Paul Pelosi attacker David DePape apologizes during resentencing hearing

Paul Pelosi attacker David DePape apologizes during resentencing hearing
Paul Pelosi attacker David DePape apologizes during resentencing hearing
Jason Marz/Getty Images

(SAN FRANCISCO) — The man convicted of breaking into former House Speaker Nancy Pelosi’s home and attacking her husband Paul Pelosi apologized for the assault during his resentencing hearing on Tuesday.

David DePape, 44, was sentenced again to 30 years in federal prison on Tuesday for the 2022 break-in and attack at the Pelosis’ San Francisco home, according to San Francisco ABC station KGO.

Judge Jacqueline Scott Corley initially sentenced DePape to 30 years in federal prison on May 17, but the sentencing was subsequently reopened after prosecutors noted that DePape was never formally given the opportunity to address the court during the hearing.

Corley apologized to DePape for the oversight on Tuesday, saying, “I’m truly sorry for my mistake,” and said she would “carefully consider” anything he told the court to determine an appropriate sentence, according to KGO.

DePape did address the court and apologized, saying he feels “horrible about what I did to Paul,” KGO reported.

“I’m sorry for what I did, especially what I did to Paul Pelosi,” he said, according to KGO. “I should have just left the house when I realized Nancy Pelosi wasn’t home.”

Corley ended up giving DePape the same sentence as before, noting the severity of his crimes and the need to set a precedent, according to KGO.

A jury found DePape guilty in November 2023 of attempted kidnapping of a federal officer or employee and assault of an immediate family member of a federal official.

Defense attorneys filed a brief notice of appeal following his initial sentencing on May 17.

DePape admitted during the trial that he was looking for Nancy Pelosi to question her about Russian influence on the 2016 election and planned to hold her hostage, but only Paul Pelosi was home when he broke in on Oct. 28, 2022.

Paul Pelosi said on the stand during the federal trial that DePape repeatedly asked him, “Where is Nancy?”

DePape hit Paul Pelosi, then 82 years old, with a hammer, causing major injuries, including a skull fracture, though DePape told the court he was “never my target.”

“I’m sorry that he got hurt,” DePape said during the federal trial. “I reacted because my plan was basically ruined.”

The incident was captured on police body camera video by officers who responded to the scene.

Paul Pelosi was hospitalized for six days and underwent surgery to repair a skull fracture and serious injuries to his right arm and hands.

DePape also faces state charges in the attack. Jury selection began last week in the case.

In the state case, he was charged with attempted murder, assault with a deadly weapon, residential burglary, elder abuse, false imprisonment and threatening the life or serious bodily harm to a public official. He pleaded not guilty.

If convicted, he faces 13 years to life in prison, according to the San Francisco District Attorney’s Office.

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‘General Hospital’ actor Johnny Wactor shooting: Police urge public to help find 3 suspects

‘General Hospital’ actor Johnny Wactor shooting: Police urge public to help find 3 suspects
‘General Hospital’ actor Johnny Wactor shooting: Police urge public to help find 3 suspects
Craig Sjodin/ABC/Getty Images

(LOS ANGELES) — Los Angeles police are urging the public to come forward with any information about the three unknown suspects wanted in the killing of former “General Hospital” actor Johnny Wactor.

The 37-year-old actor was shot around 3:25 a.m. Saturday, after he ended his shift at a downtown Los Angeles bar and walked to his car, according to the Los Angeles Police Department.

He was confronted by three people who had his car “raised up with a floor jack and were in the process of stealing the catalytic converter,” police said in a statement.

Wactor’s family and friends said the actor was with a female co-worker, and he immediately stepped in front of her to try to protect her.

“They had a mask on and they pulled out a gun,” Wactor’s friend, Colin Flynn, told ABC News. “And from what I understand, Johnny literally stood in between himself and his colleague. And the shooter just pulled the trigger and ran away.”

Wactor was shot “without provocation,” police said.

“Johnny’s just an unbelievable friend,” Flynn said. “Such a humble, loving, passionate person. He did tons of service to help other people.”

As police search for the three unknown suspects, Jim McDonnell, former Los Angeles County sheriff and current director of the Safe Communities Institute at the University of Southern California, said investigators should be combing the area for surveillance cameras.

