Jumat, 31 Mei 2024

Idaho jury begins deliberations in sentencing of Chad Daybell, who faces possible death penalty - CNN

CNN  — 

A day after delivering a guilty verdict in Chad Daybell’s murder trial, an Idaho jury on Friday began deliberating whether he will face the death penalty for killing his first wife and two of his second wife’s children.

Daybell was convicted Thursday of first-degree murder and conspiracy charges in the deaths of his first wife, Tammy Daybell, and two of his second wife’s children – 16-year-old Tylee Ryan and 7-year-old Joshua “JJ” Vallow – in a case prosecutors claim was fueled by power, sex, money and apocalyptic spiritual beliefs.

The sentencing phase of Daybell’s trial began shortly after the guilty verdict was delivered, with state Judge Steven Boyce giving jurors preliminary instructions. Jurors began deliberating his fate Friday afternoon after hearing victim impact statements and contrasting portraits of the man from lawyers.

In his opening statement to the jury on Friday, prosecutor Rob Wood asked them to consider aggravating factors that would make Daybell eligible for the death penalty.

First, the three murders, he said, were committed for remuneration. Daybell was also convicted of insurance fraud stemming from life insurance policies that allegedly paid him money after his first wife’s death. His second wife, as well as Daybell, also were convicted of grand theft because she continued to draw Social Security benefits for her children after their deaths.

Additionally, Wood told the jury, the murders of the three victims were “especially heinous, atrocious or cruel, manifesting exceptional depravity.”

“This defendant exhibited utter disregard for human life,” Wood added. “The defendant, by his conduct, whether such conduct was before, during or after the commission of the murders at hand, has exhibited a propensity to commit murder, which will probably constitute a continuing threat to society.”

The prosecutor concluded, “It is your decision whether one or more of these aggravators has been proven. And if it has been, you must decide if, under these circumstances, imposition of the death penalty would be just or unjust.”

The verdict came about a year after Daybell’s second wife, Lori Vallow Daybell, was also convicted of the murder of her children and sentenced to life in prison without the possibility of parole. She was also convicted of conspiring to kill Tammy Daybell. Vallow Daybell has appealed her convictions to the state Supreme Court, with her legal team raising the issue of whether she was mentally competent to stand trial.

Authorities have said they believe Tylee and JJ were killed in September 2019 – the month they were last reported to have been seen – and that Tammy Daybell was found dead in her Idaho home on October 19, 2019, a few weeks before Chad Daybell married Vallow Daybell.

Addressing the jury Friday, defense lawyer John Prior portrayed Daybell as a once “quiet, reserved, shy young man” who grew up in Springville, Utah, a small, tight knit “town of faith.” Daybell, his lawyer said, met his first wife, Tammy, and they were married for 29 years, raising five “wonderful” children “very deep in their faith, very deep in their commitment to family.”

But Daybell’s life changed in late 2018, Prior said, when he met Vallow Daybell, who had already been married multiple times.

“Everything that glitters is not gold,” he told jurors. “Lori Vallow glittered. She was not gold. She was the trajectory that changed the plan… Chaos hits and all of these things start cascading and this thing becomes very complicated and difficult.”

Prior said the new relationship with Vallow was like “this bomb dropped” on the life of “the small town boy from Springville.”

“We have to look back at that,” he said. “You examine what Chad Daybell’s past was prior to the bomb being dropped, the Lori Vallow bomb being dropped… If it wasn’t for that trajectory coming in and changing the path, is this where we would be going? It’s not where we’d be going.”

‘There’s a hole in my heart’

Jurors also heard from relatives of the victims on Friday.

“It makes me angry and it destroys me to know Tammy was treated how she was,” Tammy Daybell’s father, Ron Douglas, told jurors. “I find it comforting to know that Tammy is resting peacefully in Utah, buried alone and near her beloved mother.”

Kay Woodcock spoke about her grandson JJ and her step niece Tylee.

“I sit here today and try and explain the immense pain that me and everyone in my family continues to endure daily,” she said. “But how do I do that?”

“I can tell you there have been too many situations in the past few years where we were slammed with the fact that JJ won’t hit another milestone,” she said of her grandson. “The constant question remains: Who would he have become? What kind of man would he have been?”

Woodcock remembered Tylee as “the most precious, blond haired, blue eyed little girl” and an “absolute mama’s girl.”

Woodcock added, breaking into tears: “There’s a hole in my heart, in the hearts of every member of my family, that can never be filled and will remain for the rest of my life.”

Daybell declined to address the court after the victim impact statements.

Law enforcement found the remains of Tylee and JJ on Chad Daybell’s Fremont County property in June 2020, authorities said.

“It’s a sad day. JJ would have been 12 years old,” JJ’s grandfather, Larry Woodcock, said after the verdict Thursday.

Woodcock remembered the victims, and asked the same question, over and over.

“What did they accomplish? Nothing. What did they do? They destroyed families,” Woodcock said of Daybell and Lori Vallow Daybell.

But the defendants, Larry Woodcock said, could not destroy the memories relatives have of the victims. “They can’t take that,” he added, growing emotional at one point. When he heard the jury verdict in court, he said, he felt like he couldn’t breathe.

Larry Woodcock, JJ Vallow's grandfather, gets a hug after the verdict in the Chad Daybell murder trial was read at the Ada County Courthouse in Boise, Idaho, on Thursday.

‘Sex, money and power’ were key focuses in the trial

During opening statements, the prosecutor and defense attorney painted contrasting portraits of the defendant.

The state described him as a power-hungry and grandiose man who would stop at nothing for “what he considered his rightful destiny.” His defense lawyer portrayed Daybell as a religious man driven into an unfortunate relationship by a “beautiful, vivacious woman” who knew “how to get what she wants.”

