(SUFFOLK COUNTY, N.Y.) The Suffolk County District Attorney’s office in New York lacks the resources to meet “ambitious” deadlines imposed by the judge overseeing the Gilgo Beach serial killing case, DA Ray Tierney said Wednesday.
Tierney called on the Justice Department to release some money tied up in an ongoing investigation into the office to help defray the cost of a prosecution that he said presents “a singularly unique strain on our budget.”
Heuermann is charged in the murders of six women: Melissa Barthelemy, Megan Waterman, Maureen Brainard-Barnes, Amber Costello, Jessica Taylor and Sandra Costilla. The first victim was found in 1993 and the last victims were found in 2010.
He has pleaded not guilty.
Judge Timothy Mazzei said he wants to set a trial date at the next hearing, which is scheduled for Dec. 17.
Tierney called the schedule “ambitious” because of the large amount of evidence amassed in the case against Heuermann.
“I think the timeline right now is very ambitious and very compressed given the ridiculous nature of our discovery laws, where I have to provide every single piece of paper that was generated in a case that started in 1993,” Tierney said.
Tierney is asking for millions in federal asset forfeiture proceeds frozen by the Justice Department as part of an ongoing investigation into a previous district attorney. He estimated about $13 million is tied up in that investigation.
(WASHINGTON, D.C.) Special counsel Jack Smith is urging the judge overseeing former President Donald Trump’s federal election interference case to reject an effort by Trump’s attorneys to throw out obstruction-related charges brought against him following a Supreme Court ruling this summer that narrowed the statute’s use against Jan. 6 rioters.
Trump’s attorneys have argued that the obstruction of an official proceeding statute should no longer apply to Trump’s alleged conduct in the indictment against him, arguing that Trump was never directly involved in obstructing the Jan. 6 vote-certification proceedings.
But Smith, in his new filing, said his recent superseding indictment clearly alleges Trump and his co-conspirators’ involvement in attempting to send fraudulent certificates to Congress that day, for then-Vice President Mike Pence to use as he presided over the certification.
“As set forth in the superseding indictment, the defendant and others began in early December 2020 to cause individuals to serve as the defendant’s purported electors in several targeted states with the intent that those individuals ‘make and send to the Vice President and Congress false certifications that they were legitimate electors,'” Smith wrote.
“Ultimately, the defendant sought” to “certify illegal votes” through “fraudulent elector certificates” that were “mailed to the President of the Senate, the Archivist of the United States, and others in connection with the January 6 proceeding to certify the 2020 presidential election results,” wrote Smith.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power. In July, the Supreme Court ruled in a blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s ruling.
In his new filing, Smith also disputed arguments put forward by Trump’s attorneys that the former president “bears no factual or legal responsibility” for the Jan. 6 Capitol attack.
The superseding indictment “plainly alleges that the defendant willfully caused his supporters to obstruct and attempt to obstruct the proceeding by summoning them to Washington, D.C., and then directing them to march to the Capitol to pressure the Vice President and legislators to reject the legitimate certificates and instead rely on the fraudulent electoral certificates,” Smith wrote.
(TAMPA, FL) — The former owner of a dog that was left tied to a post off a Florida highway in floodwaters ahead of Hurricane Milton’s landfall has been arrested for animal cruelty, officials announced Tuesday.
The dog was found up to its chest in floodwaters off Interstate 75 in Tampa on Oct. 9, as many residents were evacuating due to Milton, according to the Florida Department of Highway Safety and Motor Vehicles.
A state trooper rescued the dog, now known as Trooper, the department said. Florida Highway Patrol shared a video on social media last week of the dog tied to the post with the caption, “Do NOT do this to your pets please…”
The former owner of the dog — identified by the Florida Department of Highway Safety and Motor Vehicles as Giovanny Aldama Garcia, 23, of Ruskin, Florida — was arrested on Monday for aggravated animal cruelty, a felony.
State Attorney Suzy Lopez, whose office is prosecuting the case, also announced the arrest on Tuesday, saying, “We take this crime very seriously and this defendant will face the consequences of his actions.”
