(SEOUL, SOUTH KOREA) — South Korean President Yoon Suk Yeol will face an impeachment vote Saturday, days after briefly imposing martial law.
The country’s dominant opposition party moved on Wednesday to impeach Yoon, submitting a motion a day after his declaration of martial law set off a night of political chaos.
The opposition party, the Democratic Party, had been working Friday to gain enough votes from the ruling party side to pass the motion to impeach, which would then go to the Constitutional Court.
A high-level official in Korea’s spy agency this week also said he had refused a request by the president to arrest several key political figures. He was immediately dismissed with Yoon claiming he did note order arrests of lawmakers.
The head of the ruling People Power Party turned course from Thursday in announcing that the president is unfit to lead the country.
“I think that President Yoon Suk Yeol should be suspended from office as soon as possible,” Han Dong-hoon said during an emergency party meeting on Friday morning.
He was careful to avoid using the word “impeachment” but implied that Yoon should either resign or be forced to step down.
After that about-face statement, South Korea’s political scene went through a roller coaster ride.
Han briefly met with the president at his request in the afternoon.
The president was on his way to the National Assembly but turned back after a group of opposition party lawmakers gathered at the entrance of the Assembly Hall chanting “impeachment,” “treason” and and even calling for the arrest of Yoon.
The speaker of the National Assembly read a stern statement on camera demanding that the president hold off a visit to the National Assembly until security matters are ironed out.
“A second sate of emergency cannot be tolerated,” and “If there is, by any chance, another misjudgment by the President in declaring a state of emergency, we will do everything in our power to prevent it,” Woo Won-shik said.
Yoon declared martial law in a televised speech late Tuesday, saying the measure was necessary due to the actions of the country’s liberal opposition, which he accused of controlling parliament, sympathizing with North Korea and paralyzing the government.
The move sparked massive protests, and hours after the declaration, the National Assembly voted early Wednesday morning local time demanding that the president lift the martial law order. Yoon lifted the order shortly thereafter.
“This is a serious act of rebellion and perfect grounds for impeachment,” a Democratic Party spokesperson said in a statement after martial law was lifted.
(WASHINGTON) — President-elect Donald Trump has been the ultimate GOP mover and shaker since 2015, using his sway to impact the party far beyond just his own political career. Now, Vice President-elect JD Vance has some early opportunities to make his own mark.
Vance, still Ohio’s junior senator, has shepherded some of Trump’s Cabinet picks around and can use his ties to his colleagues to promote others. He is also in touch with Ohio Republican Gov. Mike DeWine as he mulls who to tap to replace Vance in the Senate until 2026, when that person would then have to run in a special election to serve the rest of the seat’s term.
It’s unlikely that Vance — or anyone — can emulate Trump’s unique ability to affect change in the party. But Vance is the country’s second-highest ranking Republican and considered Trump’s heir apparent, making the upcoming opportunities chances to glimpse the power the 40-year-old holds across the GOP to promote the incoming administration’s goals but also his own stock beyond his formal role.
“It’s pretty clear that he is in a pole position after Trump to help lead the party. So, he’s going to, I think, take these opportunities to show the party that he’s a loyal soldier to Donald Trump, but he’s also going to be a future force to be reckoned with,” said former Republican National Committee Chairman Reince Priebus, who remains in touch with Trump’s team.
Vance is not a sherpa for every single Cabinet pick, but he did escort former GOP Rep. Matt Gaetz, Trump’s failed attorney general pick, and Pete Hegseth, tapped to lead the Pentagon, around Capitol Hill. He’s also making calls to Senate colleagues about some of Trump’s Cabinet choices, according to sources familiar with the matter.
He’s also in what one source described as semi-regular contact with DeWine as the two-term governor mulls who to appoint to the Senate seat that Vance is vacating. The decision is ultimately DeWine’s, and there currently doesn’t appear to be a favorite for the role, but sources said they would be surprised if the person was someone who rubbed Vance and Trump the wrong way.
