Courts, Rulings & Lawsuits | |
Divided Supreme Court rules in major homelessness case that outdoor sleeping bans are ok
The Supreme Court decided on Friday that cities can enforce bans on homeless people sleeping outdoors, even in West Coast areas where shelter space is lacking. The case is the most significant to come before the high court in decades on the issue and comes as a rising number of people in the U.S. are without a permanent place to live.
AP
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Supreme Court rules juries, not judges, may determine who is a career criminal
The Supreme Court limited how criminal defendants are determined to meet qualifications under the Armed Career Criminal Act on Friday, ruling that juries must decide if an enhanced sentence is warranted. “Judges may not assume the jury’s fact-finding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard,” Justice Neil Gorsuch, a Donald Trump appointee, wrote for the court.
Courthouse News Service
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Judge denies city motion to pare LAPD officer's tracking suit
A lawsuit filed by a Los Angeles police officer who alleges her high-ranking former LAPD boyfriend secretly tracked her after she ended the relationship in 2023 can proceed, a judge has ruled in denying a defense motion to dismiss most of the plaintiff's claims. Officer Dawn Silva's Los Angeles Superior Court lawsuit alleges gender discrimination and harassment, retaliation and failure to prevent discrimination, harassment and retaliation.
City News Service
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Three-strikes resentencing must comply with initiative
A statute enacted by the Legislature in 2019 - which retroactively eliminates most prior-prison enhancements and provides for the reevaluation of a defendant’s sentence under any other changes in sentencing laws - may not be used to apply the penalty revisions of the voter-approved Three Strikes Reform Act, as doing so would unconstitutionally amend the provisions of the initiative, the Sixth District Court of Appeal held yesterday.
Metropolitan News-Enterprise
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California appeals court affirms LACERA's authority to set employment classifications and salaries, overrules county board's rejection
In a landmark 79-page decision, the California 2nd District Court of Appeals has affirmed that the Los Angeles County Employees Retirement Association (LACERA) possesses the authority under both the California Constitution and state statutes to establish employment classifications and set salaries for its employees.
LACERA News Release
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Supreme Court rules for Jan. 6 rioter challenging obstruction charge
The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021. The justices in a 6-3 vote on nonideological lines handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants - including former President Donald Trump - who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden’s election victory.
NBC News
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$2.28 million award in retaliatory-discharge case axed
The Court of Appeal for this district yesterday upset a $2.28 million award to a man who was fired after he declined to sign a declaration under penalty of perjury that a jury found contained false statements, holding that his disclosure to plaintiffs in a shareholders’ action of conversations covered by the attorney-client privilege stripped him of protection. San Bernardino Superior Court Judge Corey Lee, sitting on assignment to Div. Five, authored the opinion.
Metropolitan News-Enterprise
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Jury sets damages at $40 million in death of Long Beach pedestrian struck by CHP officer
A Los Angeles County jury on Friday, June 21, set damages at $40 million in the wrongful death of a Long Beach pedestrian killed in 2019 by a speeding CHP motorcycle officer with an eye ailment that distorted his vision. An attorney for the family of Cezannie Mount, 24, said Friday that retired Officer Alfredo Gutierrez had reported his eye condition to his superiors but was not removed from motorcycle duty.
Long Beach Press-Telegram
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Judge rules LA Metro must pay PETA more rhan $250,000 in First Amendment lawsuit
Ruling in a case filed by PETA in response to the Los Angeles County Metropolitan Transportation Authority’s (LA Metro) bias against its animal rights ads, the U.S. District Court for the Central District of California just ordered the transit agency to pay the group $250,815, plus interest, to cover the cost of litigating its ultimately successful First Amendment lawsuit.
