courthousenews--2020-08-01--Without Feds, Portland Protests Again Peaceful

PORTLAND , Ore. ( CN ) — Two nights without federal agents patrolling the federal courthouse in Portland has equaled two nights without violence , but President Donald Trump said that didn ’ t mean federal troops were leaving the city altogether .
“ Homeland Security is not leaving Portland until local police complete cleanup of Anarchists and Agitators !
” Trump tweeted on Friday night , the second night in a row without violent exchanges between protesters and law enforcement , and the second night since Governor Kate Brown announced a deal to replace the federal agents guarding the @ @ @ @ @ @ @ State Troopers .
Protesters in Oregon ’ s largest city have demonstrated every day since May 31 against systemic racism , police brutality and the death of George Floyd , a 46-year-old Black man , by the Minneapolis Police Department .
Peaceful protests of all kinds have ranged across the city , even on weekdays with temperatures reaching 100 degrees .
Citing what he claimed was local law enforcement ’ s inability to quell civil unrest , the president claimed he was sending federal officers with the U.S .
Marshals Service , Customs @ @ @ @ @ @ @ Homeland Security to Portland to protect federal property .
But agents ’ actions quickly devolved into violence directed at peaceful protesters , journalists , legal observers and volunteer street medics .
On Friday , U.S. District Judge Michael Simon floated the idea of requiring journalists to be identified by the blue vests issued to legal observers by the American Civil Liberties Union in order to avoid assault or arrest by federal agents under the court ’ s temporary restraining order .
An attorney for the ACLU said that would raise serious constitutional questions @ @ @ @ @ @ @ willingness to assault legal observers wearing those vests .
On the very night that Simon issued his restraining order , federal agents shot legal observer Kat Mahoney in the head with a pink paint ball as she stood across the street from the federal courthouse , observing the protest , according to Mahoney ’ s declaration .
Later that same night , Mahoney says , a federal officer calmly doused her and three other legal observers with mace “ as though he were watering a line of flowers.
” Gov .
Brown announced @ @ @ @ @ @ @ to a phased withdrawal ” and said federal officers would no longer stay in the city as an “ occupying force ” and would begin to withdraw Thursday .
Acting Homeland Security Secretary Chad Wolf used less certain language in his own statement issued Wednesday , leaving open the possibility that federal agents wouldn ’ t leave the city .
“ The department will continue to maintain our current , augmented federal law enforcement personnel in Portland until we are assured that the Hatfield Federal Courthouse and other federal properties will no longer @ @ @ @ @ @ @ justice in Portland will remain secure , ” Wolf said .
But on Thursday , Trump appeared to add a new condition to the withdrawal of federal troops .
Speaking at the White House , Trump gave Gov .
Brown a 48-hour deadline to “ clean out this beehive of terrorists.
” He said federal agents would slowly begin to leave Portland if that condition was satisfied .
If not , he told reporters , he planned to send in the National Guard .
That night , Oregon State Troopers replaced federal agents @ @ @ @ @ @ @ steel fence surrounding the Mark O. Hatfield Federal Courthouse .
They rarely appeared during the night and protests continued peacefully without police intervention .
On Friday , prosecutors charged a teen protester with arson over a fire they said he started on July 28 .
U.S. Attorney Billy Williams announced that federal agents with the ATF and the U.S .
Marshals Service tracked down Gabriel Agard-Berryhill , who Williams claimed started a fire near the main entrance of the Mark O. Hatfield Federal Courthouse by lobbing a “ large incendiary object ” over @ @ @ @ @ @ @ into the building ’ s stone portico , where it set fire to the plywood covering the doors and windows .
“ No legitimate protest message is advanced by throwing a large explosive device against a government building , ” Williams said in a statement .
Williams said Agard-Berryhill is the same person captured on photos holding a shield in front of “ Naked Athena , ” a protester who sat naked in front of advancing riot police to show them , she told reporters , what they were firing at .
The @ @ @ @ @ @ @ 20 years in prison , and a five-year minimum sentence .
The investigation included reviewing product reviews on Twitter filled out by Agard-Berryhill ’ s grandmother , according to Williams ’ press release .
In her review , Agard-Berryhill ’ s grandmother explained that she was pleased with her purchase of a distinctive green vest , which she says she got “ for my grandson who ’ s a protester downtown , he uses it every night and says it does the job.
” On Friday afternoon , Trump told reporters assembled in @ @ @ @ @ @ @ across the country are assaulting federal agents with Molotov cocktails and frozen water bottles the “ size of a football.
” He added an allegation that protesters are throwing soup cans at federal agents that carry the force of a brick .
When they get caught , Trump said , protesters claim it ’ s only “ soup from my family.
” He said “ the media ” is supporting widespread protests against police brutality and systemic racism by accepting protesters ’ explanations about the soup cans .
Trump said the media ’ @ @ @ @ @ @ @ amounts to collective wonderment : “ Isn ’ t it wonderful to allow protesting ?
” The president then answered his own hypothetical question .
On Friday night , neither Molotov cocktails nor soup cans – family-made or otherwise – were readily apparent as protests continued at the federal courthouse .
Speakers addressed the crowd from the steps of the Multnomah County Justice Center , before heading next door to mill around the fence that still surrounds the federal courthouse .
This time , though , there were no federal officers on the @ @ @ @ @ @ @ wielding both the guns to shoot tear gas canisters and leaf blowers to direct the billowing clouds toward protesters .
Instead , the stone portico and steps leading to the boarded up front doors of the courthouse were empty .
Slung across the fence was a 10-foot wide American flag , hung upside down , with the letters “ BLM ” printed in big block letters across it .
Clusters of balloons were tied to the fence and a dozen sunflowers – a symbol of the wall of moms – were threaded through @ @ @ @ @ @ @ , several hundred people rallied in honor of Xeryus “ Iggy ” Tate , a Portland teenager who was murdered four years ago .
Dozens of cars wound their way through the city , honking and holding signs in a socially-distanced car parade in support of the Black Lives Matter movement .
Even without fresh rounds of tear gas on Friday , and despite the work of city cleaning crews that power washed the streets , there was enough residual tear gas in the air around the federal courthouse to sting the eyes @ @ @ @ @ @ @ , over 1,000 protesters stood in the blocked off street , chanting to the beat of a small drum corps .

Two nights without federal agents patrolling the federal courthouse in Portland has equaled two nights without violence, but President Donald Trump said that didn’t mean federal troops were leaving the city altogether.
PORTLAND, Ore. (CN) — Two nights without federal agents patrolling the federal courthouse in Portland has equaled two nights without violence, but President Donald Trump said that didn’t mean federal troops were leaving the city altogether.
“Homeland Security is not leaving Portland until local police complete cleanup of Anarchists and Agitators!” Trump tweeted on Friday night, the second night in a row without violent exchanges between protesters and law enforcement, and the second night since Governor Kate Brown announced a deal to replace the federal agents guarding the Mark O. Hatfield Federal Courthouse with Oregon State Troopers.
Protesters in Oregon’s largest city have demonstrated every day since May 31 against systemic racism, police brutality and the death of George Floyd, a 46-year-old Black man, by the Minneapolis Police Department. Peaceful protests of all kinds have ranged across the city, even on weekdays with temperatures reaching 100 degrees.
Citing what he claimed was local law enforcement’s inability to quell civil unrest, the president claimed he was sending federal officers with the U.S. Marshals Service, Customs and Border Patrol and the Department of Homeland Security to Portland to protect federal property.
But agents’ actions quickly devolved into violence directed at peaceful protesters, journalists, legal observers and volunteer street medics.
On Friday, U.S. District Judge Michael Simon floated the idea of requiring journalists to be identified by the blue vests issued to legal observers by the American Civil Liberties Union in order to avoid assault or arrest by federal agents under the court’s temporary restraining order.
An attorney for the ACLU said that would raise serious constitutional questions.
And federal agents have shown a willingness to assault legal observers wearing those vests. On the very night that Simon issued his restraining order, federal agents shot legal observer Kat Mahoney in the head with a pink paint ball as she stood across the street from the federal courthouse, observing the protest, according to Mahoney’s declaration.
Later that same night, Mahoney says, a federal officer calmly doused her and three other legal observers with mace “as though he were watering a line of flowers.”
Gov. Brown announced Wednesday that the agents had “agreed to a phased withdrawal” and said federal officers would no longer stay in the city as an “occupying force” and would begin to withdraw Thursday.
Acting Homeland Security Secretary Chad Wolf used less certain language in his own statement issued Wednesday, leaving open the possibility that federal agents wouldn’t leave the city.
“The department will continue to maintain our current, augmented federal law enforcement personnel in Portland until we are assured that the Hatfield Federal Courthouse and other federal properties will no longer be attacked and that the seat of justice in Portland will remain secure,” Wolf said.
But on Thursday, Trump appeared to add a new condition to the withdrawal of federal troops. Speaking at the White House, Trump gave Gov. Brown a 48-hour deadline to “clean out this beehive of terrorists.” He said federal agents would slowly begin to leave Portland if that condition was satisfied. If not, he told reporters, he planned to send in the National Guard.
That night, Oregon State Troopers replaced federal agents as the only officers visible inside the steel fence surrounding the Mark O. Hatfield Federal Courthouse. They rarely appeared during the night and protests continued peacefully without police intervention.
On Friday, prosecutors charged a teen protester with arson over a fire they said he started on July 28. U.S. Attorney Billy Williams announced that federal agents with the ATF and the U.S. Marshals Service tracked down Gabriel Agard-Berryhill, who Williams claimed started a fire near the main entrance of the Mark O. Hatfield Federal Courthouse by lobbing a “large incendiary object” over the steel fence federal agents erected and into the building’s stone portico, where it set fire to the plywood covering the doors and windows.
“No legitimate protest message is advanced by throwing a large explosive device against a government building,” Williams said in a statement.
Williams said Agard-Berryhill is the same person captured on photos holding a shield in front of “Naked Athena,” a protester who sat naked in front of advancing riot police to show them, she told reporters, what they were firing at. The charges against him carry a maximum of 20 years in prison, and a five-year minimum sentence.
The investigation included reviewing product reviews on Twitter filled out by Agard-Berryhill’s grandmother, according to Williams’ press release. In her review, Agard-Berryhill’s grandmother explained that she was pleased with her purchase of a distinctive green vest, which she says she got “for my grandson who’s a protester downtown, he uses it every night and says it does the job.”
On Friday afternoon, Trump told reporters assembled in the White House Cabinet Room that protesters across the country are assaulting federal agents with Molotov cocktails and frozen water bottles the “size of a football.”
He added an allegation that protesters are throwing soup cans at federal agents that carry the force of a brick. When they get caught, Trump said, protesters claim it’s only “soup from my family.”
He said “the media” is supporting widespread protests against police brutality and systemic racism by accepting protesters’ explanations about the soup cans. Trump said the media’s coverage of months of nationwide protests amounts to collective wonderment: “Isn’t it wonderful to allow protesting?”
The president then answered his own hypothetical question.
“No,” he said.
On Friday night, neither Molotov cocktails nor soup cans — family-made or otherwise — were readily apparent as protests continued at the federal courthouse. Speakers addressed the crowd from the steps of the Multnomah County Justice Center, before heading next door to mill around the fence that still surrounds the federal courthouse.
This time, though, there were no federal officers on the other side, who lately had been wielding both the guns to shoot tear gas canisters and leaf blowers to direct the billowing clouds toward protesters.
Instead, the stone portico and steps leading to the boarded up front doors of the courthouse were empty. Slung across the fence was a 10-foot wide American flag, hung upside down, with the letters BLM printed in big block letters across it. Clusters of balloons were tied to the fence and a dozen sunflowers — a symbol of the wall of moms — were threaded through its links.
Across the Willamette River, several hundred people rallied in honor of Xeryus “Iggy” Tate, a Portland teenager who was murdered four years ago. Dozens of cars wound their way through the city, honking and holding signs in a socially distanced car parade in support of the Black Lives Matter movement.
Even without fresh rounds of tear gas on Friday, and despite the work of city cleaning crews that power washed the streets, there was enough residual tear gas in the air around the federal courthouse to sting the eyes and make the skin tingle. Still, over 1,000 protesters stood in the blocked off street, chanting to the beat of a small drum corps.
“Black Lives Matter! Black Lives Matter! Black Lives Matter!”