“Two dead children buried in the defendant Chad Daybell’s backyard,” Wood said in his first words to the jury at the start of trial.

“The next month his wife is found dead in their marital bed. Seventeen days after the death of his wife, Tammy Daybell, this defendant is photographed laughing and dancing on a beach in Hawaii at his wedding to Lori Vallow, a woman who was his mistress and the mother of the children buried in the graves on his property. Three dead bodies.”

When Daybell “had a chance at what he considered his rightful destiny,” Wood said, he “made sure that no person and no law would stand in his way.”

“His desire for sex, money and power led him to pursue those ambitions,” the prosecutor added. “And this pursuit led to the deaths of his wife and Lori’s two innocent children.”

Tammy Daybell was initially believed to have died in her sleep, and Chad Daybell remarried less than three weeks after her death in 2019.

Prior said Daybell’s life began to change after he met Vallow Daybell, a “beautifully stunning woman” who “starts giving him a lot of attention” and eventually lured him into an “inappropriate” and “unfortunate” extramarital relationship.

Vallow Daybell’s two children from a previous marriage were last seen on different days in September 2019. Tylee Ryan was a “normal, vibrant teenage girl” who loved her friends and her little brother, JJ, was on the autism spectrum and required special care, according to Wood.

In late November 2019, relatives asked police in Rexburg, Idaho, to do a welfare check on JJ because they hadn’t talked to him recently. Police didn’t find him at the family’s house but did see Vallow Daybell and Daybell, who said JJ was staying with a family friend in Arizona, according to authorities.

When police returned with a search warrant the next day, the couple was gone. They were ultimately found in Hawaii in January 2020.

In June 2020, law enforcement officials found the remains of Tylee and JJ on Daybell’s property in Fremont County, Idaho. Vallow Daybell and Daybell were indicted on murder charges in May 2021.

Tylee was believed to have been killed between September 8 and 9, 2019, and JJ between September 22 and 23, according to prosecutors.

“We are filled with unfathomable sadness that these two bright stars were stolen from us, and only hope that they died without pain or suffering,” the families of the children said in a statement after the remains were found.

CNN’s Dalia Faheid contributed to this report.

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Trump’s historic conviction isn’t doing much to shift these voters’ 2024 picks - CNN

CNN  — 

Some things take time to sink in. But don’t expect committed Donald Trump voters to suddenly waver because their candidate is now a convicted felon.

“Just an abuse of the justice system,” Billy Pierce, a semi-retired consultant and Trump backer in Hartsville, South Carolina, said shortly after the former president was found guilty on all 34 counts of falsifying business records in his Manhattan hush money trial. “Biden and Democrats can’t win the 2024 election in the polls, so they use prosecution of Trump to try to keep him out of office. This verdict will not hold up through appeals,” he added, repeating Trump’s false claims about President Joe Biden being behind the New York prosecution.

Andrew Konchek, a commercial fisherman and Trump supporter in New Hampshire, responded to the verdict with sarcastic references to former President Bill Clinton’s personal scandals. “There’s no direct evidence and from who, Cohen? Who’s a habitual liar and has been disbarred? I smell some bullshit,” he added referring to the prosecution’s star witness, former Trump fixer Michael Cohen.

Another Trump backer in New Hampshire, Debbie Katsanos, texted during the jury deliberations. “I see no crime,” she said. “Certainly at a felony level. I am sorry to say I can’t trust the justice system when it’s being used in a political way.  … Yes, no one is above the law, when a law is broken they should be held accountable. I’m just not seeing it in this case.”

Iowa Trump supporter Chris Mudd, who owns a solar energy business, said his backing of the former president is solid.

“I do think the verdict is bad for America,” Mudd said in a text. “Can’t believe this is happening in this country.”

Betsy Sarcone was a Nikki Haley voter in the Iowa caucuses and late last year said she would vote Biden if it ended up a Biden-Trump rematch. But she has shifted dramatically since the caucuses.

“I’ve been following this sideshow semi closely,” she said after the jury verdict that gave Trump a place in history as the first former president or presumptive party nominee convicted of a felony. “This does not impact my plans to vote Republican. I don’t even like Donald Trump and this was a witch hunt, made up crimes on the part of the judge and DA. It will never stand on appeal. … I actually don’t think it will hurt him. People are so sick of the sideshows to distract/avoid/gaslight people away from the real problems in this country. To be clear, I’m still not a Trump fan, but it’s pretty clear these cases are being motivated politically.”

Pierce, Konchek, Sarcone and Katsanos are all participating in a CNN project to follow the 2024 election through the eyes and experiences of voters who live in key battlegrounds or are part of key voting blocs. We will check back as news of the historic 34 count conviction sinks in, and as the former president prepares to be sentenced in July – days before he is to be officially nominated for president at the Republican National Convention.

But our conversations before and during the trial were eye opening: the overwhelming majority of the Trump supporters in our voter groups viewed the cases against the former president — especially the Manhattan one — as politically motivated. (The former president pleaded not guilty in this and three other looming criminal cases.) Even many Republicans who are not Trump fans share the view that he is being unfairly targeted. Biden supporters, on the other hand, saw the verdicts as Trump finally being held accountable for what they see as a lifetime of cheating and lying.

Matt Vrahiotes, a Christian conservative who runs a fruit winery in Hall County, Georgia, was troubled by the charges in the Manhattan case: falsifying business records to hide hush money payments to an adult film star, allegedly to help the 2016 Trump campaign.

“I mean it sounds crazy, its sounds like an irresponsible person, an irresponsible thing to do,” Vrahiotes said in April. “But there’s a lot of things going on with both candidates, and a lot of things that are morally in question for both of them, so, it’s really hard for me to say, oh don’t like one candidate because of what’s going on, versus promoting another. You know, you got to let the trial go through, you’ve got to let the judge decide what’s right and what’s wrong, and I’ll go from there.”

