Lawyers for two ex-officers accused in Tyre Nichols’ death rest their cases in federal trial

Lawyers for two ex-officers accused in Tyre Nichols’ death rest their cases in federal trial
Lawyers for two ex-officers accused in Tyre Nichols’ death rest their cases in federal trial
Witthaya Prasongsin/Getty Images

(MEMPHIS, Tenn.) — Attorneys for two of the three former Memphis police officers facing charges in the January 2023 beating death of Tyre Nichols rested their cases on Monday.

Demetrius Haley’s and Tadarrius Bean’s lawyers said they wouldn’t call any more witnesses to the stand, according to WATN-TV. The two ex-officers did not testify at the trial, but Justin Smith, the third defendant, might be called to the stand. Martin Zummach, Smith’s attorney, said in opening arguments that the former officer will testify, according to WATN.

Smith, Bean and Haley were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison if convicted, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.

Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.

Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.

Michael Stengel, Haley’s lawyer, and John Perry, Bean’s attorney, each called for the testimony of police-use-of-force experts in previous days attempting to justify the officers’ actions during the encounter with Nichols.

Zummach called Jared Zwickey, who had been in law enforcement for 50 years, to the stand as an expert witness, according to WATN. Zwickey testified that the actions of Smith, who was characterized as the unit’s team leader, were consistent with Memphis police and national policing standards and training.

“Hit him,” Smith could be heard saying on police body camera video during the beating, according to WATN.

“It’d be appropriate if the officer needed help,” Zwickey said when asked if Smith’s statement was appropriate during the Nichols’ encounter.

Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.

Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.

Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.

After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.

The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.

The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.

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California bans legacy admissions in all colleges, universities

California bans legacy admissions in all colleges, universities
California bans legacy admissions in all colleges, universities
Students are seen on campus at the University of Southern California (USC) in Los Angeles, April 16, 2024. (Robyn Beck/AFP via Getty Images)

(NEW YORK) — California has become the fourth state to ban legacy admissions in the college application process, a practice that has long been criticized as favoring white or wealthy students based on their familial alumni connections.

“In California, everyone should be able to get ahead through merit, skill, and hard work,” Gov. Gavin Newsom said in a Monday statement. “The California Dream shouldn’t be accessible to just a lucky few, which is why we’re opening the door to higher education wide enough for everyone, fairly.”

The decision affects private and nonprofit universities. The University of California system eliminated legacy admission preferences in 1998, according to Newsom’s office.

Legacy admissions have come under heightened scrutiny following the Supreme Court’s decision to limit race-based affirmative action programs for colleges and universities in June 2023. California law had banned affirmative action in 1996.

“In light of this shift, proponents of AB 1780 advocated for admissions criteria that additionally ensure that factors like wealth or personal relationships do not unduly influence admissions decisions,” the governor’s office said in a statement.

The majority of Americans — 75% of those surveyed in a April 2022 Pew Research study — believe a student’s relationship to an alumni should not be a factor in admissions.

“AB 1780 aims to ensure that admissions decisions are based on merit rather than personal connections — reducing biases in the admissions process at private colleges in California,” the governor’s office said.

All private colleges and universities in California must now submit an annual report to ensure compliance.

Research has shown that legacy applicants are admitted at higher rates, but are not more qualified or academically superior applicants. They are also a less racially diverse population.

The Massachusetts Institute of Technology and University of Colorado-Boulder analyzed 16 years of data from an unnamed elite university in a September 2022 study released in the journal American Sociological Review.

It found that 34.2% of legacy applicants were admitted, compared to 13.9% of non-legacy applicants — most of them white, and most of them wealthier than their counterparts. These students are from ZIP codes with higher mean incomes and are less likely to apply for financial aid with their application, the study said. They are also flagged by the school as having high donor potential.

An analysis from the Institute for Higher Education Policy in 2021 found that 53% of selective four-year colleges consider legacy status in their admissions decisions.

California joins Colorado, Maryland and Virginia in banning these practices, reinforcing bans that hundreds of colleges have already implemented.

