(NEW YORK) – As millions of passengers prepare to travel during the upcoming holiday travel season, tensions are rising over whether it is okay to recline seats on airplanes.
In one video that went viral on social media, a male passenger is seen repeatedly hitting the back of a woman’s reclined seat with his fist during a flight.
In another viral video, TikTok user Jasmin Shim asked her followers, “Can anyone who actually reclines their seat on an airplane – walk me through your thought process? No shade I’m generally just curious… why?”
Meanwhile, another TikTok user, Jenn LaMonaca, assured in her video that “It’s totally okay to recline your seat.”
“I hate the reclining debate thing… I’ve flown my whole life and reclined my seat every single time I’ve been on a plane,” LaMonaca captioned her video, which received hundreds of likes. “It’s allowed and it only reclines like 1 inch. You’re fine.”
Another frequent flyer, Eric Kirchinger, told “Good Morning America” that he prioritizes his own comfort when it comes to airplane travel.
“I don’t believe I should not be comfortable in the seat that I paid for because it might infringe on your knee space,” he said. “You certainly have the right to recline yourself, if you’re worried about leg space on a plane, you can book yourself an exit row.”
Another flyer “GMA” spoke with, Raleigh Mayer, disagrees, saying that people should think of their fellow passengers on the flight.
“It isn’t courteous,” Mayer said of choosing to recline on a flight. “It really impedes on the person’s comfort behind you, and it’s a self-centered thing to do. It makes it all about you and less about anyone else on the plane.”
The period quickly approaching between Thanksgiving and New Year’s Day is predicted to be the busiest holiday travel rush ever, with the U.S. Transportation and Security Administration anticipating screening nearly three million passengers per day, a 10% increase from last year.
As planes continue to get more and more crowded, the debate around whether or not it is okay to recline airplane seats does not seem to be going away anytime soon.
Sara Nelson, a flight attendant and international president of the Association of Flight Attendants-CWA, told “GMA” that she personally does not recline her seat when flying.
Nelson said if a passenger is inclined to recline their seat, based on her experience, she recommends they at least check on the situation of the person sitting in the row directly behind them.
“If you really want to do it, at least check behind you. Make sure you’re not going to be spilling somebody’s coffee on them or running their computer into their knees,” she said. “This is something that flight attendants have to deal with all the time.”
(LOS ANGELES) — A California man has been arrested in connection with the death of Paul Kessler at a rally in Thousand Oaks on Nov. 5, according to law enforcement.
Loay Alnaji, 50, will be booked on a charge of involuntary manslaughter with a bail set at $1 million, according to the Ventura County Sheriff’s Office.
Kessler, a 69-year-old Jewish man, died from blunt-force head trauma following a confrontation with a counterprotester, amid simultaneous pro-Israel and pro-Palestinian demonstrations, the Ventura County Sheriff’s Office said.
The Ventura County Medical Examiner’s Office said Kessler suffered from skull fractures and swelling and bruising of the brain and determined his death to be a homicide.
In the days following the incident, the Ventura County Sheriff’s Office said they did not have enough evidence to make an arrest in his death.
“Though an arrest has been made, we continue to encourage community members who may have information about this criminal investigation and have yet to come forward to please contact Detective Stump at (805) 384-4745,” the sheriff’s office said in a statement Thursday.
The sheriff’s office asked that anyone who drove a vehicle with video recording equipment through the area of Westlake Boulevard and Thousand Oaks Boulevard between 3 and 4 p.m. local time on Nov. 5 to submit any footage they have.
Multiple people called the Ventura County Sheriff’s Communication Center to report an incident of battery at that corner, where pro-Israel and pro-Palestinian demonstrations were taking place. About 75 to 100 people total were present, according to Ventura County Sheriff Jim Fryhoff.
Among those to call 911 was the suspect in the incident, who was attending the pro-Palestinian demonstration, according to Fryhoff.
Authorities arriving on the scene located Kessler and noted he was bleeding from the head and mouth, the sheriff said.
He was transported to a local hospital for what authorities said was “advanced medical treatment,” but he died from his injuries early on Nov. 6, officials said.
Fryhoff said the suspect remained at the scene and was interviewed.
“The suspect was cooperative and indicated he was involved in an altercation with Mr. Kessler,” Fryhoff told reporters last week.
(NEW YORK) — Former President Donald Trump is on trial in New York in a $250 million civil lawsuit that could alter the personal fortune and real estate empire that helped propel Trump to the White House.
Trump, his sons Eric Trump and and Donald Trump Jr., and other top Trump Organization executives are accused by New York Attorney General Letitia James of engaging in a decade-long scheme in which they used “numerous acts of fraud and misrepresentation” to inflate Trump’s net worth in order get more favorable loan terms. The trial comes after the judge in the case ruled in a partial summary judgment that Trump had submitted “fraudulent valuations” for his assets, leaving the trial to determine additional actions and what penalty, if any, the defendants should receive.
The former president has denied all wrongdoing and his attorneys have argued that Trump’s alleged inflated valuations were a product of his business skill.
Here’s how the news is developing. All times Eastern:
Nov 16, 9:25 AM EST
NY AG requests Dec. 8 deadline to respond to mistrial motion
New York Attorney General Letitia James has requested a Dec. 8 deadline to respond to what she called the “spurious allegations” in Donald Trump’s motion for a mistrial, a day after Trump sought a mistrial claiming bias on the part of Judge Arthur Engoron and his clerk.
If granted, the request would delay any decision on the mistrial motion until later in the trial and likely push any potential appeal until after the trial has concluded.
State attorney Kevin Wallace cited the “considerable daily attention” of the trial and the impending Thanksgiving holiday as reasons for the extended deadline.
“The Office of the Attorney General’s position is that — putting aside the total lack of merit to Defendants’ application for a mistrial — it is preferable to have the Court hear and decide the application on full briefing,” Wallace wrote.
Nov 15, 5:52 PM EST
Expert acknowledges he didn’t review each of Trump’s statements
State attorney Kevin Wallace, cross-examining defense expert Jason Flemmons, attempted to challenge Flemmons’ testimony by pressing the accountant on his experience with personal financial statements and his work reviewing Trump’s statements.
Flemmons testified that he himself had compiled fewer than five statements of financial condition, none of which were done after 2000. He also acknowledged that he did not review each of Trump’s financial statements between 2011 and 2021, which are the subject of the New York attorney general’s complaint.
Flemmons generally underplayed the importance of the financial statements by suggesting that most issues Wallace raised were “easily curable with a phone call.”
Asked if he could provide a specific example where he was involved in such a follow-up inquiry, Flemmons failed to offer an example and instead generally referred to his time working for the Securities and Exchange Commission.
Court was subsequently adjourned for the day, with Wallace scheduled to continue his testimony tomorrow morning.