“At some point, [the suspect] put that mask on — when was that? Are you able to get any footage that would show that?” McDonnell told ABC News.

The suspects also may be sharing details of the crime themselves, McDonnell said. After committing a crime, people can be worried about their actions or proud about what they did, McDonnell said — and often they share those feelings, either with friends or on social media.

“And we hope in this case that somebody does step forward, have the courage to do that — make a call and hold people accountable,” McDonnell said.

The three suspects were wearing dark clothes and driving a dark sedan, police said. The LAPD urges anyone with information to call 213-996-4142. Anonymous tips can be submitted to LA Regional Crime Stoppers at 1-800-222-TIPS.

ABC News’ Jason Nathanson contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Texas remains in the eye of more severe weather following deadly holiday weekend tornado outbreak

Texas remains in the eye of more severe weather following deadly holiday weekend tornado outbreak
Texas remains in the eye of more severe weather following deadly holiday weekend tornado outbreak
ABC News

(NEW YORK) — The most active spring in the U.S. for severe weather in 13 years continued Tuesday with wind gusts of more than 70 mph and thunderstorms prompting new tornado warnings in Texas after twisters tore through the Great Plains and Midwest over the Memorial Day weekend, killing 22 people and and cutting miles-long paths of destruction.

Dangerous weather whipped up again in central Texas early Tuesday, causing the National Weather Service to issue a shelter-in-place warning to residents of Fort Worth, where 77 mph wind gusts were reported in the area just before 6 a.m. CT.

By 6:30 a.m., the NWS had issued a tornado warning for residents southeast of Dallas, including the cities of Garland, Mesquite and Richardson.

Severe weather, including the possibility of large-sized hail and tornadoes, is also being forecast for most of central Texas with storms expected to develop in Waco, Austin, San Antonio, Abilene and Midland. Heavy rain over the next 24 hours is also triggering flash-flood warnings for most of Texas with 3 to 5 inches of rain forecast from Dallas to San Antonio.

Making matters worse were widespread power outages. Oncor, Texas’ largest electrical provider, reported that more than 600,000 customers had lost power Tuesday morning.

At least 1,336 severe storms in the last four days have ravaged a large part of the nation from Texas through the Midwest and up to the Northeast. This spring has seen the most severe storms since 2011.

The National Weather Service said it received 76 reports of tornadoes over the holiday weekend in Texas, Oklahoma, Arkansas, Missouri and Kansas.

At least 22 people were killed in severe-weather incidents over the weekend, officials said.

Texas Gov. Greg Abbott said 106 counties in Texas were under disaster declarations over the weekend, adding that more than 200 homes or structures were destroyed and another 120 were damaged.

One of the most destructive twisters touched down Saturday in Valley View, Texas, about 60 miles northwest of Dallas, causing seven deaths, including two children from the same family, officials said. The North Texas twisters caused major damage to the FRF Estates community and the Gateway AP Travel Center, both in Valley View, officials said.

The Valley View tornado, confirmed by the National Weather Service as an EF-2 on the Enhanced Fujita tornado rating scale with winds of up to 135 mph, was the deadliest tornado to hit Texas since December 2015 when a twister killed 10 people near Dallas.

Members of the Bolden family told ABC News that they were traveling through Valley View when a tornado warning prompted them to pull off the road and seek shelter at the Gateway AP Travel Center.

“We got out and went in the store, and five minutes later, the power went out,” Anjelic Bolden told ABC’s “Good Morning America” Tuesday. “And when the power went out, I ran to the bathroom and hid under the sink in the bathroom. I was scared for my life. I never experienced that before.”

Kenneth Bolden Sr. said he and his son took shelter in the men’s room of the travel center as the roof caved in.

“My ears were popping. You couldn’t even focus on anything because everything was just moving, people were screaming, babies were crying and all you wanted to do was wish that it was over,” Bolden Sr. told GMA.

The dangerous weather also prompted major delays for holiday travelers at airports in Dallas, Atlanta and New York City.

Copyright © 2024, ABC Audio. All rights reserved.

