courthousenews--2020-09-02--Breonna Taylor’s Boyfriend Sues Louisville Police

LOUISVILLE , Ky. ( CN ) — Kenneth Walker , the boyfriend of the late Breonna Taylor , is asking the court for immunity from prosecution for firing his gun at police the night they entered Taylor ’ s apartment and killed her .
In his lawsuit filed Tuesday , Walker argues that Kentucky ’ s “ stand your ground law ” protects him from any criminal liability as he was acting in self-defense on the night of March 13 , when he fired a single gunshot at officers as they entered Taylor ’ s home .
Walker was originally @ @ @ @ @ @ @ police officer and while those charges were later dropped , the lawsuit is seeking protection against any further charges stemming from his actions .
“ The charges brought against me were meant to silence me and cover up Breonna ’ s murder , ’ Walker said at press conference held Tuesday .
“ For her and those that I love , I can no longer remain silent.
” The complaint alleges that in the early morning of March 13 , during a search for illegal drugs , police failed to identify themselves while @ @ @ @ @ @ @ Taylor ’ s home .
Walker claims that he and Taylor were in bed , when they heard a “ loud boom ” at the door , and after retrieving their clothes Taylor repeatedly asked “ who is it ?
” in response to the knocking but heard no answer .
When police threw open the front door , Walker fired a single shot at what he believed to be an intruder who was illegally entering the apartment .
What came next , according to the complaint , was the firing of roughly @ @ @ @ @ @ @ , which resulted in the death of the 26-year old Taylor .
During the event , an officer was struck with a bullet , which led to the Walker ’ s arrest and the filing of the now dismissed charges .
The complaint states that Walker told police that he heard no officers announce themselves , only banging at the door .
Steven Romines , one of Walker ’ s attorneys who joined him at the Tuesday press conference , said it is unclear that it was even the bullet from Walker ’ @ @ @ @ @ @ @ “ We think it is much more likely that one of the 35 to 45 shots fired by LMP is what struck Officer Mattingly , ” Romines said .
However , protection against further prosecution is only a part of what Walker ’ s lawsuit is seeking .
He is also seeking damages for assault and battery for the shots they fired into the apartment and their actions during his arrest .
Walker claims that after the shooting was done , and despite fully complying with police commands , he was threatened with @ @ @ @ @ @ @ who said , “ I ’ m going to let this dog go , if you don ’ t get on your knees.
” After being placed in handcuffs , the lawsuit claims that another officer told Walker “ You ’ re going to jail for the rest of your life.
” “ Kenny continues to reel from the death of the love of his life , but he is also the victim and survivor of police misconduct — misconduct that threatens his freedom to this day .
Kenny , who has already @ @ @ @ @ @ @ from those who consider him a danger and seek to take away his freedom again , ” the complaint states .
Walker is asking the court to find that the Louisville/Jefferson County Metro Government does not have immunity against his claims , and he seeks an unspecified amount of monetary damages .
“ Plaintiff is entitled to compensatory damages for the trauma , humiliation , indignity , physical pain , mental suffering , or mental anguish he suffered , including the negligent infliction of severe emotional distress as a result of witnessing the @ @ @ @ @ @ @ ” the complaint states .
Another one of Walker ’ s attorneys , Fredrick Moore , spoke to exactly how profound of an effect the events have had on Walker .
“ His entire life has been changed .
Not only is the love of his life gone , and he has had to deal with that .
But let ’ s also talk about the potential psychological effects of being shot at that many times in the dark , ” said Moore at a press conference .
Walker ’ s lawsuit comes @ @ @ @ @ @ @ plea deal of an accused drug trafficker would have implicated Taylor .
Sam Aguiar , attorney for the Taylor family , claims in a social media post that a plea offer to Taylor ’ s ex-boyfriend Jamarcus Glover , lists Taylor as a “ co-defendant ” in activities that extend weeks past her death .
Glover and others were arrested on drugs charges the same night Taylor was shot and killed by police .
Kentucky Commonwealth attorney Thomas Wine released a statement Monday denying that Taylor was ever a defendant in the Glover @ @ @ @ @ @ @ a Co-Defendant in the Jamarcus Glover case .
A case including Breonna Taylor as a Co-Defendant was never presented to the Grand Jury nor did our office ever consider presenting one to the Grand Jury with her name .
Our office has not and does not posthumously indict any person who is deceased , ” Wine said .
“ The plea sheet that Sam Aguiar posted on Facebook was a draft that was part of preindictment plea negotiations with Mr. Glover and his attorney .
Those drafts were never part of the court @ @ @ @ @ @ @ Taylor ’ s death has sparked months of national outrage and protests , in part because none of the officers involved in her death have been criminally charged .
Only one officer , Brett Hankison has been fired .

Kenneth Walker, the boyfriend of the late Breonna Taylor, is asking the court for immunity from prosecution for firing his gun at police the night they entered Taylor’s apartment and killed her.
LOUISVILLE, Ky. (CN) — Kenneth Walker, the boyfriend of the late Breonna Taylor, is asking the court for immunity from prosecution for firing his gun at police the night they entered Taylor’s apartment and killed her.
In his lawsuit filed Tuesday, Walker argues that Kentucky’s “stand your ground law” protects him from any criminal liability as he was acting in self-defense on the night of March 13, when he fired a single gunshot at officers as they entered Taylor’s home.
Walker was originally charged with the attempted murder of a police officer and while those charges were later dropped, the lawsuit is seeking protection against any further charges stemming from his actions.
“The charges brought against me were meant to silence me and cover up Breonna’s murder,’ Walker said at press conference held Tuesday. “For her and those that I love, I can no longer remain silent.”
The complaint alleges that in the early morning of March 13, during a search for illegal drugs, police failed to identify themselves while knocking on the door and before entering Taylor’s home.
Walker claims that he and Taylor were in bed, when they heard a “loud boom” at the door, and after retrieving their clothes Taylor repeatedly asked “who is it?” in response to the knocking but heard no answer.
When police threw open the front door, Walker fired a single shot at what he believed to be an intruder who was illegally entering the apartment.
What came next, according to the complaint, was the firing of roughly 35 shots into the apartment by police, which resulted in the death of the 26-year old Taylor.
During the event, an officer was struck with a bullet, which led to the Walker’s arrest and the filing of the now dismissed charges. The complaint states that Walker told police that he heard no officers announce themselves, only banging at the door.
Steven Romines, one of Walker’s attorneys who joined him at the Tuesday press conference, said it is unclear that it was even the bullet from Walker’s gun that struck the officer.
“We think it is much more likely that one of the 35 to 45 shots fired by LMP is what struck Officer Mattingly,” Romines said.
However, protection against further prosecution is only a part of what Walker’s lawsuit is seeking. He is also seeking damages for assault and battery for the shots they fired into the apartment and their actions during his arrest.
Walker claims that after the shooting was done, and despite fully complying with police commands, he was threatened with a police dog by an unknown officer who said, “I’m going to let this dog go, if you don’t get on your knees.”
After being placed in handcuffs, the lawsuit claims that another officer told Walker “You’re going to jail for the rest of your life.”
“Kenny continues to reel from the death of the love of his life, but he is also the victim and survivor of police misconduct — misconduct that threatens his freedom to this day. Kenny, who has already sustained life-long trauma, still fears harm from those who consider him a danger and seek to take away his freedom again,” the complaint states.
Walker is asking the court to find that the Louisville/Jefferson County Metro Government does not have immunity against his claims, and he seeks an unspecified amount of monetary damages.
“Plaintiff is entitled to compensatory damages for the trauma, humiliation, indignity, physical pain, mental suffering, or mental anguish he suffered, including the negligent infliction of severe emotional distress as a result of witnessing the shooting and death of Breonna Taylor,” the complaint states.
Another one of Walker’s attorneys, Fredrick Moore, spoke to exactly how profound of an effect the events have had on Walker.
“His entire life has been changed. Not only is the love of his life gone, and he has had to deal with that. But let’s also talk about the potential psychological effects of being shot at that many times in the dark,” said Moore at a press conference.
Walker’s lawsuit comes on the heels of reports that a plea deal of an accused drug trafficker would have implicated Taylor.
Sam Aguiar, attorney for the Taylor family, claims in a social media post that a plea offer to Taylor’s ex-boyfriend Jamarcus Glover, lists Taylor as a “co-defendant” in activities that extend weeks past her death.
Glover and others were arrested on drugs charges the same night Taylor was shot and killed by police.
Kentucky Commonwealth attorney Thomas Wine released a statement Monday denying that Taylor was ever a defendant in the Glover case.
“Breonna Taylor was never a Co-Defendant in the Jamarcus Glover case. A case including Breonna Taylor as a Co-Defendant was never presented to the Grand Jury nor did our office ever consider presenting one to the Grand Jury with her name. Our office has not and does not posthumously indict any person who is deceased,” Wine said. “The plea sheet that Sam Aguiar posted on Facebook was a draft that was part of preindictment plea negotiations with Mr. Glover and his attorney. Those drafts were never part of the court record and are not court documents.”
Taylor’s death has sparked months of national outrage and protests, in part because none of the officers involved in her death have been criminally charged. Only one officer, Brett Hankison has been fired.


