Tag Archives: Prosecutors

Breonna Taylor: Prosecutors want trial of detective in shooting held in Louisville

The Kentucky Attorney General’s office asked a judge this week to keep the trial for one of the officers involved in the Breonna Taylor shooting in Louisville, citing a “large and diverse” pool for jurors, according to a report. 

Former Det. Brett Hankison was charged with wanton endangerment last September for firing into an apartment next to Taylor’s and showing “extreme indifference to human life.” A man, a pregnant woman and a child were inside the apartment. He also shot into another empty apartment.

Taylor’s death became an integral part of the fight against police brutality and racial justice protests that swept the nation last year, stirred by the police custody death of George Floyd in Minneapolis last May after an officer kneeled on his neck for several minutes.

Last month, Hankison’s attorney, Stew Mathews, argued his trial should take place in another county because he claimed the former detective has been portrayed in a negative light by the media, which could prejudice his jury and “irreparably harm” his chance for a fair trial, WDRB-TV in Louisville reported. 

BREONNA TAYLOR DEATH: LOUISVILLE POLICE DOCUMENTS SHINE LIGHT INTO INVESTIGATION DETAILS 

Former Det. Brett Hankison was charged last fall with wanton endangerment. 
(Louisville Metro Police Department)

He told Jefferson Circuit Court Judge Ann Bailey Smith the “media circus” and portrayed his client in a “false and negative light.”

The request was denied by Attorney General Daniel Cameron’s office, saying Matthews had not shown conclusively “public opinion is so aroused in the county as to reasonable preclude a fair trial” and noting that potential jurors will be questioned about potential bias before the trial.

The Kentucky Supreme Court recently upheld a judge’s decision to keep the trial in Jefferson County, adding that moving it to another county would likely cause “hardship” for lay witnesses and victims, all of whom live in Louisville, WDRB reported.

Hankison and two other Louisville Metro Police officers, McKenzie Mattingly and Myles Cosgrove, were involved in the fatal shooting of Taylor, a 26-year-old emergency room tech, in her apartment on March 13, 2020, following a no-knock drug raid. No drugs were found inside.

None of the officers were indicted for Taylor’s killing, setting off another wave of protests and criticism.

Taylor’s boyfriend, Kenneth Walker, fired a warning shot when officers entered because he thought he and Taylor were being robbed, his attorney said. The officers, who later said they had announced their entry, fired back, hitting Taylor. Walker shot one of the officers in the leg.

FBI ballistics experts determined one of Cosgrove’s bullets had killed her. 

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Jefferson County, which includes Lousiville has the highest percentage of Black residents in the state, around 22%, WDRB reported, compared to less than 13% in every other county in the state. 

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Criticism builds over Biden’s failure to lift Trump sanctions on ICC prosecutors | US foreign policy

The Biden administration is facing growing criticism for failing to lift US sanctions imposed last year on war crimes prosecutors at the international criminal court, at the same time Israel is lobbying to keep the punitive measures in place.

The sanctions, targeting officials in the ICC prosecutors and their families were imposed by the Trump administration in September in retaliation for launching investigations into the Afghan and the Israeli-Palestinian conflicts.

Days after Joe Biden was inaugurated, the state department said that, though the new administration did not agree with the decision to launch those investigations, “the sanctions will be thoroughly reviewed as we determine our next steps”.

Over a month later, there has been no move to lift the sanctions, and a state department spokesperson said this week they had no further comment. The failure to take action has provoked unease among US allies in Europe and elsewhere, who are staunch supporters of the ICC.

According to Axios reporting confirmed by the Guardian, Israel’s prime minister, Benjamin Netanyahu lobbied Biden on 17 February, in their first phone call since the new president was inaugurated, to keep the sanctions in place. An official familiar with the conversation confirmed the report.

In December, the ICC prosecutor declared there were grounds to open an investigation in the West Bank and Gaza, and a panel of judges earlier this month agreed that the prosecutor had jurisdiction.

Like the US, Israel is not a signatory to the Rome treaty establishing the ICC, but Afghanistan and the Palestinian Authority are.

The Israeli embassy in Washington did not respond to a request for comment.

The Trump administration did not just sanction ICC officials involved in the investigation of alleged war crimes by the US and its allies, it also imposed visa restrictions on the families of those officials. It also claimed it would launch a counter-investigation into the ICC for alleged corruption, though it is unclear whether such an investigation was ever launched.