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Family of man fatally shot by police officer in his home calls for ‘accountability’

Family of man fatally shot by police officer in his home calls for ‘accountability’
Family of man fatally shot by police officer in his home calls for ‘accountability’
Shareif Ziyadat/Getty Images for United Justice Coalition

(DALLAS) — Former Dallas police officer Amber Guyger became eligible for parole over the weekend, five years after being convicted of murder in the fatal 2018 shooting of Botham Jean. Jean’s family is calling for the parole board to reject early release for Guyger and to ensure that she serves her full 10-year sentence.

“We have to deal with that sentence for the rest of our lives. So for the person responsible for taking Botham away from us just unjustly and senselessly, the logical thing to do is to have her serve her full sentence,” Allisa Charles-Findley, Jean’s sister, told ABC News in an interview on Monday. “And 10 years, to me, it’s a light sentence for murder.”

Guyger fatally shot 26-year-old Jean on Sept. 6, 2018 while he was eating ice-cream in his Dallas, Texas, home after mistakenly entering his apartment believing it was her own. She was convicted of murder on Oct. 1, 2019, after a jury unanimously rejected Guyger’s self-defense claims in the fatal shooting.

Charles-Findley and her family, including her mother and brother Brandt, who publicly forgave Guyger in an extraordinary moment during her sentencing hearing in 2019, all want to see Guyger serve her full sentence and are planning to share their thoughts in interviews with the parole board next week, she told ABC News.

“Brandt’s forgiveness of Amber Guyger does not mean that she does not get to be punished for her crime,” Charles-Findley said. “Forgiveness doesn’t supersede punishment, so whether he forgave her or not, that has no bearing on her serving her full sentence for committing that crime.”

The date for Guyger’s parole hearing hasn’t been set, and her attorney didn’t immediately respond to ABC News’ request for comment.

Death of an innocent man: Timeline of wrong-apartment murder trial of Amber Guyger

Guyger was sentenced to 10 years in prison on Oct. 2, 2019 and became eligible for parole on Sunday — the day that would have been Jean’s 33rd birthday.

With Guyger ‘s parole eligibility, Charles-Findley said that her brother’s birthday this year was a “very difficult day” for the family as they honored his memory.

“Botham was a praise leader at church, so every single song just reminded me of him. I could hear him singing it,” she said. “So yesterday was hard. We spent it together at church. But after that, I just needed time alone and, like the past six years, I’ve spent Botham’s birthday just crying in bed.”

Guyger, who was fired from her job as a Dallas police officer in the wake of the shooting, was initially facing a maximum sentence of up to 99 years in prison in this case.

Her sentence initially disappointed Jean’s family, with some of them breaking down in tears and shaking their heads after it was announced.

“Ten years was a bitter pill to swallow, but eventually I accepted it,” Charles-Findley told ABC News. “So now, five years later, to have to deal with her being eligible for early release … it feels like just going through this whole trial all over again, because every single minute I have this pit in my stomach just wondering if she will be let go early, and how, how am I now supposed to accept it?”

Amber Guyger convicted of murder in wrong-apartment killing of innocent man

While delivering her victim impact statement ahead of Guyger’s October 2019 sentencing hearing, Jean’s mother, Allison Jean, said she has struggled to work or sleep and her family’s lives had not been the same since her middle child was killed.

“I have to keep the family together because everybody’s in pain,” she said.

Meanwhile, Guyger’s mother, Karen Guyger, said that her daughter hasn’t been the same since the shooting and she “wanted to take [Jean’s] place. She’d always tell me she wished she could have taken his place. She feels very bad about it.”

Jean’s then-18-year-old brother took the witness stand and spoke to Guyger.

“I know if you go to God and ask him, he will forgive you,” Brandt Jean said.

Brandt Jean, who opened up about why he chose to forgive his brother’s killer in an exclusive interview with “Good Morning America” on Oct. 4, 2019, then asked the judge if he could give Guyger a hug — a request that the judge granted.

“This is what you have to do to set yourself free,” Brandt Jean told “GMA.” “I didn’t really plan on living the rest of my life hating this woman.”

Extraordinary act of mercy: Brother of Botham Jean hugs and forgives Amber Guyger after 10-year sentence imposed

Charles-Findley said that while her brother forgave Guyger because it was “necessary for him to be relieved of the burden,” she is “not there yet.”