courthousenews--2020-09-02--Big Basin Redwoods State Park to Stay Closed for a Year as Wildfires Ravage California

( CN ) — A victim of rare summer thunderstorms that besieged Northern California on all sides with smoke and flames , California ’ s oldest state park with its majestic old-growth redwoods will remain closed for at least another year .
The revelation came Tuesday after Governor Gavin Newsom , along with federal and state officials , surveyed wildfire damage caused to Big Basin Redwoods State Park in the Santa Cruz Mountains .
With trees still smoldering over two weeks after the wildfire ignited , the officials walked through the park ’ s famous “ Auto Tree ” and @ @ @ @ @ @ @ center and amphitheater .
“ If this is not a gut punch , then you ’ re not truly conscious as a human being , ” Newsom told reporters .
The blaze responsible for the closure is the CZU Lightning Complex burning in Santa Cruz and San Mateo counties .
One of hundreds that ignited in the San Francisco Bay Area after a mid-August dry-lightning siege , the CZU Fire has become the latest poster child for climate change in the nation ’ s most populous state .
The coastal wildfire caused the @ @ @ @ @ @ @ with the University of California , Santa Cruz , and has burned nearly 1,5000 structures .
Aided by a record heatwave and the disappearance of the region ’ s usually reliable marine layer , the fire has charred dense coastal forests that haven ’ t seen a major wildfire in decades and burned west all the way to the sandy beaches of Santa Cruz .
Two weeks since its ignition , the CZU Fire has burned over 85,000 acres and is 43 % contained as of Tuesday .
While experts believe most of @ @ @ @ @ @ @ withstood the fire , the forest itself remains badly burned and full of potential hazards for visitors .
As a result , the park will stay closed to the public for at least 12 months , according to Chris Spohrer , a state parks superintendent who led Tuesday ’ s tour .
Spohrer explained that park officials will need to determine whether damaged trees need to be removed in the coming months and that the resulting fire scars will increase the potential for floods and mudslides this winter .
“ My heart really @ @ @ @ @ @ @ press pool reporter of witnessing the damage to the park founded in 1902 .
“ The memories here .
The generational commitment … this is a really meaningful place to all of us.
” Newsom was also joined on the Big Basin tour by the head of the California Department of Forestry and Fire Protection Thom Porter as well as Federal Emergency Management Agency administrator Peter Gaynor .
California ’ s wildfire season is off to a blistering start as the state has already seen more than 900 new fires since the mass-lightning @ @ @ @ @ @ @ Over 15,600 firefighters are currently battling the blazes that have burned 1.48 million acres , an area the size of Delaware .
In welcome news , crews have been able to take advantage in recent days of cooler weather and greatly increased containment over the CZU Fire and the state ’ s other major fires .
The state ’ s main focus has been several so-called lightning complex fires burning in the greater San Francisco Bay Area .
A trio of fires caused over 100,000 people to temporarily flee their homes and simultaneously @ @ @ @ @ @ @ .
At over 375,000 acres burned , the LNU Lightning Complex Fire is now officially the third largest fire in state history .
Over 2,700 firefighters have been assigned to the blaze which has killed five and destroyed 1200 homes and structures in Napa , Lake , Sonoma , Solano and Yolo counties .
As of Tuesday , the LNU Fire was 69 % contained .
To the southeast , the SCU Fire has blackened 390,000 acres and destroyed 120 structures in San Joaquin , Stanislaus , Santa Clara , Alameda , Contra @ @ @ @ @ @ @ dozen crews and 1,700 firefighters have the second largest fire in state history 70 % contained .
In another lightning complex burning north of the Bay Area , the Butte/Tehama/Glenn Fire has burned 60,000 acres on state and federal land .
Recent north winds have funneled smoke from the fire south , diminishing already poor air quality that has plagued Sacramento and the Bay Area for over two weeks.Meanwhile a companion fire burning in Tehama County , the August Complex , has grown to 242,000 acres in the Mendocino National Forest .
Federal @ @ @ @ @ @ @ , but one firefighter died and another was injured on Monday fighting the complex .

A victim of rare summer thunderstorms that besieged Northern California on all sides with smoke and flames, California’s oldest state park with its majestic old-growth redwoods will remain closed for at least another year.
(CN) — A victim of rare summer thunderstorms that besieged Northern California on all sides with smoke and flames, California’s oldest state park with its majestic old-growth redwoods will remain closed for at least another year.
The revelation came Tuesday after Governor Gavin Newsom, along with federal and state officials, surveyed wildfire damage caused to Big Basin Redwoods State Park in the Santa Cruz Mountains. With trees still smoldering over two weeks after the wildfire ignited, the officials walked through the park’s famous “Auto Tree” and toured a burnt-out former visitor’s center and amphitheater.
“If this is not a gut punch, then you’re not truly conscious as a human being,” Newsom told reporters.
The blaze responsible for the closure is the CZU Lightning Complex burning in Santa Cruz and San Mateo counties. One of hundreds that ignited in the San Francisco Bay Area after a mid-August dry-lightning siege, the CZU Fire has become the latest poster child for climate change in the nation’s most populous state.
The coastal wildfire caused the evacuation of more than 75,000 residents along with the University of California, Santa Cruz, and has burned nearly 1,5000 structures. Aided by a record heatwave and the disappearance of the region’s usually reliable marine layer, the fire has charred dense coastal forests that haven’t seen a major wildfire in decades and burned west all the way to the sandy beaches of Santa Cruz.
Two weeks since its ignition, the CZU Fire has burned over 85,000 acres and is 43% contained as of Tuesday.
While experts believe most of Big Basin’s majestic redwoods have withstood the fire, the forest itself remains badly burned and full of potential hazards for visitors. As a result, the park will stay closed to the public for at least 12 months, according to Chris Spohrer, a state parks superintendent who led Tuesday’s tour.
Spohrer explained that park officials will need to determine whether damaged trees need to be removed in the coming months and that the resulting fire scars will increase the potential for floods and mudslides this winter.
“My heart really does break,” Spohrer told the press pool reporter of witnessing the damage to the park founded in 1902. “The memories here. The generational commitment ... this is a really meaningful place to all of us.”
Newsom was also joined on the Big Basin tour by the head of the California Department of Forestry and Fire Protection Thom Porter as well as Federal Emergency Management Agency administrator Peter Gaynor.
California’s wildfire season is off to a blistering start as the state has already seen more than 900 new fires since the mass-lightning event that started on Aug. 15. Over 15,600 firefighters are currently battling the blazes that have burned 1.48 million acres, an area the size of Delaware.
In welcome news, crews have been able to take advantage in recent days of cooler weather and greatly increased containment over the CZU Fire and the state’s other major fires.
The state’s main focus has been several so-called lightning complex fires burning in the greater San Francisco Bay Area. A trio of fires caused over 100,000 people to temporarily flee their homes and simultaneously left millions breathing smoky, unhealthy air.
At over 375,000 acres burned, the LNU Lightning Complex Fire is now officially the third largest fire in state history. Over 2,700 firefighters have been assigned to the blaze which has killed five and destroyed 1200 homes and structures in Napa, Lake, Sonoma, Solano and Yolo counties. As of Tuesday, the LNU Fire was 69% contained.
To the southeast, the SCU Fire has blackened 390,000 acres and destroyed 120 structures in San Joaquin, Stanislaus, Santa Clara, Alameda, Contra Costa and Merced counties. Nearly two dozen crews and 1,700 firefighters have the second largest fire in state history 70% contained.
In another lightning complex burning north of the Bay Area, the Butte/Tehama/Glenn Fire has burned 60,000 acres on state and federal land. Recent north winds have funneled smoke from the fire south, diminishing already poor air quality that has plagued Sacramento and the Bay Area for over two weeks.Meanwhile a companion fire burning in Tehama County, the August Complex, has grown to 242,000 acres in the Mendocino National Forest. Federal crews have the fire 20% contained, but one firefighter died and another was injured on Monday fighting the complex.