The justice department did not respond to an inquiry on the status of the investigation.

Legal sources said the continuing threat of sanctions has had the effect of seriously hindering investigations into atrocities by all sides in Afghanistan, the West Bank and Gaza, because lawyers and institutions have been reticent in cooperating with the ICC out of fear of bringing US sanctions on themselves.

Earlier this month, more than 70 human rights organisations, faith-based groups and academic institutions made an appeal for the lifting of sanctions they described as “an unprecedented attack on the court’s mandate to deliver justice and the rule of law globally, an abuse of the US government’s financial powers, and a betrayal of the US legacy in establishing institutions of international justice”.

Diplomats and experts predicted that the Biden administration would eventually lift the sanctions, but was seeking a way to do so without seeming to endorse the ICC investigations in Afghanistan and the Palestinian territories.

“The US relationship with the ICC is in a much more complicated place than it was when the Obama administration took over,” said David Bosco, author of a book on the ICC, called Rough Justice.

“The ICC now has an investigation underway in Afghanistan that includes scrutiny of US personnel and of course the judges just made clear that the prosecutor can investigate in Palestine.”

Bosco added: “In this environment, figuring out how the US should approach the court is really tricky, and I think the administration has decided they need to assess all approaches before pulling off the sanctions.”

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Trump’s Tax Returns Aren’t the Only Crucial Records Prosecutors Will Get

When New York prosecutors finally get to examine the federal tax returns of former President Donald J. Trump, they will discover a veritable how-to guide for getting rich while losing millions of dollars and paying little to no income taxes.

Whether they find evidence of crimes, however, will also depend on other information not found in the actual returns.

The United States Supreme Court on Monday cleared the way for the Manhattan district attorney, Cyrus R. Vance Jr., to obtain eight years of Mr. Trump’s federal income tax returns and other records from his accountants. The decision capped a long-running legal battle over prosecutors’ access to the information.

The New York Times last year provided more or less a preview of what awaits Mr. Vance, when it obtained and analyzed decades of income tax data for Mr. Trump and his companies. The tax records provide an unprecedented and highly detailed look at the byzantine world of Mr. Trump’s finances, which for years he has simultaneously bragged about and sought to keep secret.

The Times’s examination showed that the former president reported hundreds of millions of dollars in business losses, went years without paying federal income taxes and faces an Internal Revenue Service audit of a $72.9 million tax refund he claimed a decade ago.

Among other things, the records revealed that Mr. Trump had paid just $750 in federal income taxes in his first year as president and no income taxes at all in 10 of the previous 15 years. They also showed he had written off $26 million in “consulting fees” as a business expense between 2010 and 2018, some of which appear to have been paid to his older daughter, Ivanka Trump, while she was a salaried employee of the Trump Organization.

The legitimacy of the fees, which reduced Mr. Trump’s taxable income, has since become a subject of Mr. Vance’s investigation, as well as a separate civil inquiry by Letitia James, the New York attorney general. Ms. James and Mr. Vance are Democrats, and Mr. Trump has sought to portray the multiple inquiries as politically motivated, while denying any wrongdoing.

Mr. Vance’s office has issued subpoenas and conducted interviews in recent months as it scrutinizes a variety of financial matters, including whether the Trump Organization misrepresented the value of assets when obtaining loans or paying property taxes, as well as the payment of $130,000 in hush money during the 2016 campaign to Stephanie Clifford, the pornographic film actress whose stage name is Stormy Daniels. Among those interviewed have been employees of Deutsche Bank, one of Mr. Trump’s largest lenders.

For all their revelations, Mr. Trump’s tax records are also noteworthy for what they do not show, including any new details about the payment to Ms. Clifford, which was the initial focus of Mr. Vance’s investigation when it began two years ago.

The tax returns represent a self-reported accounting of revenues and expenses, and often lack the specificity required to know, for instance, if legal costs related to hush-money payments were claimed as a tax write-off, or if money from Russia ever moved through Mr. Trump’s bank accounts. The absence of that level of detail underscores the potential value of other records that Mr. Vance won access to with Monday’s Supreme Court decision.

