities, right, what happens in those situations?
MCHUGH: Yeah, great question. That part of the new law echoes our previous laws, where we had the ability to terminate a pregnancy up to 22 weeks. However, what’s different is under the new law, if the government doesn’t agree with the medical opinion that this was a lethal anomaly, suddenly instead of it just you know, quote unquote being a medical decision that is controversial, now it’s a felony. So this becomes much more complicated to navigate from a medical perspective. You know, it’s already very complicated and very emotional to tell a patient with a desired pregnancy that the baby they’re carrying is not going to live, that they are carrying a baby with profound anomalies that is not able to live outside. That is a devastating day for everyone involved.
And now we are also faced with telling patients that offering them their options which include abortion, which is a compassionate way to treat this pregnancy and this fetal anomaly, and yet if the government does not agree with our medical diagnosis or medical plan of care, treatment plan, then we have the threat of a felony charge which carries six years in jail.
START HERE: So if the stakes are that high for someone like you all of a sudden, what are you going to do starting September 15th?
MCHUGH: After this ban goes into effect, I will no longer be able to provide abortion care in Indiana. This is an integral part of my practice and reason for going into obstetrics and gynecology and so I will move that part of my practice out of state.
START HERE: Oh, you’re gonna have to like move your practice because of this?
MCHUGH: Yeah, the closest state to me is Illinois, so I will work to find a place in Illinois where I can work. The rest of my career will also adjust, to accommodate for the travel and so forth.
START HERE: It’s the moment that your state becomes one of the states that you have been helping up until now.
MCHUGH: Exactly right.
START HERE: Dr. Katie McHugh in Indiana, for now, thank you so much.
(LOS ANGELES) — After closing arguments concluded, the jury began deliberations Wednesday in Vanessa Bryant’s invasion of privacy trial over photos taken at the scene of the 2020 helicopter crash that killed her husband, basketball star Kobe Bryant, and their 13-year-old daughter, Gianna.
Bryant and Orange County financial adviser Chris Chester, whose wife and daughter were also killed in the crash, are suing Los Angeles County for negligence and violation of privacy, alleging that first responders took graphic photos of human remains at the scene as “souvenirs” and shared them with others.
Bryant filed the lawsuit several months after the 2020 crash and U.S. District Judge John Walter in July decided to consolidate Bryant’s and Chester’s cases into one trial.
The judge instructed the jury to consider liability and any damages due in the case separately; meaning one or both the Los Angeles Fire Department and the Los Angeles Sheriff’s Department can be found liable, and one or both Bryant and Chester can be found to warrant damages.
Jury deliberations officially began at 11:24 a.m. local time. Judge Walter asked attorneys for both sides to remain in the building. If a decision is reached, Walter said he wants to move quickly with the proceedings.
Throughout the trial, the defense maintained that the photos have not surfaced online since the tragedy. Multiple county fire and sheriff’s personnel have also testified that they deleted whatever crash-site pictures they had on their cellphones.
Both Bryant’s and Chester’s lawsuits argue that the photos were shared before being deleted by first responders.
Bryant is claiming she suffered emotional distress and is suing for an undisclosed amount of damages.
Kobe and Gianna Bryant were headed to a basketball game at his Mamba Sports Academy in Thousand Oaks, California, along with others connected to the basketball program on Jan. 26, 2020, when the helicopter they were traveling in crashed north of Los Angeles. All 9 people on board were killed.
(LONDON) — The internet personality and former kickboxer Andrew Tate has spoken out after being banned from Facebook, Instagram, YouTube and TikTok this week, accused of misogyny.
Tate, who first came into the public eye when he was ejected from the U.K. reality show Big Brother in 2016, has gone viral across these platforms over the last few months, amassing hundreds of thousands of followers in the process.
The ban comes after the 35-year-old’s comments were branded to be “wildly misogynistic” by activist groups.