courthousenews--2020-09-02--Incumbent Markey Beats Kennedy in Massachusetts Senate Primary

BOSTON ( CN ) — Senator Ed Markey defeated rival Joe Kennedy III in the Massachusetts Democratic U.S. Senate primary .
With 44 % of the precincts reporting , as of 10:35 p.m. Eastern Time , Markey , who replaced John Kerry in the Senate after Kerry became secretary of state , had 55 % of the vote to Kennedy ’ s 45 % .
Kennedy , a grandson of Senator Robert Kennedy , has been a Massachusetts congressman since 2012 .
His loss is a defining moment in the state , which launched his grand-uncle John on his way @ @ @ @ @ @ @ ever been defeated in a Massachusetts election before .
Markey ’ s win will help cement the ascendancy of the progressive wing of the Democratic party .
Markey is best known as the lead sponsor of the Green New Deal along with Representative Alexandria Ocasio-Cortez .
The race split national Democrats .
House Speaker Nancy Pelosi , who has had disagreements with Ocasio-Cortez , endorsed Kennedy , whom she selected in 2018 to deliver the Democratic response to Trump ’ s State of the Union address .
Kennedy was also endorsed by his @ @ @ @ @ @ @ .
But former Vice President Al Gore publicly backed Markey , as did the Boston Globe .
Turnout was heavy .
A week before the election some 650,000 people had already voted , surpassing the total for all presidential-year primaries since 1992 , according to Debra O ’ Malley at the Massachusetts Secretary of State ’ s office .
Many Massachusetts voters told Courthouse News over the last few days that they were ready to move on past the era of Camelot .
“ We don ’ t need any more Kennedys , @ @ @ @ @ @ @ , Massachusetts .
“ There ’ s not much point in bringing in a less experienced person just because his name is Kennedy , ” said Paul Stansifer , who voted just steps from the Harvard campus where Joe Kennedy and seven of his famous relatives graduated .
Kennedy had a 17-point lead in an early poll around the time he announced his bid , but Markey rebounded by successfully pushing his progressive bona fides , at one point deriding Kennedy as “ a progressive in name only ” during a debate .
@ @ @ @ @ @ @ himself early on as representing a generational change from the 74-year-old Markey , in a move reminiscent of President Kennedy ’ s promise in his nomination speech of “ a new generation of leadership.
” But it turned out that many younger voters felt more in tune with Markey ’ s focus on climate change .
“ The Green New Deal is very important to me , ” said Jessica Bryant , a younger voter who supports Markey .
Although a MassINC poll from October 2019 showed that 70 % of voters under @ @ @ @ @ @ @ never heard of Markey , a recent UMass Amherst poll showed Markey leading among young people by an astonishing 51 points .
Ironically , the argument for generational change seemed to work best with an older generation .
Anne Quirk , who is on the Democratic Committee in Belmont , a Boston suburb , said she voted for Kennedy because Markey would be 80 at the end of his term and she ’ s concerned about the “ gerontocracy ” in Congress .
But she added , “ I suspect my children are @ @ @ @ @ @ @ said her 89-year-old mother voted for Kennedy “ because she wants to bring back Camelot and the 1960s.
” But Johnson chose Markey instead .
Markey “ has voted in favor of the younger generation all his life , ” Johnson explained .
Eleven years after the death of Ted Kennedy , the family name has lost some of its magic .
Markey successfully used the Kennedy mystique against his opponent , among other things by jokingly referring to his own modest home as his “ compound.
” In one campaign video Markey @ @ @ @ @ @ @ could do for our country .
We went out , we did it .
With all due respect , it ’ s time to start asking what your country can do for you.
” The video had more than 2.5 million views on Twitter in the first 24 hours .
Many voters said they saw no reason to replace Markey .
“ What ’ s the point of challenging a progressive ?
” asked Thomas , who said Kennedy offered nothing new or different and simply represented “ 120 years of privilege.
” @ @ @ @ @ @ @ on the issues , voter Bruce Leslie-Pritchard compared the race to Massachusetts Representative Ayanna Pressley ’ s 2018 primary challenge to 10-term incumbent Mike Capuano .
“ But in that race , there was a reason to make a change , ” Leslie-Pritchard said .
“ We need more Black women in Congress .
But it ’ s not like we need more redheads in Congress.
” In the Democratic primary to replace Kennedy in the 4th District — which consists mostly of exurban areas near Rhode Island and hasn ’ t voted @ @ @ @ @ @ @ — Jesse Mermell , a former aide to Governor Deval Patrick , led Newton city council member Jake Auchincloss and seven other little-known candidates .
With 33 % of the vote in , Mermell led Auchincloss 29 % to 22 % .
Mermell was endorsed by Pressley , Attorney General Maura Healey and more than 20 labor unions .
The Boston Globe endorsed Auchincloss , but the endorsement of a former Republican was internally unpopular and at least one Globe columnist published a rebuttal .
Auchincloss , a distant relative of Jackie Kennedy @ @ @ @ @ @ @ flying a Confederate flag is a free speech issue and for a 2010 Facebook post in which he said of burning the Quran , “ So we can ’ t burn their book , but they can burn our flag ?
” In another key congressional race in western Massachusetts , Richard Neal , the chair of the powerful House Ways and Means Committee , handily defeated a primary challenge on the left from Alex Morse , the 31-year-old openly gay mayor of Holyoke .
In an unusual development , the state ’ @ @ @ @ @ @ @ endorsed Neal .
No Republicans are running for Neal ’ s seat .
In the state ’ s other contested congressional primaries , Representatives Seth Moulton and Stephen Lynch both won their races .