Aldama Garcia was released Tuesday on $2,500 cash bond, according to online jail records. ABC News’ attempts to reach him were unsuccessful. Online court records do not list any attorney information.
(PHOENIX, AZ) — A disabled Black man in Arizona faces multiple charges after a pair of Phoenix police officers punched him and shocked him with a stun gun. Tyron McAlpin, who is deaf and has cerebral palsy, faces charges of felony assault and resisting arrest.
The incident, which took place on Aug. 19, was captured on both surveillance video and police body-worn camera. The officers said they were investigating an assault at a nearby Circle K and McAlpin fit the description of the suspect given by a bystander. However, the original description of the suspect was for a white man who had been creating a disturbance in the store. They also claimed that McAlpin became combative and tried to run when they approached him.
McAlpin’s lawyers said the video shows otherwise.
In the video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him 10 times in the head and shocking him with a stun gun four times while yelling “Get your hands behind your back.” McAlpin’s attorney said he didn’t know what was going on and could not hear the commands.
A union for the department’s officers argues that people should know what to do if a police car comes up and uniformed officers approach and that the officers had to force McAlpin to comply not knowing he was deaf at the time. The union also said McAlpin took a fighting stance and bit the officers.
“After reviewing all evidence presented, Maricopa County Superior Court Commissioner Nick Saccone determined there was sufficient evidence for the felony charges against the suspect due to his actions against the officers,” Phoenix Law Enforcement Association President Darrell Kriplean said. A Maricopa County judge has ruled there was probable cause for the arrest and is cause for the charges.
The department said it stood behind the officers and suggested people avoid making judgments about the incident until all the evidence is reviewed rather than focusing entirely on an excerpt of the footage. The police department is investigating the arrest.
The incident came after the Department of Justice in June released a report concluding that the Phoenix Police Department engaged in civil rights violations including racial discrimination and bias against the disabled. Their investigation found “systemic problems” within the department’s policies, training, supervision and accountability systems that were “perpetuated” for years.
The DOJ opened its investigation in August 2021 after complaints about use of excessive force among Phoenix police. The department said it welcomed this inquiry to help them understand how they can better serve the community.
(WASHINGTON, D.C.) — For a second day this week, Vice President Kamala Harris is focusing on a key voting bloc that is a critical base for the Democratic Party: Black men.
On Tuesday, Harris will participate in an audio town hall event with Charlemagne tha God, host for the popular “The Breakfast Club” podcast. Also on Tuesday, the vice president is meeting with Black entrepreneurs in Detroit.
Her events come a day after her campaign rolled out a comprehensive plan — just three weeks until the election — to help Black men “get ahead” economically, which includes providing one million fully forgivable loans to Black entrepreneurs and an effort to invest in Black male teachers.
In an interview on “Roland Martin Unfiltered,” also released on Monday, Harris argued that economic policies that consider “historical barriers” facing Black people benefit all Americans.
“If you have public policy, and I’m talking about economic public policy specifically at this point, but if you have public policy that recognizes historical barriers and what we need to do then to overcome,” Harris said. “First, speak truth about them and then overcome them, that in the process of doing that, not only are you directly dealing with the injustices and the legal and procedural barriers that have been focused on Black folks, but by eliminating those barriers, everyone actually benefits, right?”
The focus on Black voters comes after former President Barack Obama sternly chided Black men over “excuses” to not vote for Harris while speaking to a group of Black at a campaign field office in Pittsburgh’s East Liberty neighborhood last week.
“You have [Trump], who has consistently shown disregard, not just for the communities, but for you as a person, and you’re thinking about sitting out?” Obama asked. “And you’re coming up with all kinds of reasons and excuses?”
Harris is polling ahead of Trump with Black voters who are registered to vote, 82-13%, according to the latest ABC News/Ipsos poll. That compares with 87-12% in the 2020 exit poll (a slight 5 points lower for Harris; no better for Trump). Black men are at 76-18% (compared with 79-19% four years ago), the poll found.
These differences from 2020 aren’t statistically significant, and Georgia Sen. Raphael Warnock said he agrees.