Stimulus Checks

SAN FRANCISCO — Inmates have sued U.S. Treasury Secretary Steven Mnuchin , the Internal Revenue Service and others , challenging @ @ @ @ @ refusal ” to issue them coronavirus stimulus checks .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-08-04--‘Doomsday’ Dad Hearing Reveals Gruesome Fate of Missing Kids

( CN ) — A preliminary hearing got underway Monday in the case of a man accused of conspiring to destroy evidence after the remains of his wife ’ s children were found on his property following a cross-country manhunt .
In an eight-hour hearing in Fremont County , Idaho , complete with grisly witness testimony and police body cam footage , Chad Daybell appeared Monday in front of Magistrate Judge Faren Eddins in his first preliminary hearing since being charged with two felonies .
Authorities charged Daybell after the remains of wife Lori Vallow ’ s missing children Joshua @ @ @ @ @ @ @ , and Tylee Ryan , age 16 were found this summer on his Idaho property .
Daybell was represented during Monday ’ s proceedings by attorney John Prior .
Only a handful of people attended the hearing , including JJ ’ s grandparents Kay and Larry Woodcock , because of the Covid-19 pandemic .
After both the prosecution and the defense agreed to dispense with opening remarks , the bulk of Monday morning ’ s proceedings was spent on witness testimony from Rexburg Police Detective Ray Hermosillo , a law enforcement officer with @ @ @ @ @ @ @ a key investigator into the disappearance of JJ and Tylee since this past November .
Hermosillo testified his involvement started when he was asked to recover a Jeep that was in Vallow ’ s possession and to conduct a welfare check on JJ .
Hermosillo said that when he arrived at Vallow ’ s residence Alex Cox , Vallow ’ s brother , and Daybell were home but Vallow and JJ were not .
After Daybell told Hermosillo he hadn ’ t seen JJ in the apartment since October , police obtained a @ @ @ @ @ @ @ rented by Vallow and her brother as well as a storage unit in an effort to locate JJ .
While the search yielded some signs of JJ having lived there — such as a prescription bottle and a briefcase with JJ ’ s name inscribed on them — police were still not able to locate him .
The search for JJ later became a search for Tylee as well , since she had not been seen since September .
Hermosillo and police eventually served an order to Vallow — who had since fled @ @ @ @ @ @ @ Daybell — with demands that she produce the children to Rexburg , Idaho , officials within five days .
A warrant Vallow ’ s arrest followed in February when she failed to comply with the order .
On the stand Monday , Hermosillo then testified about the events of June 9 , when law enforcement carried out a property search warrant for Daybell ’ s Idaho property .
After an FBI evidence recovery team and canine units began to go over Daybell ’ s backyard , officials noticed a patch of grass near @ @ @ @ @ @ @ slightly off compared to the rest of the yard .
Police dug up the patch of grass and , after removing a trio of large rocks and some underground wood paneling , found JJ ’ s remains wrapped in plastic and duct tape .
Hermosillo testified they found Tylee ’ s remains at another location near the property ’ s pet cemetery , burned and partially concealed under a bucket .
That ’ s when Rexburg police took Daybell into custody .
After a lunch recess , the court resumed with the prosecution @ @ @ @ @ @ @ before she left for Hawaii .
The footage shows Vallow telling police JJ was with her friend Melanie Gibb in Arizona .
After the body cam footage , Gibb testified she had never had JJ with her and acknowledged lying to police when she told them that JJ had been with her .
The hearing wrapped up for the day with a phone recording between Gibb , Vallow and Daybell .
In the call , Gibb asked Vallow why Vallow told police JJ was with Gibb when he wasn ’ t .
Vallow @ @ @ @ @ @ @ matter of “ people being after her ” while Daybell said that if they told Gibb where JJ was it would “ put her in a bad position.
” After further pressure from Gibb over where JJ was , Vallow said , “ I know exactly where he is .
He ’ s perfectly fine and safe.
” The call ended abruptly shortly thereafter .

A preliminary hearing got underway Monday in the case of a man accused of conspiring to destroy evidence after the remains of his wife’s children were found on his property following a cross-country manhunt.
(CN) — A preliminary hearing got underway Monday in the case of a man accused of conspiring to destroy evidence after the remains of his wife’s children were found on his property following a cross-country manhunt.
In an eight-hour hearing in Fremont County, Idaho, complete with grisly witness testimony and police body cam footage, Chad Daybell appeared Monday in front of Magistrate Judge Faren Eddins in his first preliminary hearing since being charged with two felonies.
Authorities charged Daybell after the remains of wife Lori Vallow’s missing children Joshua “JJ” Vallow, age 7, and Tylee Ryan, age 16 were found this summer on his Idaho property. Daybell was represented during Monday’s proceedings by attorney John Prior.
Only a handful of people attended the hearing, including JJ’s grandparents Kay and Larry Woodcock, because of the Covid-19 pandemic.
After both the prosecution and the defense agreed to dispense with opening remarks, the bulk of Monday morning’s proceedings was spent on witness testimony from Rexburg Police Detective Ray Hermosillo, a law enforcement officer with over 19 years’ experience who was a key investigator into the disappearance of JJ and Tylee since this past November.
Hermosillo testified his involvement started when he was asked to recover a Jeep that was in Vallow’s possession and to conduct a welfare check on JJ. Hermosillo said that when he arrived at Vallow’s residence Alex Cox, Vallow’s brother, and Daybell were home but Vallow and JJ were not. After Daybell told Hermosillo he hadn’t seen JJ in the apartment since October, police obtained a search warrant for a handful of apartments rented by Vallow and her brother as well as a storage unit in an effort to locate JJ. While the search yielded some signs of JJ having lived there — such as a prescription bottle and a briefcase with JJ’s name inscribed on them — police were still not able to locate him.
The search for JJ later became a search for Tylee as well, since she had not been seen since September. Hermosillo and police eventually served an order to Vallow — who had since fled for Kauai, Hawaii, and married Daybell — with demands that she produce the children to Rexburg, Idaho, officials within five days. A warrant Vallow’s arrest followed in February when she failed to comply with the order.
On the stand Monday, Hermosillo then testified about the events of June 9, when law enforcement carried out a property search warrant for Daybell’s Idaho property. After an FBI evidence recovery team and canine units began to go over Daybell’s backyard, officials noticed a patch of grass near a pond seemed to be shorter and slightly off compared to the rest of the yard. Police dug up the patch of grass and, after removing a trio of large rocks and some underground wood paneling, found JJ’s remains wrapped in plastic and duct tape.
FILE - This file booking photo provided by the Rexburg (Idaho) Police Department shows Chad Daybell, who was arrested Tuesday, June 9, 2020, on suspicion of concealing or destroying evidence after local and federal investigators searched his property, according to the Fremont County Sheriff's Office. Court documents say authorities used cellphone information from the now-deceased uncle of two missing Idaho children to find the youths' bodies on a rural property in June 2020. Police found the remains of 17-year-old Tylee Ryan and her brother, 7-year-old Joshua “JJ” Vallow, on June 9 after months of searching. Lori Vallow Daybell and her husband, Chad Daybell, are in custody. (Rexburg Police Department via AP, File)
Hermosillo testified they found Tylee’s remains at another location near the property’s pet cemetery, burned and partially concealed under a bucket. That’s when Rexburg police took Daybell into custody.
After a lunch recess, the court resumed with the prosecution playing police body camera footage of Vallow before she left for Hawaii. The footage shows Vallow telling police JJ was with her friend Melanie Gibb in Arizona.
After the body cam footage, Gibb testified she had never had JJ with her and acknowledged lying to police when she told them that JJ had been with her.
The hearing wrapped up for the day with a phone recording between Gibb, Vallow and Daybell. In the call, Gibb asked Vallow why Vallow told police JJ was with Gibb when he wasn’t. Vallow told Gibb that it’s a matter of “people being after her” while Daybell said that if they told Gibb where JJ was it would “put her in a bad position.”
After further pressure from Gibb over where JJ was, Vallow said, “I know exactly where he is. He’s perfectly fine and safe.” The call ended abruptly shortly thereafter.
The preliminary hearing resumes Tuesday morning.