Jan Gardner, a Trump backer who lives in Dunwoody, an Atlanta suburb, said before the verdict that he has lost faith in the justice system.

“Do we feel that some of the things that go on, that there’s a double standard?” Gardner asked, mentioning Hillary Clinton, who, in his view, was treated differently than Trump. ” I have questions about the … how much in honesty and how much power can buy you things.”

Republican and likely Trump voter Devin McIver said he did not closely follow the trial but would not be putting “time or energy” into thinking about Trump being found guilty, writing in a text that he believes he was “better off when Trump was president.”

Uneasy about Trump, but not sold on the Manhattan case

We hear the unfairness argument a lot in our travels, even from Republicans who are Trump critics.

Linda Rooney is a Haley supporter from Media, Pennsylvania, wrestling with whether to cast a reluctant Trump vote or write in the former South Carolina governor or someone else.

Rooney has “mixed feelings” about Trump being convicted, telling us she didn’t think the case had “merit” but saying she’d “love to see him behind bars but for one of the many other things he’s done. Like the White House records case or January 6.”

She said she hoped that with the conviction, Trump would “bow out of the race on his own now and let someone more suitable run — like Nikki Haley.” But she acquiesced, “I don’t think it’s in Donald Trump to bow out.”

Similarly, fellow Pennsylvania voter Irma Fralic, who voted for Haley in the primary, sees politics behind the Manhattan case.

“The current trial in New York, it’s totally political,” Fralic told us last week at her Montgomery County home. “I looked briefly at some of those things, and it just doesn’t hold water.”

Former Trump voter Joan London had a mixed take on the convictions.

She was a Republican for more than 40 years, switching her registration to independent after casting a vote for Haley in the April Pennsylvania primary. She left the GOP because of Trump.

London, an attorney, said she expected a “more mixed verdict” because “President Trump didn’t sign all of the checks that were at issue, and Michael Cohen’s past history of lying and stealing.”

Still, London said, “This verdict has no impact on my voting plans. Still no plans to vote for either Trump or Biden.”

Celebration and some caution among Biden voters

Darrell Ann Murphy offered a reaction typical of the Biden supporters in our voter groups.

“Wow! A great day,” said Murphy, who lives in Northampton County, Pennsylvania. “Finally he’s found guilty!! Friends texting me like crazy all happy. Lots of Biden voters I talk to.”

Pat Levin, another Biden voter in Northampton County, said of the verdict: “It supports and reinforces I believe in the rule of Law. It supports my attitude towards the limits of executive power. It reinforces my belief in the tenets of democracy. They have a strong judicial system. I am enormously grateful to this jury and its seriousness of purpose.”

David Moore is a registered Republican in Nogales, Arizona, but plans to vote for Biden because he cannot support Trump.

He responded to the verdict with a question: “Can he still run if he’s in appeals?”

Yes, the conviction does not preclude Trump from running.

“I’m not counting chickens,” Moore said. “A lot of folks around me seem very happy about it. I’m curious to see how this all goes.”

Recent University of Michigan graduate Jade Gray was a co-president of the College Democrats on campus. “From the minute he was elected it was historical for all of the wrong reasons,” she said of Trump. “Being the first president who is a convicted solidifies that legacy. This is what accountability looks like. I know it’s said a lot, but no one is above the law and Trump has repeatedly shown himself to be a crooked, untrustworthy person.”

Nanette Mees, a Republican but Trump critic who lives in suburban Loudon County, Virginia, offered this: “Personally I am thrilled he was found guilty and pray that there are no big riots because of his followers.”

And Joanna Brooks, a Black voter who runs a yoga studio in suburban Milwaukee, described herself as “shocked but happy. … It’s bizarre to me that this wouldn’t necessarily impact his run for presidency. He will appeal and play victim and his supporters will probably love him all the more.”

Deep divide among voters

The sharp divide was again evident as more reactions from voters flowed in Friday morning.

Trump supporter Rachel Kulak, a Christian conservative who lives in the Richmond, Virginia, suburbs called the verdict “deranged” and part of a justice system she views as warped by Democrats.

“Biden cannot win in ‘24 so we have weaponization, lawfare against Trump,” Kulak said, comparing the case to political prosecutions in Russia and Venezuela. “To not be able to trust the legal system according to our own laws, to know that it is not blind but being used to further the agenda of ruining our country, we are in a dangerous place. I do not recognize America for America anymore.”

Attorney Priscilla Forsyth of Sioux City, Iowa, was a Haley supporter in the Iowa caucuses but said Trump has her “complete support” now.

“I am very sad about what this has done to our criminal justice system and very angry that the system I have given 38 years of my life to was perverted into an attempt to destroy a political opponent,” Forsyth said. “I feel it was a travesty of justice and it makes me sick to my stomach.”

“Never Trump” Republicans and Democrats, however, voiced gratitude at the convictions.

Angela Lang, a community organizer in Milwaukee, said the convictions might help her canvassers when they encounter voters who are considering voting for Trump.

“These are more facts to talk about when we talk to voters,” Lang said. “One of our ambassadors mentioned that we have to make sure people know about this and what this actually means. It’s not just ‘he slept with a porn star,’ it’s deeper and how it tried to impact the 2016 election.”

Zoila Sanchez, a Las Vegas real estate agent who describes herself as a Reagan Republican, said she followed the trial closely.

“Although I believed he was guilty, I thought he might be acquitted due to his remarkable luck,” Sanchez said. “I am pleased that our legal system has once again prevailed.”

This story has been updated with additional reaction.

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Kamis, 30 Mei 2024

Chief Justice Roberts declines to meet with Democrats on ethics concerns amid Alito flag flap - NBC News

WASHINGTON — Chief Justice John Roberts declined Thursday to meet with Democratic senators to discuss Supreme Court ethics issues in the wake of reports that controversial flags were flown at Justice Samuel Alito's houses.