Most active severe-weather season in 13 years continues to wreak havoc in Texas

Texas remains in the eye of more severe weather following deadly holiday weekend tornado outbreak
Texas remains in the eye of more severe weather following deadly holiday weekend tornado outbreak
ABC News

(NEW YORK) — The most active spring in the U.S. for severe weather in 13 years continued Tuesday with wind gusts of more than 70 mph and thunderstorms prompting new tornado warnings in Texas after twisters tore through the Great Plains and Midwest over the Memorial Day weekend, killing 22 people and and cutting miles-long paths of destruction.

Dangerous weather whipped up again in central Texas early Tuesday, causing the National Weather Service to issue a shelter-in-place warning to residents of Fort Worth, where 77 mph wind gusts were reported in the area just before 6 a.m. CT.

By 6:30 a.m., the NWS had issued a tornado warning for residents southeast of Dallas, including the cities of Garland, Mesquite and Richardson.

Severe weather, including the possibility of large-sized hail and tornadoes, is also being forecast for most of central Texas with storms expected to develop in Waco, Austin, San Antonio, Abilene and Midland. Heavy rain over the next 24 hours is also triggering flash-flood warnings for most of Texas with 3 to 5 inches of rain forecast from Dallas to San Antonio.

Making matters worse were widespread power outages. Oncor, Texas’ largest electrical provider, reported that more than 600,000 customers had lost power Tuesday morning.

During a news conference Tuesday, Dallas County Judge Clay Jenkins warned that some residents could be waiting for a prolonged period to get their power restored.

“This, unfortunately, will be a multi-day power outage situation,” said Jenkins, who issued a declaration of disaster for Dallas County.

Jenkins added, “This is a broken lines problem brought about by straight-line winds.”

Jenkins said Oncor is prioritizing getting power restored to critical infrastructure, including hospitals and nursing homes that were operating Tuesday on emergency generators.

Grant Cruise, a spokesperson for Oncor, said a storm that swept through the utility company’s service territory around 5 a.m. on Tuesday brought baseball-size hail, winds over 80 mph and “a significant amount of cloud-to-ground lightning.”

Cruise said that as of 11:30 a.m. ET, more than 600,000 Oncor customers were without electricity.

Scott Forester, chief of Dallas County Emergency Management, warned people to stay away from the numerous downed powerlines in the area.

“We want to be safe. We want to make sure we stay away from downed powerlines. Assume every downed line is live,” Forester said.

At least 1,336 severe storms in the last four days have ravaged a large part of the nation from Texas through the Midwest and up to the Northeast. This spring has seen the most severe storms since 2011.

The National Weather Service said it received 76 reports of tornadoes over the holiday weekend in Texas, Oklahoma, Arkansas, Missouri and Kansas.

At least 22 people were killed in severe-weather incidents over the weekend, officials said.

Texas Gov. Greg Abbott said 106 counties in Texas were under disaster declarations over the weekend, adding that more than 200 homes or structures were destroyed and another 120 were damaged.

One of the most destructive twisters touched down Saturday in Valley View, Texas, about 60 miles northwest of Dallas, causing seven deaths, including two children from the same family, officials said. The North Texas twisters caused major damage to the FRF Estates community and the Gateway AP Travel Center, both in Valley View, officials said.

The Valley View tornado, confirmed by the National Weather Service as an EF-2 on the Enhanced Fujita tornado rating scale with winds of up to 135 mph, was the deadliest tornado to hit Texas since December 2015 when a twister killed 10 people near Dallas.

Members of the Bolden family told ABC News that they were traveling through Valley View when a tornado warning prompted them to pull off the road and seek shelter at the Gateway AP Travel Center.

“We got out and went in the store, and five minutes later, the power went out,” Anjelic Bolden told ABC’s “Good Morning America” Tuesday. “And when the power went out, I ran to the bathroom and hid under the sink in the bathroom. I was scared for my life. I never experienced that before.”

Kenneth Bolden Sr. said he and his son took shelter in the men’s room of the travel center as the roof caved in.

“My ears were popping. You couldn’t even focus on anything because everything was just moving, people were screaming, babies were crying and all you wanted to do was wish that it was over,” Bolden Sr. told GMA.

The dangerous weather also prompted major delays for holiday travelers at airports in Dallas, Atlanta and New York City.