Nov 15, 3:27 PM EST
Trump adequately disclosed accounting methods, expert says
The defense’s accounting expert could not identify any departures from generally accepted accounting principles — known as GAAP — in Donald Trump’s statements of financial condition that were not disclosed, according to his testimony.
“I don’t believe I have identified any additional discrepancies with GAAP that were not covered by those disclosures,” Jason Flemmons testified toward the end of his direct examination.
Flemmons also testified that the statements appropriately cited their use of appraisals, challenging the state’s assertion that Trump ignored vital appraisal information.
“Was the use of appraisals accurately described in the statements?” defense attorney Jesus Suarez asked.
“I believe so. I don’t believe there was anything that contradicted the use of appraisals but also other bases for evaluating the properties,” Flemmons responded.
Suarez concluded his lengthy direct examination, setting up state attorney Kevin Wallace’s cross-examination of Flemmons.
Nov 15, 2:06 PM EST
Accounting expert says he’s attesting to methodology, not results
After Jason Flemmons, the defense’s expert accounting witness, had testified at length about how Donald Trump’s financial statements included adequate disclaimers to explain his departure from normal accounting standards, Judge Engoron interjected to push back on the testimony.
That prompted Flemmons to confirm he is attesting largely to the general accounting methods used by the Trump Organization — not the specific numbers they provided for each of their assets.
As Flemmons gets further into his second day on the stand, Judge Engoron’s initial enthusiasm regarding his testimony appears to be on the wane, with the judge sustaining more of the state’s objections and asking increasingly skeptical questions.
Nov 15, 12:44 PM EST
Trump warned lenders statements may be unreliable, expert says
Donald Trump disclosed that 95% of the assets listed in his 2014 statement of financial condition departed from generally accepted accounting principles — known in the industry as GAAP — according to the defense’s expert witness Jason Flemmons.
The testimony from the defense’s accounting expert bolsters Trump’s argument that the departures from GAAP in his statements were adequately disclosed to lenders, making the lenders themselves responsible for drawing their own conclusions about the valuations listed in the documents.
It also supports the defense’s position that Trump’s statements fell within the regulations on personal financial statements, thus shielding him from allegations of fraud.
Nov 15, 12:03 PM EST
Judge delays ruling on mistrial after Trump claims bias
Judge Arthur Engoron did not issue a ruling on the defense’s motion for a mistrial in court, opting to give the New York attorney general time to determine if the state wants to respond to the request.
“I would ask if we could have until tomorrow to determine if we want to put in anything,” state attorney Kevin Wallace said after Engoron’s asked if the state plans to file a response.
The testimony of expert witness Jason Flemmons is now resuming.
Nov 15, 11:49 AM EST
Motion accuses judge of ‘predetermining’ trial’s outcome
In their motion for a mistrial, lawyers for Donald Trump and his adult sons argue that Judge Engoron has “predetermined the outcome of this proceeding and is merely going through the motions before it ultimately doles out punishment.”
Writing that the actions of both Engoron and his clerk create an appearance of impropriety that has resulted in “biased rulings,” Trump’s lawyers warn of wide-reaching implications.
“Left unchecked, the introduction of such demonstrable pro-Attorney General and anti-Trump/big real estate bias into a case of worldwide interest involving the front-runner for the Presidency of the United States impugns the integrity of the entire system,” they write.
Their three-pronged motion argues that the extrajudicial conduct of Engoron, the political activity of his clerk, and their rulings — including their gag order and fines — are each irreparable harms that can only be remedied by scrapping the entire trial.
“Only the grant of a mistrial can salvage what is left of the rule of law,” they write.
Nov 15, 10:50 AM EST
Trump is ‘trying to dismiss the truth,’ NY AG spokesperson says
A spokesperson for New York Attorney General Letitia James described Donald Trump’s motion for a mistrial as an effort “to dismiss the truth and the facts.”
“Donald Trump is now being held accountable for the years of fraud he committed,” the spokesperson said. “He can keep trying to distract from his fraud, but the truth always comes out.”
Trump’s motion for a mistrial takes aim at Judge Engoron as well as his law clerk, who frequently collaborates with the judge before he rules on objections, the admissibility of evidence, and other legal matters.
The judge imposed a limited gag order prohibiting statements about his staff after Trump posted about the clerk on social media.
Nov 15, 10:31 AM EST
Trump moves for mistrial, claiming bias on part of judge, clerk
Donald Trump and his co-defendants have filed a motion seeking a mistrial on the grounds that the trial has been “tainted” by the appearance of bias on the part of Judge Arthur Engoron and his law.
“This appearance of bias threatens both Defendants’ rights and the integrity of the judiciary as an institution,” Trump’s attorneys say in the filing. “As developed herein, in this case the evidence of apparent and actual bias is tangible and overwhelming.”
“Specifically, the Court’s own conduct, coupled with the Principal Law Clerk, Allison Greenfield’s unprecedented role in the trial and extensive, public partisan activities, would cause even a casual observer to question the Court’s partiality,” they write.
“Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted,” the filing says.
Nov 15, 9:23 AM EST
Expert witness to resume testimony for defense
Donald Trump’s lawyers are scheduled to resume their direct examination of expert witness Jason Flemmons this morning, continuing a line of questioning yesterday that largely placed responsibility for Trump’s financial statements on Trump’s external accountants.
Flemmons, who was qualified as an expert on accounting, explicitly criticized the testimony of Donald Bender, Trump’s accountant at Mazars USA who was the New York attorney general’s first witness, disputing Bender’s claim that he would have wanted to see any appraisals that the Trump Organization conducted.
Flemmons also testified that Trump’s financial statements should have sent a “buyer beware” signal to lenders due to the “highly cautionary language” in their disclaimer, which allowed Trump to make claims that significantly departed from generally accepted accounting principles.
To the extent that the statements and the Trump Organization’s representations about the statements were inaccurate, Flemmons placed responsibility on Bender and his colleagues at Mazars, rather than the Trump Organization.
Nov 14, 5:56 PM EST
Expert calls Trump CPA’s testimony ‘not professionally plausible’
Expert witness Jason Flemmons cast doubt on the testimony of the Trump Organization’s former external accountant Donald Bender, who said he would have wanted to review any appraisals that the Trump Organization conducted.
“That’s not something that is required by professional standards,” said Flemmons, testifying for the defense. “His testimony was not professionally plausible.”
That prompted a strong objection from state attorney Kevin Wallace.
“Is he trying to say the witness is lying?” Wallace said.
“Not to put too fine a point on it,” Judge Engoron quipped.
Asked to confirm what he meant by “professional plausible,” Flemmons said it would be “highly unusual” for Bender to request appraisals outside what was mentioned in the statement of financial condition.
