(NEW YORK) — Lawyers for the drug kingpin known as El Chapo argued Monday for a new trial, insisting “breathtaking jury misconduct” and an “unparalleled set of stifling defense restrictions” marred his conviction.
Joaquin Guzman, 64, was sentenced to life in prison after he was found guilty in February 2019 of running an industrial-sized drug trafficking operation, the Sinaloa cartel, one of the world’s largest, most profitable and most ruthless drug smuggling organizations.
Guzman’s attorney, Marc Fernich, argued El Chapo did not get a fair trial because his solitary confinement in what the lawyer called a “modern dungeon” impaired his “cognitive, emotional and mental” faculties.
“The combination of unprecedented restrictions made it impossible to meaningfully prepare a defense,” Fernich said in court Monday.
Under questioning from a three-judge panel of the 2nd US Circuit Court of Appeals, Fernich conceded the defense made no specific objections during trial. Prosecutors said the strict conditions of El Chapo’s confinement were deemed necessary.
“This judge was presented with a defendant who had already escaped from prison twice in Mexico in dramatic fashion, who had a history of intimidating and killing perceived rivals and who had previously run his criminal enterprise while incarcerated,” the Justice Department’s Brett Reynolds said in court Monday.
Guzman’s appeal also argued the trial judge should have more forcefully questioned whether jurors disobeyed repeated instructions to avoid information about the case that was not included as evidence.
An anonymous juror told Vice News that five jurors consumed news coverage or followed the trial on social media. Fernich called them “5 jurors who don’t know the meaning of an oath” and urged the appellate court to pursue an inquiry.
“It’s very disquieting in a case like this to do an end-around and let it go,” Fernich said. “This guy is going to be in a box for the rest of his natural life. I’m not asking you to play violins for him and I’m not playing any violins for him either. This is very, very serious business for everybody concerned.”
Prosecutors argued the Vice article was insufficient to merit an inquiry.
“The evidence here is not competent. It’s just not. It’s anonymously sourced. It’s non-corroborated. It is hearsay and double hearsay,” the Justice Department’s Hiral Mehta said in court Monday.
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 4.9 million people have died from the disease worldwide, including over 735,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
Just 67% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the U.S. Centers for Disease Control and Prevention.
Here’s how the news is developing. All times Eastern:
Oct 25, 10:23 am
Cases dropping across US but rising in some Midwest, Northeast states
In the last month, the daily case average in the U.S. has dropped by nearly 43% thanks to falling metrics in states like Florida, Mississippi and Louisiana, which have all seen their case averages drop by nearly 90% or more since August, according to federal data.
But in recent weeks, cases have been creeping up in several states in the Northeast and the upper Midwest, including Minnesota and Michigan.
Alaska currently has the country’s highest infection rate, followed by Montana, Wyoming, Idaho and North Dakota, according to federal data.
About 52,000 COVID-19 patients are currently hospitalized across the U.S., a major drop from the 104,000 hospitalized patients in late August.
But the U.S. death toll remains persistently high, with nearly 1,300 new deaths being reported each day, according to federal data.
Oct 25, 9:36 am
Moderna says its pediatric vaccine produces strong immune response in kids 6 to 11
Moderna has announced that its vaccine produces a strong immune response for children 6 to 11 and appears safe.
The study, which included 4,753 kids, found that side effects were generally consistent with those seen in adolescents and adults, such as fatigue, headache, fever and sore arm.
Moderna said it plans to submit this data to the FDA soon.
Meanwhile, FDA advisors are planning to meet this week to discuss Pfizer’s vaccine for children ages 5 to 11. Full authorization is possible by early November.
Oct 25, 8:12 am
Former CDC head ‘very encouraged’ by US data
Dr. Richard Besser, former acting director of the U.S. Centers for Disease Control and Prevention, said Monday that he’s “very encouraged” by the country’s current COVID-19 metrics.
Speaking to ABC News’ George Stephanopoulos during an interview on Good Morning America, Besser said the United States is “definitely” moving in the right direction with COVID-19 cases, hospitalizations and deaths on the decline in “a lot of communities” and vaccinations on the rise.