In videos originally uploaded to YouTube, Tate appeared to claim that women should “stay at home” and that women “belong” to their male partners.
He was banned from Twitter in 2017, after allegedly saying that victims of sexual assault must ‘bear some responsibility’ in response to the rise of the #MeToo movement.
Before being banned from Instagram, Tate had managed to acquire 4.7 million followers on his Instagram and over 760,000 subscribers on YouTube, according to HypeAuditor, an analytics website.
As well as his popularity on his social media accounts, Tate has amassed over 100,000 subscribers on his website ‘Hustler’s University.’
The online platform gives subscribers classes on topics such as cryptocurrency and personal finance for a $49 monthly fee.
Users were encouraged to share Tate’s controversial content in order to get more sign-ups for Hustler’s University through their personal affiliate links, earning them a commission. The affiliate system was shut down this week after Tate’s ban from Meta, the parent company of Facebook and Instagram.
A spokesperson from Meta told ABC News that he had ‘violated [their] policies’ which resulted in the ban.
Although his official account is banned, the hashtag #AndrewTate on TikTok has 14.1 billion views.
Some of these videos are clips of Tate shared by his supporters, however many of them are individuals’ reactions to Tate’s controversial views, which in turn has amplified his messaging.
“Misogyny is a hateful ideology that is not tolerated on TikTok,” a spokesperson for the social platform told ABC News. “Our investigation into this content is ongoing, as we continue to remove violative accounts and videos, and pursue measures to strengthen our enforcement, including our detection models, against this type of content.”
YouTube did not immediately respond to a request for comment from ABC News. The video platform told the Independent, “We terminated channels associated with Andrew Tate for multiple violations of our community guidelines and terms of service, including our hate speech policy. If a channel is terminated, the uploader is unable to use, own or create any other YouTube channels.”
In a video shared on Vimeo on Wednesday, Tate discusses how he believes that other creators edited videos of him out of context in order to get views.
“They understood that if they can make a YouTube video purporting a lie about me or saying bad things about me, it’s more likely to get clicks,” he said. “People, through their own selfish desires of trying to piggyback off the back of my massive fame and becoming the most famous man on the planet, have decided that making a bunch of negative videos is a fantastic way for them to personally gain clout.”
Despite denying the allegations, Tate states that he does have “some responsibility to bear.”
Asked about the decision to ban Tate, Michael Bronski, a professor in women and gender studies at Harvard University, told ABC News: “I’m less worried about banning people than I am about thinking of ways to make people act better.”
“The real problem comes from the normalisation of it, where this behaviour simply becomes acceptable because it’s so common,” she added. “Even though it’s been contested by some people, the prevalence of It makes it acceptable.”
HOPE Not Hate, a charity which aims to ‘oppose far right extremism’ had campaigned for Tate’s de-platforming. In a statement on their website, they have stated that their campaign had been “hugely successful, but it’s not over yet.”
“Tate is a symptom of wider societal misogyny, and we all have to do more to combat its corrosive impact on society and the very real dangers it poses to women,” the organization said in a statement.
(HOMELAND, Md.) — A Black couple whose home valuation increased nearly $300,000 after their Homeland, Maryland, property was re-appraised with a white colleague serving as the homeowner is suing two firms alleging racial discrimination.
Nathan Connolly and Shani Mott, who are both professors at Johns Hopkins University in Baltimore, allege that Shane Lanham of 20/20 Valuations racially discriminated against them by undervaluing their 2,600-square-foot home at $472,000. That’s just over the $450,000 they paid for the home in 2017, according to the lawsuit. Their complaint states that they invested more than $50,000 in renovations and improvements between 2020 and 2021.
The couple is also suing loanDepot, alleging the company discriminated against them by using the 20/20 Valuations appraisal to deny them a refinance loan.
“My jaw dropped. I was like, this is racism. Because we had done the research, right?” said Mott, during an interview with ABC News Live. “We didn’t go into this process, this refinance process, blindly.”