“Accountants in the industry do not go seeking records for things that are not in the four corners of the statement of financial condition,” Flemmons said.
Court was subsequently adjourned for the day, with Flemmons scheduled to continue his testimony tomorrow.
Nov 14, 4:07 PM EST
Trump’s disclaimer told bankers to ‘beware,’ expert says
Defense expert Jason Flemmons described the disclaimer included in Donald Trump’s financial statement as the “highest level disclaimer” that could have been provided to bankers reviewing the document.
Flemmons said that the disclaimer, which he said includes “highly cautionary language,” would allow a user to make claims that significantly departed from generally accepted accounting principles, known in the industry as GAAP.
“Was that language present in a substantially similar form in the compilation statements issued by Mazars for Donald Trump?” defense attorney Jesus Suarez asked.
“Yes,” Flemmons said, adding that the disclaimer was “effectively saying ‘user beware.'”
During his testimony and in statements to the media, Trump has claimed that the disclaimer shields him from liability in the case.
Suarez also used Flemmons’ testimony to suggest that Trump’s external accountants were responsible for understanding the methods used in the financial statement and determining their appropriateness.
That appeared to conflict with testimony of former Trump accountant Donald Bender of Mazars USA, who described his role as akin to plugging numbers provided by the Trump Organization into a template.
Nov 14, 2:49 PM EST
Expert says property valuations can be ‘wildly different’
Taking the witness stand as an expert witness for the defense, accountant Jason Flemmons offered testimony in support of Donald Trump’s approach to valuing his Mar-a-Lago property, which has been the subject of debate throughout the seven weeks of the trial.
In his summary judgment decision, Judge Engoron found that Trump overvalued the estate by at least 2,300% because the Palm Beach County Assessor appraised the property’s market value between $18 and $27.6 million after Trump signed a deed that restricted its use to a social club, potentially limiting its resale value as a residence but ensuring a tax cut. Trump, in contrast, listed its value in his financial statement between $426 million and $612 million, and during his appearances in court and online he has repeatedly attacked Engoron’s finding.
Flemmons argued that Trump’s approach to valuing his assets gave him latitude to consider his property’s future revenue streams. That approach, according to Flemmons, could result in “wildly different values” between the numbers listed on a personal financial statement and a tax assessed value.
“Tax assessed values are typically on the lower end of the spectrum,” Flemmons said, while Engoron looked on attentively.
While he never mentioned Mar-a-Lago by name, Flemmons was asked by defense attorney Jesus Suarez about a hypothetical property assessed at $18 million but valued closer to $500 million using a comparable sales approach — the same approach used to value Mar-a-Lago.
“It would not be unusual to have a value in the hundreds of million using projected cash receipts,” Flemmons said.
Engoron then turned his chair toward Flemmons and began asking his own questions.
“I am trying to get to the order of magnitude we are talking about here,” Engoron said. “What is the highest value you have ever seen legitimately placed on such a property?”
Flemmons could not provide a specific example to answer Engoron’s question but reiterated that a massive discrepancy could be appropriate.
Nov 14, 2:04 PM EST
House Republicans call for probe of Cohen after his testimony
House Intelligence Committee Chair Rep. Michael Turner and House GOP Conference Chair Rep. Elise Stefanik have requested that the Department of Justice investigate Michael Cohen for perjury following his testimony in the trial last month.
During his trial testimony, Cohen said that he lied to the House Permanent Select Committee on Intelligence in 2019 when he said that Donald Trump and Allen Weisselberg did not ask him to inflate Trump’s personal statement.
“So, you lied under oath in February of 2019? Is that your testimony?” defense attorney Alina Habba asked in court.
“Yes,” Cohen responded.
Shown his 2019 testimony in court, Cohen subsequently reversed himself and said that his 2019 testimony was truthful, explaining the contradiction by clarifying that Trump speaks like a “mob boss” and that he indirectly asked for his statement to be inflated.
In a letter to Attorney General Merrick Garland sent today, Stefanik and Turner requested that the Department of Justice open an investigation into Cohen potentially committing perjury.
“That Mr. Cohen was willing to openly and brazenly state at trial that he lied to Congress on this specific issue is startling,” they wrote. “His willingness to make such a statement alone should necessitate an investigation.”
Last week, Stefanik sent a separate judicial complaint to the New York State Commission on Judicial Conduct related to the conduct of the judge overseeing Trump’s trial. In a statement to ABC News, a court representative said in response that the judge’s actions “speak for themselves.”
Nov 14, 1:18 PM EST
Judge stops expert’s testimony following state’s objection
Donald Trump’s lawyers abruptly stopped the testimony of their first expert witness — who was expected to testify for a full day or two — after Judge Engoron limited the topic areas of his testimony.
Steven Witkoff, a real estate investor and longtime friend of Trump’s, was brought into court by the defense team to testify that Trump’s Doral golf club was undervalued in Trump’s financial statements.
But Judge Engoron sustained an objection from the state barring any testimony about the valuation of Doral, significantly limiting Witkoff’s testimony and appearing to hamper the defense strategy proposed by Trump’s attorney Chris Kise.
Kise argued that the inaccuracies in Trump’s statement of financial condition can cut both ways: Even if some properties were overvalued, other properties like Doral were significantly undervalued and balanced out the statement, according to Kise.
“It is highly, extraordinarily relevant if there are assets that are undervalued substantially on those same statements,” Kise said. “They can’t look at this one-sided.”
State attorney Andrew Amer fiercely rebutted that argument, telling Engoron he should not take the defense’s position that the inconsistencies “come out in the wash.”
That argument appeared to convince Engoron, who said that overvaluations would not “insulate” a false valuation. He promised to sustain any objection that related to the value of Doral — an approach Kise described as “lunacy.”
“The reader of the financial statement has the right to know whether each particular number was accurate,” Engoron said. “They are looking for accuracy.”
Nov 14, 10:26 AM EST
Judge doesn’t address post Trump shared calling for his arrest
As court got underway this morning, Judge Engoron — who has said he has received harassing messages regarding his role in the trial — did not address Trump’s sharing of a post on his Truth Social platform calling for his arrest.
The former president yesterday shared a user’s post calling for the “citizens arrest” of Engoron and Attorney General Letitia James “for blatant election interference and harassment.”
When he expanded the case’s limited gag order earlier this month, Engoron said that his chambers had received hundreds of “harassing and threatening phone calls, voicemails, emails, letters, and packages” since the start of the trial.
The gag order does not prohibit attacks against Engoron himself or the New York attorney general.
Nov 14, 9:40 AM EST
Defense to call first expert witness
Donald Trump’s defense team plans to call their first of several expert witnesses to the stand today.