No Kennedy had ever been defeated in a Massachusetts election before Senator Ed Markey defeated rival Joe Kennedy III in the state’s Democratic U.S. Senate primary Tuesday.
BOSTON (CN) — Senator Ed Markey defeated rival Joe Kennedy III in the Massachusetts Democratic U.S. Senate primary.
Kennedy, a grandson of Senator Robert Kennedy, has been a Massachusetts congressman since 2012. His loss is a defining moment in the state, which launched his grand-uncle John on his way to the presidency. No Kennedy has ever been defeated in a Massachusetts election before.
Markey's win will help cement the ascendancy of the progressive wing of the Democratic party. Markey is best known as the lead sponsor of the Green New Deal along with Representative Alexandria Ocasio-Cortez.
The race split national Democrats. House Speaker Nancy Pelosi, who has had disagreements with Ocasio-Cortez, endorsed Kennedy, whom she selected in 2018 to deliver the Democratic response to Trump’s State of the Union address. Kennedy was also endorsed by his former House colleague Beto O'Rourke. But former Vice President Al Gore publicly backed Markey, as did the Boston Globe.
Turnout was heavy. A week before the election some 650,000 people had already voted, surpassing the total for all presidential-year primaries since 1992, according to Debra O’Malley at the Massachusetts Secretary of State’s office.
Many Massachusetts voters told Courthouse News over the last few days that they were ready to move on past the era of Camelot.
“We don’t need any more Kennedys,” said Dan Thomas of liberal Cambridge, Massachusetts.
“There’s not much point in bringing in a less experienced person just because his name is Kennedy,” said Paul Stansifer, who voted just steps from the Harvard campus where Joe Kennedy and seven of his famous relatives graduated.
“I don’t like political dynasties,” added Graham Noblit.
Kennedy had a 17-point lead in an early poll around the time he announced his bid, but Markey rebounded by successfully pushing his progressive bona fides, at one point deriding Kennedy as “a progressive in name only” during a debate.
Kennedy, a redheaded 39-year-old, billed himself early on as representing a generational change from the 74-year-old Markey, in a move reminiscent of President Kennedy’s promise in his nomination speech of “a new generation of leadership.”
But it turned out that many younger voters felt more in tune with Markey’s focus on climate change.
“The Green New Deal is very important to me,” said Jessica Bryant, a younger voter who supports Markey.
Although a MassINC poll from October 2019 showed that 70% of voters under age 30 had no opinion or had never heard of Markey, a recent UMass Amherst poll showed Markey leading among young people by an astonishing 51 points.
U.S. Rep. Joe Kennedy III speaks outside his campaign headquarters in Watertown, Mass., after conceding defeat to incumbent U.S. Sen. Edward Markey, Tuesday, Sept. 1, 2020, in the Massachusetts Democratic Senate primary. (AP Photo/Charles Krupa)
Ironically, the argument for generational change seemed to work best with an older generation. Anne Quirk, who is on the Democratic Committee in Belmont, a Boston suburb, said she voted for Kennedy because Markey would be 80 at the end of his term and she’s concerned about the “gerontocracy” in Congress. But she added, “I suspect my children are all voting for Markey.”
Sally Johnson said her 89-year-old mother voted for Kennedy “because she wants to bring back Camelot and the 1960s.” But Johnson chose Markey instead.
Markey “has voted in favor of the younger generation all his life,” Johnson explained.
Eleven years after the death of Ted Kennedy, the family name has lost some of its magic. Markey successfully used the Kennedy mystique against his opponent, among other things by jokingly referring to his own modest home as his “compound.”
In one campaign video Markey declared, “We asked what we could do for our country. We went out, we did it. With all due respect, it’s time to start asking what your country can do for you.”
The video had more than 2.5 million views on Twitter in the first 24 hours.
Many voters said they saw no reason to replace Markey. “What’s the point of challenging a progressive?” asked Thomas, who said Kennedy offered nothing new or different and simply represented “120 years of privilege.”
Because Kennedy and Markey have similar stands on the issues, voter Bruce Leslie-Pritchard compared the race to Massachusetts Representative Ayanna Pressley’s 2018 primary challenge to 10-term incumbent Mike Capuano.
“But in that race, there was a reason to make a change,” Leslie-Pritchard said. “We need more Black women in Congress. But it’s not like we need more redheads in Congress.”
In the Democratic primary to replace Kennedy in the 4th District — which consists mostly of exurban areas near Rhode Island and hasn’t voted for a Republican since World War II — there was a very close race between Jesse Mermell, a former aide to Governor Deval Patrick, and Newton city council member Jake Auchincloss.
With more than 96% of the vote in, the race is still too close to call, although Auchincloss has a 1,500-vote lead.
Mermell was endorsed by Pressley, Attorney General Maura Healey and more than 20 labor unions.
The Boston Globe endorsed Auchincloss, but the endorsement of a former Republican was internally unpopular and at least one Globe columnist published a rebuttal.
Auchincloss, a distant relative of Jackie Kennedy, has been criticized for suggesting that flying a Confederate flag is a free speech issue and for a 2010 Facebook post in which he said of burning the Quran, “So we can’t burn their book, but they can burn our flag?”
In another key congressional race in western Massachusetts, Richard Neal, the chair of the powerful House Ways and Means Committee, handily defeated a primary challenge on the left from Alex Morse, the 31-year-old openly gay mayor of Holyoke.
In an unusual development, the state’s Republican governor, Charlie Baker, endorsed Neal. No Republicans are running for Neal’s seat.
In the state’s other contested congressional primaries, Representatives Seth Moulton and Stephen Lynch both won their races.


courthousenews--2020-09-03--CDC Asks States to Prepare for Coronavirus Vaccine Before End of Year

( CN ) — The Centers for Disease Control and Prevention told public health officials to be ready for a Covid-19 vaccine by early November , asking states to fast-track construction permitting for distribution sites .
Governors and health departments in all 50 states were reportedly recipients of the CDC ’ s letter from Director Robert Redfield dated Aug. 27 .
Redfield said the CDC and the Department of Health and Human Services “ are rapidly making preparations to implement large-scale distribution of the Covid-19 vaccines in the fall of 2020.
” The CDC is urging states to cut down @ @ @ @ @ @ @ capabilities in case any of the several potential vaccine candidates are approved and ready for use .
Johnson & Johnson , Pfizer , Moderna , AstraZeneca , Novavax , GlaxoSmithKline and Sanofi Pasteur are among the pharmaceutical companies who have contributed potential vaccines under Operation Warp Speed ’ s toolbelt .
Operation Warp Speed is the Trump administration ’ s coronavirus response program led by Vice President Mike Pence .
But their medications are in various stages of testing , development and clinical trials .
Many of these are not expected to yield @ @ @ @ @ @ @ portfolio of vaccines being assembled for Operation Warp Speed increases the odds that we will have at least one safe , effective vaccine as soon at the end of this year , ” HHS Secretary Alex Azar said in a statement in July .
As the global race to stop the deadly coronavirus outbreak pushes scientists and organizations around the nation to develop an effective vaccine , Redfield said his agency has contracted the McKesson Corporation to distribute its vaccines to state and local health departments .
Additionally , he reportedly asked officials @ @ @ @ @ @ @ to distribute vaccines as early as Nov. 1 — two days before the presidential election .
More than 184,083 have died of Covid-19 in the U.S. and more than 6 million total cases have been reported in the country as of Wednesday .
Distribution of a possible coronavirus drug can not begin until clinical trials are successful and the Food and Drug Administration authorizes it .
In an interview Tuesday , the country ’ s top infectious disease expert Anthony Fauci said a vaccine may be available to some at-risk groups before the @ @ @ @ @ @ @ short only if certain medicines have overwhelmingly positive results .
A CDC spokesperson did not immediately respond to a request for comment on Wednesday .