In addition to the tax returns, Mr. Trump’s accountants, Mazars USA, must also produce business records on which those returns are based and communications with the Trump Organization. Such material could provide important context and background to decisions that Mr. Trump or his accountants made when preparing to file taxes.

John D. Fort, a former chief of the I.R.S. criminal investigation division, said tax returns were a useful tool for uncovering leads, but could only be fully understood with additional financial information obtained elsewhere.

“It’s a very key personal financial document, but it’s just one piece of the puzzle,” said Mr. Fort, a C.P.A. and the director of investigations with Kostelanetz & Fink in Washington. “What you find in the return will need to be followed up on with interviews and subpoenas.”

Still, The Times’s investigation of Mr. Trump’s returns exposed a number of misleading assertions and falsehoods he has propagated about his wealth and business acumen.

Numerous claims by Mr. Trump of generous philanthropy fell apart upon examination of his tax returns, which raised questions about both the amount of certain donations and the overall nature of his tax-deductible giving. For example, $119.3 million of the roughly $130 million in charitable deductions he claimed since 2005 turned out to be the estimated value of pledges not to develop real estate, sometimes after a planned project fell through.

At least two of those land-based charitable deductions, one related to a golf course in Los Angeles and the other a Westchester estate called Seven Springs, are known to be part of the civil inquiry by Ms. James, who is examining whether appraisals supporting the tax write-offs were inflated.

More broadly, the tax records showed how the public disclosures he filed as a candidate and then as president offered a distorted view of his overall finances by reporting glowing numbers for his golf courses, hotels and other businesses based on the gross revenues they collected each year. The actual bottom line, after losses and expenses, was much gloomier: In 2018, while Mr. Trump’s public filings showed $434.9 million in revenue, his tax returns declared a total of $47.4 million in losses.

And such dire numbers were not an anomaly. Mr. Trump’s many golf courses, a core component of his business empire, reported losses of $315.6 million from 2000 to 2018, while the income from licensing his name to hotels and resorts had all but dried up by the time he entered the White House. In addition, Mr. Trump has hundreds of millions of dollars in loans, much of which he personally guaranteed, coming due in the next few years.

The Times’s investigation also found that he faces a potentially devastating I.R.S. audit focusing on the huge refund he claimed in 2010, which covered all the federal income taxes he paid from 2005 to 2008, plus interest. Mr. Trump repeatedly cited the ongoing audit as the reason he could not release his tax returns, after initially saying he would, even though nothing about the audit process prevented him from doing so.

If an I.R.S. ruling were to ultimately go against him, Mr. Trump could be forced to pay back more than $100 million, factoring in interest and possible penalties, in addition to some $21.2 million in state and local tax refunds that were based on the figures in his federal filings.

Russ Buettner and Susanne Craig contributed reporting.

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Oath Keepers Plotting Before Capitol Riot Awaited ‘Direction’ From Trump, Prosecutors Say

Days before the riot, prosecutors say, Mr. Caldwell reached out to a contact associated with another group, the Three Percenters, an extremist gun rights militia that takes its name from the supposed three percent of the U.S. colonial population that fought the British Army. In a text message, Mr. Caldwell suggested finding a boat that “could handle a Potomac crossing” and could carry a “Quick Response Team” with “heavy weapons” to militia members already at the Capitol.

Mr. Caldwell asked a federal judge to release him from custody this week, saying he was an injured Navy veteran with more than 30 years of experience with top-secret matters. He also noted that while he was at the Capitol on Jan. 6, he was not part of the “stack” of Oath Keepers in tactical military gear that physically breached the building.

In the papers filed on Thursday, prosecutors countered that that hardly mattered given that Mr. Caldwell was “a key figure who put into motion the violence that overwhelmed the Capitol.” They noted that in his text messages he described killing and mutilating people who held views that opposed his and referred to political adversaries as “socialists,” “savages,” “maggots” and “cockroaches.”

When federal agents searched Mr. Caldwell’s house in Virginia last month, they discovered a document titled “Death List” that contained the name of an unidentified election official from another state, prosecutors said. The agents also found a pistol that was “intentionally built to look like a cellphone,” prosecutors say.

In a search of Ms. Watkins’s home, court papers say, agents discovered numerous firearms, a paintball gun, pool cues cut down to “baton size,” plastic zip ties and a recipe for making “a destructive device.”