In a letter to Senate Majority Whip Dick Durbin, D-Ill., and Sen. Sheldon Whitehouse, D-R.I., Roberts said he "must respectfully decline your request for a meeting," citing concerns about maintaining judicial independence.

Roberts’ refusal was not a surprise, as last year he declined to attend a hearing about the ethics issue for similar reasons.

He said in the latest letter that meeting with representatives of one party "who have expressed an interest in matters pending before the court" is another reason that "such a meeting would be inadvisable."

Durbin, who chairs the Judiciary Committee, disagreed with Roberts' conclusions and will continue to push for legislation to set up a more rigorous ethics code for the court than the one the justices adopted last year, his office said in a statement Thursday.

"Chair Durbin’s only interest — as it has been since he first raised this issue with the Chief Justice 12 years ago — is restoring the credibility of the Court in the eyes of the American people," the statement said.

Whitehouse, a member of the Judiciary Committee, said in a series of posts on X that it was "frustrating" that Roberts failed to address that the meeting was sought in the chief justice's role as chair of the U.S. Judicial Conference, the administrative and policy-making body of the judiciary, not in his capacity as a member of the court.

"All this means is that the work must continue until we have a Supreme Court that applies to itself basic tenets of rule of law: honest fact-finding and neutral decision-making," Whitehouse added.

Last week, the two senators asked Roberts to address what they called “the Supreme Court’s ethics crisis” after The New York Times reported that flags flown at the Capitol by some supporters of Donald Trump on Jan. 6, 2021, were also displayed at Alito’s homes.

In their letter they asked to meet with Roberts “as soon as possible” and renewed their “call for the Supreme Court to adopt an enforceable code of conduct for justices.”

That was before Alito himself sent letters to Capitol Hill this week declining to step aside from cases involving Trump or Jan. 6.

Alito said the high standard for recusal had not been met, saying that his wife flew the flags and that he had no involvement in the decisions.

As first reported by the Times, an upside-down U.S. flag was spotted at the Alito home in Virginia, while a flag associated with conservative Christians was seen at the family vacation home in New Jersey.

Alito said in his letters to lawmakers that “a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases” would conclude that no recusal was required.

The court adopted a new ethics code in November, which has itself attracted criticism in large part because justices themselves get the final word on how to apply it.

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Chad Daybell found guilty of murder in deaths of two kids and ex-wife - NBC News

An Idaho doomsday author who prosecutors say became obsessed with apocalyptic beliefs and labeled people as “zombies” and “dark spirits” was found guilty Thursday in the deaths of his first wife and his current wife’s two youngest children. 

The verdict concludes Chad Daybell’s nearly two-month trial in the deaths of his first wife, Tammy Daybell, and Joshua "JJ" Vallow, 7, and Tylee Ryan, 16.

Daybell, wearing a blue-collared shirt and yellow tie, stood stoically as the jury found him guilty of all counts against him including insurance fraud.

The children's remains were found in June 2020 on Daybell's property in Fremont County, Idaho. Police said they believed Daybell hid the remains between September 2019 and June 2020.

Joshua Vallow and Tylee Ryan.
Joshua Vallow and Tylee Ryan.Fremont County Sheriff's Office

Tammy Daybell died in 2019, weeks before Chad Daybell and Lori Vallow married. Her death was initially considered to be natural causes, but her remains were later exhumed. Following an autopsy, her death was determined to be a homicide by asphyxiation.

Daybell, along with Vallow, were indicted in 2021 on charges of first-degree murder, conspiracy to commit first-degree murder and grand theft by deception in the children's deaths.

They were also charged with insurance fraud and conspiracy to commit first-degree murder in connection with Tammy's death. In addition, Chad Daybell was charged with first-degree murder in her death.

Vallow was convicted in May and received multiple life sentences in prison without the possibility of parole.

Zombies, dark spirits and mysterious deaths

The case began in 2019 after several concerned family members told Rexburg police that they had not seen or talked to Joshua and Tylee. Police formally started looking for the children that November.

Authorities had accused Daybell and Vallow of failing to cooperate with the investigation into the children's disappearance and lying to police about their whereabouts. They had initially told officers that Joshua, who was adopted and had special needs, was in Arizona with a family friend, but police determined it was a lie.

The couple abruptly left Rexburg and went to Hawaii. In February 2020, Vallow was taken into custody by police in Hawaii after she failed to produce the children to authorities in Idaho.

As the investigation into the children’s whereabouts continued, police uncovered a trail of mysterious deaths connected to the couple.

Vallow's fourth husband, Charles Vallow, was fatally shot in July 2019 by her brother, Alex Cox. Five months later, Cox died from a pulmonary embolism, a condition that causes one or more arteries to become blocked by a blood clot. (Lori Vallow and her brother had initially said that Charles Vallow was shot in self-defense. Lori Vallow was later charged in Arizona, where she and Charles lived, with conspiracy to commit murder in the first degree. Cox was never charged.)

In October 2019, Daybell's first wife, Tammy Daybell, was found dead of what was believed to be natural causes at the time.

Chad Daybell and Vallow married two weeks after Tammy’s funeral, NBC affiliate KSL of Salt Lake City reported. In December 2019, investigators exhumed Tammy's body and conducted an autopsy that ruled her death a homicide.

In opening statements in Chad Daybell's murder trial, prosecutors said that Lori Vallow and Daybell, a self-published author of more than two dozen books about doomsday and near-death events, had become obsessed with apocalyptic beliefs and labeled people who stood in the way of their dreams as "zombies" and "dark spirits."

"You’ll hear in the world Chad and Lori planned for themselves, they identified those who stood in the way of their dream as dark," Madison County Prosecutor Rob Wood said.