The Centers for Disease Control and Prevention told public health officials to be ready for a Covid-19 vaccine by early November, asking states to fast-track construction permitting for distribution sites.
(CN) — The Centers for Disease Control and Prevention told public health officials to be ready for a Covid-19 vaccine by early November, asking states to fast-track construction permitting for distribution sites.
Governors and health departments in all 50 states were reportedly recipients of the CDC’s letter from Director Robert Redfield dated Aug. 27.
Redfield said the CDC and the Department of Health and Human Services “are rapidly making preparations to implement large-scale distribution of the Covid-19 vaccines in the fall of 2020.”
The CDC is urging states to cut down on building permit obstacles, bolstering production capabilities in case any of the several potential vaccine candidates are approved and ready for use.
Johnson & Johnson, Pfizer, Moderna, AstraZeneca, Novavax, GlaxoSmithKline and Sanofi Pasteur are among the pharmaceutical companies who have contributed potential vaccines under Operation Warp Speed’s toolbelt.
Operation Warp Speed is the Trump administration’s coronavirus response program led by Vice President Mike Pence.
But their medications are in various stages of testing, development and clinical trials. Many of these are not expected to yield definitive results for months.
“The portfolio of vaccines being assembled for Operation Warp Speed increases the odds that we will have at least one safe, effective vaccine as soon at the end of this year,” HHS Secretary Alex Azar said in a statement in July.
As the global race to stop the deadly coronavirus outbreak pushes scientists and organizations around the nation to develop an effective vaccine, Redfield said his agency has contracted the McKesson Corporation to distribute its vaccines to state and local health departments.
Additionally, he reportedly asked officials to urgently come up with a plan to distribute vaccines as early as Nov. 1 — two days before the presidential election.
More than 184,083 have died of Covid-19 in the U.S. and more than 6 million total cases have been reported in the country as of Wednesday.
Distribution of a possible coronavirus drug cannot begin until clinical trials are successful and the Food and Drug Administration authorizes it.
In an interview Tuesday, the country’s top infectious disease expert Anthony Fauci said a vaccine may be available to some at-risk groups before the end of the year — cutting trials short only if certain medicines have overwhelmingly positive results.
A CDC spokesperson did not immediately respond to a request for comment on Wednesday.


Russian Pop Star

LOS ANGELES — A California appeals court upheld a ruling setting aside an $ 8 million default judgment against Lena @ @ @ @ @ the early 2000s pop duo t.A.T.u..
Her former manager , who claims Katina was the @ @ @ @ @ in Russian music history ” and that he had changed the trajectory of her career @ @ @ @ @ wrongful termination .

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.


Gang Members

PHOENIX — An Arizona statute that enhances the sentence for “ threatening or intimidating if the defendant is a criminal @ @ @ @ @ unconstitutional , the state ’ s Supreme Court ruled .


Apple Class Action

SAN FRANCISCO — In a wage-and-hour class action , the Ninth Circuit reversed a ruling in favor of Apple after @ @ @ @ @ that time spent on an employer ’ s premises undergoing security searches is compensable as @ @ @ @ @


Surveillance

SAN FRANCISCO — The Ninth Circuit upheld the convictions of four members of the Somali diaspora for sending , or @ @ @ @ @ to Somalia to support a terrorist organization .
The court ruled that although the government @ @ @ @ @ Fourth Amendment ” by collecting metadata on millions of Americans , including at least one @ @ @ @ @ of evidence is not warranted based on the facts of the case .


NO GUNS ALLOWED!!!

HOUSTON — A Houston-area church and coffee shop claim Texas is trying to discourage businesses from excluding people carrying guns @ @ @ @ @ gunowners their weapons aren ’ t welcome via “ multiple , large , text-heavy signs @ @ @ @ @


Semi-automatic Sales

TACOMA , Wash. — An initiative in Washington state that prohibits the sale of semi-automatic rifles to people under the @ @ @ @ @ in-person out-of-state purchasers is constitutional , a federal court in the state ruled .


courthousenews--2020-09-02--LA County to Reopen Schools to Small Groups of Its Neediest Children

LOS ANGELES ( CN ) — Los Angeles County will soon resume in-person classroom lessons for a select group of students , though there are no official plans to end virtual learning for the majority of students .
State health officials placed LA County into one of the most restrictive tiers last month due to the high rate of infection and spread from Covid-19 .
But on Sept. 14 , small groups of children with special needs , students who are learning English as a second language and others can resume in-person lessons at their schools , LA County Public @ @ @ @ @ @ @ long as a school is able to fully implement the health officer ’ s reopening protocol , this will get children who are in the most need of in-person learning back into the classroom , ” said LA County Health Officer Dr. Muntu Davis .
While a small , stable cohort of students will be returning to classrooms in some capacity this month , LA County health officials say the schools do not need to apply for a waiver with the California health department since the county does not meet the threshold to @ @ @ @ @ @ @ newly announced modification to the health order , groups of no more than 12 students and two instructors each can return to the classroom .
School officials will need to maintain infection control and physical distancing .
Districts in counties that see stable infection rates can apply for a waiver with state officials to resume in-person lessons .
But LA County is in one of the worst tiers with an infection rate of over 10 cases per 100,000 people .
LA County will also dip its toe into reopening of indoor services , @ @ @ @ @ @ @ resume operations in a limited capacity .
Those businesses are still encouraged to offer outdoor services , but barbers and beauticians can now offer indoor haircuts to a limited number of people starting Thursday .
As of Wednesday , LA County has seen 5,800 deaths from the novel coronavirus and nearly 294,000 confirmed infections .
Still , officials say hospitalizations have leveled off though 51 Angelenos died from Covid-19 complications in the last 24 hours and over 1,400 new infections confirmed .
The county continues to see more infections and deaths among its @ @ @ @ @ @ @ , over 1,600 homeless people have been diagnosed with the novel coronavirus .
And while just 41 have died , 15 of those deaths occurred in August alone .

Los Angeles County will soon resume in-person classroom lessons for a select group of students, though there are no official plans to end virtual learning for the majority of students.
LOS ANGELES (CN) — Los Angeles County will soon resume in-person classroom lessons for a select group of students, though there are no official plans to end virtual learning for the majority of students.
State health officials placed LA County into one of the most restrictive tiers last month due to the high rate of infection and spread from Covid-19. But on Sept. 14, small groups of children with special needs, students who are learning English as a second language and others can resume in-person lessons at their schools, LA County Public Health officials said Wednesday.
“As long as a school is able to fully implement the health officer’s reopening protocol, this will get children who are in the most need of in-person learning back into the classroom,” said LA County Health Officer Dr. Muntu Davis.
While a small, stable cohort of students will be returning to classrooms in some capacity this month, LA County health officials say the schools do not need to apply for a waiver with the California health department since the county does not meet the threshold to resume in-person classes. But under the newly announced modification to the health order, groups of no more than 12 students and two instructors each can return to the classroom.
School officials will need to maintain infection control and physical distancing.
Districts in counties that see stable infection rates can apply for a waiver with state officials to resume in-person lessons. But LA County is in one of the worst tiers with an infection rate of over 10 cases per 100,000 people.
LA County will also dip its toe into reopening of indoor services, with hair salons and barbershops allowed to resume operations in a limited capacity. Those businesses are still encouraged to offer outdoor services, but barbers and beauticians can now offer indoor haircuts to a limited number of people starting Thursday.
As of Wednesday, LA County has seen 5,800 deaths from the novel coronavirus and nearly 294,000 confirmed infections.
Still, officials say hospitalizations have leveled off though 51 Angelenos died from Covid-19 complications in the last 24 hours and over 1,400 new infections confirmed.
The county continues to see more infections and deaths among its homeless population. Since the pandemic began, over 1,600 homeless people have been diagnosed with the novel coronavirus. And while just 41 have died, 15 of those deaths occurred in August alone.