courthousenews--2020-08-04--Sixth Circuit: Covid-19 Restrictions Don’t Affect Ballot-Access Requirements

CINCINNATI ( CN ) – Candidates petitioning for placement on the November 2020 ballot in Ohio must collect signatures in person – regardless of Covid-19 restrictions – according to a ruling from the Sixth Circuit .
Despite statewide orders from Republican Governor Mike DeWine imposing restrictions on in-person gatherings , the appeals court ruled the physical signature requirements of Ohio ’ s ballot-access laws have not become “ unconstitutionally burdensome.
” The decision echoes a ruling handed down earlier this year in Thompson v. DeWine , a Sixth Circuit case dealing with the same restrictions as they related to those @ @ @ @ @ @ @ 2020 ballot .
Howard Hawkins and Dario Hunter , two independent candidates who hope to run for president in the 2020 election , filed the current suit against DeWine , Ohio Secretary of State Frank LaRose , and former Director of the Ohio Department of Health Amy Acton in May .
Along with members of the Green Party hoping to establish themselves as a minority party in the Buckeye State , Hawkins and Hunter claim the Covid-19 pandemic has upended their ability to collect physical signatures .
Ohio election laws require an ink @ @ @ @ @ @ @ name , as well as a witness signature provided by the petition circulator .
Senior U.S. District Judge James Graham , an appointee of Ronald Reagan , dismissed the suit at the end of June , and the Sixth Circuit heard arguments for potentially reviving it on July 27 .
Graham told the candidates in his dismissal that the Covid-19 restrictions , all of which were passed with First Amendment protected speech exceptions , “ impose no significant burden on plaintiffs ’ signature-gathering rights.
” The candidates argued Governor DeWine ’ s April @ @ @ @ @ @ @ vague because of social-distancing requirements that “ overshadowed ” the free speech exemption baked into the order , but Graham was unconvinced .
“ The First Amendment exemption , ” he said , “ is not confined to circulators .
It applies to all individuals , electors included .
If electors should wish to sign a petition , they may .
The state is not prohibiting the First Amendment speech of electors.
” “ We recently answered this precise question as applied to plaintiffs seeking to place local initiatives and constitutional amendments on @ @ @ @ @ @ @ in a terse , six-page opinion Monday .
“ We determined that Ohio ’ s ballot-access laws – in conjunction with the state ’ s Covid-19 orders – placed only an ‘ intermediate ’ burden on the plaintiffs ’ access to the ballot.
” Citing that earlier ruling , Cole added , “ Plaintiffs ’ attempt to distinguish Thompson is unavailing .
They argue that the Thompson court ‘ did not consider ’ whether the exceptions protecting First Amendment activity in the March 12 , 17 , and 22 orders are unconstitutionally vague @ @ @ @ @ @ @ Amendment protected speech , and it is well-established that the act of collecting signatures for ballot access falls under that ambit .
“ There is therefore no reason for us to depart from Thompson ’ s conclusion that the burden imposed on plaintiffs by Ohio ’ s ballot-access statutes – in light of the state ’ s response to the pandemic – is an intermediate one.
” Cole went on to say that Ohio ’ s justifications for ink signatures – including preventing “ overcrowded ballots ” and decreasing the odds of fraudulent @ @ @ @ @ @ @ legitimate , which the independent candidates did not dispute .

Sixth Circuit: Covid-19 Restrictions Don’t Affect Ballot-Access Requirements
CINCINNATI (CN) — Candidates petitioning for placement on the November 2020 ballot in Ohio must collect signatures in person, regardless of Covid-19 restrictions, the Sixth Circuit ruled Monday.
Despite statewide orders from Republican Governor Mike DeWine imposing restrictions on in-person gatherings, the appeals court ruled the physical signature requirements of Ohio’s ballot-access laws have not become “unconstitutionally burdensome.”
The decision echoes a ruling handed down earlier this year in Thompson v. DeWine, a Sixth Circuit case dealing with the same restrictions as they related to those seeking to place local initiatives on the 2020 ballot.
Howard Hawkins and Dario Hunter, two independent candidates who hope to run for president in the 2020 election, filed the current suit in May against DeWine, Ohio Secretary of State Frank LaRose and former Director of the Ohio Department of Health Amy Acton.
Along with members of the Green Party hoping to establish themselves as a minority party in the Buckeye State, Hawkins and Hunter claim the Covid-19 pandemic has upended their ability to collect physical signatures.
Ohio election laws require an ink signature next to a voter’s name, as well as a witness signature provided by the petition circulator.
Senior U.S. District Judge James Graham, an appointee of Ronald Reagan, dismissed the suit at the end of June, and the Sixth Circuit heard arguments for potentially reviving it on July 27.
Graham told the candidates in his dismissal that the Covid-19 restrictions, all of which were passed with First Amendment protected speech exceptions, “impose no significant burden on plaintiffs’ signature-gathering rights.”
The candidates argued Governor DeWine’s April 30 “stay-at-home” order is unconstitutionally vague because of social-distancing requirements that “overshadowed” the free speech exemption baked into the order, but Graham was unconvinced.
“The First Amendment exemption,” he said, “is not confined to circulators. It applies to all individuals, electors included. If electors should wish to sign a petition, they may. The state is not prohibiting the First Amendment speech of electors.”
A three-judge panel of the federal appeals court agreed.
“We recently answered this precise question as applied to plaintiffs seeking to place local initiatives and constitutional amendments on the November ballot,” Chief U.S. Circuit Judge R. Guy Cole Jr. wrote in a terse, six-page opinion Monday. “We determined that Ohio’s ballot-access laws — in conjunction with the state’s Covid-19 orders — placed only an ‘intermediate’ burden on the plaintiffs’ access to the ballot.”
Citing that earlier ruling, Cole added, “Plaintiffs’ attempt to distinguish Thompson is unavailing. They argue that the Thompson court ‘did not consider’ whether the exceptions protecting First Amendment activity in the March 12, 17, and 22 orders are unconstitutionally vague. But the orders explicitly exempt First Amendment protected speech, and it is well-established that the act of collecting signatures for ballot access falls under that ambit.
“There is therefore no reason for us to depart from Thompson’s conclusion that the burden imposed on plaintiffs by Ohio’s ballot-access statutes — in light of the state’s response to the pandemic — is an intermediate one.”
Cole went on to say that Ohio’s justifications for ink signatures — including preventing “overcrowded ballots” and decreasing the odds of fraudulent signatures — pass constitutional muster and are legitimate, which the independent candidates did not dispute.


courthousenews--2020-08-03--California Courts Covid Update

California Courts Covid Update

July 27 , 2020 : Requirement for reservations for hearing dates and civil motion filings July 28 , 2020 : @ @ @ @ @ limited civil hearings in certain departments , and certain conferences Aug. 3 , 2020 : @ @ @ @ @ trail and settlement conference dates due to Covid-19


courthousenews--2020-08-03--Judge Tosses Bulk of Challenge to Immigrant Welfare Restrictions

OAKLAND ( CN ) — A federal judge in Northern California ruled largely in favor of the Trump administration on Monday regarding a rule that could render immigrants ineligible for green cards if they apply for welfare benefits .
U.S. District Judge Phyllis J. Hamilton ’ s decision addresses a multistate lawsuit challenging the Department of Homeland Security ’ s public charge rule , which allows the government to give greater weight to a green card applicant ’ s dependence on public benefit programs like SNAP , Medicaid and housing subsidies .
Enacted this past October , the rule also @ @ @ @ @ @ @ green card applications to include family size , credit score , and even past applications for public assistance .
The city and county of San Francisco , Santa Clara County , the states of California , Oregon , Maine , Pennsylvania , and the District of Columbia claimed the rule was not only a cruel deterrent to immigrants applying for aid , but sowed fear and confusion among those who had already begun disenrolling from Medicaid and forgoing public benefits even when the rule does not apply to them .
“ The negative @ @ @ @ @ @ @ health care , housing and proper nutrition will ultimately be paid for by plaintiffs , ” their lawsuit said .
Hamilton agreed the cost of health care would fall on the states , as uninsured immigrants would likely be forced to seek care at emergency rooms .
“ Yet even so , ” the Bill Clinton appointee wrote , “ plaintiffs have not demonstrated that the rule requires or prevents the states from undertaking a particular course of action .
Instead , the rule impacts the choices of individuals who may or may @ @ @ @ @ @ @ purview .
The opposition even refers to the “ particularly hard choices ” faced by those subject to the rule .
Those individuals may be dissuaded or chilled from participating in benefit programs , but the actions of such third parties do not frustrate the availability of the benefits in the first instance .
The states remain free to offer benefits.
” Hamilton initially blocked the rule from being enforced in those locales .
In December 2019 , the Ninth Circuit stayed Hamilton ’ s injunction , keeping the rule in effect .
@ @ @ @ @ @ @ New York issued a nationwide freeze on the rule for the duration of the Covid-19 pandemic .
Notwithstanding her colleague ’ s temporary injunction , Hamilton said she would still review the plaintiffs ’ challenge as the rule had been in place since February .
In her 43-page decision Monday , Hamilton also found the rule does not run afoul of the Rehabilitation Act , which prohibits government agencies from discriminating against people with disabilities by denying them benefits .
“ While there may be a higher correlation between Medicaid enrollment and having @ @ @ @ @ @ @ that the disability is the sole reason an individual is determined to be a public charge , ” she wrote , adding that the Immigration and Nationality Act requires the Department of Homeland Security is required by Congress “ to consider an alien ’ s health as part of the public charge determination.
” Hamilton also dismissed the coalition ’ s equal protection claims , finding its disparate impact on minority groups “ notable ” but not proof that the rule was motivated by a discriminatory purpose .
She likewise nixed evidence of @ @ @ @ @ @ @ Mexican immigrants “ rapists ” and “ people who have a lot of problems , ” as well as the president ’ s reported preference for immigrants from places like Norway .
She noted that the presidents ’ comments were not connected to the rule , writing that plaintiffs “ have not alleged sufficient factual matter concerning statements by decisionmakers.
” Hamilton further found the lawsuit ’ s allegations that White House adviser Stephen Miller “ reportedly maintained a ‘ singular obsession ’ with the rule , ” causing it to be fast-tracked @ @ @ @ @ @ @ intent .
She said the rule ’ s road to enactment was not a departure from normal rule-making procedure and that at most , plaintiffs “ plausibly allege that defendants wanted to implement the rule sooner rather than later.
” The California Attorney General declined to comment on the record .
Neither the San Francisco City Attorney nor the Department of Homeland Security responded to emails seeking comment .