"Their spouses, Lori’s own children and anyone who opposed them were labeled sometimes as dark spirits or even zombies," he added.

Vallow’s niece, Melani Pawlowski, testified that the couple believed people could be possessed by evil spirits and that "zombies" would eventually be overcome by a dark spirit and die.

Prosecuting Attorney Lindsey Blake reiterated Wood's remarks, insinuating in closing arguments Wednesday that Daybell was the mastermind behind the couple’s scheme and decided who was “dark.” 

“Chad has the answers, Chad has the knowledge, Chad has that special ability,” she said.  

Once he deemed a person dark, they had to be killed, she said. 

Children's remains found in pet cemetery and fire pit

Rexburg Police Detective Ray Hermosillo testified at Daybell's trial about the moment officers found the children's remains.

Court documents revealed that Joshua had been buried in a pet cemetery on the property and Tylee had been dismembered and burned in a fire pit. 

"There were taller shrubs. In the middle of the 6-by-6 section, it looked like there was just a little bit of grass," Hermosillo said about law enforcement discovering Joshua's remains under a tree.

"The ERT team began excavating that site. They removed the top layer of soil. ... At that point, you could see what appeared to be three large white rocks," he told the jury. "As soon as they did that you could start to smell the odor, through my training experiences a decomposing body."

The detective said officials found a "small body wrapped in black plastic with duct tape around it."

Hermosillo told the court that Daybell tried to flee "as soon as that was discovered."

Dr. Garth Warren with the Ada County Coroner’s Office testified that "Tylee was received in multiple" body bags.

One body bag had smaller bags inside that contained "multiple collections of soft tissue, bone and debris including dirt and rock," he said. The second body bag contained pieces of a "melted green bucket" and a "collection of human remains" and organs including the heart and lungs, he told jurors.

"This isn't what heart and lungs typically look like," he said as jurors were shown photos. "They're obviously charred, portions of them are burned away and significantly shrunken as well."

In the third bag was a portion of a "blackened and charred" skull, Warren said, as well as a portion of a jaw with "partially charred" teeth. The remains were identified as Tylee's through dental X-rays, he said.

Daybell's children come to his defense

Daybell's son and daughter testified in his defense, telling the court that he "valued" their mother, Tammy Daybell, and was distraught over her death.

"He was more distressed than I ever seen him in my entire life," his daughter, Emma Murray, told the court. "I was used to my parents being in control and in charge and seeing him so distressed and emotionally out of control was very scary to me. I didn't doubt his grief at all."

Murray said her mother had some health issues and would bruise easily. Before her death, her mother had been working on becoming more physically fit, Murray said.

At the trial, Murray was questioned about Joshua and Tylee. She told the court that when she asked her father where the children were, he told her that they were in a “safe place.”

Garth Daybell said his mother would "collapse" after coming home from work, had a hard time moving heavy items and had "fainting spells." On the day of her death, he said he did not hear any sounds of a struggle or fight.

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Trump trial jury continues deliberations in "hush money" case - CBS News

Update: The jury has reached a verdict and it will be announced in court shortly. Follow the latest updates here. Our earlier story is below.


The jury in former President Donald Trump's criminal trial in New York is continuing its deliberations over a verdict on Thursday after reviewing portions of testimony and the judge's instructions about various legal issues in the case.

The 12 Manhattan residents who sit on the jury asked to rehear testimony from two witnesses in the case, David Pecker and Michael Cohen, about key interactions both men said they had with Trump in 2015 and 2016. The jurors also asked the judge to repeat some of the directions guiding their deliberations. 

The testimony and instructions were read in court in the morning, a process that took roughly an hour and a half. Jurors then exited the courtroom to resume their discussions behind closed doors.

Trump is charged with 34 counts of falsifying business records stemming from reimbursements for a "hush money" payment Cohen made to adult film star Stormy Daniels before the 2016 election. Prosecutors say Trump tried to cover up the payment by disguising the purpose of the reimbursements.

The testimony that the jurors asked to review dealt with several interactions involving Cohen, Trump and Pecker, who was the CEO of American Media Inc., the parent company of the National Enquirer. Prosecutors say the three engaged in a "catch and kill" scheme to bury negative stories about Trump to help his campaign.

The jury asked to hear portions of the testimony dealing with a phone call Pecker had with Trump in 2015; Pecker's decision to decline to transfer to Cohen the life rights of a former Playboy model who said she had sex with Trump; and a meeting at Trump Tower in 2015. They also requested Cohen's testimony about the Trump Tower meeting.

Jury hears judge's instructions, witness testimony

Former President Donald Trump appears in court for his "hush money" trial at Manhattan Criminal Court on May 30, 2024, in New York City.
Former President Donald Trump appears in court for his "hush money" trial at Manhattan Criminal Court on May 30, 2024, in New York City. Steven Hirsch / Getty Images

Several jurors took notes as the judge read a section from his instructions about making inferences from proven facts. He used an example of someone waking up and seeing that everything outside is wet, and concluding that it rained overnight.

"The fact of it having rained while you were asleep is an inference that might be drawn from the proven facts of the presence of the water on the street and sidewalk, and people in raincoats and carrying umbrellas," the relevant portion of the instructions said. "An inference must only be drawn from a proven fact or facts, and then, only if the inference flows naturally, reasonably and logically from the proven fact or facts, not if it is speculative. Therefore, in deciding whether to draw than inference, you must look at and consider all the facts in light of reason, common sense, and experience."

Another section of the instructions dealt with how jurors can assess testimony of an accomplice, which Cohen is in this case. More than half of the jurors took notes as Merchan reiterated that the jury cannot convict based on an accomplice's testimony alone — it must be backed up by corroborating evidence.