PETA News Release
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City asks judge to uphold suspension, misconduct findings against sergeant
The city of Los Angeles is asking a judge to uphold the three-day suspension for the alleged misconduct of a Los Angeles police sergeant that included kissing a department employee during an off-duty casino fundraising event in San Diego County in 2019. Sgt. Darcy French’s Los Angeles Superior Court petition asks a judge to overturn the Board of Rights’ decision in June 2023 that supported allegations against the sergeant that were later signed off on by then-Chief Michel Moore, who also is named in the legal action.
MyNewsLA
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Interplay of personal gun use, guilty verdict establishes requisite intent to kill
Div. Two of the First District Court of Appeal held Friday that a finding by a jury that a man personally used a firearm during an attempted premeditated murder of an armored truck security guard was sufficient to establish that the defendant was the direct perpetrator of the shooting, and harbored an intent to kill, despite the presence of a codefendant and the absence of an identification of the shooter by the victim.
Metropolitan News-Enterprise
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Project Veritas tells Ninth Circuit Oregon privacy law violates First Amendment, undermines investigative journalism
Project Veritas, a conservative media organization known for its undercover-style work, argued before an en banc panel at the Ninth Circuit Court of Appeals Tuesday that an Oregon privacy law, which requires the consent of all parties to record conversations, tramples on the First Amendment rights of journalists and ordinary citizens.
Courthouse News Service
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Felony case against LA prosecutor spilled out of co-workers' boozy clash with cops: docs
The 11-count felony case alleging anti-police misconduct from Los Angeles County District Attorney George Gascon's top ethics officer stemmed from the drunken arrest of one of his most trusted confidants, who recorded himself clashing with officers and interrupting their investigation, according to court documents. California Attorney General Robert Bonta announced the charges against Diana Teran in April.
Fox News
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The tape don’t lie…but it appears Gascon minion did
When Los Angeles County District Attorney George Gascon’s chief of staff Joseph Iniguez was arrested on suspicion of public intoxication and threatening a police officer he said he had a video of the entire incident that not only showed his innocence but also backed up his claim of a violation of his First Amendment rights. The tape was recently obtained by Fox News and shows, and, well, not so much, Mr. Iniguez.
California Globe
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Judge unseals DOJ affidavit in Diana Teran case after LA Public Press motion
An LA County Superior Court judge has unsealed California Attorney General Rob Bonta’s arrest warrant affidavit in the case of Diana Teran, a top advisor to District Attorney George Gascón, who was charged with 11 felonies last April. The affidavit was unsealed by Los Angeles County Superior Court Judge Mary Lou Villar in response to LA Public Press’ successful motion to unseal.
Los Angeles Public Press
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Video shows LA DA George Gascon's right-hand man arrested in DUI stop: 'You've pulled over the wrong person
Newly released video shows Los Angeles District Attorney George Gascon's top aide arrested after interrupting police who pulled over his then-fiance during a traffic stop on their way home from a wedding in 2021. Joseph Iniguez, the current No. 2 prosecutor in Los Angeles, was riding shotgun when police pulled the couple over for a suspected traffic violation.
Fox News
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DA won't file felony case against UCLA counter-protester
The Los Angeles County District Attorney's Office has declined to file a case against an 18-year-old man arrested in connection with an attack at a pro-Palestinian encampment at UCLA in late April, instead referring it to the City Attorney's Office for a possible misdemeanor filing. In a statement released Friday, District Attorney George Gascón said his office has completed a "thorough review of the incident involving Mr. Edan On, who allegedly assaulted another protester," but prosecutors "cannot establish beyond a reasonable doubt that Mr. On's conduct directly caused the victim's injury."
City News Service
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LA family outraged as DA Gascón's office may drop most severe charge in assault on woman, now brain-dead
Relatives of a couple assaulted, allegedly by a homeless man, outside a McDonald's drive-thru in Los Angeles are enraged after learning that District Attorney George Gascón could dismiss the most serious charge against the suspect. The attack on 74-year-old Jose Juan Rangel Hernandez and 58-year-old Maria Guadalupe Vargas Luna took place in March when the suspect punched Rangel Hernandez in the face through a car door window, according to his family.