A spokesperson for loanDepot issued a statement to ABC News.
“We strongly oppose bias in the home finance process and support the plans to combat appraisal bias and promote more sustainable, affordable housing for minority and low- to moderate-income families and communities put forth by the Interagency Task Force on Property Appraisal and Valuation Equity and by the Mortgage Bankers Association. While appraisals are performed independently by outside expert appraisal firms, all participants in the home finance process must work to find ways to contribute to eradicating bias.”
Lanham declined a request for comment.
Mott, an Africana Studies lecturer, said she and Connolly, a professor of history focusing on racism, capitalism and notions of property, had reviewed several comparable homes and educated themselves on what to expect. Based in their research, the couple found the $472,000 valuation “impossible.” Earlier this year, they looked to another lender for an appraisal, this time removing their children’s artwork, artifacts and other signs that indicated a Black family resided in the home. Then, Connolly and Mott had a white colleague answer the door when the new appraiser arrived.
The new home appraisal was $750,000.
“We were aware that there were examples of whitewashing being effective in helping Black families get the value that they were entitled to,” Connolly said of how the couple came to “curate” the house to appeal to appraisers’ potential expectations of a more valuable home.
Paige Glotzer, the author of “How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing – 1890-1960,” told ABC News that they see a deeply rooted connection in Connolly and Mott’s lawsuit to racially exclusive housing covenants that once prohibited Black residents from living in Homeland, a still predominantly white neighborhood. Glotzer is also an assistant professor and the John W. and Jeanne M. Rowe Chair in the History of American Politics, Institutions, and Political Economy at University of Wisconsin-Madison. Glotzer is also Connolly’s former Ph.D. advisee.
“The creation of Homeland was so bound up with the codification of discrimination in a national real estate industry,” Glotzer said. “That was a moment where you really had everyone, both consumers and home buyers, acknowledging that race was a part of property value.”
According to Glotzer, signs of Blackness in the home from books, art, and decorations are as significant in marking a ‘Black home’ as the physical presence of Black homeowners.
“And part of this process, it really did require us to think about what whiteness represents. Right? If you whitewash your house, you’re going in with historical awareness of what is it that your average kind of white appraiser would want to see,” Mott said. “We kind of tapped into our historical imagination, but also our historical knowledge and kind of set out on a course to do that.”
Gabriel Diaz, an attorney at civil rights law firm Relman Colfax PLLC who is representing the family, told ABC News that his clients’ case “illustrates how pervasive this issue is” and highlights the emotional and financial harm it may cause. He said this lawsuit is about making sure people understand how disparate appraisals like Connolly and Mott’s happen so that they don’t happen again.
ABC News’ Victoria Moll-Ramirez and Milan Miller contributed to this report.
(GAYLORD, Mich.) — A mysterious illness that killed over a dozen dogs in northern Michigan has been identified, officials said.
The Otsego County Animal Shelter said in a statement Aug. 19 that over 20 dogs in the county had died due to a “parvo-like” illness, a disease that’s highly contagious and often deadly in dogs. The shelter’s director, Melissa Fitzgerald, released a statement on Aug. 9 saying that most of the dogs who died were less than 2 years old and died within three days of showing symptoms.
On Wednesday, the Michigan Department of Agriculture and Rural Development and the Michigan State University Veterinary Diagnostic Laboratory confirmed that the disease was canine parvovirus.
In their initial tests, Fitzgerald said the tests came back negative for parvovirus, and the “best guess” was that the cause of death was a new strain of the virus.
Officials said the affected dogs did not have a history of complete vaccination.
According to the Otsego County Animal Shelter, the illness is not affecting one breed over another, but appears to be more common in puppies and elderly dogs.
“This situation is complex because although the dogs displayed clinical signs suggestive of parvovirus, they consistently test negative by point-of-care tests performed in clinics and shelters,” MSU Veterinary Diagnostic Laboratory Director Kim Dodd said in a statement Wednesday.