Steven Witkoff, a New York-based real estate investor and developer, is set to testify about his expert opinion that the Trump National Doral golf course in Miami was undervalued in Trump’s financial statement, despite the attorney general’s claim to the contrary.
The expert report Witkoff prepared for the case also criticized the finding from the state’s expert regarding the value of Trump’s 40 Wall Street property.
During a 2018 roundtable on tax reform, Trump called Witkoff a “pal” who he inspired to enter the real estate industry.
“You know, people don’t realize Steve started out as a lawyer — a very good lawyer, a top lawyer in New York. And then he said, ‘I’m going to go into the real estate business because I can do this, too,” Trump said. “He saw me do it, and he said, ‘If Trump can do it, I guess I can do it, right?'”
Nov 14, 9:02 AM EST
James, Trump respond as defense begins its case
In a video statement posted to social media, New York Attorney General Letitia James said that the testimony of Donald Trump Jr. yesterday failed to refute any of her case against Donald Trump and his adult sons.
“After spending a full day walking through a marketing presentation to sell us all on the greatness of the Trump Organization, the defendants did not make a single point to refute the case we brought against them,” James said of Trump Jr., who led off the defense’s case.
Trump’s eldest son, an executive VP with the family firm, functionally served as a summary witness to explain the history and notable assets of the Trump Organization, repeatedly using words like “spectacular” and “incredible” to spell out the details of Trump’s properties.
James, meanwhile, drew the ire of Donald Trump for appearing to smile in court.
“A.G. Letitia James is smirking all day long from her seat in Court, as New York continues to set records in murder and other violent crimes, and businesses flee to other States,” Trump wrote on Truth Social this morning, despite murders in New York City being down nearly 10% this year, according to the NYPD.
Nov 13, 5:55 PM EST
Court adjourns for day after tax lawyer’s testimony
The defense wrapped up the first day of its case with testimony from Donald Trump’s former external tax lawyer, Sheri Dillon, who returned to the witness stand to clarify her actions related to conservation easements at Trump’s properties.
Dillon previously testified during a lengthy and combative portion of the state’s case.
“Welcome back. I feel like I am at a reunion — Trump trial reunion,” Judge Engoron joked when Dillon returned to the courtroom.
Dillon, explaining a potential gap in email communications about specific deals, testified that she often communicated with Eric Trump over the phone.
“If I picked up the phone and talked to him, I would know he knew what he needed to know,” Dillon testified.
She also said she advised Trump’s appraiser, David McArdle, that the company could add 40 additional residential units at Trump National Golf Club in New York’s Westchester County by filing a new offering plan, according to an email shown in court. The clarification challenges the New York attorney general’s allegation that a $101 million increase in the value of undeveloped land was based on an unfounded plan by Eric Trump to add units to the property.
During a short cross-examination, state attorney Louis Solomon attempted to challenge Dillon’s authority to provide such legal information to McArdle.
“Do you know if a sponsor has a right to have an offering plan accepted for filing merely because the development meets the requirements for zoning?” Solomon asked.
“No, I do not,” she responded.
Dillon concluded her testimony, and court then adjourned for the day.
Nov 13, 5:41 PM EST
Trump Jr. acknowledges positive rapport with judge
Speaking outside the courthouse following his testimony for the defense, Donald Trump Jr. told ABC News that he seems to have a positive relationship with Judge Engoron.
“Perhaps there’s a New York personality there, but no I think he understood,” Trump Jr. said when ABC News suggested he and the judge appeared to get along. “I can’t help myself even in this very serious situation. If you take yourself too seriously the world sort of sucks. You got to have a little bit of fun with it, so I did.”
His relationship with the judge appears to stand in contrast to that of his father, who has accused Engoron of bias and insulted him from the witness stand.
“We had some quips in the courtroom the first time I was here,” Trump Jr. said of Engoron. “Sort of gave me a fist bump on the way out. I guess I had a rather snappy response to something that was — I can’t even remember what it was right now. He said, ‘That was really funny.'”
Asked by ABC News whether Trump Jr. shared his father’s views about the judge being biased, the son demurred.
“Listen, I don’t even know how far the gag order applies, so I don’t need to do that and put myself — I’m in enough crosshairs, guys,” he said.
Nov 13, 4:56 PM EST
Trump Jr. says aunt’s death made for a ‘rough day’
Following the completion of his testimony, Donald Trump Jr. made the first family comments acknowledging the death of his aunt, Maryanne Trump Barry, calling it “a rough day.”
“Obviously, a little bit of a rough day, but I’ve still got to deal with this stuff. We’ve got to keep doing it. That’s the nature of all of this. But no, it’s a rough day for myself and my family,” Trump Jr. said of the news that former President Trump’s sister had passed away at 86.
Trump Jr. also slammed New York Attorney General Letitia James for bringing the civil fraud case despite what Trump Jr. said was “no actual person complaining other than the attorney general herself.”
“Hopefully, one day the people of this great city will realize what’s going on. They’ll realize the destructive practices here. They’ll realize just how insane that is. And they’ll be begging for guys like Donald Trump to come back to New York City to reshape the skyline as he’s done for decades,” Trump Jr. said.
He said he does not plan to return to court for the continuation of the defense’s case tomorrow.
Nov 13, 3:43 PM EST
Donald Trump Jr. concludes testimony
Donald Trump Jr. stepped off the witness stand after roughly three hours of testimony.
His own attorney, Clifford Robert, concluded his direct examination by asking Trump Jr. about the fate of the Trump Organization.
“I guess a lot of that depends on what happens next November,” Trump Jr said, speculating that the company might be “sued into oblivion.”
Assistant New York Attorney General Colleen Faherty cross-examined Trump Jr. for less than ten minutes about the deterioration of Trump’s assets, including financial problems at 40 Wall Street and Trump’s licensed hotel in Hawaii. Trump Jr. appeared unfamiliar with the 40 Wall Street issues and said he was happy with the Hilton’s deal to buy out the Trump Organization’s Hawaii hotel licensing deal.
Nov 13, 2:54 PM EST
Trump Jr. says golf course site was ‘old-school New York mob job’
Donald Trump Jr., in testimony for the defense, touted the work of the Trump Organization to convert a landfill in the Bronx, New York, into a “absolutely incredible” golf course.
“It was raw dirt. It had been that way for a long time,” Trump Jr. said of the original site of Trump Links Ferry Point near the Whitestone Bridge.
“People were supposedly trying to build a golf course for years,” Trump Jr. said about previous efforts to build the facility, describing it as an “old-school New York mob job” where people got paid to move dirt around but not build anything.
Trump Jr. said that once his father got involved in the project, the site was successfully transformed in a matter of months.
Nov 13, 1:42 PM EST
Trump Jr. to get new and improved sketch
When he was last in court, Donald Trump Jr. took a particular interest in his courtroom sketch.