Fox News
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DEA operation exposes growing links between Sinaloa cartel and Chinese organized crime
Two dozen Los Angeles-based associates of Mexico’s Sinaloa cartel were charged in a sophisticated scheme to launder more than $50 million in drug money through an underground banking system run by Chinese nationals in the United States, federal prosecutors said Tuesday. The case, outlined in a 10-count superseding indictment, highlights the growing relationship between Mexican cartels and Chinese citizens in the U.S., and the complex system they have developed to finance drug operations and launder the proceeds, authorities said.
NBC News
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Tom Girardi used client money to fund his wife's entertainment career, prosecutors say
Six weeks before Tom Girardi's criminal trial in Los Angeles is scheduled to begin, federal prosecutors revealed that they intend to introduce key evidence: that the disgraced former attorney allegedly spent more than $25 million of client and law firm money on the career of his reality TV star wife. Until now, Erika Girardi - a mainstay of Bravo's "Real Housewives of Beverly Hills" - has rarely been mentioned in her estranged husband's federal prosecution.
Los Angeles Times
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Man convicted of killing boy may be set free because prosecutors racially profiled the jury pool
Lance Clark was 9 years old when he was shot dead in a robbery. A man named Ernest Dykes was convicted of the 1993 Oakland murder and sentenced to death. But the boy’s family says prosecutors just told them Dykes could be released from prison in nine months to a year. “Lance was a happy, funny, loving, sweet little boy,” his sisters told CNN in a family statement. “He was robbed of a future.”
CNN
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One charged in Beverly Hills armed robbery; two others released
An Oakland man who was among five people arrested in connection with a holdup at gunpoint in Beverly Hills was charged Monday with robbery. Gangster Lawson, 23, is charged with one count of second-degree robbery, according to the Los Angeles County District Attorney’s Office. The District Attorney’s Office cited insufficient evidence in declining to file a case against two other 18-year-old Oakland men, Xavier Ford and Nasir Blocker. Jail records show that the two, who were arrested last Thursday by Beverly Hills police, were released from custody Monday.
MyNewsLA
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EXCLUSIVE: Leaked emails reveal Newsom's office will not negotiate crime bills, unless DAs pull 2024 ballot measure to amend Prop. 47
An email chain obtained by CBS News California Investigates reveals that the Governor's Chief of Staff would not negotiate to strengthen a Democratic package of crime bills unless a coalition of crime victims, retailers, and law enforcement leaders would agree to postpone thier ballot measure until 2026. At issue is the proposed Homelessness, Drug Addiction, and Theft Reduction Act.
CBS News California
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Prop 47 talks collapse
A months-long Democratic push to remove a tough-on-crime measure from the November ballot appears to be dead in the water. Negotiations between Gov. Gavin Newsom, legislative leaders and proponents effectively broke down last week, around the time that the governor’s chief of staff, Dana Williamson, clashed with the proponents in a leaked email chain.
Politico
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Gov. Newsom, Legislative leaders consider putting new crime initiative on November ballot
Gov. Gavin Newsom and some Democratic lawmakers are now considering placing a crime-related measure on the November ballot to compete with an initiative that has already qualified meant to enhance penalties for drug traffickers and repeat thieves. Five sources close to the situation, but who are unauthorized to speak publicly about it, confirmed to KCRA 3 the new initiative is an effort to continue negotiating the measure that would reform parts of Proposition 47 off of the November ballot.
KCRA
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California Democrats’ latest - sabotage the initiative to amend prop. 47
Rampant retail theft throughout California cities has caused thousands of small business and store closures. Escalating fentanyl overdoses are killing young Californians at a stunning rate. In reaction to the destruction of California, 900,000 Californians signed the petition to qualify the Reform Prop. 47 initiative, the “Homelessness, Drug Addiction, and Theft Reduction Act,” for the November 2024 ballot.