“I haven’t started to process forgiving Amber Guyger. I know for me, my reasoning is, I don’t believe her story. I don’t believe she has been honest with the events that took place that night,” she said.

Charles-Findley has petitioned the U.S. Department of Justice to look into this case as she seeks “full accountability,” she noted.

“As his big sister, I will not stop until I just try my hardest to get full accountability for him because he deserves it. He did nothing wrong. Eating ice cream in your apartment, watching football is not a crime, no matter the color of your skin,” she said.The Justice Department didn’t immediately respond to ABC News’ request for comment.

After her conviction, Guyger’s attorney filed multiple appeals, but they were rejected by the Court of Criminal Appeals — Texas’s highest court — in 2022, according to ABC Dallas affiliate WFAA.

Unless she is released on parole, court records indicated that Guyger has a projected release date of Sept. 29, 2029.

ABC News’ Bill Hutchinson contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Hurricane Helene live updates: 121 dead, including 35 in hard-hit county

Hurricane Helene live updates: 121 dead, including 35 in hard-hit county
Hurricane Helene live updates: 121 dead, including 35 in hard-hit county
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News

(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.

Dozens have been killed.

Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.

Here’s how the news is developing:

Storm ‘unprecedented’ for western North Carolina

Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.

“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.

The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.

Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.

More than 300 roads are closed and some bridges have been destroyed, officials said.

Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.

FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”

“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”

Full extent of damage still unclear: Homeland security adviser

Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.

“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.

Sherwood-Randall said about 600 people are unaccounted for.

“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.

Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.

With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”

She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”

-ABC News’ Molly Nagle

Sen. Rick Scott calls for Senate to reconvene to pass emergency aid

Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.

“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.

Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.

The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.

-ABC News’ Allison Pecorin

How to help

Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.

Trump visits hard-hit Valdosta, Georgia

Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”

“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”

“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.

The former president held a “moment of silence and prayer” for those killed in the storm.

Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.

Trump said he’ll also visit North Carolina as the state works to recover from Helene.

Biden plans to visit storm zone Wednesday or Thursday

President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”

Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.

“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.

“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.

Biden said he’s directed his team “to provide every available resource as fast as possible.”

Biden vowed, “We’re not leaving until the job is done.”

Helene ‘spared no one’ in Georgia, governor says

Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.

Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.

More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.

Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.

35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina

Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.

County officials said people will go door-to-door to check on those who have been reported missing.

Shelters are at capacity, officials said.

The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.

-ABC News’ Alex Faul and Jessica Gorman

600 people still unaccounted for in hard-hit Buncombe County, North Carolina

Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.

County officials said people will go door-to-door to check on those who have been reported missing.

Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.

Buncombe County remains under a state of emergency.

-ABC News’ Jessica Gorman

Helene remnants move into mid-Atlantic

After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.

As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.

There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.

-ABC News’ Max Golembo

Harris planning visit to communities impacted by Helene

Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.

Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.

At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.

“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”

-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie

Gov. DeSantis says power restored to all but 111K in Florida

Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.

DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.

The governor said power was back for 2.3 million customers, and 99% of the state has power.

He added that power remains out for 111,000 customers.

Biden intends to visit hurricane zone this week

President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.

In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”

Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.

The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.

“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.

-ABC News’ Sarah Kolinovsky

Trump to visit Valdosta, Georgia

Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.

President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”

When asked by reporters about his message to the victims, Biden said, “It’s tragic.”

“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.

Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”

-ABC News’ Michelle Stoddart

25 dead in South Carolina

Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.

“We don’t want to lose any more,” McMaster said.

Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.

The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.

-ABC News’ Jason Volack

FEMA sending more search and rescue teams to North Carolina

FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.

“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.

Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”

“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.

Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.

“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.

“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.

-ABC News’ Michelle Stoddart and Jason Volack

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Wrongful conviction of Jon-Adrian Velazquez in retired officer’s killing vacated after over 20 years

Wrongful conviction of Jon-Adrian Velazquez in retired officer’s killing vacated after over 20 years
Wrongful conviction of Jon-Adrian Velazquez in retired officer’s killing vacated after over 20 years
Jason Marz/Getty Images

(NEW YORK) — A New York judge on Monday vacated the conviction and dismissed the case against Jon-Adrian Velazquez, who spent more than 20 years in prison for a murder prosecutors now say he did not commit.