“He said, ‘Make me look sexy,'” the sketch artist Jane Rosenberg told ABC News. By some accounts, the result was underwhelming.
Rosenberg has another opportunity to draw Trump Jr. with his return to court, and she thinks the new iteration is coming along well.
“I think they get better every time,” she told ABC News.
Earlier in his testimony, Trump Jr. joked about a photo of his brother Eric Trump.
When the slideshow Trump Jr. was narrating displayed a professional headshot of his brother, Trump Jr. took a job at his younger sibling.
“A lot of Photoshop,” Trump Jr. joked.
Nov 13, 1:12 PM EST
Trump Jr. assails judge’s finding on Mar-a-Lago
In presenting a slideshow chronicling the Trump Organization’s properties, Donald Trump Jr. highlighted many of their luxury features and iconic views — implicitly suggesting their value.
That’s particularly true of Trump’s Mar-a-Lago Club, which Judge Engoron in a pretrial ruling determined was worth only a fraction of the amount claimed by Donald Trump, because Trump signed a deed that restricted its use to a social club, thereby limiting its resale value.
Describing how he took “umbrage” to the judge’s determination that Mar-a-Lago was worth between $18 and $28 million, Trump Jr. highlighted specific features to challenge that finding. Showing an aerial photo of the property, Trump Jr. said that a nearby home whose size was dwarfed by the social club has been on sale for $50 million.
“You couldn’t build that atrium for $18 million today,” Trump Jr. said while presenting a photo of the building’s historic atrium.
Nov 13, 12:53 PM EST
With glossy slides, Trump Jr. recounts firm’s story
Donald Trump’s testimony in the defense’s case has so far centered around a slide show being presented by the defense, entitled “The Trump Story,” that paints a timeline of Donald Trump’s real estate acquisitions. When state attorneys objected to the glossy presentation — which Trump Jr. acknowledged was created by his marketing team — the judge allowed the slides, and thus permitted Trump Jr. to testify unrestrained about the company’s properties.
“He’s an artist with real estate. He sees the things other people don’t,” Trump Jr. said at one point when describing his father.
As he narrates the slide show, Trump Jr.’s testimony resembles a lecture on real estate, sprinkled with details about his family’s properties — such as the individual stones used to construct the Seven Springs estate or the bank safes at 40 Wall Street, which he said once stored gold from the Federal Reserve.
“They’re actually spectacular … it’s truly a mechanical work of art,” Trump Jr. said of the safes.
Referencing broken down historic properties that the company has transformed back to their former glory, Trump Jr. called such properties the “canvas” for his his “father’s art.”
“He understands and has an incredible vision that other people don’t,” Trump Jr. said.
After a particular lengthy response, Trump Jr. referenced his father’s own tendency to speak in prolonged monologues, joking, “I got half the genes.”
Nov 13, 11:06 AM EST
Trump Jr. details history of Trump Organization
Testifying for the defense, former President Trump’s eldest son described his father as a real estate “visionary” who “sees the sexiness in a real estate project,” creating value for the family business that cannot be captured on paper.
Donald Trump Jr. began his testimony with a quip after Judge Engoron welcomed him back to the stand following his testimony earlier in the month.
“I’d say it’s good to be here, but the attorney general would probably sue me for perjury,” Trump Jr. joked.
In his testimony, Trump Jr. described the Trump Organization as “a large family business,” with Trump and his eldest children at the top and other executives handling many of the details.
“If there were numbers and things, I would rely on them to give me that,” Trump Jr. said.
He recounted the history of the Trump Organization, beginning with his great-grandfather who he said built hotels in the Yukon Territories of Canada. His grandfather, Fred Trump, “started working on job sites around Queens, learned the trades” and eventually “created an incredible portfolio, by the time of his passing, of rental apartments in Brooklyn and Queens.”
A state attorney jokingly objected that references to the 1800s were outside the statute of limitations — then more seriously objected to the history lesson’s relevance.
“I think it is relevant to get the historical perspective — I find it interesting,” Judge Engoron said in overruling the objection. “Let him go ahead and say how great the Trump Organization is.”
Trump Jr. obliged.
“My father learned a lot of the business from him, but had some flair and saw New York City and Manhattan as the ultimate frontier,” he said. Speaking of Trump Tower, he said, “I think it would have been one of the first, I think great, ultra-luxury real estate emerging in Manhattan.”
Nov 13, 10:20 AM EST
Donald Trump Jr. takes the stand for the defense
“Would you like to call your first witness, defense?” Judge Arthur Engoron asked to begin court this morning.
“The defense calls Donald Trump Jr. to the stand,” defense attorney Clifford Robert responded.
Like his last time on the witness stand when he was called by state attorneys, Trump Jr. appears comfortable on the stand, punctuating his testimony with lighthearted remarks.
Robert began his direct examination with some questions about Trump Jr. ‘s biography, starting with his graduation from the University of Pennsylvania.
“Was a bartender for about 18 months,” Trump Jr. said about his first job out of college.
“Did you enjoy that?” Robert asked.
“I did,” said Trump Jr., joking that he had a challenging conversation with his father when he began that job.
Nov 13, 9:45 AM EST
Trump Jr., arriving in court, met with chants of ‘crime family’
Donald Trump Jr. and his defense lawyers arrived at the New York State Supreme Courthouse this morning to be met with a small crowd of protestors chanting “crime family.”
Trump Jr. did not make a statement before entering the courthouse, but offered a brief response to a question about his expected testimony.
Asked what he plans on saying today on the stand, he replied, “We’ll see what I’m asked.”
New York Attorney General Letitia James arrived at court shortly after Trump Jr. and took a seat in the courtroom with her staff.
Nov 13, 9:06 AM EST
Donald Trump Jr. attends UFC event ahead of testimony
Donald Trump Jr. took in some ultimate fighting ahead of his scheduled return to the witness stand this morning.
Trump Jr. attended a UFC doubleheader at Madison Square Garden on Saturday night with his father, in addition to Tucker Carlson, Kid Rock, and UFC president Dana White.
“I legitimately can’t think of a better squad to roll with,” Trump Jr. posted on social media.
Earlier that day while speaking at a campaign rally in New Hampshire, Donald Trump appeared to joke about appointing White to a position in a potential future administration.
“He’s a guy I’d like to make my Defense Chief. I wouldn’t call him my defense chief. I’d call him my ‘Offense Chief.’ He’d be my Offense Chief,” Trump said.
Nov 13, 8:32 AM EST
Defense to begin presenting its case
As Trump’s legal team prepares to begin presenting its case this morning, defense attorney Alina Habba says responsibility for the financial statements that the New York attorney general says are fraudulent lies with Trump’s external accounting firm.