California Globe
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Democrats’ cynical crime package is backfiring
With supermajorities in the Capitol and control of every state constitutional office, California Democrats often display their arrogance and ideological myopia. Sometimes, however, they go too far and spark a backlash. We’re seeing that play out now as the Legislature considers a package of anti-crime measures. The bills mostly are reasonable, but the Democratic leadership’s political approach has left Republicans, media outlets and even some moderates within their coalition crying foul.
Orange County Register
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Police work is already risky enough; don't make things worse
The political assault on the American police profession continues apace. With the “de-fund” movement that arose following the death of George Floyd in 2020 having been revealed as harebrained, those who would see the nation’s police officers hamstrung in the fight against crime now turn to other, more indirect measures. In Los Angeles, this effort is taking shape in a campaign to change the LAPD’s disciplinary system so as to make it easier to fire an officer who has displeased his superiors.
Jack Dunphy/PJ Media
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Is the Times finally turning on Gascon?
Restoration. Rehabilitation. Second chances. Equity. Those are at the heart of the progressive criminal justice movement and at the core of the Los Angeles District Attorney George Gascon’s policies of law enforcement, or non-enforcement, as is more typical. And it seems those policies got another person murdered. And it seems that even the Los Angeles Times - the staunch bastion of proper-thinking and woke rules, and an organization that has covered for and carried water for Gascon since before he was elected DA in 2020 - has even noticed that people are being killed by people who should still be behind bars.
California Globe
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LAPD, feds look for synagogue protesters as city mulls over mask restrictions, added security
A violent protest Sunday at a synagogue prompted Mayor Karen Bass to say Los Angeles should consider rules governing demonstrations and the wearing of masks by those protesting. Bass did not offer a specific proposal but said the city needed to look at the issue - including “the idea of people wearing masks at protests” and permits for demonstrations. A number of pro-Palestinian protesters had their faces covered Sunday.
Los Angeles Times
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‘This is a bad idea,’ cry drivers as city removes cops from traffic stops - unarmed citizens will enforce law instead
Los Angeles, California is known for its entertainment history, beautiful beaches, various tourist attractions, and Hollywood. However, it's also known for having some of the most dangerous roads in the world, and a strained police department. Shortly after the George Floyd incident in Minneapolis, Minnesota, several non-profit organizations pushed city lawmakers to make major changes to the city's strategies for solving crimes.
The U.S. Sun
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After years of fights over mask mandates, why do some states now want to ban face coverings?
Americans can’t seem to stop fighting about masks. After years of intense debate over mask mandates, the argument has now flipped entirely to become about whether certain face coverings should be banned. New York Gov. Kathy Hochul said last week that she is considering banning face masks on New York City subways over concerns that the coverings obscure the identities of people committing antisemitic acts. New York City Mayor Eric Adams supports the idea, arguing that “cowards cover their faces.”
Yahoo News 360
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Trump challenges Jack Smith's authority in classified documents case
In former President Donald Trump's latest bid to get criminal charges over his handling of classified documents tossed out, one of his lawyers argued at a Friday hearing that special counsel Jack Smith wasn't authorized to bring the case. "Jack Smith does not have a superior who is operating with sufficient oversight authority over his decisions right now," Trump lawyer Emil Bove told U.S. District Judge Aileen Cannon, who set aside Friday to hear Trump's challenge to special counsel Jack Smith's appointment in the case.
USA Today
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UNRWA is sued by Israeli victims of Oct. 7 Hamas attack
The United Nations Palestinian refugee agency was sued on Monday by dozens of Israelis who accused it of aiding and abetting the Oct. 7 Hamas attack on Israel. In a complaint filed with the U.S. District Court in Manhattan, the plaintiffs said the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) spent more than a decade helping Hamas build what they called the “terror infrastructure” and personnel needed for the attack.