Prosecutors say Ms. Watkins may have had this arsenal because she believed the prospect of Joseph R. Biden Jr. becoming president was “an existential threat.”

“Biden may still be our president,” she wrote in a text message on Nov. 17. “If he is, our way of life as we know it is over. Our Republic would be over. Then it is our duty as Americans to fight, kill and die for our rights.”

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Pennsylvania man Michael John Lopatic assaulted police officer, stole another’s bodycam during Capitol riot, prosecutors say

Court records show that Lopatic, of Lancaster County, Pennsylvania, is charged with assaulting a police officer, civil disorder, entering restricted grounds, physical violence on restricted grounds, and disorderly conduct in a restrictive building.

The criminal complaint and FBI affidavit filed against Lopatic remain under seal, but a motion for pretrial detention is shedding light on the government’s case against him.

According to the motion, an officer with the Washington DC Metropolitan Police Department (MPD) was trying to rescue another officer from rioters outside the Capitol when Lopatic “emerged from the crowd, climbed over a handrail, and charged” at the officer.

In describing the assault, which was caught on police bodycam video, prosecutors say that Lopatic, “assaulted (the officer) by continuously punching him in the head,” and that, “at one point, the defendant grabbed (the officer) by the head and appeared to hit him with an uppercut.”

Prosecutors also said that after the alleged assault, Lopatic was seen stealing “the body worn camera of another MPD officer and later destroyed it.” In stealing the bodycam, prosecutors said that Lopatic had to break through a “human shield” of “protesters trying to protect (the officer) from the violent mob.”

Lopatic told FBI agents that he stole the bodycam and got rid of it while traveling back home from the riot, according to the motion.

In the months and weeks leading up to the riot, prosecutors also said that Lopatic posted, “threatening messages about elected leaders in Washington.” Lopatic allegedly posted a number of photos of the birds he shot while hunting, writing in the captions that he’d named them after Democratic politicians.

“I got a double today,” Lopatic allegedly wrote, according to a screenshot in the motion. “Two shots, two kills. Both head shots. I got a rooster and a hen. I named them Joe and Kamala.”

They also say he wrote on January 1, advocating for others to “ASSEMBLE ON THE CAPITAL JANUARY 6TH, 2021. UNITED WE STAND, GO FORTH AND WE FIGHT.”

CNN reached out to Lopatic’s lawyer who declined to comment on the charges. Court records show that a federal judge granted the prosecutor’s motion for the pretrial detention of Lopatic.

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Prosecutors push to rearrest Kyle Rittenhouse. Here’s how the case has unfolded since he posted bail

Wisconsin prosecutors Wednesday asked to issue an arrest warrant for Rittenhouse, stating he violated his bail agreement by not disclosing his address after his release. Rittenhouse’s legal team has countered with the need to keep his location secret due to claims of death threats against him.

Much attention has been directed at Rittenhouse’s case proceedings, particularly as a cause célèbre among right-wing circles. His supporters welcomed the news on November 20 that he left jail after an apparent fundraising effort met the $2 million required.

Now, where he awaits trial is in question.

Rittenhouse faces allegations in Kenosha, Wisconsin, relating to the shooting deaths of Anthony Huber and Joseph Rosenbaum and the wounding of Gaige Grosskreutz. Rittenhouse’s attorneys have maintained that he acted in self-defense.
Rittenhouse left the scene shortly after the August 25 shootings and returned home to Antioch, Illinois, where he was arrested the following day.
On October 30, he was extradited from Illinois to Wisconsin. The following week, his bond was set at $2 million due to the court considering him a “flight risk,” according to Kenosha County Commissioner Loren Keating.
Rittenhouse was released November 20 after the $2 million bail was posted by Lin Wood, chairman and CEO of #FightBack, according to the Kenosha County Sheriff’s Department.
Wood said in a tweet that Mike Lindell, CEO of My Pillow, Inc., and others helped raise the funds needed for Rittenhouse.

“God bless ALL who donated to help #FightBack raise required $2M cash bail. Special thanks to Actor Ricky Schroder @rickyshroder1 & Mike Lindell @realMikeLindell for putting us over the top. Kyle is SAFE. Thanks to ALL who helped this boy,” read the tweet.

On December 3, Rittenhouse attended a preliminary hearing remotely via video conference with Mark Richards, his attorney. Richards accused prosecutors during the hearing of presenting “a one-sided, stilted view” of events that night. The court determined that Rittenhouse would stand trial.