courthousenews--2020-09-02--Republicans Sue Montana Governor to Stop Universal Mail-In Voting

( CN ) — A group of Republican committees — including the principle committee for President Donald Trump ’ s reelection bid — have filed a federal lawsuit in Montana alleging that Governor Steve Bullock usurped the power of the Legislature when he issued a directive that would allow universal vote-by-mail balloting in November .
As the Covid-19 pandemic continues to shape how voters around the county are preparing to cast their ballots , states and local governments nationwide have found themselves scrambling for ways to ensure that voters ’ rights are protected even amid a global health crisis .
@ @ @ @ @ @ @ is the broadening of mail-in-ballot options that would allow a voter to cast their ballot through the mail without having to attend a face-to-face polling location .
Early in August , Bullock announced that mail-in-ballot options would be sweepingly expanded throughout the Treasure State , issuing a directive that allowed all of Montana ’ s 56 counties to hold all-mail elections this November .
The governor said in the announcement that while in-person voting would still be allowed , giving counties the option to hold mail-in elections would help to ensure that voters @ @ @ @ @ @ @ be equally protected .
“ Locally elected officials best understand the voting needs of their communities , and taking this action now ensures they will have the time to make the right decisions for their localities , ” the governor said .
“ With this approach we can protect that fundamental right to vote , while easing crowding and pressure on voting on Election Day.
” Some Republicans , however , have taken issue with Bullock ’ s mail-in-ballot expansion .
A series of GOP committees , including the Republican National Committee and @ @ @ @ @ @ @ Trump ’ s chief reelection organization , filed a lawsuit Wednesday against Bullock and Montana Secretary of State Corey Stapleton with allegations that the governor ’ s directive was a blatant overstep of his authority .
The lawsuit alleges that the state Legislature , not the governor , has the power to issue such an order and seeks an injunction to stop it .
The lawsuit claims that while the order is not only an overstep of the governor ’ s power , it also created a series of different voting deadlines and @ @ @ @ @ @ @ ’ s counties and should be tossed before Election Day draws nearer .
“ The result is a patchwork election code that has varying deadlines and procedures across Montana ’ s 56 counties , ” the 34-page complaint states .
“ This brazen power grab was not authorized by state law and violates both the Elections Clause and Electors Clause of the U.S. Constitution .
The Governor ’ s directive is invalid and must be enjoined.
” The complaint further claims that by allowing a mail-in-ballot to be sent to every voter , @ @ @ @ @ @ @ voters who have died , and voters who don ’ t want a ballot , ” the governor ’ s directive has made it easier for voter fraud to take place throughout the state .
The lawsuit alleges that this kind of voter initiative will only invite voter theft and illegitimate ballot casting that will unfairly influence the election and dilute votes that were cast properly .
Wednesday ’ s lawsuit largely falls in line with statements Trump himself has made that have railed against mail-in-ballots and warned of massive potential voter fraud @ @ @ @ @ @ @ however , have cautioned against the president ’ s assertions against mail-in-ballots , contending that there is no evidence of such fraud .
Wednesday ’ s complaint also alleges the governor ’ s voter-expansion measures are not just an invitation to invite fraud , but are also politically motivated .
The lawsuit alleges that the Democratic Party has been itching to implement changes in how elections are carried out for some time , including through broadening vote-by-mail measures , but efforts that have not succeeded .
The lawsuit claims that Democrats are now @ @ @ @ @ @ @ way to implement such changes .
“ But Democrats have largely been unable to convince state Legislatures to adopt them , ” the lawsuit states .
“ So they are now using the COVID-19 crisis as a means to accomplish their goals via litigation and , like here , executive fiat.
” Republicans suggest that Bullock himself had a personal motive to issue the ballot initiative .
They claim that with Bullock on the ballot for a Montana U.S. Senate seat this November , the governor is attempting to use his authority to @ @ @ @ @ @ @ .
“ So he is using his current position to force a brand-new election system on Montanans that , according to his own party , will sway the election in his favor , ” according to the complaint .

A group of Republican committees — including the principle committee for President Donald Trump’s reelection bid — have filed a federal lawsuit in Montana alleging that Governor Steve Bullock usurped the power of the Legislature when he issued a directive that would allow universal vote-by-mail balloting in November.
(CN) — A group of Republican committees — including the principle committee for President Donald Trump’s reelection bid — have filed a federal lawsuit in Montana alleging that Governor Steve Bullock usurped the power of the Legislature when he issued a directive that would allow universal vote-by-mail balloting in November.
As the Covid-19 pandemic continues to shape how voters around the county are preparing to cast their ballots, states and local governments nationwide have found themselves scrambling for ways to ensure that voters’ rights are protected even amid a global health crisis.
One such measure many states have endorsed is the broadening of mail-in-ballot options that would allow a voter to cast their ballot through the mail without having to attend a face-to-face polling location.
Early in August, Bullock announced that mail-in-ballot options would be sweepingly expanded throughout the Treasure State, issuing a directive that allowed all of Montana’s 56 counties to hold all-mail elections this November.
Montana Gov. Steve Bullock, a Democrat challenging Republican incumbent Steve Daines for a U.S. Senate seat.
The governor said in the announcement that while in-person voting would still be allowed, giving counties the option to hold mail-in elections would help to ensure that voters’ health and right to vote could be equally protected.
“Locally elected officials best understand the voting needs of their communities, and taking this action now ensures they will have the time to make the right decisions for their localities,” the governor said. “With this approach we can protect that fundamental right to vote, while easing crowding and pressure on voting on Election Day.”
Some Republicans, however, have taken issue with Bullock’s mail-in-ballot expansion.
A series of GOP committees, including the Republican National Committee and Donald J. Trump for President Inc., Trump’s chief reelection organization, filed a lawsuit Wednesday against Bullock and Montana Secretary of State Corey Stapleton with allegations that the governor’s directive was a blatant overstep of his authority.
The lawsuit alleges that the state Legislature, not the governor, has the power to issue such an order and seeks an injunction to stop it.
The lawsuit claims that while the order is not only an overstep of the governor’s power, it also created a series of different voting deadlines and rules that could prove disastrous for Montana’s counties and should be tossed before Election Day draws nearer.
“The result is a patchwork election code that has varying deadlines and procedures across Montana’s 56 counties,” the 34-page complaint states. “This brazen power grab was not authorized by state law and violates both the Elections Clause and Electors Clause of the U.S. Constitution. The Governor’s directive is invalid and must be enjoined.”
The complaint further claims that by allowing a mail-in-ballot to be sent to every voter, including “voters who have moved, voters who have died, and voters who don’t want a ballot,” the governor’s directive has made it easier for voter fraud to take place throughout the state.
The lawsuit alleges that this kind of voter initiative will only invite voter theft and illegitimate ballot casting that will unfairly influence the election and dilute votes that were cast properly.
Wednesday’s lawsuit largely falls in line with statements Trump himself has made that have railed against mail-in-ballots and warned of massive potential voter fraud.
Many experts and media reports, however, have cautioned against the president’s assertions against mail-in-ballots, contending that there is no evidence of such fraud.
Wednesday’s complaint also alleges the governor’s voter-expansion measures are not just an invitation to invite fraud, but are also politically motivated.
The lawsuit alleges that the Democratic Party has been itching to implement changes in how elections are carried out for some time, including through broadening vote-by-mail measures, but efforts that have not succeeded. The lawsuit claims that Democrats are now using the global health crisis as a way to implement such changes.
“But Democrats have largely been unable to convince state Legislatures to adopt them,” the lawsuit states. “So they are now using the COVID-19 crisis as a means to accomplish their goals via litigation and, like here, executive fiat.”
Republicans suggest that Bullock himself had a personal motive to issue the ballot initiative. They claim that with Bullock on the ballot for a Montana U.S. Senate seat this November, the governor is attempting to use his authority to boost his chances in the upcoming race.
“So he is using his current position to force a brand-new election system on Montanans that, according to his own party, will sway the election in his favor,” according to the complaint.