As the Halloween holiday draws near, Besser advised families living in areas where COVID-19 numbers are going down to remain vigilant by wearing protective face masks and using hand sanitizer when trick-or-treating this year. Otherwise, he encouraged them to “enjoy the holiday.”
“These kinds of things are very good for emotional health and you can do them safely,” explained Besser, who is now the president and CEO of the Robert Wood Johnson Foundation.
When asked whether he thinks the situation will improve to a point where children won’t need to wear masks in school, Besser said it will come down to what’s happening at the community level.
“I think if we’re in a situation where vaccines are available and the rate of disease in the community is very low, we’ll get to a point where we won’t need masks anymore,” he said. “There will be a day where kids can go to school without masks and just be kids.”
(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 4.9 million people have died from the disease worldwide, including over 735,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.
Just 67.2% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the U.S. Centers for Disease Control and Prevention.
Here’s how the news is developing. All times Eastern:
Oct 25, 10:23 am
Cases dropping across US but rising in some Midwest, Northeast states
In the last month, the daily case average in the U.S. has dropped by nearly 43% thanks to falling metrics in states like Florida, Mississippi and Louisiana, which have all seen their case averages drop by nearly 90% or more since August, according to federal data.
But in recent weeks, cases have been creeping up in several states in the Northeast and the upper Midwest, including Minnesota and Michigan.
Alaska currently has the country’s highest infection rate, followed by Montana, Wyoming, Idaho and North Dakota, according to federal data.
About 52,000 COVID-19 patients are currently hospitalized across the U.S., a major drop from the 104,000 hospitalized patients in late August.
But the U.S. death toll remains persistently high, with nearly 1,300 new deaths being reported each day, according to federal data.
Oct 25, 9:36 am
Moderna says its pediatric vaccine produces strong immune response in kids 6 to 11
Moderna has announced that its vaccine produces a strong immune response for children 6 to 11 and appears safe.
The study, which included 4,753 kids, found that side effects were generally consistent with those seen in adolescents and adults, such as fatigue, headache, fever and sore arm.
Moderna said it plans to submit this data to the FDA soon.
Meanwhile, FDA advisors are planning to meet this week to discuss Pfizer’s vaccine for children ages 5 to 11. Full authorization is possible by early November.
Oct 25, 8:12 am
Former CDC head ‘very encouraged’ by US data
Dr. Richard Besser, former acting director of the U.S. Centers for Disease Control and Prevention, said Monday that he’s “very encouraged” by the country’s current COVID-19 metrics.
Speaking to ABC News’ George Stephanopoulos during an interview on Good Morning America, Besser said the United States is “definitely” moving in the right direction with COVID-19 cases, hospitalizations and deaths on the decline in “a lot of communities” and vaccinations on the rise.
As the Halloween holiday draws near, Besser advised families living in areas where COVID-19 numbers are going down to remain vigilant by wearing protective face masks and using hand sanitizer when trick-or-treating this year. Otherwise, he encouraged them to “enjoy the holiday.”
“These kinds of things are very good for emotional health and you can do them safely,” explained Besser, who is now the president and CEO of the Robert Wood Johnson Foundation.
When asked whether he thinks the situation will improve to a point where children won’t need to wear masks in school, Besser said it will come down to what’s happening at the community level.
“I think if we’re in a situation where vaccines are available and the rate of disease in the community is very low, we’ll get to a point where we won’t need masks anymore,” he said. “There will be a day where kids can go to school without masks and just be kids.”
(HOUSTON) — The remains of a 9-year-old boy have been discovered in a Houston home along with three abandoned children, authorities said.
One of the children, a 15-year-old, said his 9-year-old brother had been dead for one year and his body was in the room next to his, Harris County Sheriff Ed Gonzalez said Monday.
The 15-year-old and the other two children — boys under the age of 10 — were found home alone on Sunday, the sheriff said.
Both younger kids “appeared malnourished and showed signs of physical injury,” he tweeted.
Deputies also “found skeletal remains of a small child,” the sheriff said.
All three children were taken to the hospital, he said. Their conditions were not released.
Authorities believe the parents hadn’t lived in the home for several months, Gonzalez said.
The children’s mother and her boyfriend were found late Sunday night, he said.
At a news conference Sunday Gonzalez called it a “horrific situation.”