Previewing the defense’s case during an appearance on Fox’s Sunday Morning Futures with Maria Bartiromo, Habba also said the banks that loaned money to the Trump Organization were responsible for conducting their own due diligence regarding Trump’s financial statements.
The state rested its case last week in the sixth week of the trial. The defense has said they expect their case to wrap up by Dec. 15.
Habba also suggested that Donald Trump plans to file a motion seeking a mistrial.
While Habba declined to comment on alleged misconduct by Judge Arthur Engoron’s clerk — which she is prohibited from doing due to the limited gag order handed down by the judge — she said the issue would be addressed in their mistrial motion “very soon.”
“I actually can’t tell you why, because I am gagged. I can tell you that we will be filing papers to address all of those issues,” Habba said.
However, Habba downplayed the chance the motion would be favorably decided Engoron.
“The problem we have is the judge is the one who is going to make those decisions, and he has proven himself to be quite motivated by the other side,” Habba said.
Nov 11, 1:51 PM EST
Court administrator responds to Stefanik’s complaint
In response to Rep. Elise Stefanik’s letter of complaint against Judge Engoron that she filed Friday with the New York State Commission on Judicial Conduct, a spokesperson for New York State Office of Court Administration has issued a statement.
“Judge Engoron’s actions and rulings in this matter are all part of the public record and speak for themselves,” said Office of Court Administration communications director Al Baker. “It is inappropriate to comment further.”
Nov 10, 8:17 PM EST
Rep. Stefanik files complaint against Judge Engoron
Rep. Elise Stefanik of New York has filed a judicial complaint against Judge Arthur Engoron.
The letter, addressed to the New York State Commission on Judicial Conduct, largely concerns the judge’s rulings in the case and his public statements, and is unlikely to impact the proceedings of the trial.
“Judge Engoron’s bizarre and biased behavior is making New York’s judicial system a laughingstock,” Stefanik, a staunch Trump supporter, wrote.
The lengthy letter echoes some of Trump’s attacks on the trial, criticizing Engoron’s limited gag order in the case, the actions of his legal clerk, his summary judgment ruling, and his comments during Trump’s testimony this week.
“Simply put, Judge Engoron has displayed a clear judicial bias against the defendant throughout the case, breaking several rules in the New York Code of Judicial Conduct,” Stefanik wrote.
Photography by Keith Getter (all rights reserved)/Getty Images
(NEW YORK) — More than 100,000 customers are without power in Florida Thursday morning after torrential rain and winds topping 65 mph slammed the state.
Parts of South Florida, near Key Largo, recorded more than 1 foot of rain in the past 24 hours.
Miami saw a whopping 7.53 inches of rain on Wednesday, setting a new daily record.
Public schools in Florida’s Broward County — the sixth-largest district in the nation — are closed Thursday due to the extreme weather.
On Thursday morning, flood watches and high wind warnings are ongoing for Florida’s east coast.
The state could see a few more inches of rain as well as 45 mph winds before conditions start to improve Thursday afternoon.
(NEW YORK) — Bettersten Wade Robinson searched for her son, Dexter Wade, for more than five months before she learned that he was killed on March 5 and buried in a potter’s field after he was struck by an off-duty Jackson, Mississippi police officer in a police cruiser.
Wade Robinson, who is accusing the county and police of an alleged “cover-up,” spoke with ABC News Live’s Linsey Davis in an interview that aired on Prime Wednesday night and demanded “accountability.”
“Right now I’m hoping I can get to some kind of answer as to why it happened and what was the reason that it happened. But right now I’m still not satisfied,” she said.
“It’s a steady cover-up,” she added.
After finding out from police that her son was buried in a potter’s field, Wade Robinson sought to recover his body and give him a proper burial. But when she arrived for her son’s exhumation on Monday morning, she soon learned that his body had been exhumed hours earlier without her presence and for the grieving mother, this added insult to injury.
“They put him in the ground without my permission. They dug him up without my permission,” an outraged Wade Robinson said as she stood near the empty gravesite outside the Raymond Detention Center on Monday morning.
“Now I asked, can I exhume my child and try to get some peace … now y’all take that from me,” a tearful Wade Robinson said. “I couldn’t even see him come out the ground. Yall didn’t give me the time to see him before he took his last breath. I didn’t get to see him come from the ground. Cover up!”
Family attorney Ben Crump told reporters on Monday that the family had reached an arrangement with the Hinds County Board of Supervisors that the exhumation would take place at 11:30 local time that day, but when they arrived they learned that Wade’s body had been exhumed at 8:00 a.m. without his family’s presence.
“Nobody got permission from the family to take Dexter out the ground in the early morning hours. It was an agreed upon position with the county that Ms. Bettersten Wade will be here at 11:30 to commence the exhumation of her son and they disrespected her,” Crump said. “And like a thief in the night, they went and pulled the body out the ground.”
Crump shared a letter with ABC News that the family received from the Hinds County Board of Supervisors indicating that the exhumation would take place at 11:30 a.m.
ABC News reached out to all five members of the Hinds County Board of Supervisors to inquire about the letter and the timing of the exhumation but requests for comments were not returned.
County Administrator Kenny Wayne Jones told ABC News affiliate in Jackson, WAPT-TV, that the incident was “very unfortunate,” but said there was “no cover-up or anything like that. Just miscommunication.”
ABC News reached out to Jones for further comment.
Wade Robinson told Davis she is “disappointed” that no one is “willing to take responsibility” for burying her son and then exhuming him — both without the family’s knowledge or permission.
“How many mistakes you can have before you take responsibility,” she said.
“Nobody has came to me and said that they are sorry,” she added.
Wade Robinson said that she reported her son missing on March 14, nine days after she had last heard from him on March 5. She didn’t learn until Aug. 24 — more than five months after his death — that her son had been struck and killed by an off-duty Jackson police officer the night of March 5, when he was walking across a local highway.
Jackson Mayor Chokwe Antar Lumumba previously acknowledged during his State of the City address on Oct. 26 that there was a “lack of communication” that led to the months-long delay in letting Wade’s family know what had happened to him.
According to Lumumba, Wade had no ID on his person when he was killed but he did have a prescription drug bottle that eventually allowed the medical examiner’s office to identify him.
“The failure was that ultimately, there was a lack of communication with the missing person’s division, the coroner’s office and accident investigation,” Lumumba said.
Lumumba said that “at no point have we identified, nor did any investigation reveal that there was any police misconduct in this process.”
“The accident was investigated and it was determined that it was, in fact, an accident and that there was no malicious intent,” he added.
ABC News reached out to the Jackson Police Department but a spokesperson declined to comment.
Crump told Davis in an interview that aired on Wednesday it is “unbelievable” that it took police more than five months to inform his family of his death, especially when “they know who Ms. Bettersten was” because she filed a missing person report with the Jackson Police Department and provided her name and address to police.