“Who am I? I’m a very lucky man. I’m lucky that so many people believed in me,” Velazquez, 48, who was formally released in 2021, said outside of the court.

According to Manhattan District Attorney Alvin L. Bragg’s office, two individuals committed a robbery of a gambling parlor on Frederick Douglass Boulevard in Harlem on Jan. 27, 1998. During the robbery, retired police detective Albert Ward pulled a gun and a struggle ensued with one of the armed robbers, who identified himself as “Tee.”

“Tee” shot and killed Ward, according to Bragg’s office.

The then-22-year-old Velazquez was arrested, along with Derry Daniels, and convicted for Ward’s murder at trial in 1999. He served more than 23 years in prison until his sentence was commuted in 2021. On Sept. 30, 1999, over 18 months after he was arrested, Daniels pleaded guilty to a single count of robbery in the second degree and was sentenced to 12 years in prison as a repeat felon, according to his attorneys. Daniels was released in 2008.

In 2022, the city’s Post-Conviction Justice Unit compared Velazquez’s DNA to a betting slip that “Tee” handled before shooting Ward. Velazquez’s DNA was not found on the slip. This type of DNA comparison was not available at the time of Velazquez’s trial in 1999.

According to Bragg’s office, the reinvestigation into Ward’s murder found that the DNA testing results could have impacted the jury’s consideration of other trial evidence, including Velazquez’s alibi, the lack of evidence connecting him to the crime and inconsistent witness descriptions.

Velazquez was granted clemency in 2021 by then-Gov. Andrew Cuomo and spoke with President Joe Biden as an activist for criminal justice reform.

His case is featured in the 2023 movie, “Sing Sing,” named for the prison, about a wrongfully imprisoned man who “finds purpose by acting in a theatre group with other incarcerated men,” according to A24.

“JJ Velazquez has lived in the shadow of his conviction for more than 25 years, and I hope that today brings with it a new chapter for him,” Bragg said in a statement. The reinvestigation was conducted by the Office’s Post-Conviction Justice Unit and defense counsel for Velazquez.

The creation of the Post-Conviction Justice Unit in 2022 has led to 10 vacated convictions, Bragg said.

“These convictions have deep consequences for individuals and their loved ones, compromise public safety and undermine trust in the criminal justice system, which is why this work is of the utmost importance to me,” Bragg said.

Copyright © 2024, ABC Audio. All rights reserved.

Hundreds of miles from landfall, Hurricane Helene’s ‘apocalyptic’ devastation unfolds

Hundreds of miles from landfall, Hurricane Helene’s ‘apocalyptic’ devastation unfolds
Hundreds of miles from landfall, Hurricane Helene’s ‘apocalyptic’ devastation unfolds
Heavy rains from hurricane Helene caused record flooding and damage in Asheville, NC, Sept. 28, 2024. — Melissa Sue Gerrits/Getty Images

(NEW YORK) — The death toll from Hurricane Helene is still climbing as Americans across the Southeast count the cost of last week’s massive storm.

The storm made landfall Thursday night as a Category 4 hurricane in Florida’s Big Bend region with sustained winds of 140 mph.

Helene intensified as it approached the U.S. coast, bringing with it devastating winds, massive flooding and enormous storm surge.

In North Carolina, extreme floods washed away homes and bridges. At one point, authorities closed 400 roads deeming them unsafe for travel. At least 30 people died and dozens are missing, state authorities said.

“This is an unprecedented tragedy that requires an unprecedented response,” North Carolina Gov. Roy Cooper said.

Members of the National Guard and relief teams from 19 states joined search and rescue missions in the state.

William Ray, the director of the North Carolina Department for Public Safety emergency management, said response teams “are working around the clock to make rescues, to access neighborhoods.”

In Asheville, there has been no cell service or water supply for several days. Zeb Smathers — the mayor of Canton, to the west of Asheville — told Good Morning America the situation was “apocalyptic, not just for Canton, but the entire region.”