“Screening tests for parvo are done to help guide immediate isolation, disinfection, and treatment protocols. While those tests are valuable in the clinical setting, they are not as sensitive as the diagnostic tests we can perform here in the laboratory. We continue to further characterize the virus in hopes of better understanding why those animals were testing negative on screening tests,” she added.
“When MDARD first learned of these cases in northern Michigan, we immediately reached out to the veterinarians and animal shelters involved and began our response efforts,” Wineland said in a statement on Monday. “Protecting animal and public health is one of the department’s key pillars, but it is a team effort. Dog owners need to ensure their pet is up to date on routine vaccinations as it’s the first step in keeping your pet healthy.”
Jennifer Holton, spokesperson for the Michigan Department of Agriculture and Rural Development, told ABC News that because parvovirus is not a reportable disease, officials are mostly working with anecdotal information.
“Parvo is an incredibly hardy virus,” Holton said. “And by that, I mean it can survive various temperatures and all kinds of things.”
Holton said it’s essential for pet owners to get their dogs vaccinated and alert their veterinarian if they see signs of illness in their dogs.
She added that proper cleanup, to halt the spread of the disease through fecal matter, is also essential, particularly in high capacity areas like shelters, doggy day cares and other animal-friendly places.
While the mystery surrounding the current death rates is concerning, Holton said officials have the investigation under control.
“The word ‘panic’ has been used a lot; that is certainly not what we’re doing here,” Holton said. “Prioritizing animal health is one of the key fundamentals of what our animal industry division in this department does on the daily.”
Photography by Keith Getter (all rights reserved)/Getty Images
(NEW YORK) — More rain is pounding the soaked South. Louisiana, Mississippi and Alabama are expecting 3 to 5 inches of rain over the next 48 hours, sparking flash flooding and river flooding.
The rain will continue to spread, reaching the Gulf by the weekend. Over the next five days, the Gulf Coast from Corpus Christi, Texas, to Fort Myers, Florida, will likely get 3 to 5 inches as well.
Louisiana and Mississippi were already hit by downpours this week, with several spots in Mississippi breaking daily rainfall records on Monday. Over the last 48 hours, rain totals climbed above 7 inches in Louisiana and reached 6 inches in Mississippi.
Meanwhile, areas along the California/Arizona/Nevada border, including Las Vegas, are bracing for downpours and possible flash flooding on Wednesday.
Meanwhile, Utah Gov. Spencer Cox declared a state of emergency in the wake of devastating flooding in Moab and other southern towns. The flooding killed a woman who was hiking in Zion National Park.
“We also urge everyone to take flash flood warnings very seriously. We mourn the loss of Jetal Agnihotri of Tucson and pray for her loved ones,” the governor said in a statement.
“I’m shocked by the size and scope of the flooding that swept through Moab causing damage to homes, businesses, and local infrastructure,” Lt. Gov. Deidre Henderson added. “Fortunately, I’m hopeful for a full recovery.”
(UVALDE, Texas) — Uvalde school board officials will consider Wednesday whether to fire Pete Arredondo, the school district’s police chief, exactly three months after the school shooting that killed 19 students and two teachers.
School board members agreed in an Aug. 15 meeting to hire outside attorneys ahead of the hearing.
Arredondo has been the target of criticism for the delayed response to the May 24 tragedy.
School officials have continued to face pressure to hold officers accountable for the 77 minutes it took before law enforcement breached a classroom door and killed the 18-year-old gunman.
The Uvalde Consolidated Independent School District recommended that Arredondo be fired. The Uvalde school board canceled its July 23 special session to consider the district’s recommendation “in conformity with due process requirements, and at the request of his attorney.”
Parents and community members have called on officials to fire Arredondo immediately, with some calling for the firing of other members of Uvalde’s school district police force who were present during the shooting.
According to an investigative report by the Texas House of Representatives into the events of May 24, the school district’s written active shooter plan assigned Arredondo “to assume command and control” during an active shooter incident.