“They knew where he lived because he had medication in his pocket that had his doctor and the doctor told them that Ms. Bettersten was his next of kin,” Crump said.
Following the exhumation, the Jackson Police Chief deferred ABC News’ questions regarding allegations of a “cover-up” to the city of Jackson.
Melissa Payne, a spokeswoman for the city of Jackson, told ABC News that it would be “inappropriate” for the city to comment because “the City had no part in either his burial or exhumation. That was entirely with the county.”
Crump, along with family attorney Dennis Sweet, are now calling on the U.S. Department of Justice to investigate the circumstances surrounding Wade’s death, burial and exhumation.
“Attorney Sweet and I will absolutely make the case for transparency that continues to be denied to Ms. Bettersten. Just a low down dirty shame what happened here today – lowdown dirty shame,” Crump said on Monday. “And as Ms. Bettersten said when she first called us … it was a cover.”
ABC News has reached out to the Department of Justice for comment.
The office of Hinds County District Attorney Jody Owens said in a statement on Oct. 27 that his office working with the Jackson Police Department, Hinds County Coroner’s Office, and other relevant agencies to investigate Wade’s death, the failure to notify his next of kin in a timely manner and the “irregularities surrounding the disposition of Mr. Wade’s body.”
“We ask for the public’s patience as this important work is undertaken,” Owens added.
(WASHINGTON) — Capitol Police said they are working to “keep back” 150 people who are “illegally and violently” protesting outside of the Democratic National Committee in Washington, D.C.
They said they were making arrests but didn’t say how many. It appears, based on social media postings, that protesters are calling for a cease-fire in the Middle East.
“Right now our officers are working to keep back approximately 150 people who are illegally and violently protesting in the area of Canal Street and Ivy Street, SE. Officers are making arrests. All Members have been evacuated from the area. Please stay away from the area,” Capitol Police said in a statement.
Congressman Brad Sherman, D-Cailf., posted on X, formerly Twitter, that he was inside the DNC when he had to be evacuated.
Members of Congress were hearing from prospective candidates inside of the DNC when Capitol Police evacuated them from the building, Rep. Sherman told ABC News in a phone interview.
In total, about seven members of Congress were inside when they were evacuated from the building by “heavily armed and serious” U.S. Capitol Police officers, Sherman said.
The forum was attended by Democratic leadership, including minority leader Hakeem Jeffries, Whip Katherine Clark and Pete Aguilar, but Sherman said Jefferies and Clark had left by the time protests started breaking out.
Rep. Sherman said members inside the room heard chants of “cease-fire now,” and they thought it was going to be 10 or 15 minutes and then the protesters were going to leave.
“Then the Capitol Police came in big time and said, ‘We’re getting you out of here,'” he told ABC News.
Congressman Sean Casten, D-Ill., posted on X he was evacuated from the Democratic Congressional Campaign Committee office after the building was surrounded by protesters.
“I was just evacuated from the @dccc office after the building was surrounded by protestors who had blocked all modes of ingress and egress. Grateful to Capitol Police for getting all members and staff out safely. To the protestors: PLEASE don’t do something irresponsible,” said Rep. Casten.
(NEW YORK) — A man who allegedly had a fake FBI badge and a BB gun has been arrested after a road rage incident involving shots being fired at a passing vehicle, police said.
On Wednesday at approximately 10:20 a.m., officers in Michigan were dispatched to a report of possible shots being fired during a road rage incident, according to a statement from the Warren Police Department.
“Dispatch received a call from a motorist who claimed that a male occupant of a white Toyota SUV shot at his vehicle on Mound Rd. as the victim was attempting to pass the suspect,” police said. “The victim also reported that the male suspect also displayed a gold law-enforcement-type badge to him during this incident.”
The alleged victim provided police with a description of the suspect and his vehicle and authorities in the area were able to make contact with the motorist as he was traveling southbound on Mound Road just north of Thirteen Mile Road, police said.
“Officers affected a traffic stop on the Toyota and made contact with the lone male occupant driver,” said the Warren Police Department. “Officers located a BB/pellet pistol inside the suspect’s vehicle along with a facsimile FBI badge and credentials. During the arrest process, the suspect made admissions to being involved in a road rage incident.”
Police confirmed that they arrested a 55-year-old man from Southfield, Michigan, but have not yet disclosed his identity to the public.
The Warren Police Department also said that nobody was injured during the road rage incident and that the firearm used in the altercation was a BB/pellet gun only.
“The facsimile badge was confirmed to be non-official law enforcement issued,” authorities continued.
Following the incident, Commissioner William Dwyer stated that “we are very fortunate that nobody was injured during this senseless incident. Too often we see minor traffic issues turn into incidents were guns are produced and people are seriously injured or killed. If you feel you are encountering a hostile driver, the best thing to do is pull over and call 911. Taking matters into your own hands and road raging with other motorists is never a good outcome.”
Detectives are planning on presenting their facts to the Macomb County Prosecutor’s Office for formal charges on Thursday, with a potential charge including assault with a dangerous weapon, amongst other possible charges.
The investigation is now “active and ongoing,” according to police.
(NEW YORK) — Lawyers for the off-duty pilot facing attempted murder charges after allegedly trying to shut off an airplane’s engines while on a flight last month have spoken out about the incident, saying their client, Joseph Emerson, “suffered a panic attack” while on the flight.
In a lengthy statement, Levi Merrithew Horst PC, the firm that represents Emerson, said the plane incident occurred as the pilot was traveling from Washington, where he had just gathered with friends to remember “his best friend, a former Alaska Airlines pilot who died suddenly and unexpectedly several years ago.”
Emerson, who was charged late last month with 83 counts of attempted murder after he allegedly tried to shut off the engines by pulling the fire extinguisher handles, was in a dream-like state during the incident, his attorneys said.
“While on this flight, Captain Emerson suffered a panic attack and the illusion of being in a dream. His actions during that flight were a well-meaning attempt simply to wake himself up from the dream. No harm to anyone was contemplated or intended,” the firm’s statement read.
According to his attorneys, two days before the Alaska Airlines flight, the pilot had taken “a small amount of psilocybin,” which is found in mushrooms, as Emerson was paying tribute to his late friend. The off-duty pilot “had never taken mushrooms” prior to the incident, his lawyers said, adding, “[o]ther than this incident, Captain Emerson does not use drugs.”
Emerson was also “suffering from a combination of stress, fatigue, and dehydration, as well as untreated anxiety and depression,” the lawyers said in the statement. He had been trying to manage his “mental health with meditation and exercise,” the lawyers said, because he believed he “would be grounded and could lose his medical clearance and his job if he sought traditional mental health treatment.”
His legal team said the pilot of 20 years is sorry for what happened.