“I have been in this business for a long time and I had never heard of a scenario like this,” he said.
(CHARLOTTESVILLE, Va.) — A dark moment in U.S. history is set to be revisited when a federal civil trial begins in Charlottesville, Virginia, over a violent 2017 white nationalist rally that ended with an alleged neo-Nazi ramming his car into counterprotesters, killing one and injuring more than 30.
Jury selection is scheduled to get underway on Monday in the high-profile civil case in the U.S. district court in Charlottesville against organizers and certain participants of the “Unite the Right” rally. Nine people injured over the two-day event are accusing promoters of exhorting followers to “defend the South and Western civilization” from non-white people and their allies, according to the lawsuit.
“There is one thing about this case that should be made crystal-clear at the outset — the violence in Charlottesville was no accident,” contends the suit that is seeking unspecified damages from 24 defendants, including James Alex Fields Jr., the Ohio man who plowed his Dodge Challenger into a group of counterprotesters, killing 32-year-old Heather Heyer.
Fields, now 24, was convicted in 2018 of murder and multiple counts of aggravated malicious wounding, malicious wounding and hit and run. He was later sentenced to life in prison.
Fields also pleaded guilty to 29 federal hate crimes in a deal his attorneys worked out with prosecutors to spare him the death penalty.
Among the other defendants named in the civil suit are the alleged key organizers of the 2017 rally; Jason Kessler — who took out the permit for the rally — and Richard Spencer, president of the National Policy Institute, which the plaintiffs have described in court documents as a white nationalist think tank.
Also named as defendants in the suit are the Loyal White Knights of the Ku Klux Klan in North Carolina, the East Coast Knights of the Ku Klux Klan, and Andrew Anglin of Ohio, founder of the far-right website the Daily Stormer.
The trial will mark the first major civil suit to be tried under the Enforcement Act of 1871, which is also known as the Ku Klux Klan Act and passed by Congress in response to a wave of terrorist violence against African Americans in the South.
“These defendants planned violence on social media and on other communication forums and even in-person conversations. They went to Charlottesville, committed that violence and then celebrated that violence,” Amy Spitalnick, executive director of Integrity First for America, a nonprofit supporting the plaintiffs, told ABC affiliate WRIC in Richmond, Virginia.
The defense
The defendants claim they were exercising their First Amendment right to free speech and their right to self-defense, claiming counterprotesters initially turned violent.
“Plaintiffs complaint is long on coarse internet language regarding non-whites and short on allegations of racial violence perpetrated by any moving defendant,” defense attorneys argued in a motion to dismiss the case that was denied.
The defendants also said the lawsuit fails to demonstrate that they conspired to incite violence.
“Plaintiffs have failed to make any credible allegation that any moving defendant came to any agreement with anybody, to do anything, other than march and chant in Charlottesville,” defense attorneys said in a filing.
Kessler and Spencer both denied the allegations that they helped instigate the violence in their responses to the lawsuit.
Immediately after the Charlottesville rally ended in the deadly hit and run, Kessler released a statement blaming local police for the mayhem.
“The blame for today’s violence is primarily the result of the Charlottesville government officials and the law enforcement officers which failed to maintain law and order by protecting the First Amendment rights of the participants of the ‘Unite the Right’ rally,” Kessler said in a statement to WVIR-TV, the NBC affiliate station in Charlottesville.
The “Unite the Right” rally was organized in response to a February 2017 decision by the Charlottesville City Council to consider a petition to remove a statue honoring Civil War Confederate General Robert E. Lee from a city park.
Far-right demonstrators from across the country descended on the University of Virginia campus in Charlottesville on Aug. 11, 2017, where many were seen marching with tiki torches, giving Nazi salutes, and chanting “white lives matter” and “you will not replace us.”
Broken legs and emotional distress
Several of the plaintiffs were marching on Aug. 12, 2017, with a group of counterprotesters on Fourth Street in downtown Charlottesville when Fields’ was recorded driving his car into the protesters at high speed.
Marcus Martin, one of the plaintiffs, was peacefully protesting when he saw Fields’ car bearing down on him and pushed his fiancee out of the way right before he was struck by the vehicle, suffering a broken leg and ankle, according to the lawsuit.