“But as events unfolded, he failed to perform or to transfer to another person the role of incident commander,” the report from the state House read. “This was an essential duty he had assigned to himself in the plan mentioned above, yet it was not effectively performed by anyone.”
The report goes on to describe the general consensus from witnesses that officers on the scene either “assumed that Chief Arredondo was in charge, or that they could not tell that anybody was in charge of a scene described by several witnesses as ‘chaos’ or a ‘cluster.'”
In an interview with The Texas Tribune, Arredondo said he did not consider himself the commanding officer on the scene. He has said he was not made aware of the 911 calls coming from the children in the attacked classrooms.
Arredondo has defended the police response to the incident.
“We responded to the information that we had and had to adjust to whatever we faced,” Arredondo said. “Our objective was to save as many lives as we could, and the extraction of the students from the classrooms by all that were involved saved over 500 of our Uvalde students and teachers before we gained access to the shooter and eliminated the threat.”
Arredondo resigned from his city council post and is currently on leave from his position as UCISD police chief.
Pavlo Gonchar/SOPA Images/LightRocket via Getty Images
(NEW YORK) — A civic organization plans to sue New York City’s largest utility company over the alleged illegal dumping of heated, toxic wastewater into a Hudson River estuary sanctuary.
The City Club of New York, along with Tom Fox, a representative of the club who serves on the Hudson River Park Advisory Council, plan to sue Con Edison for alleged “ongoing violations” of the federal Clean Water Act, according to a notice sent to the energy company earlier this month and obtained by ABC News.
Based on a review of public documents, the petitioners allege that Con Ed dumps water used to cool a power station off of Hudson River Park’s Pier 98 at “dangerously high temperatures” for aquatic life into the river. They also allege that Con Ed dumps wastewater containing “toxic pollutants,” such as chloroform, into the estuary sanctuary in violation of its state permit.
This matter was first reported by The New York Times.
Through their attorneys, the City Club of New York and Fox sent a notice to Con Ed on Aug. 10 of their intent to sue within 60 days.
Fox, who was involved in the effort to create Hudson River Park, said he wasn’t aware of the alleged dumping, which has purportedly occurred for decades, until recently.
“Nobody knew about this. I didn’t know about this, and I’ve been involved with the park for 40 years, since the beginning,” he told ABC News. “I think that for whatever reason, it wasn’t publicly acknowledged. Now that it is, we have a chance to correct the situation.”
The notice of intent claims Con Ed has violated state rules for estuaries by discharging water into the river that exceeds 90 degrees on more than a dozen occasions since 2006, according to state records. It claims a permit modification Con Ed requested in 2006 to allow for a higher discharge temperature was improperly approved by the New York State Department of Environmental Conservation because the state agency did not hold a public hearing on the application, per state and federal law. It also claims that Con Ed has been discharging pollutants into the Hudson River without a valid permit for more than a year.
In a statement to ABC News, a Con Ed spokesperson said the company is “in compliance with our permit for both water temperature and discharge of chemicals at Pier 98.”
“We are reviewing the letter in detail and have noted numerous inaccuracies,” the spokesperson, Allan Drury, said. “For instance, our permit has not expired and we have not exceeded our permitted temperature limits. We will address these and other issues with the appropriate parties.”
The City Club of New York and Fox plan to seek an injunction requiring Con Ed to halt all discharges into the river, among other relief.
The notice of intent to sue was also sent to the DEC and the Hudson River Park Trust, which operates Hudson River Park and is Con Ed’s lessor. The petitioners allege that the DEC and trust have known about Clean Water Act violations at the Con Ed plant but have failed to act.
“Con Ed’s continuing thermal and industrial discharge into the sanctuary — facilitated by the disregard of applicable federal and state laws by DEC and the Trust — represents a threat to the preservation and protection of those resources,” the notice stated.