“I don’t buy this idea that there will be huge swaths of Black men voting for Donald Trump. That’s not going to happen. What I would urge folks to do is to show up, to understand that if you don’t vote, that is a vote for Donald Trump. That’s the concern.,” said Warnock on a Tuesday campaign call with reporters.
Part of the Harris campaign’s plan for Black men includes legalizing recreational marijuana nationwide. Such a move would “break down unjust legal barriers that hold Black men and other Americans back,” the campaign said in its release.
This takes the Biden administration’s current stance, which includes pardoning people convicted of marijuana possession, a step further. For Harris’ part, such a proposal is evidence of her evolving position. She has become more progressive since her time as attorney general of California when she was heavily criticized for aggressively prosecuting weed-related crimes.
Asked if she ever smoked by Charlamagne tha God back in 2019, Harris responded, “I have. And I inhaled — I did inhale. It was a long time ago. But, yes.”
She went on to clarify that she believes in legalizing the substance.
“I have had concerns, the full record, I have had concerns, which I think — first of all, let me just make this statement very clear, I believe we need to legalize marijuana,” she said. “Now, that being said — and this is not a ‘but,’ it is an ‘and’ — and we need to research, which is one of the reasons we need to legalize it. We need to move it on the schedule so that we can research the impact of weed on a developing brain. You know, that part of the brain that develops judgment, actually begins its growth at age 18 through age 24.”
Her answer garnered backlash due to her record prosecuting the substance, particularly given the racial disparities in punishment nationwide. Harris’ new proposal looks to correct those historical inequities.
But is it enough?
In addition to the new proposals, Harris has aggressively been campaigning in Black communities in the past week, stopping at several local Black-owned businesses and churches in North Carolina, Pennsylvania and Michigan as well as appearing on several media programs with predominately Black audiences.
In September, Harris told a group of Black reporters in a moderated conversation hosted by the National Association of Black Journalists that she was “working to earn the vote, not assuming I’m going to have it because I am Black.”
Her campaign launched a “Black Men Huddle” organizing call on Monday, which featured remarks from campaign senior officials Tony West, Brian Nelson, Quentin Fulks and Rep. Cedric Richmond. Later, there was a weekly event focused on Black men supporting Harris featuring actor Don Cheadle.
“What the vice president is doing is giving us the tools to be able to go and have meaningful, impactful conversations when Black men turn back around to us and say, ‘Well, what’s in it for me,’ I think that we have policy and tools like this that we can say exactly that,” said Fulks.
Doc Rivers, who interviewed Harris for his “ALL the SMOKE” podcast on Monday, said he agreed with Obama’s comments last week and pushed for Black men to cast their ballots.
“I agree 100% with President Obama — it’s unacceptable not to vote. When you look back at what your parents and your grandparents had to do to get the right to vote, that’s unacceptable for me,” said Rivers. “But there are Black men who out there that feel hopeless, they don’t believe a vote helps them in either way, and I’m here to tell them they’re wrong.”
ABC News interviewed Black men in Pittsburgh’s predominately Black Homewood Brushton neighborhood last Friday about their impressions of Harris and what she needed to do to get their vote.
Aquail Bey, a student at The Community College of Allegheny County and president of its veterans club, said Harris needs to meet them where they are and genuinely speak with them.
“She’s doing a good job right now, but I think she should have — go to places where they are, you know, meet them on their own terms, you know. Go to the neighborhoods where they are, go to the barber shops … ” Bey said. “Wherever the Black men are, go to where they are, speak to them a way that they understand.”
Aaron Stuckey said people shouldn’t assume Black men aren’t getting behind Harris.
“Just poll us instead of assuming that that’s where we’re not going,” he said.
(WASHINGTON, D.C.) Former President Donald Trump on Tuesday declined to say if he’s been in touch with Russian President Vladimir Putin since he left the White House but said it would have been smart if he had.
“Well, I don’t comment on that, but I will tell you that if I did, it’s a smart thing,” Trump said in an interview with Bloomberg Editor-In-Chief John Micklethwait at the Chicago Economic Club. “If I’m friendly with people, if I have a relationship with people, that’s a good thing, not a bad thing.”
Trump’s interactions with Putin have been the source of speculation since journalist Bob Woodward’s book reported that the two have communicated multiple times since Trump left the presidency in early 2021.