courthousenews--2020-09-02--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-09-03--Fox News Polls Show Biden Leading Trump in Three Swing States

( CN ) — A trio of new Fox News polls released Wednesday show President Donald Trump on shaky ground in three swing states he won in 2016 — Arizona , North Carolina and Wisconsin .
If the election were today , Joe Biden and U.S .
Senator Kamala Harris would beat Trump and Vice President Mike Pence by a virtual landslide in Arizona ( 49 % to 40 % ) and Wisconsin ( 50 % to 42 % ) , and the Democrats would top Republicans 50 % to 46 % in North Carolina , the polls of likely @ @ @ @ @ @ @ topped Trump on three of four polled categories — dealing with China ( 44 % to 43 % ) , policing and criminal justice ( 47 % to 42 % ) , and the Covid-19 pandemic ( 53 % to 36 % ) .
Only on the economy did more voters trust Trump to do a better job ( 45 % to 44 % ) .
In North Carolina , meanwhile , Trump beat Biden on the economy ( 51 % to 43 % ) , China ( 48 % to 43 % @ @ @ @ @ @ @ % to 46 % ) .
Biden was favored 50 % to 41 % among Tar Heel State voters to deal with the pandemic , the poll showed .
Wisconsin voters ’ support on the issues was split , favoring Trump on the economy ( 45 % to 44 % ) and China ( 45 % to 44 % ) and Biden on criminal justice ( 47 % to 42 % ) and the coronavirus ( 52 % to 35 % ) .
On job approval , the president fared poorly in Arizona @ @ @ @ @ @ @ likely Arizona voters approve of Trump ’ s job performance , while 56 % disapprove .
In Wisconsin , 45 % approve and 54 % disapprove .
North Carolina voters were split with 50 % disapproving and 49 % approving of Trump ’ s performance .
The polls conducted by Braun Research Inc. , of Princeton , New Jersey , reveal possible vulnerabilities where Trump won in 2016 against former Senator and Secretary of State Hillary Clinton .
In 2016 , Trump won Arizona ’ s 11 electoral votes 48 % to 45 @ @ @ @ @ @ @ votes 50 % to 46 % , and edged out Clinton 47.2 % to 46.5 % in Wisconsin .
The pollsters also asked about voting during the pandemic .
In Arizona , where voting by mail has been an option for all voters for more than a decade , 65 % plan to mail ballots or drop off mail ballots on Election Day .
Just 31 % of voters plan to vote in person , either early or on Election Day .
North Carolina and Wisconsin voters plan to show up at polls @ @ @ @ @ @ @ planning to vote in person early or on Nov. 3 in North Carolina and 61 % in Wisconsin .
The poll among likely and registered voters was conducted Aug. 29-Sept 1 in all three states with more than 800 residents in each state .
The margin of error in Wisconsin and North Carolina was 3 % and 3.5 % in Arizona .
The poll was conducted via landlines and cellphones .

A trio of new Fox News polls released Wednesday show President Donald Trump on shaky ground in three swing states he won in 2016 — Arizona, North Carolina and Wisconsin.
(CN) — A trio of new Fox News polls released Wednesday show President Donald Trump on shaky ground in three swing states he won in 2016 — Arizona, North Carolina and Wisconsin.
If the election were today, Joe Biden and U.S. Senator Kamala Harris would beat Trump and Vice President Mike Pence by a virtual landslide in Arizona (49% to 40%) and Wisconsin (50% to 42%), and the Democrats would top Republicans 50% to 46% in North Carolina, the polls of likely voters showed.
In Arizona, Biden topped Trump on three of four polled categories — dealing with China (44% to 43%), policing and criminal justice (47% to 42%), and the Covid-19 pandemic (53% to 36%). Only on the economy did more voters trust Trump to do a better job (45% to 44%).
In North Carolina, meanwhile, Trump beat Biden on the economy (51% to 43%), China (48% to 43%), and criminal justice (47% to 46%). Biden was favored 50% to 41% among Tar Heel State voters to deal with the pandemic, the poll showed.
Wisconsin voters’ support on the issues was split, favoring Trump on the economy (45% to 44%) and China (45% to 44%) and Biden on criminal justice (47% to 42%) and the coronavirus (52% to 35%).
On job approval, the president fared poorly in Arizona and Wisconsin. Just 43% of likely Arizona voters approve of Trump’s job performance, while 56% disapprove. In Wisconsin, 45% approve and 54% disapprove.
North Carolina voters were split with 50% disapproving and 49% approving of Trump’s performance.
The polls conducted by Braun Research Inc., of Princeton, New Jersey, reveal possible vulnerabilities where Trump won in 2016 against former Senator and Secretary of State Hillary Clinton.
In 2016, Trump won Arizona’s 11 electoral votes 48% to 45%, North Carolina’s 13 votes 50% to 46%, and edged out Clinton 47.2% to 46.5% in Wisconsin.
The pollsters also asked about voting during the pandemic.
In Arizona, where voting by mail has been an option for all voters for more than a decade, 65% plan to mail ballots or drop off mail ballots on Election Day. Just 31% of voters plan to vote in person, either early or on Election Day.
North Carolina and Wisconsin voters plan to show up at polls in greater percentages, with 72% planning to vote in person early or on Nov. 3 in North Carolina and 61% in Wisconsin.
The poll among likely and registered voters was conducted Aug. 29-Sept 1 in all three states with more than 800 residents in each state. The margin of error in Wisconsin and North Carolina was 3% and 3.5% in Arizona. The poll was conducted via landlines and cellphones.


courthousenews--2020-09-03--11th Circuit Refuses to Revive ‘War Dogs’ Defamation Case

ATLANTA ( CN ) — The son of a former Albanian president who claims he was defamed in a book that was later adapted into the 2016 film “ War Dogs ” can not sue the author and publisher for accusing him of being a mobster who engaged in corrupt arms dealing , an 11th Circuit panel ruled Wednesday .
The Atlanta-based appeals court unanimously upheld a prior ruling dismissing Shkëlzen Berisha ’ s defamation lawsuit claiming that Guy Lawson ’ s 2015 book “ War Dogs : The True Story of How Three Stoners From Miami Beach Became the @ @ @ @ @ @ @ scenes incorrectly identifying him as the man at the center of two major arms-dealing scandals in Albania .
Published by Simon & Schuster and later adapted into a 2016 film starring Jonah Hill and Miles Teller , Lawson ’ s book tells the story of Efraim Diveroli , David Packouz and Alexander Podrizki , Florida residents and childhood friends who became international arms dealers .
Berisha , the son of former Albanian President and Prime Minister Sali Berisha , was allegedly embroiled in a controversy involving Diveroli ’ s company AEY Inc. , @ @ @ @ @ @ @ Chinese ammunition acquired in Albania to the U.S. military for use in the war in Afghanistan .
Claiming that the book misrepresented him , Berisha sued Lawson , Diveroli , Podrizki , Packouz , Simon & Schuster and Incarcerated Entertainment in federal court in 2017 in an attempt to force the publisher to remove the allegedly defamatory statements from the book .
A Florida federal judge ruled in favor of the defendants in 2018 .
Berisha appealed the ruling to the 11th Circuit , which heard oral arguments in the case in April @ @ @ @ @ @ @ failed to show that Lawson , his publisher or any of the other defendants knowingly published falsehoods about him .
The panel pointed out that Lawson made efforts to corroborate the stories told to him by Diveroli and Podrizki , testified that he found Podrizki and Packouz to be “ extremely reliable ” sources and made note of Diveroli ’ s habit of lying .
“ Further , Lawson ’ s book explicitly informed the reader of these supposed problems with the men ’ s credibility , describing them as young partiers who @ @ @ @ @ @ @ a major international fraud , ” Senior U.S .
Circuit Judge Diarmuid O ’ Scannlain , a Reagan appointee sitting by designation from the Ninth Circuit , wrote on behalf of the panel .
“ Even if Berisha might nitpick each source for one reason or another , this wealth of evidence considered altogether does not permit a reasonable juror to find clear and convincing proof that Lawson held serious doubts about the depiction of Berisha in his book , ” the ruling states .
O ’ Scannlain was joined on the panel @ @ @ @ @ @ @ , an Obama appointee , and U.S .
Circuit Judge Kevin Newsom , a Trump appointee .