The judge also explained how a person can be responsible for a crime without being the one who actually physically committed it. The relevant line from the instructions said:

In order for the Defendant to be held criminally liable for the conduct of another which constitutes an offense, you must find beyond a reasonable doubt: First, that he solicited, requested, commanded, importuned, or intentionally aided that person to engage in that conduct.

After Merchan finished, a pair of court reporters began reciting Pecker's testimony, starting with his discussion of a phone call he said he received from Trump in June 2016. At the time, the Enquirer was weighing a deal with Karen McDougal, the former Playboy model. 

"[Trump] said, 'What should I do?'" Pecker said on the stand in April. "I said, 'I think you should buy the story and take it off the market.'"

The court reporters then moved on to Pecker's testimony about his decision not to transfer McDougal's life rights to Cohen in September 2016. Pecker said AMI's general counsel advised him not to move forward with the deal, and testified that Cohen was "very angry, very upset" when he told him.

The jury also heard Pecker and Cohen's testimony about the meeting at Trump Tower in 2015, when the "catch and kill" scheme was hatched. Pecker said he agreed to be Trump's "eyes and ears," on the lookout for stories that might harm Trump's electoral prospects.

Once the testimony was read, the jurors returned to the deliberation room to continue hashing out the case. The courtroom closed for about an hour around lunchtime, with no word from the jurors.

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Rabu, 29 Mei 2024

Judge largely denies Scott Peterson DNA testing request in bid to prove innocence - ABC News

A California judge largely denied a motion by Scott Peterson's defense team for new or additional DNA testing in his case, as the Los Angeles Innocence Project seeks evidence proving he didn't murder of his wife and unborn child.

The LA Innocence Project, which took up Scott Peterson's case last year, had requested 14 items be tested or retested for DNA. On Wednesday, a judge in San Mateo County denied the request for all but one item -- the duct tape recovered from the pants of his wife, Laci Peterson, at the time of her autopsy.

An excised portion of that tape was DNA tested in 2003 and shown to have human DNA present but the "DNA was not of an acceptable quality to generate a profile" at that time, the motion stated.

Laci Peterson, who was 27 years old and eight months pregnant, disappeared on Christmas Eve in 2002. Her body was found in the San Francisco Bay in April 2003.

Scott Peterson, 51, was arrested and charged with first-degree murder in the death of his wife and second-degree murder in the death of their unborn son. He was convicted in 2004 and sentenced to death in 2005. He was later sentenced to life in prison without parole.

PHOTO: In this July 9, 2003, file photo, Scott Peterson listens during a pretrial hearing in Stanislaus Superior Court, in Modesto, Calif.

In this July 9, 2003, file photo, Scott Peterson listens during a pretrial hearing in Stanislaus Superior Court, in Modesto, Calif.

Getty Images, FILE

During the hourslong motion hearing in San Mateo County on Wednesday, the Los Angeles Innocence Project argued there is no forensic evidence that supports Scott Peterson having killed his wife and their unborn child, while prosecutors stood by the original ruling.

"The defendant’s argument is that there’s a fundamental fairness request that requires this testing. The argument is flawed and legally incorrect," David Harris, the original trial prosecutor from Stanislaus County, told the court. "The defendant says that the prosecution should want to know, an attempt to shame us into agreeing to this test. The people know the truth -- we know that Scott Peterson is guilty of, and has been convicted of, the murder of his wife and unborn son."

Attorneys with the LA Innocence Project have claimed that Scott Peterson's state and federal constitutional rights were violated, including a "claim of actual innocence that is supported by newly discovered evidence," according to court documents filed in January.

His attorneys are also seeking dozens of items they say they could not locate after reviewing the trial files from his prior counsel "after a thorough search," according to court filings. The items include evidence from the investigations into a December 2002 burglary of a home across the street from the Petersons' house in Modesto in Stanislaus County, Laci Peterson's missing Croton watch, and a van fire in the Airport District on Dec. 25, 2002, according to the filings. They are also seeking documents from interviews with several witnesses.

The motion for post-trial discovery is scheduled to be discussed in court on July 15.

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Pandas to return to National Zoo in Washington DC - NBC Washington

Giant pandas are set to return to the National Zoo in Washington, D.C., by the end of the year, officials announced Wednesday.

China will send a pair of 2-year-old pandas, male Bao Li and female Qing Bao, under a 10-year breeding and research agreement, the zoo said in a press release, to the joy of panda fans throughout the D.C. area and the United States.

“This longstanding program, and this collaboration with our Chinese colleagues, is one of the reasons why giant pandas are no longer listed as endangered, but rather only vulnerable, on the global list of species at risk of extinction,” National Zoo director Brandie Smith said.

Bao Li (BOW-lee), whose name means "treasure" and "energetic" in Mandarin Chinese, is related to the National Zoo’s former resident panda family: He is the son of Bao Bao, who was born in D.C. in 2013. That makes Bao Li the grandchild of Mei Xiang and Tian Tian, who lived at the National Zoo for about 23 years before returning to China last fall.

Bao Li was born Aug. 4, 2021, and lives at the Shenshuping Base in Wolong.

Two-year-old male giant panda Bao Li in his habitat at Shenshuping Base in Wolong, China, May 16.

“The pandas' arrival is not just an exciting event, but it’s proof positive of the success of our giant panda program,” Smith said.

“Bao Li is just as handsome as his uncles, Tai Shan and Xiao Qi Ji,” Chinese ambassador Xie Feng said at a press conference Wednesday. “I believe he is also excited for the upcoming trip from his hometown in Sichuan to D.C. to see the place where his family lived and get to know the friends here.”

As for Qing Bao (ching-BOW): “She is a star,” Feng said. Qing Bao was the ambassador of the ninth World Wildlife Day when she was a year old. Her name means "green" and "treasure." She was born Sept. 12, 2021, and lives at the Dujiangyan Base in Sichuan.