The area is suffering from a total cell phone “blackout,” Smathers said, meaning residents are unable to check on loved ones or urge those at risk from further flooding to evacuate.

Parts of North Carolina were inundated with up to 30 inches of rain, triggering deadly flash floods and landslides.

In Lake Lure in the west of the state, resident George Carter told Good Morning America: “When you turn the corner and you see your community just full of buildings and trash and floating boathouses and floating homes, it just sort of takes your breath away.”

“It was scary,” he added.

Adam Jackon, from Tyron, North Carolina, said neighbors were trapped by falling trees.

There were “probably 50 trees blocking my neighbors from coming out,” he said. “I started helping them yesterday, the neighbors at the other end of the road. We got us out, but the other neighbors are trapped.”

The Painter family from Asheville, meanwhile, returned home to find 35,000 gallons of water in their basement. “It’s eerie,” Jacob Painter said. “I had a pit in the bottom of my stomach the whole time.”

“You’re stepping on mud and trying not to fall because it’s so thick and slippery,” Ciara Lantz-Painter said.

Randall Houghton spoke with Good Morning America near a devastated motorhome site. His camper was washed away by floodwaters, he said, forcing him to spend the night on the side of the road.

“It’s crazy,” said Houghton. “I anticipated something bad when she said the water is going to come over the top of the parking tables.”

At least two people were killed in Tennessee, though that number may rise as search and rescue efforts continue. More than 70 people are still missing, state officials said.

Among them is Steve Cloyd, whose jeep was found in the aftermath of the storm, according to his family.

His family’s hope, wife Keli told Good Morning America, is that Steve was able to escape the vehicle. “I need that big one, so I can breathe again, so my kids can breathe again,” she said.

“His Minnesota Vikings won today. So I want to sit here and watch those highlights with him.”

ABC New’s Joel Lyons, Dom Proto, Octavio Cadenas, Alex Colletta and Kimberly Randolph contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Hurricane Helene live updates: 91 dead after storm brought ‘biblical’ damage

Hurricane Helene live updates: 121 dead, including 35 in hard-hit county
Hurricane Helene live updates: 121 dead, including 35 in hard-hit county
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News

(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.

Dozens have been killed.

Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.

Here’s how the news is developing:

Helene remnants move into mid-Atlantic

After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.

As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.

There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.

-ABC News’ Max Golembo

Harris planning visit to communities impacted by Helene

Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.

Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.

At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.

“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”

-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie

Gov. DeSantis says power restored to all but 111K in Florida

Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.

DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.

The governor said power was back for 2.3 million customers, and 99% of the state has power.

He added that power remains out for 111,000 customers.

Biden intends to visit hurricane zone this week

President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.

In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”

Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.

The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.

“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.

-ABC News’ Sarah Kolinovsky

Trump to visit Valdosta, Georgia

Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.

President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”

When asked by reporters about his message to the victims, Biden said, “It’s tragic.”

“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.

Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”

-ABC News’ Michelle Stoddart

25 dead in South Carolina

Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.

“We don’t want to lose any more,” McMaster said.

Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.

The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.

-ABC News’ Jason Volack

FEMA sending more search and rescue teams to North Carolina

FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.

“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.

Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”

“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.

Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.

“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.

“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.

-ABC News’ Michelle Stoddart and Jason Volack

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NYC Mayor Eric Adams seeks dismissal of bribery charge brought by ‘zealous’ prosecutors

NYC Mayor Eric Adams seeks dismissal of bribery charge brought by ‘zealous’ prosecutors
NYC Mayor Eric Adams seeks dismissal of bribery charge brought by ‘zealous’ prosecutors
Eric Adams, mayor of New York, exits federal court after his arraignment in New York, US, on Friday, Sept. 27, 2024. — Michael Nagle/Bloomberg via Getty Images

(NEW YORK) — The bribery charge against New York Mayor Eric Adams is “extraordinarily vague” and brought by “zealous prosecutors” who spent years “casting about” for something to support a criminal case against the mayor, a defense attorney said Monday in a new court filing.