“Ohio is his domain, so I think you can expect that his voice in the upcoming Senate race will be important,” one source close to Vance said. “There is a want to land on somebody that everybody involved will be happy with, DeWine, Trump and JD.”
To be certain, Vance can only move the needle so far with Cabinet confirmations and Senate appointments, decisions that are up to a Senate looking for chances to assert its independence and a governor who has clashed with Trump but remained electorally viable. There will also be tougher battles to come as the next administration works to muscle through its policy priorities, and Trump will still run the show as a dominant political figure who virtually blocks out the sun.
But the dual conversations over appointments could offer early indications of how much Republicans listen when Vance speaks, even as someone’s No. 2.
“He talks to [senators] a lot,” said one source in Vance’s orbit. “They’re his colleagues still for another four weeks. So, yeah, he works the phones. He was on Capitol Hill this week. I think he wants to see folks get in there so the administration can hit the ground running on day one.
“He’s a surrogate for when the President has to be in multiple places at the same time. He’s influential, but I don’t know that he’s more persuasive than the president as such. He’s augmenting,” the person added.
Already, Vance has seen some of his allies elevated in the incoming administration.
James Braid, who was Vance’s deputy chief of staff in the Senate, will be the White House’s formal liaison to Congress. Daniel Driscoll, another Vance ally, was tapped to be secretary of the Army. Trump picked hedge fund manager and Vance friend Scott Bessent as his treasury secretary after he donated millions to the presidential ticket.
And Vance has already proven his sway by helping now-Ohio Republican Sen.-elect Bernie Moreno win Trump’s endorsement in the Ohio Senate primary this year and then get him over the finish line against Ohio Democratic Sen. Sherrod Brown who had defied political gravity for several cycles.
There have been setbacks, too — Gaetz withdrew his name from consideration after sexual misconduct allegations dogged his nomination, and Hegseth is facing headwinds over allegations of sexual assault and heavy drinking that he’s denied. However, it’s unclear how much outside help could improve their chances given the gravity of the allegations.
“This is a chance to see how many of Vice President-Elect Vance’s confidants end up in the Cabinet, and whether they are Cabinet secretaries, or the other place to take a very serious look is the undersecretaries,” said Steve Stivers, a former congressman who leads the Ohio Chamber of Commerce. “It’s not just the Cabinet secretaries, but the undersecretaries that matter here, because those will be people filling their résumé being ready to move up.”
Still, there’s no guarantee that Vance will be able to be as big of a mover and shaker as normally possible for vice presidents in Trump’s White House.
The president-elect is famously wary of others enjoying too bright of a spotlight, and there could be other high-profile Republicans who are also anticipated to be power players after Trump leaves office, including Florida Sen. Marco Rubio, Trump’s pick to lead the State Department, and Florida Gov. Ron DeSantis, who is rumored to be in the mix for Pentagon chief if Hegseth’s nomination falls through.
“Obviously, he has a great opportunity here. But I think for folks to say it’s a fait accompli that JD Vance is somehow ahead of the rest of the field today, I just don’t think that’s accurate,” said one former senior Trump administration official.
“What is he going to do that’s outside of the Trump shadow, that is actually him, that is not him acting as a liaison for Donald Trump? And of those things, what does he do that pisses off Donald Trump? Because it’s a guy that doesn’t really like people operating outside of his shadow.”
But at the end of the day, Vance will have a more elevated platform than any other Republican in the country except for one, and Trump enters office as a lame duck because of constitutional term limits, possibly leaving Vance well-positioned for a potential vacuum in a party dominated by Trump for nearly a decade.
“Trump picked him for a specific reason, and that reason is to carry the mantle. Now, he’s 40 years old. That dude could be around for a while. Trump was looking ahead,” said Ohio GOP strategist Mike Hartley. “I think he’s going to give him every opportunity to succeed.”