Throughout his presidency, Trump praised Putin, including saying he believed Russian intelligence over the U.S. intelligence community with regard to Moscow’s efforts to meddle in the 2016 election.
Trump last week flatly denied during an interview with ABC News Chief Washington Correspondent Jonathan Karl that the two leaders had recently been in touch.
“So, you haven’t spoken to him since you left the White House? Karl asked Trump. “No, I have not. That’s false.”
Despite repeatedly touting his close relationship with Putin in the Tuesday interview, Trump insisted he was tough on him, again saying he terminated the Nord Stream II pipeline.
“I said I don’t comment on those things,” Trump said when Micklethwait repeatedly followed up.
Trump also insisted that the 2020 election ended with a peaceful transition of power despite the Jan. 6, 2021, attack by a pro-Trump mob on the U.S. Capitol.
“People were angry,” Trump said of the reaction to the election results before noting that he traveled home to Florida the day President Joe Biden was inaugurated.
“And it was love and peace. And some people went to the Capitol and a lot of strange things happened there. A lot of strange things with people being waved into the Capitol by police, with people screaming, ‘Go in,'” Trump said.
Looking forward to a possible second Trump administration, the former president defended his plans to slap significant tariffs on many imports, which critics have said will amount to a sales tax on American consumers.
Micklethwait opened up the conversation with a critique from multiple economists — a concern that his proposals for tax cuts would raise the national debt by trillions. Trump reiterated his claim that a major growth from his proposals would make up for the cuts, saying the auto industry and other factories will come back to the United States.
“We’re all about growth. We’re going to bring companies back to our country,” Trump said. “And we’re going to bring the companies back. We’re going to lower taxes still further for companies that are going to make their product in the USA.”
Trump claimed that he’s not going to allow foreign companies to sell a single car in the United States, throwing out self-admittedly random numbers for tariffs like “100%, 200% or 2,000%.”
“The higher the tariff, the more likely it is that the company will come into the United States and build a factory in the United States so it doesn’t have to pay the tariff,” Trump said.
Minnesota Gov. Tim Walz, for the first time this cycle, will soon hit the campaign trail with former President Barack Obama and former President Bill Clinton, according to a senior campaign official.
The vice presidential nominee will be out with his party’s former standard bearers this week and next week in an effort to push for early voting in battleground states, ABC News has exclusively learned.
The governor will first rally with Clinton in Durham, North Carolina, on Thursday — the first day of early voting in the critical battleground state. Next Tuesday, Walz will travel to Wisconsin, another battleground, with Obama for the start of early voting in that state.
The joint campaign blitzes come as the Harris-Walz ticket has deployed both former presidents — some of its strongest political assets — headed into the final stretch of the election cycle.
Obama hit the trail for the ticket starting on Oct. 10 and has additional stops planned in the run-up to Election Day, according to the campaign.
His first stop was in battleground Pennsylvania in the Pittsburgh area — a visit where he sternly chided Black men over “excuses” to not vote for Harris, saying he finds them sitting out or voting for former President Donald Trump “not acceptable.”
Obama will also independently hit the campaign trail in the Sun Belt this week, with stops on Friday in Arizona and on Saturday in Nevada — the first days of early voting in the state.
On Sunday and Monday, Clinton made his trail debut with travel across rural communities in Eastern and South Georgia to encourage Georgians to vote early.
Last night, on the eve of early in-person voting in the state, Clinton stumped for the Harris-Walz ticket in battleground Georgia, mounting the stakes of the election and the importance of voting.
“I want you to be happy, and I want you to know that I am here because I believe. I believe, based on my personal knowledge of the job and the candidates, that Kamala Harris will be a fine president,” he said.
“All we gotta do is show up. If we show up, we’ll win,” Clinton added.
The joint principal campaign events also come as Walz himself has made campaign stops related to early voting. The governor campaigned last week in Phoenix and Tucson on the first day of early voting in Arizona.
“I know you’ve started voting here in Arizona. It’s happening across the country. We can make a difference. And I think just the idea of having an administration building on these strong relationships, this is our opportunity to take this to the next level that we need to do,” Walz said at event with tribal leaders in Chandler, Arizona last Wednesday.