Copyright © 2024, ABC Audio. All rights reserved.

Trump trial live updates: ‘President Trump is innocent,’ defense lawyer says in closing

Trump trial live updates: ‘President Trump is innocent,’ defense lawyer says in closing
Trump trial live updates: ‘President Trump is innocent,’ defense lawyer says in closing
SimpleImages/Getty Images

(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Here’s how the news is developing:

May 28, 9:55 AM
Defense attacks Michael Cohen’s credibility

“It’s a paper case,” defense attorney Todd Blanche says. “This case is not about an encounter with Stormy Daniels 18 years ago. An encounter that President Trump has unequivocally and repeatedly denied ever occurred. It’s not even about a settlement in 2016.” 

“The bookings were accurate. And there was absolutely no intent to defraud,” he said. “And beyond that, there was no conspiracy to influence the 2016 election.”

Starting a PowerPoint showing the evidence, Blanche quickly seeks to made the case a referendum on the credibility of Michael Cohen, telling jurors he lied on the witness stand.

“You cannot convict President Trump of any crime beyond a reasonable doubt on the words of Michael Cohen,” Blanche said.

“He told you a number of things on that witness stand that were lies, pure and simple,” Blanche continued.

“The words that Michael Cohen said to you on that stand — they matter. He took an oath, he swore to tell the truth, and he told you a number of things on that witness stand that were lies, pure and simple,” Blanche said.

May 28, 9:47 AM
‘President Trump is innocent,’ defense lawyer says

“I’m going to start with something I can say i think with confidence … which is just to thank you. To thank you for your jury service,” defense attorney Todd Blanche told jurors to begin his closing argument.

“Each of you will decide … whether President Trump is guilty or not guilty,” he said.

All eyes in this courtroom are on Blanche. Every member of Trump’s family is looking at him. The jurors are staring at him, many with pens in their hands ready to take notes.

“President Trump is innocent,” Blanche said. “He did not commit any crimes, and the district attorney has not met their burden of proof. Period.”

May 28, 9:40 AM
Defense closings to take around 2.5 hours

Defense counsel Todd Blanche says he has a 2.5-hour closing, “maybe a little longer.”

Prosecutors say they estimate they have a 4 or 4.5-hour closing.

“Defense counsel must come up first, and the prosecutor must follow,” Judge Merchan said.

Merchan says he will ask the jury if they will work later than 4:30 p.m. to do all the closings in one day.

May 28, 9:34 AM
Proceedings underway

Judge Juan Merchan has taken his seat at the bench.

“Good morning, counsel. Good morning, Mr. Trump,” Merchan said in his normal greeting to start the proceedings.

May 28, 9:29 AM
Trump enters courtroom with several family members

Donald Trump has entered the courtroom alongside his lawyers.

Don Trump, Jr., Eric Trump, Lara Trump, and Tiffany Trump followed behind the former president and took seats in the gallery immediately behind the defense counsel table.

Today is the first time Tiffany Trump attended the trial, and it’s the largest showing of Trump family members on a single day of the trial.

Manhattan DA Alvin Bragg, also in court today, is seated behind his prosecution team.

May 28, 9:20 AM
Prosecutors, Trump arrive

Prosecutors have entered the courtroom, with Joshua Steinglass, Matthew Colangelo and Susan Hoffinger positioned behind counsel table.

Former President Trump has arrived at the courthouse.

May 28, 9:01 AM
Courtroom filled to capacity

The courtroom is filled to capacity this morning with more than 60 reporters crammed in the gallery’s wooden benches.

Over 150 members of the press and public lined up outside the courthouse this morning vying for admittance. The line appeared to be the longest of the entire trial.

The courtroom itself is a balmy 76 degrees this morning, after weeks of chilly temperatures that prompted Trump to complain about sitting in the cold conditions.

May 28, 8:32 AM
Sons, daughter expected to join Trump in court

Former President Trump is expected to be joined by a number of his children for today’s critical day in court.

Trump is set to be accompanied by his sons Eric and Don Jr., his daughter-in-law Lara Trump, and — for the first time — his daughter Tiffany, according to the Trump campaign.

It would be the largest family showing for Trump since the criminal trial began six weeks ago.