“Captain Emerson apologizes for his actions. He also thanks the flight crew for their response and for showing him kindness and grace during his mental breakdown,” the statement read.
The plane Emerson was on was scheduled to fly from Everett, Washington, to San Francisco before it diverted to Portland, Oregon after a “credible security threat related to an authorized occupant in the flight deck jump seat,” the airline previously confirmed to ABC News.
The suspect allegedly tried to pull the fire extinguisher handles on the engines, preliminary information obtained by investigators indicated, according to a federal official briefed on the probe. The suspect was overwhelmed by the flight crew and subdued, and then handcuffed to a seat, the federal official told ABC News last month.
Emerson was taken into custody, the Port of Portland previously confirmed. In addition to the attempted murder charges, Emerson is also facing 83 counts of reckless endangerment, a misdemeanor, and one felony count of endangering an aircraft.
Emerson appeared in court last month wearing a blue jail uniform but did not address the judge. His attorney, Noah Horst, entered a plea of not guilty.
The suspect was en route to San Francisco, where he was scheduled to be on a flight crew of a 737, the federal official said.
Alaska Airlines said the off-duty pilot was sitting in the flight deck jump seat — which is in the cockpit — and “unsuccessfully attempted to disrupt the operation of the engines.”
He was heard in the moments prior saying something similar to, “I’m not right,” a federal official told ABC News following the incident.
The captain and first officer “quickly responded,” Alaska said at the time, adding engine power was not lost, and the crew secured the aircraft without incident.
(NEWPORT NEWS, Va.) — The mother of the 6-year-old boy accused of shooting his first grade teacher during class in Newport News, Virginia, in January was sentenced on Wednesday to 21 months in prison on federal charges.
Deja Taylor was charged with using marijuana while in possession of a firearm and making a false statement about her drug use during the purchase of the firearm, both felonies, in the wake of the January shooting at Richneck Elementary School.
She pleaded guilty to the charges in June.
Federal prosecutors had asked for a 21-month sentence. She faced a maximum penalty of 25 years in prison.
Police say the 6-year-old student brought a gun into his classroom and intentionally shot and wounded his teacher, Abby Zwerner, on Jan. 6. Zwerner sustained a gunshot wound through her hand and into her chest.
Federal prosecutors said the firearm used in the shooting was purchased by Taylor in July 2022. ATF agents never found a lockbox, a trigger lock, or a key for the gun, prosecutors said.
Zwerner testified during the sentencing hearing on the last impact of the shooting.
“Not only do I bear physical scars from the shooting that will remain with me forever, I contend daily with deep, psychological scars that plague me during most waking moments and invade my dreams,” she said.
She said she has undergone five surgeries and regular intensive physical therapy to restore motion in her hand.
“This permanent damage should never have been allowed to happen to me and would not have happened if not for the defendant’s actions or lack thereof,” she said.
In the weeks before the classroom shooting, Taylor’s firearm was also involved in a separate shooting, prosecutors said. An unreturned U-Haul truck rented by Taylor was found with the passenger rear window broken, and text messages between Taylor and her son’s father revealed she shot at her son’s father after seeing his girlfriend, prosecutors said. No one was injured and police were not called, prosecutors said.
“Not once, but twice someone nearly lost their lives because of Taylor’s offenses of conviction,” prosecutors said in court filings.
Prosecutors also said in the filings that Taylor was a “marijuana abuser, whose chronic, persistent and, indeed, life-affecting abuse extends this case far beyond any occasional and/or recreational use.”
It is not legal to possess marijuana while possessing a gun, according to federal laws.
Taylor’s attorney said in a statement to ABC News that the defendant is “extremely remorseful and contrite and takes full responsibility for her actions.”
“At no time did she intend for any of these consequences to occur, especially the tragic shooting of the wonderful teacher at the elementary school,” the attorney, Gene Rossi, said. “We are hopeful that when she serves her sentence, and when she gets out, she gets the absolutely needed treatment for her addiction, her disease and the challenges she has in her life. I am confident that she is going to have a wonderful rebound in the near future.”
Taylor was also indicted on state charges in connection with the shooting. She pleaded guilty to child neglect in August and has yet to be sentenced. A misdemeanor charge of endangering a child by reckless storage of a firearm was dropped.
Zwerner filed a $40 million lawsuit against her school district, accusing them of negligence. The school board’s lawyers sought to dismiss her claim, arguing her injuries are covered under the state’s worker’s compensation law. Earlier this month, a judge ruled the lawsuit can proceed.
(NEW YORK) — Daniel Penny put Jordan Neely in a six-minute fatal chokehold on a New York City subway train that “continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors said Wednesday in a new court filing that opposed the defense’s motion to dismiss the case.
The former U.S. Marine is charged with second-degree manslaughter and criminally negligent homicide in connection with the death of Neely, who was homeless at the time, on the F train on May 1.
Penny has pleaded not guilty to the charges and his attorneys asked the judge to dismiss the case because they allege Neely was “insanely threatening” aboard the train.
Prosecutors said eyewitness accounts “differed sharply” in their assessments of the threat posed by Neely when Penny acted.
“It is certainly true that several of the passengers testified that they were fearful,” assistant district attorney Joshua Steinglass wrote in the filing. “Omitted from the defense submission, however, are the accounts that undermine the notion of rampant and universal panic.”
Steinglass added, “As one witness put it, ‘for me, it was like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.'”
Less than 30 seconds after the chokehold started, the train arrived at the Broadway-Lafayette Station, prosecutors said.
“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train,” Steinglass said. “The defendant continued holding Mr. Neely around the neck.”
Video of the deadly interaction began nearly two minutes later. The full-length video is 4 minutes and 57 seconds long.
“The video begins with the defendant holding Mr. Neely in a chokehold on a relatively empty train while two other male passengers stand close by. Within seconds, one of those passengers grabbed and held Mr. Neely’s right arm, further immobilizing him,” Steinglass said.
Three minutes and ten seconds into the video, Neely ceases all purposeful movement, prosecutors said.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” the prosecutor said.
Penny’s chokehold lasted an additional 51 seconds, according to the video.
The defense argued Penny had no intent to kill, but Steinglass said second degree manslaughter only requires prosecutors to prove Penny acted recklessly, not intentionally.
“The defendant held Jordan Neely on the ground with his arm wrapped around Mr. Neely’s neck. He did so with enough force and for a long enough period to kill Jordan Neely,” Steinglass said.
“Not only did the chokehold last some six minutes, but it continued for nearly a minute past the point where Mr. Neely ceased all purposeful movement,” the prosecution’s filing said. “The hold seemed so unnecessary at that point that an eyewitness can be heard on video urging the defendant to let go of Mr. Neely and warning the defendant that ‘if you don’t let him go now, you’re going to kill him.'”