ABC News’ Selina Wang, Fritz Farrow, Gabriella Abdul-Hakim and Lalee Ibssa contributed to this report.
The Pentagon on Tuesday granted honorable discharges to more than 800 veterans who were separated from the U.S. military because of their sexual orientation during the “Don’t Ask, Don’t Tell” policy, which was in effect from February 1994 to September 2011.
More than 13,000 service members were kicked out under the policy, close to 2,000 of whom received less than fully honorable discharges, according to Christa Specht, head of legal policy at the DOD’s Office of the Undersecretary of Defense for Personnel and Readiness. After 2011, most of those who filed appeals were upgraded, but others might not have been aware this was an option.
Last year, the Defense Department began a proactive review of the remaining cases. The Pentagon announced Tuesday that its review has led to an upgrade for more than 800 veterans, without them having to appeal. This could affect the benefits they have access to.
“After a year of exceptional work, the Military Department Review Boards directed relief in 96.8% of the 851 cases that they proactively reviewed. What this means is that of the nearly 13,500 individuals who were administratively separated under Don’t Ask, Don’t Tell policy, and served long enough to receive a merit-based characterization of service, 96% now have an honorable discharge,” Defense Secretary Lloyd Austin said in a statement.
The vast majority of those separated under the policy now have honorable discharges, according to Austin.
DADT was signed into law in 1993 under the administration of then-President Bill Clinton. In December 2010, then-President Barack Obama signed into law a repeal of the policy. It took effect in 2011.
A suspect remains at large after a shooting at a California college critically injured an employee, school police said.
The shooting occurred at the Center for Media and Design, a Santa Monica College satellite, in Santa Monica shortly before 10 p.m. local time, school police said.
The shooting was “a workplace violence incident, not a random act,” Santa Monica College Chief of Police Johnnie Adams said in a statement.
The employee was transported to a local hospital in critical condition, according to Adams.
The suspect remains at large, Adams said Tuesday.
The Santa Monica Police Department is leading the investigation into the shooting. The incident is believed to be isolated and “there is no information suggesting the suspect remains in Santa Monica or is a threat to the community,” the department said in a statement.
No additional details are being released on the suspect or victim at this time amid the ongoing investigation, a school spokesperson said.
All Santa Monica College campuses are closed on Tuesday “to prioritize the safety and well-being of our community,” Adams said.
“Santa Monica College remains committed to maintaining a safe environment for all employees and students,” he said.
The Santa Monica Police Department said it will be providing extra patrols around schools on Tuesday.
Ninety-two people remain unaccounted for in hard-hit North Carolina in the wake of the “catastrophic disaster” left behind by Hurricane Helene, Gov. Roy Cooper said Tuesday.
The number will continue to fluctuate as new reports come in and other reports are resolved, Cooper said.
This comes as North Carolina continues to face “a persistent and dangerous flow of misinformation” about recovery efforts, the governor said.
“If you’re participating in spreading this stuff, stop it,” Cooper said. “Whatever your aim is, the people you are really hurting are those in western North Carolina who need help. The safety of our government and volunteer response workers, including FEMA, remains a top priority. “
The governor said he’s directed the state’s Department of Public Safety to “coordinate law enforcement assistance for FEMA and other responders who need it to help assure their safety and security, so people can keep getting the help that they desperately need.”
This weekend, a Bostic, North Carolina, man armed with a handgun and rifle was arrested for allegedly threatening to harm workers from the Federal Emergency Management Agency in the state, authorities said.
FEMA Administrator Deanne Criswell did not address the arrest at Tuesday’s news conference, but she said, “Over the weekend, out of an abundance of caution, we made operational changes to keep FEMA personnel safe, but none of the changes we made impacted ongoing search and rescue or other life safety operations.”
“It’s heartbreaking to see words or acts of hatred toward anyone, let alone federal responders who are here to help people in this critical time,” Criswell said.
“We are not going anywhere,” she said. “Misinformation will not deter us from our mission.”
This is a developing story. Please check back for updates.