In a statement to ABC News, the DEC said it has identified more than two dozen minor “discrepancies” at the plant since 2010 and has not taken any enforcement action at the facility since that year.
“Since 2010, of the 4,400 sampling records at the Con Edison plant, DEC identified 27 reported exceedances and non-reporting of operational parameters unrelated to the outfall at the facility,” it said. “These discrepancies were considered minor and quickly resolved.”
ABC News did not immediately receive a response from the Hudson River Park Trust seeking comment.
(WASHINGTON) — The murder of James “Whitey” Bulger was planned “as soon as” the notorious mobster had arrived at the prison in West Virginia where he was found beaten to death, a Justice Department prosecutor said.
The plot started with a phone call to the mother of Sean McKinnon, one of the men accused in the killing, the night before the high-profile inmate’s arrival, Assistant U.S. Attorney Hannah Nowalk told a federal magistrate judge in Florida at a court hearing for McKinnon.
“Yeah, we’re getting ready to get a — getting ready to get another higher profile person here tonight,” McKinnon allegedly told his mother the day before the 89-year-old Bulger arrived at U.S. Penitentiary Hazleton in Bruceton Mills, West Virginia.
A recording of that phone call was played in federal court on Monday by Nowalk, a transcript of which was obtained by ABC News.
Nowalk said that “as soon as they saw Bulger come into the unit, they planned to kill him.”
Sean McKinnon, 36, was charged by the DOJ last week in connection with the killing of Bulger on Oct. 30, 2018. Nowalk said McKinnon acted as the lookout while the two other men, Fotios “Freddy” Geas, 55, and Paul DeCologero, 48, went into Bulger’s cell and allegedly killed him.
Prosecutors have not yet offered a motive for the killing or said how the defendants knew of Bulger’s arrival.
“No, I mean, you should know the name,” McKinnon told his mother, according to the transcript of the phone call. “Every heard the name Whitey Bulger?”
McKinnon’s mother warned him to stay away from Bulger because she was worried hanging around Bulger would get him “in trouble,” the transcript shows.
Bulger, the leader of Boston’s Winter Hill gang, was on the run for 16 years before being caught by federal authorities in 2011, and later tried and convicted. Before being moved to a West Virginia penitentiary, Bulger was housed in federal prison in Florida.
Prosecutors allege that a mere 12 hours after Bulger arrived at USP Hazelton, he was found dead in his cell. The killing, Nowalk said, took all of seven minutes.
Nowalk said that on the day of the murder, at around 6:07 a.m., the three men gathered outside of Bulger’s cell, then went in and stayed there for seven minutes, allegedly killing Bulger. By 8:07 a.m., Bulger was found dead by prison guards.
McKinnon allegedly told his mother that the cell doors at the prison open at 6 a.m. and they do not lock, prompting the men to enter easily, Norwalk alleged.
“The admissions were, from Pauly, that he and Freddy used a belt with a lock attached to it and beat Mr. Bulger to death,” Nowalk told the judge in arguing for McKinnon’s pre-trial detention. “There were also admissions from Pauly and from Mr. McKinnon himself that they collectively were the guys that killed Bulger and that…Mr. McKinnon stood as lookout as Freddy and Pauly went into Mr. Bulger’s cell and bludgeoned him to death in those seven minutes that are recorded on the surveillance footage.”
Federal Magistrate Judge Philip R. Lammen ultimately ended up ordering McKinnon to be held pending trial.
Lawyers for McKinnon told Lammen that he lived near his mother and was not a flight risk, but the judge did not agree.
Nowalk said there are three witnesses whom the men told they killed Bulger.
At the time of the indictment, Geas was still incarcerated at USP Hazelton, according to prison records, and was serving a life sentence for a separate crime. DeCologero was no longer being held at USP Hazelton but was housed in the federal prison system and McKinnon was on federal supervised release and was arrested last week in Florida.
Attorneys for the three defendants did not immediately respond to ABC News’ requests for comment.