Martin’s now-wife, Marissa Blair, who is also a plaintiff, was a co-worker and friend of Heyer, the woman killed in the incident. Both Martin and Blair suffered not only physical injuries but also emotional distress from the incident, according to the lawsuit.
Another plaintiff, referred to in court papers as Jane Doe 1, said she was marching with her mother and sister when Field’s car plowed into her, breaking both her legs and a knee.
‘Very fine people on both sides’
In the aftermath of the violence, then-President Donald Trump came under fire from Democrats — and many Republicans — for failing to strongly condemn the white supremacists and said during a news conference that there were “very fine people on both sides.”
President Joe Biden has said the turmoil in Charlottesville is the reason he ran for president.
“In that moment, I knew that the threat to this nation was unlike any I had ever seen in my lifetime. I wrote at the time that we’re in a battle for the soul of this nation,” Biden said in his 2019 campaign launch video.
The civil trial is expected to last at least four weeks, and the aim of the litigation, according to the lawsuit, is to get justice for the plaintiffs and “to ensure that nothing like this will happen again at the hands of (the) Defendants, not on the streets of Charlottesville, Virginia, and not anywhere else in the United States of America.”
(WASHINGTON) — Hate crimes against people of Asian descent rose by 76% in 2020, according to newly republished data by the FBI.
The FBI previously issued hate crime data in August, but due to an error in reporting Ohio’s statistics, the data was incomplete. The FBI has now corrected the technical problem in Ohio’s reporting system.
In 2020, 279 hate crime incidents against individuals of Asian descent were reported, compared to 158 incidents reported in 2019.
More than 60% of hate crimes in the United States were carried out on the basis of an individual’s race, according to FBI data released Monday.
“Every hate crime is an attack on the community,” Jay Greenberg, deputy assistant director of the FBI’s criminal division, told ABC News’ Chief Justice Correspondent Pierre Thomas.
Greenberg said most hate crimes are directed at African Americans, but acknowledged there was an uptick in anti-Asian hate crimes due to COVID-19.
In total, there were 8,052 single-bias incidents — crimes motivated by one type of bias — involving 11,126 victims. Comparatively, there were 7,103 single-bias incidents involving 8,552 victims in 2019.
The FBI said 20% of the hate crimes targeted a person’s sexual orientation and 13% of the hate crimes that occurred in 2020 were due to religious bias.
More than half of the offenders were white, and 21% of the offenders were African American.
Greenberg said they are working to make sure there is trust not only in the FBI, but in local communities as well.
“Because a hate crime is defined as a violent or property crime with a bias motivation, that crime could be categorized a number of different ways,” he explained. “We would like the public to reach out to us if they believe that they are a victim of a hate crime. It’s not for the public to make that determination; we will work with our state and local partners and help determine how best to investigate that.”
When someone is a victim of a hate crime, people have different reactions, according to Regina Thompson, the head of the FBI’s victim services unit.
“Everybody has their own way of reacting and on their own timeline, so sometimes people will react immediately in the aftermath of a crime,” said Thompson, who was named head of the unit last year. “Sometimes they’ll go immediately into crisis and crisis intervention will be needed. Sometimes the full impact isn’t felt for hours, days, weeks, sometimes even months after the criminal event and the way that they react, there’s absolutely no normal.”
Greenberg said that while they don’t discuss the number of cases they are currently investigating, leaders at the FBI “have brought a renewed focus to enforcing the civil rights program consistently across all our offices, and we have seen the number of cases rise in the last year.”
The bureau takes a victim-centered approach to hate crimes, the two senior FBI officials explained.
“The FBI does have a victim services division that is focused on assisting and supporting the victims of federal crime and that when they are a victim of a federal crime, we are there to assist them and they can expect us to do that with understanding, dignity, fairness and respect,” Thompson said.
Thompson said that hate crimes are especially unique because it is a direct assault on someone’s identity and individuality.
“It really strikes at the fundamental core of who the person is, which makes it very different from some of the other violent crimes,” she explained. “It is an attack on something that is within the person’s identity, something that’s very immutable about them and often something that they can’t even change. So that has a very deep psychological effect.”