Reuters
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Rick Caruso endorses Nathan Hochman for LA DA
Billionaire developer and former Los Angeles mayoral candidate Rick Caruso today endorsed Nathan Hochman for county district attorney. Hochman and Caruso appeared together in front of the Casa Vega family restaurant in Sherman Oaks, a local small business that has suffered numerous criminal incidents since current DA George Gascon took office in 2020.
California Globe
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Nathan Hochman releases statement on ‘deadly consequences’ of Gascon’s policies on gang and gun violence
Nathan Hochman, candidate for District Attorney of Los Angeles County, today released a statement about George Gascon’s mishandling of murderer Denmonne Lee, who committed a new murder after Gascon refused to prosecute him in criminal court for a 2018 killing. The case was highlighted today in an explosive new L.A. Times story.
Nathan Hochman Press Release
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California sheriff's deputy died of a meth overdose while on duty, authorities say
A 41-year-old Los Angeles County sheriff’s deputy died in a methamphetamine overdose at a sheriff’s station in April, according to authorities. Jonathan Stewart died from the effects of methamphetamine April 27, the Los Angeles County medical examiner said in a report released this week. The report labeled his death an accident.
NBC News
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Metro directors approve plan to establish in-house police department
A proposal for Metro to create its own police department has been approved by a 10-0 vote of its Board of Directors following public safety concerns and months of highly publicized violent crimes on its system, and Friday there is five-year plan to put it in place. The Transit Community Public Safety Department will be rolled out over the course of five years.
City News Service
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Explosion at homeless encampment blaze injures firefighter
Authorities are continuing their investigation Tuesday into an explosion at a homeless encampment in the Sepulveda Basin where a firefighter was critically injured and 10 more firefighters were hurt. Firefighters were sent to the 15700 block of West Burbank Boulevard near the Sepulveda Basin Recreation Area around 1:30 p.m. Monday regarding a brush fire in the encampment, according to Los Angeles Fire Department spokeswoman Melissa Kelley.
MyNewsLA
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Supervisor Barger protests proposed cuts to inmate firefighting program
Los Angeles County Supervisor Kathryn Barger, who represents Pasadena, urged California Gov. Gavin Newsom to reconsider proposed budget cuts that would eliminate inmate firefighting crews in the County. The cuts, part of Newsom’s revised budget plan, would shut down five fire camps and remove 205 people from wildland firefighting teams.
Pasadena Now
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City removes planters placed to prevent homeless encampment on Hollywood sidewalk
Planters designed to deter homeless encampments along Highland Boulevard in Hollywood were removed Monday by city crews. The actions follow an initial postponement of the removal along the sidewalk. Local business owners initially placed the planters in May following what they say had been over two years of obstruction by the encampment.
NBC4
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LA Police Commission clarifies: Investigation into former Chief Moore closed without formal conclusion
The investigative arm of the Los Angeles Board of Police Commissioners has clarified that an investigation into a complaint that former LAPD Chief Michel Moore directed an investigation of Mayor Karen Bass over her receipt of a USC scholarship was closed without a formal finding by the Commission because of Moore's early retirement in January.
NBC4
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260 home burglaries unsolved in San Fernando Valley Wi-Fi jamming scheme
Neighbors in the San Fernando Valley were asking police for help Wednesday after hundreds of brazen home burglaries have gone unsolved. A neighbor who did not want to be identified showed KCAL videos of his home in Studio City ransacked, with clothing thrown around his room and his windows smashed. "There's not a day that goes by that we don't think about it," he said.
KCAL News
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Family-run retail theft crew in Southern California taken down by L.A. police
A multigenerational, family-run retail theft crew accused of robbing dozens of stores across the Southland and stealing thousands of dollars in merchandise was taken down Thursday in South Los Angeles. The raid comes after a monthslong investigation by LAPD’s Organized Retail Theft Taskforce into the crime family, dubbed the “Dodger Crew” by police because they often wore Dodger attire during their heists at stores in L.A., Glendale, Torrance and other SoCal cities.