May 28, 6:56 AM
Jury to hear closing arguments

After five weeks of testimony, jurors in former President Trump’s hush money case are scheduled to hear closing arguments today.

Prosecutors with the Manhattan district attorney’s office and attorneys for Trump are both set to deliver closing statements.

Judge Juan Merchan is then expected to delivery jury instructions on Wednesday, after which jurors will begin deliberations.

Copyright © 2024, ABC Audio. All rights reserved.

Trump trial live updates: Jury to hear closing arguments

Trump trial live updates: ‘President Trump is innocent,’ defense lawyer says in closing
Trump trial live updates: ‘President Trump is innocent,’ defense lawyer says in closing
SimpleImages/Getty Images

(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Here’s how the news is developing:

May 28, 6:56 AM
Jury to hear closing arguments

After five weeks of testimony, jurors in former President Trump’s hush money case are scheduled to hear closing arguments today.

Prosecutors with the Manhattan district attorney’s office and attorneys for Trump are both set to deliver closing statements.

Judge Juan Merchan is then expected to delivery jury instructions on Wednesday, after which jurors will begin deliberations.

Copyright © 2024, ABC Audio. All rights reserved.

Closing arguments to begin in Trump hush money trial

Closing arguments to begin in Trump hush money trial
Closing arguments to begin in Trump hush money trial
Former U.S. President and Republican presidential candidate Donald Trump attends the NASCAR Cup Series Coca-Cola 600 at Charlotte Motor Speedway on May 26, 2024 in Concord, North Carolina. (Jared C. Tilton/Getty Images)

(NEW YORK) — Thirty-six days ago, prosecutors with the Manhattan district attorney’s office set out to convince a jury of 12 New Yorkers that Donald Trump broke the law by hiding damaging information from voters.

During closing arguments Tuesday, they’ll attempt to convince that jury to convict the former president on 34 felony counts — a historic decision in what could be the only one of Trump’s criminal cases that reaches a verdict before the 2024 election.

Prosecutors built their case across four weeks of testimony, calling 20 witnesses including Stormy Daniels, the adult film actress whose hush money payment sits at the center of the case; Michael Cohen, Trump’s former lawyer who made the payment to Daniels just days ahead of the 2016 election; and multiple Trump Organization employees who helped orchestrate Cohen’s alleged reimbursement in 2017.

With the burden on prosecutors to prove the case, Trump’s lawyers put on a brief defense case — calling just two witnesses — and sought to discredit key witnesses like Cohen and Daniels.

Some of the key events at the center of the case — that Daniels was paid $130,000 for her silence and that Cohen was paid $420,000 by Trump in 2017 — are undisputed by defense lawyers. As a result, the closing arguments are likely to focus on Trump’s awareness of Cohen’s conduct, and Trump’s motivations for allegedly approving the payments.

Prosecutors argue that Trump approved Daniels’ hush money payment to influence the election, while defense lawyers pin the arrangement on Cohen and say Trump was simply trying to protect his family. Defense lawyers attempted to cast Cohen’s alleged reimbursement after the election as legitimate payments processed by accountants at the Trump Organization, but prosecutors say the payments were disguised to hide their true purpose from voters.

The jury — comprised of seven men and five women including two lawyers, a schoolteacher, and a physical therapist — are expected to begin deliberating on Wednesday morning after Judge Juan Merchan instructs them on the law related to the case.

The prosecution’s case

The state’s case centers around what they argue was a pressing concern for Trump as he announced his candidacy in the 2016 election.

“There’s going to be a lot of women coming forward,” Cohen testified Trump warned him at the start of the campaign.

As the campaign gained momentum, prosecutors say Trump engaged in a criminal conspiracy that began with an August 2015 meeting at Trump Tower.

Former National Enquirer publisher David Pecker testified that during a meeting with Trump and Cohen, he agreed to help the Trump campaign by running positive stories about Trump, pushing negative stories about his opponents, and acting as the campaign’s “eyes and ears” by flagging negative stories about Trump related to women.

“If hear anything about women selling stories … I would notify Michael Cohen and then he would be able to have them killed in another magazine or have them not be published or somebody would have to purchase them,” Pecker testified.