(GEORGIA) — One person is dead and seven others injured after a shooting at an off-campus party near a Georgia university.
The incident occurred early Saturday morning in Fort Valley, near Fort Valley State University, authorities said.
Several students suffered non-life-threatening injuries, the university said.
Georgia Bureau of Investigation, which is investigating the shooting, shared a photo from the “active scene” on Twitter Saturday morning, showing a house located several blocks from the campus.
GBI also confirmed the deceased was not a Fort Valley State University student, though did not share further details.
The university’s campus was temporarily placed on lockdown “until campus police determined there was no threat to the campus community,” school officials said.
The lockdown has since been lifted.
The shooting occurred during the state university’s homecoming weekend.
School officials announced that its Saturday morning alumni breakfast and homecoming parade had been canceled. There will be “increased security protocols” at the homecoming game, scheduled for 2 p.m. Saturday, it said.
“Our thoughts are with the students and their families as they recover,” the university said.
(WASHINGTON, D.C.) — Dozens of Howard University students are sleeping outdoors in a tent encampment on campus grounds to protest what they describe as “poor” and “unlivable” conditions in the college dormitories.
Students told ABC News that portions of the university living quarters have mold and insect and rodent infestations, as well as leaky ceilings and flooding — all of which they say put their health at risk.
Lamiya Murray, an 18-year-old freshman currently living in one of the tents, believes the mold that she said she spotted in her dorm room was responsible for a respiratory infection she battled earlier this year.
“I’m not going to say that I expect a lot more, I expect the bare minimum. I expect decent housing,” Murray told ABC News. “I expect to be in a space where I will feel safe and secure, but the dorms became a health hazard. I was waking up every morning with a cough that I didn’t go to sleep with the night before, and struggling to breathe at night.”
Murray said her reports to campus maintenance have often gone unresolved.
@HowardU IM PISSED. OVER 24 hours and NO change. IVE BEEN BREATHING THIS IN. mold has been growing under my microwave, on my mattress. in my closet. on my suitcase. behind my mirror. in my FRIDGE. i am taking legal actions and i’ll be damned if anyone stops me. @fox5dcpic.twitter.com/euJlWdZQAx
Since Oct. 12, Murray and other student demonstrators have taken over the Blackburn University Center, a student hub and cafeteria located in the central yard of the campus. Organizers said they are not allowing administrators inside the Blackburn building.
One day after the protest began, on Oct. 13, the Howard University Division of Student Affairs issued a warning to protesters occupying the Blackburn University Center, citing the demonstrators for multiple violations of the university’s student code of conduct.
“You will proceed through a student conduct hearing and face consequences up to and including expulsion from the University. The judicial process will be conducted within the procedures of the Student Code of Conduct,” Cynthia Evers, vice president for student affairs, wrote in an email to students, obtained by ABC News.
“We take great pride in Howard students leading the nation in public and private fights for justice and equality in all corners of the nation and, in fact, the world,” the email continued. “However, there is a marked delineation between historic protests and what we witnessed yesterday [Oct. 12] . The University looks to fully preserve the integrity and authenticity of students’ constitutionally guaranteed rights of free speech and assembly while protecting against the weaponization of these rights as false representations of the Howard student experience at large.”
Outside the building, a banner draped across the sidewalk reads: “Enough is enough.” A number of students told ABC News they would rather sleep outside than in their dorm rooms.
Fellow student protesters took turns guarding the door of the center, where some demonstrators inside could be seen through the window resting in sleeping bags, studying or eating food donated by alumni and local civil rights groups who visited them in support of their cause.
“All of our Blackburn family is allowed in and out of the building,” Murray said, telling ABC News they are not allowing administrators or press into the building. “It’s the outsiders that we’re worried about. We’re trying to keep students safe and keep everybody in an atmosphere where they feel comfortable to express the things that are happening on campus.”
A private group message board shared among students and reviewed by ABC News posted photos they say show hazardous dorm environments.
The sit-in, organized by the Young Democratic Socialists of America and The Live Movement, has gone viral under the hashtag #BlackburnTakeover. The tweets have garnered attention from celebrities, including artists from rapper Gucci Mane’s 1017 record label, who pulled out of performing at Howard University’s homecoming this weekend. Students at other historically Black colleges and universities have also shared videos and pictures on social media of alleged low-quality living conditions at their schools.