At a January 5 arraignment, Rittenhouse pleaded not guilty to two felony counts of homicide and a felony count of attempted homicide, among other charges. He attended virtually via Zoom.

State requests for further restrictions

Less than two hours after his arraignment, Rittenhouse, now 18, was seen at a local bar with his mother, an outing confirmed by surveillance video, according to prosecutors.

In a motion filed to modify the terms of Rittenhouse’s bond conditions, prosecutors said Rittenhouse was seen with other people flashing “the ‘OK’ sign, which has been co-opted as a sign of ‘white power’ by known white supremacist groups,” and was “directly served a beer by the bartender.”

In Wisconsin, it is legal for someone under 21 to possess and consume alcohol if a parent is present. Rittenhouse cannot legally consume alcohol in public in his home state, Illinois.

Prosecutors also requested that Rittenhouse be prohibited from “publicly displaying symbols and gestures that are associated with violent white supremacist groups and from associating with known members of those groups, particularly the Proud Boys.”

Attorney Richards stated in a filing that Rittenhouse had never been a member of the groups listed and did not object to the new conditions regarding alcohol, White supremacist hand signals and group affiliation.

The latest developments Wednesday have prosecutors petitioning for an arrest warrant for Rittenhouse, as stated in a court motion that he “violated the conditions of his bond by failing to update his address in writing with the Court within 48 hours of moving.” A bond increase of $200,000 is also being pursued.

Attorney John Pierce, who was part of Rittenhouse’s defense team until mid-January, signed an affidavit filed Wednesday saying due to numerous death threats, “arrangements were made for the Rittenhouse family to reside at a ‘Safe House’ in an unidentified location” once bail was posted.

Rittenhouse is due back in court on March 10, with jury selection set to begin March 29.

CNN’s Omar Jimenez, Joe Sutton, Brad Parks, Artemis Moshtaghian, Kay Jones and Ray Sanchez contributed to this report.

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Prosecutors seek new arrest warrant for Kyle Rittenhouse, $200,000 increase to his bail

Wisconsin prosecutors are seeking an arrest warrant for Kyle Rittenhouse, the Illinois teenager accused of fatally shooting two demonstrators at a protest sparked by the police shooting of Jacob Blake in Kenosha last August, after he reportedly failed to notify court officials of a move.

According to the Associated Press, Kenosha County prosecutors claimed a motion on Wednesday that the teen, who was released from jail on bond back in November, had moved to a new address without notifying court officials within 48 hours.

Prosecutors also reportedly asked to increase his bail by $200,000.

Rittenhouse was charged with first-degree intentional homicide and attempted intentional homicide after he allegedly fatally shot two protesters and injured another last year. His bail was set at $2 million.

The bond had been paid through an account organized by his legal team.

In the motion on Wednesday, prosecutors advocating for the bond increase said Rittenhouse “posted no money so he has no financial stake in the bond.”

“He is already facing the most serious possible criminal charges and life in prison, so in comparison, potential future criminal penalties are insignificant,” they added.

In January, Rittenhouse, who was 17 at the time of the protest in Kenosha last year and is now 18, pleaded not guilty to the charges after previously arguing he had acted in self-defense during the protest.

Prosecutors said the teen had journeyed from Antioch, Ill., to Kenosha amid the widespread protests against police brutality prompted by the Blake shooting to defend local businesses.

According to AP, prosecutors said on Wednesday that they didn’t discover Rittenhouse had changed his address until after court officials received a returned notice in the mail that had been sent to the teen in January.

The agency reported that prosecutors learned earlier this week that the address had a new occupant who had moved in back in December.

However, Mark Richards, an attorney for Rittenhouse, pushed back on those claims in a motion filed  later on Wednesday, according to the AP.

In the motion, Richards reportedly alleged that the teen had left his previous address after receiving multiple death threats. He also reportedly claimed he offered to tell prosecutors Rittenhouse’s new address months ago, as long as they agreed to keep the address under wraps.

However, he claimed the prosecutors refused to do so. He also claimed Rittenhouse’s attorneys were told by police not hand over Rittenhouse’s address to prosecutors.

The news comes after the teen was reportedly spotted drinking with members of the Proud Boys at a bar last month.



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