A federal judge in Northern California ruled largely in favor of the Trump administration on Monday regarding a rule that could render immigrants ineligible for green cards if they apply for welfare benefits.
OAKLAND (CN) — A federal judge in Northern California ruled largely in favor of the Trump administration on Monday regarding a rule that could render immigrants ineligible for green cards if they apply for welfare benefits.
U.S. District Judge Phyllis J. Hamilton’s decision addresses a multistate lawsuit challenging the Department of Homeland Security’s public charge rule, which allows the government to give greater weight to a green card applicant’s dependence on public benefit programs like SNAP, Medicaid and housing subsidies. Enacted this past October, the rule also expands the factors considered in visa and green card applications to include family size, credit score, and even past applications for public assistance.
The city and county of San Francisco, Santa Clara County, the states of California, Oregon, Maine, Pennsylvania, and the District of Columbia claimed the rule was not only a cruel deterrent to immigrants applying for aid, but sowed fear and confusion among those who had already begun disenrolling from Medicaid and forgoing public benefits even when the rule does not apply to them.
“The negative public health repercussions of reduced access to health care, housing and proper nutrition will ultimately be paid for by plaintiffs,” their lawsuit said.
Hamilton agreed the cost of health care would fall on the states, as uninsured immigrants would likely be forced to seek care at emergency rooms.
“Yet even so,” the Bill Clinton appointee wrote, “plaintiffs have not demonstrated that the rule requires or prevents the states from undertaking a particular course of action. Instead, the rule impacts the choices of individuals who may or may not be under the rule’s purview. The opposition even refers to the “particularly hard choices” faced by those subject to the rule. Those individuals may be dissuaded or chilled from participating in benefit programs, but the actions of such third parties do not frustrate the availability of the benefits in the first instance. The states remain free to offer benefits.”
Hamilton initially blocked the rule from being enforced in those locales. In December 2019, the Ninth Circuit stayed Hamilton’s injunction, keeping the rule in effect.
Last week, a federal judge in New York issued a nationwide freeze on the rule for the duration of the Covid-19 pandemic.
Notwithstanding her colleague’s temporary injunction, Hamilton said she would still review the plaintiffs’ challenge as the rule had been in place since February.
In her 43-page decision Monday, Hamilton also found the rule does not run afoul of the Rehabilitation Act, which prohibits government agencies from discriminating against people with disabilities by denying them benefits.
"While there may be a higher correlation between Medicaid enrollment and having a disability, it does not follow that the disability is the sole reason an individual is determined to be a public charge,” she wrote, adding that the Immigration and Nationality Act requires the Department of Homeland Security is required by Congress “to consider an alien’s health as part of the public charge determination.”
Hamilton also dismissed the coalition’s equal protection claims, finding its disparate impact on minority groups “notable” but not proof that the rule was motivated by a discriminatory purpose. She likewise nixed evidence of then-candidate Donald Trump’s statements calling Mexican immigrants “rapists” and “people who have a lot of problems,” as well as the president’s reported preference for immigrants from places like Norway. She noted that the presidents’ comments were not connected to the rule, writing that plaintiffs “have not alleged sufficient factual matter concerning statements by decisionmakers.”
Hamilton further found the lawsuit’s allegations that White House adviser Stephen Miller “reportedly maintained a ‘singular obsession’ with the rule,” causing it to be fast-tracked to completion, not dispositive of discriminatory intent.
She said the rule’s road to enactment was not a departure from normal rule-making procedure and that at most, plaintiffs "plausibly allege that defendants wanted to implement the rule sooner rather than later."
The California Attorney General declined to comment on the record. Neither the San Francisco City Attorney nor the Department of Homeland Security responded to emails seeking comment.


courthousenews--2020-08-03--LAPD Faces Lawsuit Over False Gang Reports in State Database

LOS ANGELES ( CN ) — Officers with the Los Angeles Police Department have a history of falsely labeling residents as gang members , decaying community trust in law enforcement and wrecking job prospects for Black and Latino residents fraudulently entered into a state gang database , five residents said in a federal class action lawsuit Monday .
The database , called CalGang , is estimated to contain profiles of at least 80,000 California residents — the majority people of color — suspected of having gang affiliations .
But LAPD officers violated public trust in the criminal legal system by @ @ @ @ @ @ @ ” classifying people as gang members when they had no such affiliation and then entering the descriptions in CalGang , the plaintiffs say .
One such case involves Sara Ochoa , a correctional officer raised in East LA who was classified as a “ gang associate ” by police after visiting her old neighborhood .
Jajuan Johnson , a recent high school graduate from South LA and aspiring writer , was falsely labeled as part of the Bloods street gang after LAPD stopped a car he was in and speculated he was a @ @ @ @ @ @ @ the lawsuit says .
The policing practice amounts to “ racial profiling , ” attorneys for Ochoa , Johnson and fellow class members Branden Costa , Antonio May and Michael Perr say in the 19-page complaint .
“ This resulted in devastating consequences to putative class members , almost all of whom were Black and Latino , including imprisonment , deprivation of civil rights , and practical consequences such as not being able to obtain a job , rent an apartment , or receive financial aid for college , ” the complaint says @ @ @ @ @ @ @ by booking them under the auspices of a state law allowing officers to arrest individuals suspected of committing a crime at the direction of a gang organization , according to the lawsuit filed in the Central District of California .
Last month , LA County District Attorney Jackie Lacey took aim at the pattern of false entries into CalGang and charged three LAPD officers with filing false police reports and fabricating documents for court .
In some encounters , the officers — Braxton Shaw , Michael Coblentz and Nicholas Martinez — reported that @ @ @ @ @ @ @ when officers ’ body-worn camera video showed residents were never asked about gang affiliation , prosecutors said in a July 10 statement .
Coblentz , Martinez and Shaw — who is accused of falsifying at least 43 interview cards — are among 27 officers under investigation by Lacey ’ s office .
An LAPD spokesperson did not immediately respond to a request for comment on the lawsuit .
Police accountability activists and advocates for youth of color have urged lawmakers for years to reform CalGang , saying the program increases the likelihood of @ @ @ @ @ @ @ California Attorney General Xavier Becerra revoked police agencies ’ access to records generated by the LAPD and asked state lawmakers to reform the program .
With the new policy , the California Department of Justice also urged police agencies to internally audit the accuracy of their inputs into CalGang , 25 % of which is composed of records produced by LAPD officers .
Becerra ’ s move came after LAPD Chief Michel Moore permanently withdrew from the database following an internal audit that confirmed a Los Angeles Times report that officers had wrongfully @ @ @ @ @ @ @ reasonable suspicion .
Humberto M. Guizar , an attorney for the proposed class , did not immediately respond to an emailed request for comment on the lawsuit .

Officers with the Los Angeles Police Department have a history of falsely labeling residents as gang members, decaying community trust in law enforcement and wrecking job prospects for Black and Latino residents fraudulently entered into a state gang database, five residents said in a federal class action lawsuit Monday.
LOS ANGELES (CN) — Officers with the Los Angeles Police Department have a history of falsely labeling residents as gang members, decaying community trust in law enforcement and wrecking job prospects for Black and Latino residents fraudulently entered into a state gang database, five residents said in a federal class action lawsuit Monday.
The database, called CalGang, is estimated to contain profiles of at least 80,000 California residents — the majority people of color — suspected of having gang affiliations.
But LAPD officers violated public trust in the criminal legal system by routinely filing false “field interview cards” classifying people as gang members when they had no such affiliation and then entering the descriptions in CalGang, the plaintiffs say.
One such case involves Sara Ochoa, a correctional officer raised in East LA who was classified as a “gang associate” by police after visiting her old neighborhood.
Jajuan Johnson, a recent high school graduate from South LA and aspiring writer, was falsely labeled as part of the Bloods street gang after LAPD stopped a car he was in and speculated he was a gang member because his cousin was, the lawsuit says.
The policing practice amounts to “racial profiling,” attorneys for Ochoa, Johnson and fellow class members Branden Costa, Antonio May and Michael Perr say in the 19-page complaint.
“This resulted in devastating consequences to putative class members, almost all of whom were Black and Latino, including imprisonment, deprivation of civil rights, and practical consequences such as not being able to obtain a job, rent an apartment, or receive financial aid for college,” the complaint says.
The LAPD criminalizes innocent LA residents by booking them under the auspices of a state law allowing officers to arrest individuals suspected of committing a crime at the direction of a gang organization, according to the lawsuit filed in the Central District of California.
Last month, LA County District Attorney Jackie Lacey took aim at the pattern of false entries into CalGang and charged three LAPD officers with filing false police reports and fabricating documents for court.
In some encounters, the officers — Braxton Shaw, Michael Coblentz and Nicholas Martinez — reported that someone admitted to being a gang member when officers’ body-worn camera video showed residents were never asked about gang affiliation, prosecutors said in a July 10 statement.
Coblentz, Martinez and Shaw — who is accused of falsifying at least 43 interview cards — are among 27 officers under investigation by Lacey’s office.
An LAPD spokesperson said the department does not comment on pending litigation.
Police accountability activists and advocates for youth of color have urged lawmakers for years to reform CalGang, saying the program increases the likelihood of residents wrongfully criminalized.
Last month, California Attorney General Xavier Becerra revoked police agencies’ access to records generated by the LAPD and asked state lawmakers to reform the program.
With the new policy, the California Department of Justice also urged police agencies to internally audit the accuracy of their inputs into CalGang, 25% of which is composed of records produced by LAPD officers.
Becerra’s move came after LAPD Chief Michel Moore permanently withdrew from the database following an internal audit that confirmed a Los Angeles Times report that officers had wrongfully classified residents as suspected gang members without reasonable suspicion.
Humberto M. Guizar, an attorney for the proposed class, did not immediately respond to an emailed request for comment on the lawsuit.