Derek Crowe, a spokesman for the nonprofit People’s Action Institute, speaks with ABC News. (ABC News)
(NEW YORK) — Fury, anger and resentment toward the health care industry have exploded in the public rhetoric in the wake of UnitedHealthcare CEO Brian Thompson’s killing and one activist said that “volcanic” eruption of emotion has been boiling up for years.
People have been flooding social media posts with statements chastising UHC for its policies, bringing up times they were personally denied coverage or hit with huge bills for services.
In some instances, some users have even praised Thompson’s murder and the shooter, who is still on the lam and not been publicly identified as of Friday evening. UHC’s Facebook post memorializing Thompson was filled with “laughing” emojis and comments chastising the insurer before comments were shut off.
Derrick Crowe, a spokesman for the nonprofit People’s Action Institute, a social advocacy nonprofit that has protested UHC and other health care, told ABC News that he was horrified by Thompson’s shooting and offered his condolences to his loved ones.
However, he noted the anger online has been a long time coming.
“I think the reason that anger was pent up and it came out in such a volcanic way is that corporations have too much power in this country and they’re standing in the way of dealing with two big epidemics,” he told ABC News. “One is the epidemic of gun violence, which we saw an example of in Manhattan, and one is an epidemic of care denials across the country.”
Crowe said more than 250 million health claims are denied annually by health insurance companies. He claimed the UHC “by far leads the clear care denials of people’s claims when they’re seeking health care.”
He cited examples such as patients claiming they were denied coverage for a congenital defect or infant care.
“Many of the folks that we’ve talked to have had personal stories of needing acute health care quickly and have found that this company has been standing in their way,” he said.
When asked by ABC News about the increase in rhetoric against the healthcare industry following the shooting, a UHC spokesperson deferred to its latest statement about Thompson’s killing.
“While our hearts are broken, we have been touched by the huge outpouring of kindness and support in the hours since this horrific crime took place. So many patients, consumers, health care professionals, associations, government officials and other caring people have taken time out of their day to reach out. We are thankful, even as we grieve,” the statement said.
“Our priorities are, first and foremost, supporting Brian’s family; ensuring the safety of our employees; and working with law enforcement to bring the perpetrator to justice. We, at UnitedHealth Group, will continue to be there for those who depend upon us for their health care. We ask that everyone respect the family’s privacy as they mourn the loss of their husband, father, brother and friend,” the statement continued.
In the past, protests have been held against UHC in Minneapolis, where its headquarters are based, including one back in July.
Crowe said that his organization has led many movements to call out the insurance companies for their practices.
“The purpose of that action was to draw attention to the epidemic of claims, denials and care denials across the country, and to bring people who have had their health care directly affected by a care denial by this corporation to the place where the denial is coming from, and to demand that they stop putting profits over people’s lives,” he said.
Crowe reiterated that his group only supports non-violent and peaceful means of protesting the industry and condemned Thompson’s murder. However, he reiterated that the fight against greed in the health insurance industry needs to continue.
“We believe that in keeping with the principles behind the First Amendment, that there are democratic, powerful, nonviolent ways that we can take that private pain and turn it into public power when we bring people together. And we’re going to continue to do that. And we think that’s an essential part of making change in our democracy,” he said.
(WASHINGTON) — The family of Austin Tice, the American freelance journalist and Marine Corps veteran who was kidnapped while reporting in Syria in 2012, said it has been in contact with a “significant source” that confirmed he is alive and well.
“We have from a significant source that has already been vetted all over our government that Austin Tice is alive, Austin Tice is treated well, and there is no doubt about that,” said Tice’s mother, Debra.
National security adviser Jake Sullivan met with the family of Tice, who has been missing for more than 12 years after he was abducted on Aug. 13, 2012, at the White House on Friday.
“Jake Sullivan has regularly met with the families of wrongfully detained Americans,” White House press secretary Karine Jean-Pierre said following the meeting. “We’re going to continue to make sure that we get Americans who are wrongfully detained, Americans home to their families.”
The Biden administration has successfully brought 75 unjustly detained Americans back to the United States.