Acting on his agreement with Trump and Cohen, Pecker said that his company paid for two stories, including a $30,000 payment to a former doorman who falsely alleged that Trump had an illegitimate child, and a $150,000 payment to former Playboy model Karen McDougal who alleged a months-long affair with Trump, which Trump has steadfastly denied.

Pecker told jurors that he had already spent too much on those agreements when he got word in October 2016 that Daniels was selling her story of an alleged 2006 sexual encounter with Trump that Trump has denied. Pecker testified that he flagged the story to Cohen, who told jurors that he brought the matter directly to Trump.

“This is really a disaster. Women will hate me. Guys may think it’s cool, but this is going to be a disaster for the campaign,” Cohen testified about Trump’s reaction to the story.

Prosecutors called Daniels to the witness stand to describe her alleged sexual encounter with Trump, offering details that prosecutors said were necessary for the jury to understand Trump’s motivation to kill the story.

“I told very few people that we had actually had sex because I felt ashamed that I didn’t stop it, that I didn’t say no,” Daniels told jurors.

The possibility of Daniels’ allegations becoming public came as Trump’s campaign was in crisis mode after the release of the infamous Access Hollywood tape, which prompted some prominent Republicans to withdraw their support for Trump and the Republican National Committee to consider finding a new candidate to replace him, former Trump aide and one-time RNC staffer Madeleine Westerhout testified.

Cohen told jurors that he spoke with Trump about the Daniels matter more than 20 times in October 2016. According to Cohen, Trump authorized him to make a $130,000 payment to Daniels pursuant to a nondisclosure agreement, effectively killing the story just days before the 2016 election.

Cohen also said that in January 2017, he attended a meeting with Trump and former Trump Organization CFO Allen Weisselberg where they agreed on a plan to reimburse Cohen for the Daniels payment and the taxes he would owe on the reimbursement — as well as his bonus and another expense reimbursement — through 12 $35,000 payments.

Jurors saw each of the invoices submitted by Cohen for legal services pursuant to a retainer agreement, as well as the internal vouchers generated by the Trump Organization to pay Cohen, and the checks signed by Trump and the representatives of his trust. Prosecutors allege that the business records were falsified to disguise the reimbursement for Cohen’s payment to Daniels, further hiding the existence of the hush money payment from the public.

The defense’s case

Defense lawyers have sought to distance Trump from the allegedly falsified documents and limit the suggestion that the former president acted with fraudulent intent — beginning with discrediting the prosecution’s star witness, Michael Cohen.

“He has a goal, an obsession with getting Trump, and you’re going to hear that,” defense lawyer Todd Blanche said during his opening statement. “I submit to you that he cannot be trusted.”

Across three days of cross-examination, defense lawyers painted Cohen as a spiteful employee intent on revenge by highlighting his criminal history, past lies under oath, and animosity toward Trump.

Cohen also admitted to stealing $30,000 from the Trump Organization by overcharging the company for an IT expense, and defense lawyers say he lied on the witness stand about an October 2016 phone call that he said he made to confirm with Trump the plan to pay Daniels $130,000.

Defense lawyers also attempted to distance Trump from the creation of the allegedly falsified documents, arguing that the payments were orchestrated by accountants within the Trump Organization after receiving invoices from Cohen.

For the nine checks that bear Trump’s signature, defense lawyers elicited testimony from Westerhout saying that Trump, at times, signed checks without examining them.

Another former White House aide, communications director Hope Hicks, offered testimony to support the defense’s argument that the nondisclosure agreement with Daniels was prompted by Trump’s desire to protect his family — and not done to influence the election.

“I don’t think he wanted anyone in his family to be hurt or embarrassed by anything that was happening on the campaign,” Hicks said. “He wanted them to be proud of him.”

Copyright © 2024, ABC Audio. All rights reserved.

As Trump hush money trial draws to a close, jury instructions to play key role

As Trump hush money trial draws to a close, jury instructions to play key role
As Trump hush money trial draws to a close, jury instructions to play key role
Mint Images/Getty Images

(NEW YORK) — The criminal hush money trial against former President Donald Trump is drawing to a close, with deliberations expected to begin as early as Wednesday.

But before that can happen, a fundamental step must take place: the charging of the jury.