Bolivian Military

ATLANTA — The 11th Circuit vacated an order that overturned a $ 10 million jury award against former Bolivian President @ @ @ @ @ for the killing of eight Bolivian civilians at the hands of the country ’ s @ @


Ballot Order

ST. LOUIS — The Eighth Circuit granted Republicans a stay pending appeal of a federal judge ’ s order awarding @ @ @ @ @ prevent Minnesota from enforcing a law governing the order in which candidates appear on the @ @


Paycheck Protection Program

PORTLAND , Maine — A federal judge in Maine instructed a bankruptcy court to reconsider whether two hospitals currently in @ @ @ @ @ eligibility for a loan under the Paycheck Protection Program established by the CARES Act .


Freedom of Religion

ST. PAUL , Minn. — A federal judge in Minneapolis dismissed the Satanic Temple ’ s free exercise claims seeking @ @ @ @ @ city council members liable for rescinding a city ordinance creating a space in a park @ @ @ @ @ honor veterans .


courthousenews--2020-08-04--Minnesota Waives Witness Requirement for November Mail-In Ballots

ST. PAUL , Minn. ( CN ) — Minnesotans voting by mail in November won ’ t need a witness signature , according to a district judge ’ s approval of a decision by the Secretary of State .
Ramsey County District Judge Sara Grewing approved a consent decree between the NAACP and Minnesota Secretary of State Steve Simon , a Democrat , early Monday evening .
The consent decree suspends a requirement under Minnesota law that absentee ballots be signed by a witness with a Minnesota address .
The NAACP argued this posed an unconstitutional burden in light of @ @ @ @ @ @ @ Minnesota , whose attorneys represented the NAACP , celebrated the ruling .
“ We ’ re pleased that the court approved this agreement , which will remove barriers to voting in the general election for Minnesota voters , especially people who live alone or who are at high risk for Covid-19 , ” ACLU attorney David McKinney said in a statement .
“ No one should have to choose between their health and their fundamental right to vote.
” NAACP Minnesota-Dakotas Area president William Jordan Jr. agreed .
“ This decision is a @ @ @ @ @ @ @ voters and constituents at the center of elections , ” he said in a statement .
“ As we continue to navigate through this Covid-19 pandemic and alternate reality , we must continue to be malleable to the needs of the community .
The health and safety of the electorate during this critical time should be of great concern to all of us.
” Republicans – including Donald Trump ’ s presidential re-election campaign – have opposed the witness-requirement waiver and moved to intervene in the case .
Attorney John Gore of the @ @ @ @ @ @ @ hearing on Friday that removing the requirement could make voter fraud easier and that those who lived alone could have their mail-in ballots signed via Zoom .
Grewing cast doubt on this idea in a memorandum filed alongside her 30-page ruling .
“ Even assuming Ms. Wagner , who is 78 years old and recently diagnosed with pancreatic cancer , will have access to a computer or smart phone and could secure a Zoom account to connect with someone to witness her ballot , it is unclear to this Court how a voter @ @ @ @ @ @ @ ballot , ” Grewing wrote , referencing one of the NAACP ’ s co-plaintiffs .
“ The Committees ’ argument further strains the limits of reasonableness when the Court considers that nearly a quarter of households in Minnesota do not have internet access and the vast majority of public libraries , which may otherwise provide internet access to those who lack it , are closed during the pandemic.
” Grewing also denied the Republicans ’ motion to intervene as a matter of right , finding that they failed to demonstrate an interest that @ @ @ @ @ @ @ witness requirement and that their claim to be the “ mirror image ” of the NAACP failed .
“ The NAACP ’ s interests include enhancing voting rights , improving access to the ballot box , supporting voter turnout , and protecting and increasing participation in free and fair elections , ” she wrote in her ruling .
“ If the Court were to accept the Committees ’ ‘ mirror image ’ reasoning , it would necessitate a finding that the Donald J. Trump for America Campaign has a right to intervene because @ @ @ @ @ @ @ NAACP ’ s interest , its interests include limiting voting rights , decreasing access to the ballot box , suppressing voter turnout and decreasing voter participation in elections .
“ Such a finding , ” she added , “ is an anathema to the interests of justice and would merit denial of the Committee ’ s motion on that argument alone.
” Grewing ’ s decision ran counter to one by federal judge Eric Tostrud , a Trump appointee , who declined to approve a similar consent decree for the state ’ s @ @ @ @ @ @ @ ruling in her memorandum , finding that Minnesota ’ s voter protections supported the NAACP ’ s claims .
However , she rejected a motion for a temporary injunction requiring Simon to send absentee ballots to all of Minnesota ’ s voters .
“ Requiring voters to apply for an absentee ballot if they want one reduces the serious risk of chaos in voting , ” she wrote .
“ The absentee ballot also ensures that those voters who wish to vote absentee receive a ballot where they currently live , instead of @ @ @ @ @ @ @ address under which they were previously registered.
” The decree also allows for ballots to be counted later in November , though all must still be postmarked before Election Day .
That has raised concerns that the results of some races will be delayed as the U.S .
Postal Service struggles with budget cuts and badly slowed mail delivery , according to a July 14 article in the Washington Post .

Minnesotans voting by mail in November won’t need a witness signature, according to a district judge’s approval of a decision by the Secretary of State.
ST. PAUL, Minn. (CN) — Minnesotans voting by mail in November won’t need a witness signature, according to a district judge’s approval of a decision by the secretary of state.
Ramsey County District Judge Sara Grewing approved a consent decree between the NAACP and Minnesota Secretary of State Steve Simon, a Democrat, early Monday evening. The consent decree suspends a requirement under Minnesota law that absentee ballots be signed by a witness with a Minnesota address. The NAACP argued this posed an unconstitutional burden in light of the Covid-19 pandemic.
The ACLU of Minnesota, whose attorneys represented the NAACP, celebrated the ruling.
“We’re pleased that the court approved this agreement, which will remove barriers to voting in the general election for Minnesota voters, especially people who live alone or who are at high risk for Covid-19,” ACLU attorney David McKinney said in a statement. “No one should have to choose between their health and their fundamental right to vote.”
NAACP Minnesota-Dakotas Area president William Jordan Jr. agreed. “This decision is a step in the right direction that places voters and constituents at the center of elections,” he said in a statement. “As we continue to navigate through this Covid-19 pandemic and alternate reality, we must continue to be malleable to the needs of the community. The health and safety of the electorate during this critical time should be of great concern to all of us.”
Republicans – including Donald Trump’s presidential re-election campaign – have opposed the witness-requirement waiver and moved to intervene in the case. Attorney John Gore of the international firm Jones Day argued during a hearing on Friday that removing the requirement could make voter fraud easier and that those who lived alone could have their mail-in ballots signed via Zoom.
Grewing cast doubt on this idea in a memorandum filed alongside her 30-page ruling.
“Even assuming Ms. Wagner, who is 78 years old and recently diagnosed with pancreatic cancer, will have access to a computer or smart phone and could secure a Zoom account to connect with someone to witness her ballot, it is unclear to this Court how a voter could e-notarize the back of her absentee ballot,” Grewing wrote, referencing one of the NAACP’s co-plaintiffs.
“The Committees’ argument further strains the limits of reasonableness when the Court considers that nearly a quarter of households in Minnesota do not have internet access and the vast majority of public libraries, which may otherwise provide internet access to those who lack it, are closed during the pandemic.”
Grewing also denied the Republicans’ motion to intervene as a matter of right, finding that they failed to demonstrate an interest that would be impaired by non-enforcement of the witness requirement and that their claim to be the “mirror image” of the NAACP failed.
“The NAACP’s interests include enhancing voting rights, improving access to the ballot box, supporting voter turnout, and protecting and increasing participation in free and fair elections,” she wrote in her ruling. “If the Court were to accept the Committees’ ‘mirror image’ reasoning, it would necessitate a finding that the Donald J. Trump for America Campaign has a right to intervene because, as the mirror image of the NAACP’s interest, its interests include limiting voting rights, decreasing access to the ballot box, suppressing voter turnout and decreasing voter participation in elections.
“Such a finding,” she added, “is an anathema to the interests of justice and would merit denial of the Committee’s motion on that argument alone.”
Grewing’s decision ran counter to one by federal judge Eric Tostrud, a Trump appointee, who declined to approve a similar consent decree for the state’s August 11 primaries.
Grewing addressed that ruling in her memorandum, finding that Minnesota’s voter protections supported the NAACP’s claims.
However, she rejected a motion for a temporary injunction requiring Simon to send absentee ballots to all of Minnesota’s voters. “Requiring voters to apply for an absentee ballot if they want one reduces the serious risk of chaos in voting,” she wrote. “The absentee ballot also ensures that those voters who wish to vote absentee receive a ballot where they currently live, instead of having one be automatically mailed to an address under which they were previously registered.”
The decree also allows for ballots to be counted later in November, though all must still be postmarked before Election Day. That has raised concerns that the results of some races will be delayed as the U.S. Postal Service struggles with budget cuts and badly slowed mail delivery, according to a July 14 article in the Washington Post.