Two-year-old female giant panda Qing Bao in her habitat at Dujiangyan Base in Sichuan, China May 17.

The announcement comes six months after the National Zoo’s three iconic pandas left the zoo with an emotional goodbye as the conservation agreement expired.

FedEx is set to fly the new pair to the United States via its “Panda Express service.” The animals will be quarantined for at least 30 days, and then allowed to settle in for a few weeks before the panda exhibit opens to the public.

“The public debut date will be announced as soon as the animal care team feels the bears are ready to meet visitors,” the zoo said.

Under the new agreement, the National Zoo will pay $1 million per year to the China Wildlife Conservation Association to “support research and conservation efforts in China,” according to the zoo. That money does not come from federal funding, according to the zoo.

The National Zoo says it is looking to raise $25 million to pay for renovations to the panda exhibit; maintain and upgrade the Giant Panda Cam; pay for costs of operating the panda exhibit and support conservation efforts.

Chinese ambassador Xie Feng revealed new details about the giant pandas coming to D.C.'s National Zoo.

China will retain ownership of the bears, and any cubs must be returned to China by age 4.

The Chinese ambassador says he hopes the agreement will bring joy to a new generation of families.

“Over the past five decades, pandas have held a special place in the childhood memories of numerous Americans. Today, many of those happy kids have become grandpas and grandmas, dads and moms themselves. They look forward to taking their kids to the zoo to tell their stories with pandas and start new ones for their little boys and girls,” Feng said.

Giant pandas were a staple at D.C.’s National Zoo for over 50 years

The National Zoo’s longstanding resident pandas, Tian Tian and Mei Xiang, departed D.C. last fall, along with their youngest offspring, Xiao Qi Ji, who was born at the zoo in 2020. The three went to new homes in the China Wildlife Conservation Association, leaving the National Zoo's giant panda habitat vacant for the first time in decades.

Pandas first arrived at the National Zoo in the 1970s and evolved into D.C.'s unofficial mascots. The black-and-white bears appeared on Metro farecards, street signs and statues around the District.

The panda conservation program flourished after Tian Tian and Mei Xiang arrived in D.C. in 2000. Mei Xiang gave birth to four surviving cubs. Tai Shan was born in 2005, but his birth was followed by a long dry spell before a crushing blow: A cub born in 2012 lived for just a week.

The following August, we got both hope and sadness: A squirming newborn arrived, along with a stillborn twin. But as D.C. held its collective breath, the living cub thrived. Bao Bao squawked adorably during vet exams captured on video, tumbled (safely — whew!) down a pile of rocks, and even prolonged the excitement when the National Zoo's webcam went dark during a government shutdown. When the cams went live again, she had a new surprise: Her eyes had opened.

Jan. 6, 2014: Bao Bao at the Smithsonian's National Zoo, a few days before going on display to the general public. (Photo credit: Paul J. Richards/AFP via Getty Images)

Maybe it was just us, but Bao Bao always seemed to know when to drum up some attention. She was the source of some adorable headlines. (Case in point: Mei Xiang Cuddles Cub Rather Than Snacking.) There was a paternity drama — was her biological father the zoo's own Tian Tian, or another male panda whose sperm was also used in a fertility attempt? (Verdict: Tian Tian IS the father.) And just before Christmas 2014, Bao Bao spent 24 hours in a tree, diverting focus from holiday celebrations before she finally climbed down.

But after becoming a big sister, Bao Bao was ready to strike out on her own. She moved to China — taking a similar FedEx journey as the rest of her family members ultimately did — and became a mom herself.

Bao Bao's birth was followed by two surviving younger brothers: Bei Bei in 2017 (who was born with a twin who died days after birth) and Xiao Ji Qi, the first panda in the U.S. born after his mother was artificially inseminated with frozen, instead of fresh, semen.

The agreement to keep Tian Tian and Mei Xiang was extended several times. The panda program has always served as a gesture of friendship and a sort of soft diplomacy between China and the United States. The pullback of pandas from the National Zoo and other zoos in the United States sparked some concern. Currently, there are only four pandas in the country – all at Atlanta’s zoo.

But in February, news that China plans to send a new pair of giant pandas to the San Diego Zoo signaled the return of panda diplomacy.

Despite the links to U.S.-China diplomacy, the negotiations are researcher-to-researcher and not based in politics, Smith, the National Zoo's director, told News4 last summer.

"We're a bunch of scientists; we're a bunch of animal people," Smith said. "This is not a political conversation. This is absolutely a conversation between colleagues talking about, what's best for the overall program, and also, what can be best for individual animals?"

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DC zoo to receive a new pair of giant pandas from China - BBC.com

DC zoo to receive two new giant pandas from China

Two-year-old female giant panda Qing Bao
Two-year-old female giant panda Qing Bao is one of two pandas that will soon arrive in DC

A pair of giant pandas from China will soon be housed at the Smithsonian’s National Zoo in Washington DC, the zoo has announced.

Two-year-old male panda Bao Li and two-year-old female panda Qing Bao are set to arrive in the US capital later this year.

News of their coming arrival was announced with a video on Wednesday featuring First Lady Jill Biden, who called it a “historic moment”.

The move marks the latest chapter of China’s long history of panda diplomacy with the US, and comes despite tense relations between the two countries.

It also comes six months after a family of three pandas was returned to China from the National Zoo.

In their announcement, the zoo said one of the incoming bears - Bao Li - is a descendent of that family.

“This historic moment is proof positive that our collaboration with Chinese colleagues has made an irrefutable impact,” said zoo director Brandie Smith.

The arrival of the bears is a result of a new agreement signed with the China Wildlife Conservation Association (CWSA), the zoo said.