Although reporters asked for more information about the source, the Tice family said it could not share more, claiming the U.S. government is restricting it from doing so for reasons the family does not understand. ABC News reached out to the family.
However, Tice’s father, Marc, said the family is “working toward” making more information public and that the source is “very different” from others who had given the family false hope in the past.
“We are confident in that this information is fresh,” he said. “It indicates as late as earlier this year that Austin is alive and being cared for.”
The U.S. government has continuously operated under the assumption that, despite his lengthy captivity and limited intelligence about his whereabouts, Tice is still alive. But its belief is primarily founded on a lack of evidence to suggest he is dead rather than evidence proving he is alive, according to multiple sources.
Questions about who exactly is holding Tice have cropped up over the past few years. The Biden administration has been careful with its wording on this, issuing statements saying that “we know with certainty that he has been held by the Government of Syria” because officials believe it is possible Tice is now in the custody of another group. However, the administration still believes the Syrian government has the power to bring about his release.
If the new source does have legitimate insight into Tice’s conditions, it stands to reason the source would likely also have information about whatever entity is holding him in custody, which could provide clues to his exact location.
The Syrian government has never publicly acknowledged playing any part in Tice’s disappearance, but during talks under the Trump administration, Syrian officials said they would provide proof of life in exchange for the United States fulfilling sweeping demands, according to officials familiar with the private negotiations. The Trump administration did not comply, and the Syrian government did not hand over any information about Tice.
The FBI has offered a reward of up to $1 million for information leading to the safe location, recovery and return of Tice.
(WASHINGTON) — The U.S. Department of Labor is investigating HelloFresh over allegations that the popular meal kit service employed migrant children at a cooking and packaging facility in Illinois as recently as this summer, ABC News has learned.
At least six teenagers, at least some of whom migrated from Guatemala, were found working night shifts at the facility, said Cristobal Cavazos, the executive director for Immigrant Solidarity, an immigrant rights advocacy group that helped report the matter to federal regulators.
“They’re minors working dangerous jobs,” Cavazos told ABC News.
The Labor Department is also investigating whether Midway Staffing, an agency that hires employees to work at the HelloFresh facility, also violated federal child labor rules, according to documents obtained by ABC News.
The German-based HelloFresh, which is the largest meal kit company in the U.S., is the latest food supply firm to come under scrutiny for allegedly employing underaged migrants.
The Department of Labor confirmed to ABC News it is investigating the HelloFresh facility and the staffing agency.
“We were deeply troubled to learn of the allegations made against a former temporary staffing agency,” a spokesperson for HelloFresh told ABC News in a statement. “As soon as we learned of these allegations, we immediately terminated the relationship.”
“We have strict protocols in place to ensure all vendors follow our robust global ethics and compliance policies,” the spokesperson said. “We have zero tolerance for any form of child labor, and we have taken action to ensure no minors perform work in or have access to our facilities.”
The spokesperson told ABC News that the facility, in Aurora, Illinois, is a Factor75 facility, which was acquired by HelloFresh in 2020. Factor75 is a prepared meal delivery services company.
Midway Staffing did not respond to a request for comment from ABC News.
In fiscal year 2024, the Labor Department found 4,030 children employed in violation of child labor laws across all industries. Of the 736 cases brought by the department, nearly half involved minors employed in violation of hazardous occupation laws.
According to immigrant rights advocacy groups and labor experts, migrant children in the U.S. are not only employed in agriculture and food supply jobs, but also in dangerous jobs including construction and roofing.
Last month, the Labor Department fined a sanitation contractor that employed children to perform dangerous work during overnight shifts at its Sioux City pork processing plant. Eleven children were found to have used “corrosive cleaners to clean head splitters, jaw pullers, bandsaws, neck clippers and other equipment” from at least September 2019 through September 2023, according to court documents.
In September, three immigrant teenagers filed a federal lawsuit against a seafood processing plant in Massachusetts alleging that the company forced the minors to work through “perilous, overnight shifts in its seafood processing plant.”