courthousenews--2020-08-04--Nevada Governor Signs Bill Mandating Mail-In Ballots for All Voters in November

CARSON CITY , Nev. ( CN ) — Nevada Democratic Gov .
Steve Sisolak on Monday signed into law a bill requiring that mail-in ballots be sent to all active voters in the state for the November election in light of the coronavirus pandemic , legislation decried as outrageous by President Trump , who threatened to file a lawsuit .
“ During this global pandemic , I made a commitment that we ’ d do all we can to allow Nevadans to safely cast a ballot in the upcoming November election , ” Sisolak said in a prepared statement .
@ @ @ @ @ @ @ Nevada is widely recognized as being a leader in election administration , and this bill will enable election officials to continue to support the safest , most accessible election possible under these unprecedented circumstances.
” The new election provisions spelled out in the 64-page bill apply when the governor or the Legislature declares a state of emergency or a declaration of disaster .
Legislators approved the measure , Assembly Bill 4 , during a special session .
The vote was along party lines with Democrats in support and Republicans in opposition .
The @ @ @ @ @ @ @ the vote in the other chamber , the Assembly , was 29-12 .
In a tweet on Monday , Trump wrote : “ In an illegal late night coup , Nevada ’ s clubhouse Governor made it impossible for Republicans to win the state .
Post Office could never handle the Traffic of Mail-In Votes without preparation .
Using Covid to steal the state .
See you in Court !
” Nevada Republican Party Chairman Michael McDonald also issued a statement .
“ By throwing the integrity of the election results into question @ @ @ @ @ @ @ voters and legalizing ballot harvesting , Nevada Democrats have proven to be a callous and careless majority that is drunk on power.
” “ Donald J. Trump has no integrity and no scruples , ” Reid said in a prepared statement .
“ That ’ s why he ’ s lying about our state leaders and threatening a bogus lawsuit simply because Democrats made it easier for people to vote .
His desperate tweets are the clearest sign he knows he ’ s going to lose in November .
Trump should be more @ @ @ @ @ @ @ global pandemic and ensuring our economy recovers.
” William McCurdy II , chairman of the Nevada State Democratic Party , said , “ What is really ‘ outrageous ’ is Trump ’ s priorities.
” “ That he would threaten Nevada Democrats ’ work to protect voting access through a crisis of his own making is both despicable and par for the course , ” McCurdy said in prepared remarks .
The legislation doesn ’ t mandate an all-mail election during an emergency .
For primary and general elections , it requires in-person @ @ @ @ @ @ @ early voting and 100 on Election Day in Clark County , the state ’ s most populous county encompassing Las Vegas .
For Washoe County , the other major urban county that includes Reno , at least 15 sites must be open during early voting and 25 on Election Day .
The remaining counties must have at least one site .
The number of in-person sites greatly exceeds those available during the June primary election , conducted mostly by mail , when voters lined up at Clark County ’ s three polling places @ @ @ @ @ @ @ .
The legislation also allows any person — not just a family member — to drop off other voters ’ mail-in ballots , referred to as ballot collecting or harvesting , which Republicans said could lead to fraud .

Nevada Democratic Governor Steve Sisolak on Monday signed into law a bill requiring that mail-in ballots be sent to all active voters in the state for the November election in light of the coronavirus pandemic, legislation decried as outrageous by President Trump, who threatened to file a lawsuit.
CARSON CITY, Nev. (CN) — Nevada Democratic Governor Steve Sisolak on Monday signed into law a bill requiring that mail-in ballots be sent to all active voters in the state for the November election in light of the coronavirus pandemic, legislation decried as outrageous by President Trump, who threatened to file a lawsuit.
“During this global pandemic, I made a commitment that we’d do all we can to allow Nevadans to safely cast a ballot in the upcoming November election,” Sisolak said in a prepared statement.
“As I have said before, Nevada is widely recognized as being a leader in election administration, and this bill will enable election officials to continue to support the safest, most accessible election possible under these unprecedented circumstances.”
The new election provisions spelled out in the 64-page bill apply when the governor or the Legislature declares a state of emergency or a declaration of disaster.
Legislators approved the measure, Assembly Bill 4, during a special session. The vote was along party lines with Democrats in support and Republicans in opposition. The state Senate voted 13-8 in favor; the vote in the other chamber, the Assembly, was 29-12.
In a tweet on Monday, Trump wrote: “In an illegal late night coup, Nevada’s clubhouse Governor made it impossible for Republicans to win the state. Post Office could never handle the Traffic of Mail-In Votes without preparation. Using Covid to steal the state. See you in Court!”
Nevada Republican Party Chairman Michael McDonald also issued a statement. “By throwing the integrity of the election results into question through mandating ballots be sent to all voters and legalizing ballot harvesting, Nevada Democrats have proven to be a callous and careless majority that is drunk on power.”
Nevada Democrats, including former Senate Majority Leader Harry Reid, responded by criticizing Trump’s priorities.
“Donald J. Trump has no integrity and no scruples,” Reid said in a prepared statement. “That’s why he’s lying about our state leaders and threatening a bogus lawsuit simply because Democrats made it easier for people to vote. His desperate tweets are the clearest sign he knows he’s going to lose in November. Trump should be more focused on preventing more deaths from this global pandemic and ensuring our economy recovers.”
William McCurdy II, chairman of the Nevada State Democratic Party, said, “What is really ‘outrageous’ is Trump’s priorities.”
“That he would threaten Nevada Democrats’ work to protect voting access through a crisis of his own making is both despicable and par for the course,” McCurdy said in prepared remarks.
The legislation doesn’t mandate an all-mail election during an emergency. For primary and general elections, it requires in-person polling sites — at least 35 during early voting and 100 on Election Day in Clark County, the state’s most populous county encompassing Las Vegas. For Washoe County, the other major urban county that includes Reno, at least 15 sites must be open during early voting and 25 on Election Day. The remaining counties must have at least one site.
The number of in-person sites greatly exceeds those available during the June primary election, conducted mostly by mail, when voters lined up at Clark County’s three polling places and Washoe County’s lone site.
The legislation also allows any person — not just a family member — to drop off other voters’ mail-in ballots, referred to as ballot collecting or harvesting, which Republicans said could lead to fraud.


courthousenews--2020-08-05--Claims Against Sheriff’s Department Can Proceed in Mass Shooting Case

SACRAMENTO , Calif. ( CN ) — Over two years after a Northern California man shot multiple school children and killed his wife and four others , a federal judge on Tuesday said officers potentially botched opportunities to arrest or disarm the shooter .
Siding with victims and families suing Tehama County on civil rights claims , U.S. District Judge Troy Nunley ruled a jury should decide whether sheriff ’ s deputies had probable cause to suspect gunman Kevin Neal had violated a restraining order .
“ Whether defendants violated this duty is a question for the factfinder , ” @ @ @ @ @ @ @ “ Plaintiffs have pleaded sufficient facts to allege probable cause that Neal had firearms in violation of the restraining order including : the neighbors ’ various reports of Neal shooting ; visible ammunition on Neal ’ s property ; and Neal ’ s alleged statement to an officer that he had been shooting but in a safe manner.
” The morning after he murdered and dumped his wife ’ s body under their mobile home , Neal killed two neighbors , stole their truck and headed toward a nearby elementary school .
On @ @ @ @ @ @ @ driving through Rancho Tehama Reserve , an unincorporated community approximately 135 miles north of Sacramento , killing two more people .
The 44-year-old gunman opened fire on seven different sites – including an elementary school – before he ended the shootout with law enforcement by shooting himself in the head from the driver ’ s seat .
Following the November 2017 incident , Tehama County Assistant Sheriff Phil Johnston said it appeared Neal was “ randomly picking targets.
” Fortunately , no children were killed – the incident started before classes began , @ @ @ @ @ @ @ school officials with taking quick action to lock down the campus .
The department says Neal was wearing a bulletproof vest and that they recovered a semiautomatic rifle and two handguns that weren ’ t registered in his name .
Over the next year , victims filed seven federal lawsuits against the county , claiming the sheriff ’ s department neglected to enforce a restraining order that could have prevented the incident .
Earlier in 2017 , a judge ordered Neal to surrender his firearms after he was arrested for allegedly attacking his @ @ @ @ @ @ @ Eastern District of California , the plaintiffs claim the sheriff ’ s department knew Neal was shooting guns from his property and should have obtained a search warrant .
They say spent ammunition littered Neal ’ s property and that neighbors even complained about gunshots just three weeks before the mass shooting .
The sweeping lawsuits , which have been combined , accused the county , the department and Neal ’ s estate of over 20 total claims , including failure to enforce the restraining order , negligent training , failure to provide @ @ @ @ @ @ @ public nuisance .
Instead of confiscating the weapons or arresting Neal , the victims contend the department reacted with incompetence .
“ On the rare occasion the department did respond , the sheriff ’ s office would attempt to reach Neal by phone and give up if there was no answer , or visit the scene and if it was ‘ quiet ’ when the sheriff arrived , would not pursue it further , stating that they would have to witness shots fired , in order to do anything , even though Neal @ @ @ @ @ @ @ or any kind of ammunition and his property was littered with shell casings , bullet holes and ammunition , ” the plaintiffs stated in their complaint .
In subsequent briefs , the county moved to dismiss the lawsuits as being built on a “ mountain of conjecture and speculation , ” claiming it wasn ’ t responsible for Neal ’ s murders .
“ When law enforcement investigated the calls they did not find probable cause to search [ Neal ’ s ] house or arrest him , ” the county countered .
@ @ @ @ @ @ @ he would later go on a murder spree.
” While Judge Nunley on Tuesday dismissed most of the plaintiffs ’ claims , their attempt to hold the county and sheriff accountable will proceed .
“ This is a case grounded in tragic circumstances , ” the judge wrote .
Neither the Tehama County Sheriff ’ s Department or plaintiffs ’ lawyers at Barr and Mudford of Redding , California , responded to a request for comment .