KTLA
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Boy, 16, stabbed to death at LAPD fundraising carnival
A 16-year-old boy was fatally stabbed by another teen during a summer carnival in the Palms community of Los Angeles being held as a Los Angeles Police Department fundraiser, and authorities were still searching for the culprit Sunday. The stabbing was reported around 10:30 p.m. Saturday, June 22 near the intersection of Venice Boulevard and Keystone Avenue, the LAPD reported.
City News Service
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California's ban on hidden 'junk fees' takes effect in July
In July, a new state law in California will require businesses to disclose all costs up front - a ban on so-called “junk fees” on everything from hotel rooms, to concert tickets, to restaurant food. Restaurants in particular are saying this will hurt their business. DON GONYEA, HOST: Several states are looking to ban so-called junk fees - you know, those hidden costs that get tacked onto a bill for a hotel stay or a restaurant meal. California is one of those states.
NPR
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FBI issues national financial warning
The Federal Bureau of Investigation has issued a warning over a particular type of financial crime that’s linked to Mexican cartels. In an announcement, the agency said it has seen a rise in scams targeting timeshare owners. The primary victims are older Americans, particularly wealthy ones looking to recoup some of the money spent on their real estate investment. In the last five years, upwards of 6,000 victims have reported more than $300 million in losses to the agencies, the agency said.
AL.com
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Prosecutors drop most charges against student protesters who occupied Columbia University building
Dozens of Columbia University students who were arrested for occupying a campus building as part of a pro-Palestinian protest will have their criminal charges dropped, prosecutors said. At a court hearing Thursday, the Manhattan district attorney’s office said it would not pursue criminal charges for 31 of the 46 people initially arrested on trespassing charges inside the administration building.
AP
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David DePape found guilty in state trial over Paul Pelosi attack
A California jury has found David DePape guilty on all charges in the state trial over the hammer attack against Paul Pelosi, following his federal conviction for the 2022 assault, prosecutors said. The jury began deliberations Tuesday afternoon in San Francisco, with the court dark on Wednesday, before reaching a verdict Friday afternoon.
ABC News
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Man sentenced in decade-long sexual abuse of girl in Southern California
A Simi Valley man received his sentence Thursday for the sexual abuse of a family member that went on for more than 10 years. Sixty-five-year-old Phillip Allen Fleming was sentenced to 7 years and 4 months in state prison for the continuous abuse that occurred between 1996 and 2007, the Ventura County District Attorney’s Office announced on Friday.
KTLA
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When they won’t even say ‘no comment.’
As the author of CNN.com’s daily newsletter about the news and entertainment industries, Oliver Darcy regularly reports on some of the world’s most powerful communications companies. Some of those companies, however, don’t bother to communicate with Darcy. The phrase “did not respond to a request for comment” pops up almost daily in his reporting. “I find it strange, to be honest,” says Darcy.
Columbia Journalism Review
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Stanford Health Care worker awarded $10M in racist harassment case
A judge has ordered Stanford University and Stanford Health Care to pay $10 million in damages in connection with an employee's racial harassment case that included allegations of a staffer dressing as a member of the Ku Klux Klan. In March, an Alameda County Superior Court jury found that the two organizations had defamed patient testing technician Qiqiuia Young after she had sued the health care provider for racial harassment.
CBS News Bay Area
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NFL slammed with $4.7 billion verdict in Sunday Ticket antitrust trial
The National Football League on Thursday was hit with a $4.7 billion jury verdict in a case brought by a Sunday Ticket subscriber who claimed the league conspired with distributor DirecTV to charge inflated prices for the bundle. A Los Angeles jury returned its verdict Thursday afternoon after deliberating for less than one day. They awarded about $4.6 billion in damages to residential Sunday Ticket subscribers over a 12-year period, as well as $96 million to commercial subscribers.
Courthouse News Service
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