“In early 2023, American consumers were shocked to learn that children as young as 13 were working illegally in meatpacking plants throughout the U.S.,” Reid Maki, Director of Child Labor Advocacy for the National Consumers League, told ABC News, “It’s disturbing that this illegal hazardous child labor is continuing, with kids often exposed to caustic chemicals, working the night shift, and trying to attend school without sleep.”
“Some companies are ramping up monitoring, but the problem is pervasive and the U.S. Department of Labor badly needs congressional appropriations to increase the number of inspectors to make sure corporate efforts are succeeding,” Maki said.
(NEW YORK) — The search for an unidentified gunman who fatally shot UnitedHealthcare CEO Brian Thompson, and the investigation into a possible motive, remain ongoing Friday.
Thompson, 50, was shot Wednesday morning outside a Midtown Manhattan hotel, where the insurance group’s investors conference was being held. The masked gunman appeared to be lying in wait outside the Hilton hotel before shooting Thompson at close range, police said.
Police said they are interviewing Thompson’s colleagues and family about any potential specific threats while they investigate a motive into the shooting.
Evidence collected from the scene of the shocking shooting include shell casings with the words “deny,” “defend” and “depose” written on them, according to police sources.
ABC News contributor Brad Garrett, a former FBI agent, said he believes the shooter is “trying to send a message” through the words.
“It strikes me that it has to do with insurance companies using those terms in some of their processes of turning down claims,” Garrett told ABC News Live’s Stephanie Ramos when asked about the words. “It’s a common complaint by people of having claims denied, and so I think this shooter is trying to send a message that someone — either himself or a loved one or someone close to him — has been harmed by this insurance company.”
“There wouldn’t be, logically, any other reason,” he added.
The words on the shell casings also echo the title of a 2010 book “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It.” Police are aware of the similarity, and are investigating whether one possible motive is anger at the insurance industry, sources said.
The book was written by legal scholar and insurance expert Jay Feinman, a professor emeritus at Rutgers Law School in New Jersey.
It explores abuses of auto and homeowners insurance to “avoid paying justified claims,” according to its summary.
“Today the name of the game is delay, deny, defend: to improve their profits, insurance companies delay payment of justified claims, deny payment altogether, and defend their actions by forcing claimants to enter litigation,” the book description states.
This strategy is not restricted to auto and homeowners insurance, the introduction states. “All insurance companies have an incentive to chisel their customers in order to increase profits,” it says.
ABC News has reached out to Feinman for comment.
In a response to a post on X that mentioned his book and the words on the shell casings, Feinman said he has “no comment” to media inquiries.
Police are working to identify the gunman in the shooting and his whereabouts.
After the shooting, the perpetrator fled on foot into an alley, where a phone was recovered, then fled on a bike, according to NYPD Chief of Detectives Joseph Kenny.
Other evidence recovered from the scene includes a water bottle and candy wrapper, police sources said.
Police have also collected video of the suspected gunman all over the city, including in the subway, in cabs and a McDonald’s, since he arrived in New York City on Nov. 24 on a Greyhound bus, sources told ABC News.
In each place, he paid with cash and he made sure to keep his mask on, which indicates to detectives he knew he was coming to the city to commit the crime, sources said.
Police have released several photos of the shooting suspect while asking for the public’s help in identifying him. They include images of him unmasked taken from a surveillance camera at an Upper West Side hostel, where it appears the suspect shared a room with two other men, according to police sources.
UnitedHealthcare’s parent company, UnitedHealth Group, the largest health insurer in the world, said they are “working closely” with the NYPD in the wake of the shooting.
“So many patients, consumers, health care professionals, associations, government officials and other caring people have taken time out of their day to reach out. We are thankful, even as we grieve,” UnitedHealth Group said in a statement on Thursday. “Our priorities are, first and foremost, supporting Brian’s family; ensuring the safety of our employees; and working with law enforcement to bring the perpetrator to justice.”