Claims Against Sheriff’s Department Can Proceed in Mass-Shooting Case
SACRAMENTO, Calif. (CN) — Over two years after a Northern California man shot multiple school children and killed his wife and four others, a federal judge on Tuesday said officers potentially botched opportunities to arrest or disarm the shooter.
Siding with victims and families suing Tehama County on civil rights claims, U.S. District Judge Troy Nunley ruled a jury should decide whether sheriff’s deputies had probable cause to suspect gunman Kevin Neal had violated a restraining order.
“Whether defendants violated this duty is a question for the factfinder,” Nunley’s 31-page order states. “Plaintiffs have pleaded sufficient facts to allege probable cause that Neal had firearms in violation of the restraining order including: the neighbors’ various reports of Neal shooting; visible ammunition on Neal’s property; and Neal’s alleged statement to an officer that he had been shooting but in a safe manner.”
The morning after he murdered and dumped his wife’s body under their mobile home, Neal killed two neighbors, stole their truck and headed toward a nearby elementary school. On the way, Neal fired indiscriminately while driving through Rancho Tehama Reserve, an unincorporated community approximately 135 miles north of Sacramento, killing two more people.
The 44-year-old gunman opened fire on seven different sites — including an elementary school — before he ended the shootout with law enforcement by shooting himself in the head from the driver’s seat.
Following the November 2017 incident, Tehama County Assistant Sheriff Phil Johnston said it appeared Neal was “randomly picking targets.” Fortunately, no children were killed — the incident started before classes began, and the sheriff’s department credited school officials with taking quick action to lock down the campus.
The department says Neal was wearing a bulletproof vest and that they recovered a semiautomatic rifle and two handguns that weren’t registered in his name.
Over the next year, victims filed seven federal lawsuits against the county, claiming the sheriff’s department neglected to enforce a restraining order that could have prevented the incident.
Earlier in 2017, a judge ordered Neal to surrender his firearms after he was arrested for allegedly attacking his neighbors.
In lawsuits filed in the Eastern District of California, the plaintiffs claim the sheriff’s department knew Neal was shooting guns from his property and should have obtained a search warrant. They say spent ammunition littered Neal’s property and that neighbors even complained about gunshots just three weeks before the mass shooting.
The sweeping lawsuits, which have been combined, accused the county, the department and Neal’s estate of over 20 total claims, including failure to enforce the restraining order, negligent training, failure to provide speedy medical care to shooting victims and public nuisance.
Instead of confiscating the weapons or arresting Neal, the victims contend the department reacted with incompetence.
“On the rare occasion the department did respond, the sheriff's office would attempt to reach Neal by phone and give up if there was no answer, or visit the scene and if it was ‘quiet’ when the sheriff arrived, would not pursue it further, stating that they would have to witness shots fired, in order to do anything, even though Neal was not allowed to have a firearm or any kind of ammunition and his property was littered with shell casings, bullet holes and ammunition,” the plaintiffs stated in their complaint.
In subsequent briefs, the county moved to dismiss the lawsuits as being built on a “mountain of conjecture and speculation,” claiming it wasn’t responsible for Neal’s murders.
“When law enforcement investigated the calls they did not find probable cause to search [Neal’s] house or arrest him,” the county countered. “No one could have predicted that he would later go on a murder spree.”
While Judge Nunley on Tuesday dismissed most of the plaintiffs’ claims, their attempt to hold the county and sheriff accountable will proceed.
“This is a case grounded in tragic circumstances,” the judge wrote.
Neither the Tehama County Sheriff’s Department or plaintiffs’ lawyers at Barr and Mudford of Redding, California, responded to a request for comment.


courthousenews--2020-08-05--LA Oil Facility Hit With Criminal Charges Over Leaks, Fumes

LOS ANGELES ( CN ) — The operators of a neighborhood oil drilling operation will face criminal charges for environmental and health violations stemming from noxious fumes that made south Los Angeles residents ill. Six years ago , AllenCo Energy voluntarily shut down its site after state inspectors became ill during a site visit .
For years , residents had complained of waking with nose bleeds , headaches and other ailments they blamed on operations at the oil facility .
The Archdiocese of Los Angeles owns the property in the University Park neighborhood near the University of Southern California and @ @ @ @ @ @ @ The oil drill site is surrounded by homes and the private Catholic Mount Saint Mary ’ s University , Los Angeles .
The St. James oil wells located at the AllenCo site have had numerous leaks including in the fall of 2019 according to LA City Attorney Mike Feuer .
The operators did not turn on a monitoring system that would have tracked any harmful vapors that could have leaked from the site .
Feuer said AllenCo refused to turn on the system .
The misdemeanor complaint names AllenCo Energy and the company @ @ @ @ @ @ @ Clifford Peter Allen .
The charges announced Tuesday are for failure to comply with an order from the California Geologic Energy Management Division ( CalGEM ) to put in place a plan to shut down the operation .
The wells at the site have not been in use for several years , which means they are nonoperational according to the criminal complaint filed on Monday .
CalGEM ordered the 21 oil wells depressurized , but the oil operators appealed the decision and have not complied with the state ’ s orders .
CalGEM @ @ @ @ @ @ @ in March but there has been no response from the oil operators .
The Los Angeles Fire Department have also issued notices on the wells ’ nonoperational status .
“ These sweeping new charges show that we won ’ t allow AllenCo to continue allegedly defying the law and disregarding its neighbors when it comes to environmental safety and health protections , ” Feuer said in a statement .
“ This is a matter of environmental justice.
” Nancy Halpern Ibrahim , executive director of the nonprofit Esperanza Community Housing Corporation and organizers @ @ @ @ @ @ @ Pozos ( People , Not Oil Wells ) initiative called the charges against AllenCo long overdue .
“ Even during the site ’ s long closure , our residents witnessed many leaks from the oil wells , ” said Ibrahim in a statement .
“ When they raised concerns for their health to the proper agencies , they received an utter lack of responsiveness .
It ’ s been a long time coming , but this is a great relief to the communities that AllenCo is being charged and will be criminally compelled @ @ @ @ @ @ @ Hugo Garcia with Esperanza Housing said , “ So far , state laws that hold oil companies responsible for cleaning up idle oil wells have not been enforced , and it points to the need for new laws in the books to protect people , not polluters.
” In a statement , CalGEM state oil and gas supervisor Uduak-Joe Ntuk said the AllenCo Energy “ facility continues to be a potential risk to public health , safety , and the environment.
” An email and phone call to the AllenCo operations were not @ @ @ @ @

The operators of a neighborhood oil drilling operation will face criminal charges for environmental and health violations stemming from noxious fumes that made south Los Angeles residents ill.
LOS ANGELES (CN) — The operators of a neighborhood oil-drilling operation will face criminal charges for environmental and health violations stemming from noxious fumes that made south Los Angeles residents ill.
Six years ago, AllenCo Energy voluntarily shut down its site after state inspectors became ill during a site visit. For years, residents had complained of waking with nose bleeds, headaches and other ailments they blamed on operations at the oil facility.
The Archdiocese of Los Angeles owns the property in the University Park neighborhood near the University of Southern California and leases it to the oil operators. The oil drill site is surrounded by homes and the private Catholic Mount Saint Mary’s University, Los Angeles.
The St. James oil wells located at the AllenCo site have had numerous leaks including in the fall of 2019 according to LA City Attorney Mike Feuer.
The operators did not turn on a monitoring system that would have tracked any harmful vapors that could have leaked from the site. Feuer said AllenCo refused to turn on the system.
The misdemeanor complaint names AllenCo Energy and the company’s officers, Timothy Parker and Clifford Peter Allen. The charges announced Tuesday are for failure to comply with an order from the California Geologic Energy Management Division (CalGEM) to put in place a plan to shut down the operation.
The wells at the site have not been in use for several years, which means they are nonoperational according to the criminal complaint filed on Monday.
CalGEM ordered the 21 oil wells depressurized, but the oil operators appealed the decision and have not complied with the state’s orders. CalGEM asked that the court reaffirm the order in March but there has been no response from the oil operators.
The Los Angeles Fire Department have also issued notices on the wells’ nonoperational status.
“These sweeping new charges show that we won’t allow AllenCo to continue allegedly defying the law and disregarding its neighbors when it comes to environmental safety and health protections,” Feuer said in a statement. “This is a matter of environmental justice.”
Nancy Halpern Ibrahim, executive director of the nonprofit Esperanza Community Housing Corporation and organizers behind the neighborhood’s People Not Pozos (People, Not Oil Wells) initiative called the charges against AllenCo long overdue.
“Even during the site’s long closure, our residents witnessed many leaks from the oil wells,” said Ibrahim in a statement. “When they raised concerns for their health to the proper agencies, they received an utter lack of responsiveness. It’s been a long time coming, but this is a great relief to the communities that AllenCo is being charged and will be criminally compelled to resolve these problems.”
Community organizer Hugo Garcia with Esperanza Housing said, “So far, state laws that hold oil companies responsible for cleaning up idle oil wells have not been enforced, and it points to the need for new laws in the books to protect people, not polluters.”
In a statement, CalGEM state oil and gas supervisor Uduak-Joe Ntuk said the AllenCo Energy “facility continues to be a potential risk to public health, safety, and the environment.”
An email and phone call to the AllenCo operations were not immediately answered for comment.


courthousenews--2020-08-04--Evidence Destruction Case Against ‘Doomsday’ Dad Headed to Trial