It involves the transfer of two giant pandas recommended for breeding to be under the care of the National Zoo for a decade.

Meanwhile, the National Zoo will pay a $1m (£790,000) annual fee to the CWSA to support their research and conservation efforts.

Both pandas and any of their offspring will remain under the ownership of China, and any cubs born will be moved back to China by the age of four.

Two-year-old male giant panda Bao Li in
Two-year-old male giant panda Bao Li

The National Zoo said it will make another announcement once the pandas are ready to be viewed by the public.

They are due to arrive in the city by the end of this year.

Pandas have been housed at the Washington DC zoo for over five decades and are a draw for millions of visitors as well as fans from around the world who watch the bears online on the zoo’s panda cam.

The animals have long symbolised warm relations with China, which first gifted a pair of giant pandas to the US after Richard Nixon’s historic 1972 trip to Beijing.

In 2023, China recalled four pandas from the US - including the three that were housed at the National Zoo - and two others from the Edinburgh Zoo, as relations between Beijing and the West became increasingly rocky.

In addition to the pair sent to the National Zoo, the San Diego Zoo announced earlier this year that it will also receive a panda pair.

Experts have said China’s renewed panda diplomacy might be a sign of Beijing exerting “soft power”, as the two countries work to rebuild their relationship despite differences on economic and political issues.

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Selasa, 28 Mei 2024

Second American avoids prison time in Turks and Caicos on weapons charge - NBC News

A Virginia man avoided a long prison sentence Tuesday when a judge in Turks and Caicos sentenced him to time served for illegally bringing bullets to the island getaway.

Tyler Wenrich, 31, was fined $9,000 and sentenced to three weeks time served, meaning he was free to return to Louisa, Virginia.

"I feel very just relieved, a weight that have been lifted off my shoulders and my wife and I’m glad that I get to go home and be with my son again," to he told reporters outside of court in Grand Turk.

Wenrich, who works as a paramedic and has an 18-month-old baby, had pleaded guilty to an ammunition charge that could have exposed him to a 12-year prison sentence.

But a judge ruled there were "extraordinary circumstances" in the matter, making Wenrich eligible for the shorter sentence.

As the court weighed all factors, the American said he was riding an emotional roller coaster, not knowing the final result.

“Very emotional because it’s up and down because he goes through everything," Wenrich said. "You don’t know if it’s going one way or the other as he’s read through everything so, so, tearing up every time I heard 18-month-old son and now I’m just relieved that the outcome."

Wenrich’s road home followed the same path as fellow American Bryan Hagerich, who had also faced a 12-year term before being set free.

Wenrich had been on a cruise ship when the vessel docked in Grand Turk. Bullets from a previous hunting trip had been left unknowingly in his bag as he went through a security checkpoint.

The Virginia man said it was an innocent oversight, and he had no ill intentions when he accidentally left the rounds in his bag.

Despite the ordeal, the American said he's grateful for the kind treatment from everyone he encountered in Turks and Caicos, even police and jailers.

"Everybody truly honestly, I know we’ve said this through this ordeal but it’s been, it’s been true that everybody here. the citizens, police, the guards, everybody has been phenomenal, hospitable and friendly," he said.

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DNC to nominate Biden and Harris to bypass Ohio ballot issues - ABC News

The Democratic National Committee will move to conduct virtual party proceedings to certify President Joe Biden and Vice President Kamala Harris as the Democratic Party nominees before Ohio's Aug. 7 ballot certification deadline, and before their in-person convention beginning Aug. 19, the party confirmed to ABC News on Tuesday.

This will take a big moment away from Biden and the party -- the official nomination at convention is typically met with fanfare and celebration, but he will become the official nominee virtually, without the pomp and circumstance.

The move came moments before the Ohio Senate convened on Tuesday for a special session to address Biden's ability to appear on their general election ballot in November -- which the GOP-led legislature has tied up with a separate bill related to campaign finance, something Democrats oppose.

PHOTO: President Joe Biden and Vice President Kamala Harris listen as Second gentleman Doug Emhoff speaks at an event celebrating Jewish American Heritage Month in the Rose Garden of the White House on May 20, 2024 in Washington, DC.

President Joe Biden and Vice President Kamala Harris listen as Second gentleman Doug Emhoff speaks at an event celebrating Jewish American Heritage Month in the Rose Garden of the White House on May 20, 2024 in Washington, DC.

Anna Moneymaker/Getty Images

"Joe Biden will be on the ballot in Ohio and all 50 states, and Ohio Republicans agree. But when the time has come for action, they have failed to act every time, so Democrats will land this plane on our own. Through a virtual roll call, we will ensure that Republicans can't chip away at our democracy through incompetence or partisan tricks and that Ohioans can exercise their right to vote for the presidential candidate of their choice," DNC Chair Jamie Harrison said in a statement provided to ABC News.

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The Biden campaign said that while there will be a virtual roll call and nomination of Biden and Harris, the DNC will still hold in-person ceremonial events for each process at their convention during the week of Aug. 19 in Chicago.

Neither the party nor the Biden campaign have confirmed a date when this virtual nomination could happen, but it will definitely be before the Aug. 7 Ohio ballot certification deadline.

To conducting the virtual roll call, the DNC's Rules and Bylaws Committee will need to vote on Tuesday, June 4, on a resolution to propose changes to the call to allow for virtual party proceedings. Then, in the coming weeks, the resolution will be voted on by the full DNC membership. Once the resolution is adopted, the remainder of the pre-nomination process will follow the standard order of operations.

This is a developing story. Please check back for updates.

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Hurricane Rafael is bearing down on Cuba as a Category 3 storm - CNN

[unable to retrieve full-text content] Hurricane Rafael is bearing down on Cuba as a Category 3 storm    CNN Hurricane Rafael now Cat 3 s...