“We, at UnitedHealth Group, will continue to be there for those who depend upon us for their health care,” the statement continued. “We ask that everyone respect the family’s privacy as they mourn the loss of their husband, father, brother and friend.”
(WASHINGTON) — Pete Hegseth’s attorney has threatened legal action against a woman who accused President-elect Donald Trump’s selection for defense secretary of sexual assault — if she repeats what he calls “false” claims and his client ultimately fails to get confirmed.
Tim Parlatore said in an interview on CNN Thursday night that a confidentiality agreement covering both her and Hegseth, part of a 2020 settlement with the former Fox News host, is no longer in effect, and that the unidentified woman, who filed a police report in 2017 alleging Hegseth sexually assaulted her in a hotel, is now free to speak publicly about the case.
However, Parlatore said he would consider a lawsuit against the woman for civil extortion or defamation if she made what he called false claims that jeopardized his client’s future in the Trump administration or “his future employment opportunities.”
“If she doesn’t tell the truth, if she repeats these false statements, then she will be subject to a defamation lawsuit. But now that she — and she’s well aware of that, her attorney was well aware that because of the breach of the agreement that is no longer in any force, in effect, she is free to speak if she wants,” the attorney said.
Connecticut Democratic Sen. Richard Blumenthal, a member of the Senate Armed Services Committee that would hold Hegseth’s confirmation hearings, told CNN Thursday that the threat to potentially sue Hegseth’s accuser is meant to intimidate her and is “reprehensible.”
“What they’re doing, essentially, is threatening or intimidating a potential witness,” he said.
Details of her allegations about the October 2017 incident were compiled in a Monterey Police Department report released last month. At the time, the woman told investigators that she encountered Hegseth at an event afterparty at a California hotel where both had been drinking.
The woman claimed she did not recall how she ended up in Hegseth’s room later and said he sexually assaulted her, according to the report. Hegseth “took her phone from her hands” and, when she attempted to leave, “blocked the door with his body,” according to what she told investigators.
Hegseth told investigators the sexual encounter was consensual. No charges were brought. However in December 2020, Hegseth paid the woman an undisclosed sum as part of a settlement because he feared his career would suffer if her allegations were made public, according to Parlatore.
Hegseth has repeatedly reiterated that he was not charged and has denied the assault allegations.
He has come under heavy fire over the last few weeks over news reports about the incident and other allegations of heavy drinking, mismanagement, extramarital affairs and other controversies.
Trump has stood by his selection and Hegseth has dismissed questions about whether he would withdraw.
(HOUSTON, Texas) — An 18-year-old was arrested and charged in Houston, Texas, after allegedly killing a man during an meetup to purchase a PlayStation 5.
The Houston Police Department charged Zavion Joshua Pabon, 18, with capital murder and aggravated robbery with a deadly weapon in the shooting death of 37-year-old Tyler McGinty, who was selling the video game console.
Patrol officers responded on Nov. 24 to a report of a shooting at a hotel room at 3850 Wilcrest Drive, according to the HPD. The victim was later identified as McGinty.
McGinty was taken to an area hospital in critical condition and was pronounced dead on Nov. 28, the HPD said.
Pabon was later identified as a person of interest in the case and was arrested Thursday and charged with McGinty’s murder, according to the HPD.
According to McGinty’s mother, Tammy Smith, her son was selling a PlayStation 5 online for $350 and went to the hotel to meet with a potential buyer.
“He got his head blown off for a PlayStation 5,” Smith told ABC affiliate station KTRK in Houston.
McGinty had sold several items online, his mother said, adding that she never expected something like this to happen.
“You don’t think like that,” Smith said. “Normal people don’t do this. This isn’t a normal person. This is a very, very bad individual.”
Smith said she finds solace in knowing her son was an organ donor and that his heart continues to beat.
“It just makes me happy, and it comforts me in my time of need as a mom going through grief,” Smith said.
Pabon is currently in jail and has been denied bond, according to the Harris County Clerk’s Office. His next hearing is set for Dec. 12.