( CN ) — An Idaho judge ruled from the bench Tuesday that there is enough evidence to warrant a trial in the case of a man accused of destroying evidence related to the murders of his wife ’ s two children , whose bodies were found on his property in June .
Magistrate Judge Faren Eddins found Idaho prosecutors fully met their burden of establishing probable cause to try Chad Daybell on charges of evidence destruction and conspiracy to destroy evidence .
Authorities charged Daybell after they found the remains of his wife Lori Vallow ’ s children , @ @ @ @ @ @ @ , and Tylee Ryan , 16 , buried on Daybell ’ s Idaho property .
Tuesday ’ s ruling comes after two days of gruesome witness testimony and after Daybell ’ s attorney John Prior argued the state was “ not even close ” to establishing any kind of conspiracy .
Prior told Eddins the state had not produced a timeline for when any crimes supposedly occurred and that the charges against Daybell should be dismissed .
But Eddins found that the testimony from several witnesses and evidence shown in nearly three dozen @ @ @ @ @ @ @ hold Daybell over for trial .
While most of Monday ’ s hearing was spent on the initial timeline of JJ and Tylee ’ s disappearance this past fall and the discovery of their bodies in June , most of Tuesday morning was spent hearing testimony from Melanie Gibb and her boyfriend David Warwick , two people who were close to Daybell and Vallow around the time that JJ and Tylee were last seen .
During cross-examination by Prior , Gibb testified that she first met Daybell at a disaster “ preparedness camp @ @ @ @ @ @ @ in Morgan , Utah , two or three years ago .
Gibb said the camp taught people how to filter their own water and prepare for sudden electricity outages , but attendees also shared personal stories on spiritual experiences , dreams and visions .
Gibb said she met Vallow at a separate event at a Mormon church and then again at a St. George , Utah , conference that also covered subjects like spiritual dreams and visions .
Gibb ’ s testimony lines up with what ’ s known about the apocalyptic beliefs @ @ @ @ @ @ @ some family members reportedly suggesting that Vallow and Daybell are members of a doomsday cult .
According to local news reports , Daybell was reportedly tasked by Vallow to gauge the “ light or dark spirits ” of JJ and Tylee using a special number-based rubric .
According to the rubric , two or three scores were “ fluid ” and could “ change sides during Earth life ” while those with a 4.1 rating or above “ rarely switched sides.
” This led Daybell to send Vallow an email stating that Tylee @ @ @ @ @ @ @ was 4.2 light spirit — an email sent less than 11 months before the children disappeared .
Daybell also reportedly predicted the end of the world would take place sometime in July , a date that has since come and gone .
The court then heard from David Warwick , whose testimony largely focused on the night of Sept. 22 , 2019 , and the following morning , roughly around the time JJ and Tylee were last seen .
On the stand , Warwick testified about the night he and Gibb went to @ @ @ @ @ @ @ podcast and that later in the evening , Warwick saw Vallow ’ s brother Alex Cox show up with JJ before taking him to bed .
Warwick testified that the following morning he went downstairs and asked where JJ was .
Vallow told him JJ was “ acting like a zombie ” by climbing on the cabinets and fridge , knocking down a picture of Jesus Christ in the process .
Warwick asked if he could see JJ , but Vallow told him that he was too “ out of control ” and @ @ @ @ @ @ @ get him .
A few months later , Vallow ’ s brother was found dead in Arizona .
His death remains under investigation .
Cox ’ s death , however , is not the only one tied to Daybell and Vallow .
The deaths of Vallow ’ s third husband Joseph Ryan and fourth husband Charles Vallow , who was shot and killed by Cox in an incident that police initially determined was self-defense , have both received renewed scrutiny since the disappearance of JJ and Tylee .
Meanwhile , the death of @ @ @ @ @ @ @ , who died just two weeks before Chad and Vallow got married , has also been subject of a fresh investigation despite at first being classified as natural when Chad Daybell reportedly refused to allow an autopsy .
A portion of Tuesday ’ s hearing was also spent on a phone call that took place between Daybell and Vallow , who was in jail at the time , while police conducted the search on Daybell ’ s property that ultimately led to the discovery of JJ and Tylee ’ s remains .
In @ @ @ @ @ @ @ Judge Eddins conceded was difficult to properly hear — Daybell can heard telling Vallow that the police were “ searching the property.
” Vallow asks if he means they are searching the house at that moment , and when he answers yes , she asks him if they “ seizing stuff.
” Daybell tells her that they will see what happens and tells her they ’ ll talk again soon before ending the call .
Several law enforcement officials also testified Tuesday about the details of phone records , cellphone pings from Alex @ @ @ @ @ @ @ s property , emails and things that led them to search Daybell ’ s property and helped establish a timeline of JJ and Tylee ’ s disappearance .
With Daybell ’ s hearing concluded , the case has been handed to District Judge Steven Boyce for arraignment Aug. 21 .
The preliminary hearing in the case against Lori Vallow kicks off Aug. 10 .

An Idaho judge ruled from the bench Tuesday that there is enough evidence to warrant a trial in the case of a man accused of destroying evidence related to the murders of his wife’s two children, whose bodies were found on his property in June.
(CN) — An Idaho judge ruled from the bench Tuesday that there is enough evidence to warrant a trial in the case of a man accused of destroying evidence related to the murders of his wife’s two children, whose bodies were found on his property in June.
Magistrate Judge Faren Eddins found Idaho prosecutors fully met their burden of establishing probable cause to try Chad Daybell on charges of evidence destruction and conspiracy to destroy evidence. Authorities charged Daybell after they found the remains of his wife Lori Vallow’s children, Joshua “JJ” Vallow, 7, and Tylee Ryan, 16, buried on Daybell’s Idaho property.
Tuesday’s ruling comes after two days of gruesome witness testimony and after Daybell’s attorney John Prior argued the state was “not even close” to establishing any kind of conspiracy. Prior told Eddins the state had not produced a timeline for when any crimes supposedly occurred and that the charges against Daybell should be dismissed.
But Eddins found that the testimony from several witnesses and evidence shown in nearly three dozen exhibits during the hearings were sufficient to hold Daybell over for trial.
While most of Monday’s hearing was spent on the initial timeline of JJ and Tylee’s disappearance this past fall and the discovery of their bodies in June, most of Tuesday morning was spent hearing testimony from Melanie Gibb and her boyfriend David Warwick, two people who were close to Daybell and Vallow around the time that JJ and Tylee were last seen.
During cross-examination by Prior, Gibb testified that she first met Daybell at a disaster “preparedness camp” put on by the Mormon church in Morgan, Utah, two or three years ago. Gibb said the camp taught people how to filter their own water and prepare for sudden electricity outages, but attendees also shared personal stories on spiritual experiences, dreams and visions.
FILE - This combination photo of undated photos released by National Center for Missing & Exploited Children show missing children Joshua “JJ” Vallow, left, and Tylee Ryan. Their relatives are offering a $20,000 reward for information leading to their recovery. (National Center for Missing & Exploited Children via AP, File)
Gibb said she met Vallow at a separate event at a Mormon church and then again at a St. George, Utah, conference that also covered subjects like spiritual dreams and visions.
Gibb’s testimony lines up with what’s known about the apocalyptic beliefs Vallow and Daybell held together, with some family members reportedly suggesting that Vallow and Daybell are members of a doomsday cult.
According to local news reports, Daybell was reportedly tasked by Vallow to gauge the “light or dark spirits” of JJ and Tylee using a special number-based rubric. According to the rubric, two or three scores were “fluid” and could “change sides during Earth life” while those with a 4.1 rating or above “rarely switched sides.”
This led Daybell to send Vallow an email stating that Tylee was a 4.1 dark spirit and JJ was 4.2 light spirit — an email sent less than 11 months before the children disappeared.
Daybell also reportedly predicted the end of the world would take place sometime in July, a date that has since come and gone.
The court then heard from David Warwick, whose testimony largely focused on the night of Sept. 22, 2019, and the following morning, roughly around the time JJ and Tylee were last seen. On the stand, Warwick testified about the night he and Gibb went to Vallow’s house to record a podcast and that later in the evening, Warwick saw Vallow’s brother Alex Cox show up with JJ before taking him to bed.
Warwick testified that the following morning he went downstairs and asked where JJ was. Vallow told him JJ was “acting like a zombie” by climbing on the cabinets and fridge, knocking down a picture of Jesus Christ in the process. Warwick asked if he could see JJ, but Vallow told him that he was too “out of control” and that she had had her brother come get him.
A few months later, Vallow’s brother was found dead in Arizona. His death remains under investigation.
Cox’s death, however, is not the only one tied to Daybell and Vallow. The deaths of Vallow’s third husband Joseph Ryan and fourth husband Charles Vallow, who was shot and killed by Cox in an incident that police initially determined was self-defense, have both received renewed scrutiny since the disappearance of JJ and Tylee.
Meanwhile, the death of Daybell’s former wife Tammy Daybell, who died just two weeks before Chad and Vallow got married, has also been subject of a fresh investigation despite at first being classified as natural when Chad Daybell reportedly refused to allow an autopsy.
A portion of Tuesday’s hearing was also spent on a phone call that took place between Daybell and Vallow, who was in jail at the time, while police conducted the search on Daybell’s property that ultimately led to the discovery of JJ and Tylee’s remains.
FILE - In this March 6, 2020, file photo, Lori Vallow Daybell glances at the camera during her hearing. (John Roark/The Idaho Post-Register via AP, Pool, File)
In a recording of the call — which Judge Eddins conceded was difficult to properly hear — Daybell can heard telling Vallow that the police were “searching the property.” Vallow asks if he means they are searching the house at that moment, and when he answers yes, she asks him if they “seizing stuff.” Daybell tells her that they will see what happens and tells her they’ll talk again soon before ending the call.
Several law enforcement officials also testified Tuesday about the details of phone records, cellphone pings from Alex Cox’s phone on Daybell’s property, emails and things that led them to search Daybell’s property and helped establish a timeline of JJ and Tylee’s disappearance.
With Daybell’s hearing concluded, the case has been handed to District Judge Steven Boyce for arraignment Aug. 21.
The preliminary hearing in the case against Lori Vallow kicks off Aug. 10.