Federal prosecutors accused Adams of accepting more than $100,000 in airline upgrades and luxury hotel stays from Turkey and, in 2021, when a Turkish official told Adams it was “his turn,” Adams allegedly pressured the New York City Fire Department to rush a safety inspection of the new Turkish consulate in Manhattan.

Adams was arraigned on the charges on Friday. He pleaded not guilty one day after the indictment was unsealed.

The mayor’s attorney, Alex Spiro, argued on Monday that the alleged scheme “does not meet the definition of bribery” because the indictment does not say Adams agreed to perform any official act in exchange for the travel perks.

“Rather, it alleges only that while serving as Brooklyn Borough President — not Mayor or even Mayor-elect — he agreed generally to assist with the ‘operation’ or ‘regulation’ of a Turkish Consulate building in Manhattan, where he had no authority whatsoever,” Spiro wrote in a motion to dismiss the bribery count.

The defense suggested what Adams is accused of doing is routine, not criminal.

“That extraordinarily vague allegation encompasses a wide array of normal and perfectly lawful acts that any City official would undertake for the consulate of important foreign nation,” the motion said. “The three innocuous messages Adams allegedly sent to the Fire Commissioner here fall far short of the kind official act necessary for bribery.”

Adams has pleaded not guilty to all five counts he faces. He is due back in court on Wednesday.

Spiro said the other four counts should also be dismissed.

Copyright © 2024, ABC Audio. All rights reserved.

DOJ sues Alabama election official for allegedly purging voters too close to the election

DOJ sues Alabama election official for allegedly purging voters too close to the election
DOJ sues Alabama election official for allegedly purging voters too close to the election
Anna Moneymaker/Getty Images

(NEW YORK) — The Department of Justice sued the State of Alabama and its top election official on Friday for allegedly removing voters from its election rolls too close to the November election.

Last month, Alabama Secretary of State Wes Allen announced that he had begun inactivating the voter registrations of 3,251 people who had been previously issued noncitizen identification numbers.

The National Voter Registration Act prohibits states from removing voters from rolls within 90 days of a federal election, and Alabama’s voter roll maintenance commenced 84 days ahead of the November election, the Justice Department alleged.

“The right to vote is one of the most sacred rights in our democracy,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.

A Justice Department review of the purge also identified multiple native-born and naturalized citizens who were incorrectly identified as potential noncitizens during the voter purge. A coalition of voting rights groups separately sued Allen earlier this month over the move, alleging he illegally targeted and intimidated naturalized citizens.

The Justice Department seeks injunctive relief that “would restore the ability of impacted eligible voters to vote unimpeded on Election Day,” the department said in a statement.

It also seeks mailings to educate eligible voters concerning the restoration of their rights and “adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens.”

Alabama Secretary of State Allen declined to comment on the DOJ lawsuit but said in a statement, “I was elected Secretary of State by the people of Alabama, and it is my Constitutional duty to ensure that only American citizens vote in our elections.”

Copyright © 2024, ABC Audio. All rights reserved.

NASA, SpaceX prepare to launch capsule to bring home Starliner astronauts

NASA, SpaceX prepare to launch capsule to bring home Starliner astronauts
NASA, SpaceX prepare to launch capsule to bring home Starliner astronauts
Joe Raedle/Getty Images

(NEW YORK) — NASA and SpaceX are set to launch a critical mission Saturday to bring home the two astronauts who flew Boeing’s Starliner to the International Space Station.

The SpaceX Crew-9 Dragon will take off with two empty seats and extra spacesuits for Barry “Butch” Wilmore and Sunita “Suni” Williams, who have been in space since June. Wilmore and Williams performed the first crewed test flight of the Starliner and were supposed to be on the ISS for about a week.

NASA and Boeing officials decided to send Starliner back to Earth last month after several mechanical issues, keeping Wilmore and Williams onboard the ISS until February 2025.

The unmanned Starliner landed safely at the White Sands Missile Range in New Mexico in the early hours of Sept. 7.

The Dragon spacecraft was originally scheduled to travel to the ISS with four astronauts for a routine science mission. Astronauts Nick Hague and Aleksandr Gorbunov will crew the spacecraft to the ISS.

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