“There are students whose belongings were lost, or have been destroyed by floods, by mold, by all types of insufficient living conditions and it’s hurtful. Even if you’re not the person who is experiencing that, just listening and taking it in, with us being a community, it’s very hurtful to hear,” said Deja Redding, a Howard University graduate student and director of The Live Movement, a campus-based organization focused on advocating for racial equity in education.
Alumni and local community members provided an outdoor pantry with food, water and…Read More
There have been 34 reports of concerns related to discoloration, or suspected fungal growth, across more than 5,050 beds. This represents 0.67% of the total on-campus beds, according to Howard University officials.
“The well-being of our students is always one of Howard University’s top concerns, and we always support students’ right to peacefully protest. The administration is actively addressing the concerns students have shared. While there have only been a small number of documented reports, we are actively seeking out any issues that may be in the dorms by going door to door to address each room,” Frank Tramble, vice president of communications and chief communications officer at Howard University, said in a statement to ABC News.
Tramble said cabinet members of the university administration have personally visited the campus housing facilities to survey dorms. He also said students impacted have been placed in temporary housing as the university works to address the issues.
“We also remind students to submit a maintenance request so we can address each situation and ensure our students’ living conditions are safe and habitable. We care about our students and are working to ensure that we are finding, addressing, and remediating any issues,” Tramble added.
The Howard University Division of Student Affairs also acknowledged the presence of mold in select residence halls in an email sent to the students, but assured them that the issue is not widespread.
“There have been rooms in select residence halls that were affected by mold growth. The University’s response held the third-party vendor fully accountable, and they are conducting mold remediation and HVAC duct cleaning in the impacted rooms, and throughout the building as part of third quarter preventive maintenance,” Evers said to students in the email statement.
“Long, hot, wet summers, record-high temperatures and humidity are environmental factors that create the climatic conditions that foster mold growth. We have listened to our students’ concerns, and we have been responsive,” Evers added.
However, some students believe the damage may be more widespread than officially reported.
Demonstrators are demanding a town hall with Howard University President Wayne Frederick. They are also pressuring the administration to reinstate students, faculty and alumni on the university board of trustees, who were previously removed from their positions after the university voted unanimously in June to restructure the board to improve the process of governance. Students are also asking for a plan of action to improve housing for incoming students, and provide academic and legal immunity for all the students participating in the protest.
“We are not satisfied. What we’re hearing is all talk. We’re waiting for those actions to be put in place so we can allow Howard to have their Blackburn cafeteria back, but until then, we will still be occupying that space until the demands are met,” Murray said.
Over the past two years, Howard University has received large donations, including a $40 million donation from billionaire philanthropist Mackenzie Scott, Jeff Bezos’ ex-wife, the most significant single donor gift in Howard’s history.
HBCUs across the country received approximately $2.6 billion through the CARES Act Higher Education Emergency Relief Fund, a $40 billion funding allocation set aside for higher education as part of the American Rescue Plan. Advocates say more federal resources are needed to fund and support HBCUs.
With the Founders Library in the background, a young man reads on Howard University…Read More
In 2020, HBCUs saw a surge in admissions. Howard University experienced a 15.9% increase in fall 2020 applications, according to a press release.
Interest in attending and supporting HBCUs surfaced following the racial reckoning sparked by the killing of George Floyd and resulting protests, according to an Inside Higher Ed report.
At the start of the 2021 school year, Howard students took to social media calling out the deteriorating and limited housing capacity. Howard University has refuted claims of a housing shortage on campus in statements to students and to ABC News.
“Students have reported on social media that there are Howard University students who are homeless. We have a 94 percent occupancy rate at present, which means we have hundreds of available beds to house students. We encourage any student experiencing housing issues to email hureslife@howard.edu for assistance. As we did last year, we will assist with securing housing, and we have continued to maintain and make available the food pantry on campus for students who are food insecure,” Tramble told ABC News.
Redding said student organizers feel confident their protests will pressure the university administration to reach a resolution to improve on-campus housing.
“It does not matter what happens, we will always find a way to persevere through this,” Redding said.