The charging — or as it’s also known, instructing — of the jury is a standard procedural step in any jury trial, during which the judge advises jurors on how they should go about reaching their verdict. The judge will lay out the particulars of the law in question, often defining esoteric legal terminology, in order to guide the jury into an understanding of what would constitute a violation of said law.

Jurors are instructed on how to apply these guidelines to the evidence presented during trial — which in this case, includes the testimony of 20 witnesses and over 250 exhibits — to determine whether the prosecution has proven their case against the defendant.

How Judge Juan Merchan instructs the jury — and how the jury understands those instructions — will be critical to how this historic case is decided, experts told ABC News.

“I can’t overemphasize the importance of the judge’s instructions — jurors cling very tightly to the roadmap the judge provides,” Cheryl Bader, a professor at Fordham Law, told ABC News. “The verdict is not just a determination of what facts the jury believes, it is the intersection of facts and law together.”

In a pre-charge conference Tuesday, during which the prosecution and defense sparred over what should be included in jury instructions, Merchan said he would ensure the instructions were clear and comprehensible. 

“We want to make it as easy as possible for the jury,” he said.

Merchan will instruct jurors that they must find Trump guilty “beyond a reasonable doubt” in order to convict. As with any criminal case, the burden of proof lies with the prosecution — meaning prosecutors must prove Trump is guilty, and the defense does not have to prove Trump’s innocence.

Merchan is also likely to inform jurors that they must only consider evidence presented during the trial, and not allow bias or sympathy to sway their decision. They will also be instructed they cannot hold Trump’s decision not to testify against him.

Trump is charged with 34 felony counts of falsifying business records — a crime that can be tried as a misdemeanor, but may be elevated to a felony when the act was done in an effort to cover up an underlying crime. Prosecutors have suggested Trump violated election laws by concealing a hush money payment to adult film actress Stormy Daniels in order to protect damaging information about himself from coming out ahead of the 2016 presidential race. Trump has pleaded not guilty and denied any wrongdoing.

The crime-within-a-crime nature of the felony charge means instructing the jury may be a complicated task. In a motion earlier in the case, Merchan ruled against requiring prosecutors to specifically identify the underlying crime they believe Trump committed — but jurors will need to have a solid grasp on what that alleged underlying crime is in order to decide whether Trump is guilty of the felony charges.

The prosecution and the defense have disagreed over what exactly the jury must find proven in order to convict. Defense attorney Emil Bove has argued they must find Trump acted willfully in order to be found guilty, saying “there must be a criminal object” of the alleged conspiracy to hide damaging information from voters ahead of the 2016 election.

Prosecutors argued the jury should be told that Trump could be convicted because he caused false entries into the Trump Organization’s general ledger through controller Jeff McConney and his deputy Deb Tarasoff, both of whom testified at trial. The defense suggested in opening statements that Trump could be acquitted since he himself did not enter accounting records but left it to others.

“Explaining the law around the specific charges here will likely be more challenging and contentious than in a typical assault or robbery case because of the way this case is charged,” Bader said. “It will be interesting to see what federal or state election law is explained to the jurors in the judge’s charge.”

Much of the case will hinge on whose story jurors believe — do they trust Trump, whose attorneys say he paid the hush money not to influence the election, but to protect his family and reputation? Or do they believe former Trump fixer Michael Cohen and the other witnesses who support his claims? The defense has painted the prosecution’s star witness as a serial liar with a vendetta against the former president.

But how the jury approaches the issue of credibility is inherently subjective and impossible to predict.

“They can choose to accept all, part or none of the testimony of any witness — as they are the sole arbiters of credibility,” Bader said.

If Trump is found guilty, the defense can be expected to appeal the conviction, in which case jury instructions can play a pivotal role.

“Because a judge’s charging decisions rest on determinations of law, they are fertile ground for appeal,” Bader said.

Copyright © 2024, ABC Audio. All rights reserved.

Father and teenage son drown as dad tries to rescue him from lake

Father and teenage son drown as dad tries to rescue him from lake
Father and teenage son drown as dad tries to rescue him from lake
Oliver Helbig/Getty Images

(NEW YORK) — A father and his teenage son have drowned at a lake in Virginia after the child’s father tried to rescue him, according to authorities.