(NEW YORK) — Judge Maxwell Wiley has dismissed the top charge of second-degree manslaughter against Daniel Penny in the death of Jordan Neely at the request of prosecutors after considering declaring a mistrial after jurors reported they continue to be deadlocked on the charge.
He said he will encourage the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide in the death of Neely, a homeless man, on the New York City subway last year.
Defense attorney Thomas Kenniff opposed the move, arguing the move could lead to a “coercive or a compromised verdict.” He again encouraged the judge to declare a mistrial.
This leaves the jury to deliberate the lesser count of criminally negligent homicide.
“Whether that makes any difference or not I have no idea,” Wiley said.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
He was initially charged with both manslaughter and negligent homicide charges. He pleaded not guilty to both.
The jury sent two notes repeating that they could not come to a unanimous conclusion on the count.
Wiley suggested giving the jury a second Allen charge, and he gave the lawyers more time to think about next steps.
In its first note of the day, the jury in Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”
Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
The second-degree manslaughter charge only required prosecutors to have proven Penny acted recklessly, not intentionally.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”
Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.
“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.
Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.
(UNITY TOWNSHIP, Pa.) — The body of a missing grandmother who was swallowed by a sinkhole and fell into an abandoned coal mine in Pennsylvania was recovered Friday following a dayslong search, officials said.
Elizabeth Pollard, 64, was found in the mine Friday at approximately 10 a.m., Westmoreland County Coroner Tim Carson confirmed to ABC News. Her body will be transported to their facility for an autopsy to determine the cause and manner of death, he said.
The challenging excavation began Tuesday in Unity Township, about 40 miles southeast of Pittsburgh, after Pollard was reported missing by a family member. She had not been heard from after going out to search for her cat, police said.
The sinkhole is believed to be tied to the mine and formed while Pollard was walking in the area looking for her cat, officials said.
The dangerous search effort shifted to a recovery mission on Wednesday, when authorities surmised it was unlikely Pollard could still be alive based on the conditions underground, including oxygen levels. Search efforts had also not found any sign of life, according to Pennsylvania State Police Trooper Steve Limani, who said at the time it would be a “miracle” to find Pollard alive.
Despite the difficulties posed by the search, including the amount of dirt and unstable conditions of the mine, Limani said they would not stop searching until they found Pollard.
“I know we had a lot of hopes,” Limani said during a press briefing Wednesday evening, calling the development “difficult.”
Authorities said Thursday evening that they believed the excavator had reached the area where Pollard ended up.
Pollard was last seen Monday evening, police said. A couple hours after she was reported missing, her vehicle was located shortly before 3 a.m. Tuesday with her 5-year-old granddaughter safe inside, though Pollard was nowhere to be seen, police said.
While searching for Pollard in the area, troopers found an apparent sinkhole with an opening about the “size of a manhole” 15 to 20 feet away from the vehicle, according to Limani.
Local firefighters, a technical rescue team and the state’s Bureau of Mine Safety worked alongside an excavation team to remove dirt to access the sinkhole.
Search crews were able to make entry into the mine area amid the search, though the integrity of the mine was compromised by the water used to break up the ground, Limani said. Parts of the mine started to buckle and collapse, he said.
Crews stopped accessing the mine on Wednesday due to the danger of collapse, with the search effort shifting to cameras.
Amid the search for Pollard, Limani told reporters Thursday that they have not found her cat, Pepper. Pollard’s family also has not seen the cat, he said.
The area where the sinkhole formed has a “very thin layer of earth” and appears to have been deteriorating “for a long time,” Limani said.
Authorities were mapping other depressions in the area to prevent future accidents.
“People down here should be not afraid to walk around in their yards,” Limani said.
The mine last operated in 1952, according to the state’s Department of Environmental Protection. The depth to the coal seam in this area is approximately 20 feet, a department spokesperson said.
Once the scene is clear, the department will investigate the site “to determine if this issue is the result of historic mine subsidence,” the spokesperson said.