The incident occurred at approximately 1:10 p.m. on Saturday afternoon when authorities from the Louisa County Sheriff’s Office responded to a call regarding a drowning child in the area of Carrs Bridge Road in Lake Anna, Virginia — some 60 miles northwest of Richmond, according to a statement from the Louisa County Sheriff’s Office released on Sunday.

“While en route deputies were advised that the father of the child had attempted to locate/rescue his son,” according to police. “It was reported that witnesses observed the father struggling, just before losing sight of him as well. Several people went into the water in an attempt to locate them but were unsuccessful.”

Louisa County Sheriff’s Office Marine Units, Mineral Volunteer Fire, Lake Anna Volunteer Rescue, the Department of Wildlife Resources, and Spotsylvania County Fire & EMS Dive Team divers helped with locating and recovering the bodies of the 42-year-old father and his 14-year-old son, who were pronounced dead on the scene.

Both of the victims were subsequently transported to the Office of the Medical Examiner in Richmond for examination.

Authorities have not yet identified the victims but did confirm that neither of them were from the area and that their names were being withheld pending notification of next of kin. The Louisa County Sheriff’s Office does not suspect any type of foul play.

Police say that this is currently an active investigation and anyone who has information about this incident is asked to call the Louisa County Sheriff’s Office CID Unit at (540) 967-1234 or anonymously at Louisa Crime Solvers at (800) 346-1466. All calls to LOUISA CRIME-SOLVERS are confidential and callers can remain anonymous and be eligible for a reward.

Copyright © 2024, ABC Audio. All rights reserved.

Two inmates on the run after escaping Louisiana jail, police say

Two inmates on the run after escaping Louisiana jail, police say
Two inmates on the run after escaping Louisiana jail, police say
Omarion Hookfin, Jamarcus Cyprian, Travon Johnson and Avery Guidry in photos released by police. (Tangipahoa Parish Sheriff’s Office)

(NEW YORK) — Police in Louisiana said Monday they caught two of the four inmates who escaped from jail over the weekend, unbeknownst to the guards who were supposed to be watching them.

Omarion Hookfin, 19; Avery Guidry, 19; Jamarcus Cyprian, 20, and Travon Johnson, 21, who were all incarcerated at the Tangipahoa Parish Jail, escaped through a weak portion of the jail’s chain-linked fence on Saturday and Sunday, Chief Jimmy Travis of the Tangipahoa Parish Sheriff’s Office told reporters during a news conference Monday.

The jail’s officials did not know about the breakouts until they received a phone call Sunday afternoon from a family member of one of the escapees, Travis said. The relative alerted them that two inmates escaped Saturday and came to a relative’s house in the middle of the night looking for a place to stay, Travis said.

By the time jail staff acted, two other inmates had already escaped, according to the chief.

“It’s very concerning. If the proper head counts had been conducted, we would [have] known about it immediately,” Travis said.

The chief, however, said it wasn’t long before investigators found Johnson and Guidry, according to police, after receiving a call from someone who said they saw them.

The pair, who were arrested in connection with a 2022 homicide in Hammond, Louisiana, were hiding in a dumpster behind a Dollar General store roughly 22 miles from the jail, according to police.

Hookfin, who was also arrested in connection with the same 2022 homicide, and Cyprian, who was serving time for armed robbery and weapon charges, according to police records, are still on the loose and likely outside of Tangipahoa Parish, Travis said.

Travis said the investigation into the breakout is still ongoing as investigators are reviewing all evidence and clues, but he said it appeared the suspects allegedly broke through a corroded piece of the fence during recreation time.

“Apparently they made their way, they hid and after dark, they went under a wall and they were able to scale two fences and get away,” Travis said about the Saturday escape.

Travis could not immediately reveal which detainee escaped when, only that two fled on Saturday and two fled on Sunday.

The chief acknowledged that the jail was short-staffed and some staffers were inexperienced, but he said that was no excuse for what happened.

“We had a failure within that we have to correct and move forward,” Travis said.

Anyone with information on the suspects can call Crime Stoppers of Tangipahoa’s anonymous tip line at 800-554-5245 or visit www.tangicrimestoppers.com.

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