The son of a former Albanian president who claims he was defamed in a book that was later adapted into the 2016 film “War Dogs” cannot sue the author and publisher for accusing him of being a mobster who engaged in corrupt arms dealing, an 11th Circuit panel ruled Wednesday.
ATLANTA (CN) — The son of a former Albanian president who claims he was defamed in a book that was later adapted into the 2016 film “War Dogs” cannot sue the author and publisher for accusing him of being a mobster who engaged in corrupt arms dealing, an 11th Circuit panel ruled Wednesday.
The Atlanta-based appeals court unanimously upheld a prior ruling dismissing Shkëlzen Berisha’s defamation lawsuit claiming that Guy Lawson’s 2015 book “War Dogs: The True Story of How Three Stoners From Miami Beach Became the Most Unlikely Gunrunners in History” contained scenes incorrectly identifying him as the man at the center of two major arms-dealing scandals in Albania.
Published by Simon & Schuster and later adapted into a 2016 film starring Jonah Hill and Miles Teller, Lawson’s book tells the story of Efraim Diveroli, David Packouz and Alexander Podrizki, Florida residents and childhood friends who became international arms dealers.
Berisha, the son of former Albanian President and Prime Minister Sali Berisha, was allegedly embroiled in a controversy involving Diveroli’s company AEY Inc., a defense contractor that tried to sell Chinese ammunition acquired in Albania to the U.S. military for use in the war in Afghanistan.
Claiming that the book misrepresented him, Berisha sued Lawson, Diveroli, Podrizki, Packouz, Simon & Schuster and Incarcerated Entertainment in federal court in 2017 in an attempt to force the publisher to remove the allegedly defamatory statements from the book.
A Florida federal judge ruled in favor of the defendants in 2018. Berisha appealed the ruling to the 11th Circuit, which heard oral arguments in the case in April.
The panel ruled Wednesday that Berisha failed to show that Lawson, his publisher or any of the other defendants knowingly published falsehoods about him.
The panel pointed out that Lawson made efforts to corroborate the stories told to him by Diveroli and Podrizki, testified that he found Podrizki and Packouz to be “extremely reliable” sources and made note of Diveroli’s habit of lying.
“Further, Lawson’s book explicitly informed the reader of these supposed problems with the men’s credibility, describing them as young partiers who drank, used drugs, and committed a major international fraud,” Senior U.S. Circuit Judge Diarmuid O’Scannlain, a Reagan appointee sitting by designation from the Ninth Circuit, wrote on behalf of the panel.
“Even if Berisha might nitpick each source for one reason or another, this wealth of evidence considered altogether does not permit a reasonable juror to find clear and convincing proof that Lawson held serious doubts about the depiction of Berisha in his book,” the ruling states.
O’Scannlain was joined on the panel by U.S. Circuit Judge Beverly Martin, an Obama appointee, and U.S. Circuit Judge Kevin Newsom, a Trump appointee.


courthousenews--2020-09-03--EPA Announces Short-Term Projects to Plug Border Sewage Flow

SAN DIEGO ( CN ) — Emphasizing the “ unprecedented ” bipartisan cooperation between local and state governments , Border Patrol and the International Boundary & Water Commission , EPA Administrator Andrew Wheeler announced short-term projects Wednesday to plug the international sewage flow across the U.S.-Mexico border .
The two projects — which will cost $ 25 million and are funded by the EPA ’ s Border Water Infrastructure Program — will control sewage and wastewater , sediment and trash that flows from the Tijuana River across the U.S.-Mexico border into San Diego , Wheeler said during a press conference @ @ @ @ @ @ @ in San Diego .
They are separate from the $ 300 million earmarked in the U.S.-Mexico-Canada Agreement for wastewater infrastructure projects along the U.S.-Mexico border .
San Diego leaders are lobbying for most of the USMCA funds to be spent to stop the sewage flow from Tijuana , something Wheeler acknowledged Wednesday , saying “ most of it will come here.
” “ We are working with Mexico and want to make sure we are solving the problems on both sides , not just this side , ” Wheeler said , noting the @ @ @ @ @ @ @ ” and the EPA is prioritizing projects which will “ use the money to solve the problem for the next generation.
” In the short term , the EPA is entering into a contract with the IBWC to divert 10 million gallons of additional wastewater a day for treatment , Wheeler said .
The EPA is paying to fund the construction and design of the diversion .
It is a project Imperial Beach Mayor Serge Dedina said will have an immediate impact on beach closures in his city due to contamination .
As @ @ @ @ @ @ @ California , Dedina has been calling for the overhaul of international wastewater treatment for years and joined other cities and the state in suing to force compliance with the Clean Water Act .
“ Our residents in Imperial Beach , we faced — like everyone else around the world — a pandemic , we faced economic devastation , ” Dedina said .
“ But unlike everyone else in the world we also faced a sewage apocalypse , where 160 days this year our beach has been closed .
When our residents needed the @ @ @ @ @ @ @ t have it , ” he added .
Dedina said ongoing sewage infrastructure improvement projects have already reduced the international sewage flow “ to zero for the first time this year.
” The Poniente Collector project was completed within the past month using $ 3.9 million in EPA funding to keep 4.5 million gallons of sewage a day from entering the Tijuana River , Wheeler said Wednesday .
Reducing the flow by another 10 million gallons that will be diverted to the wastewater treatment plant “ will have a huge impact on keeping @ @ @ @ @ @ @ .
But keeping the pressure on Mexico to improve its infrastructure across the border “ is really going to be the key to this issue ” he added .
“ We ’ ve got to push Mexico to fix its sewer system , they ’ ve got to look at water reuse seriously to make sure there ’ s zero flow from Tijuana going anywhere near the ocean , ” Dedina said .
A second project will focus on better controlling trash and sediment which flows through an area called Smuggler ’ s @ @ @ @ @ @ @ border .
The EPA will work with the city of San Diego to come up with a permanent solution to control the rubbish which would otherwise flow into the Pacific Ocean .
The project also aims to reduce flooding risk to the nearby community .

Emphasizing the “unprecedented” bipartisan cooperation between local and state governments, Border Patrol and the International Boundary & Water Commission, EPA Administrator Andrew Wheeler announced short-term projects Wednesday to plug the international sewage flow across the U.S.-Mexico border.
SAN DIEGO (CN) — Emphasizing the “unprecedented” bipartisan cooperation between local and state governments, Border Patrol and the International Boundary & Water Commission, EPA Administrator Andrew Wheeler announced short-term projects Wednesday to plug the international sewage flow across the U.S.-Mexico border.
The two projects — which will cost $25 million and are funded by the EPA’s Border Water Infrastructure Program — will control sewage and wastewater, sediment and trash that flows from the Tijuana River across the U.S.-Mexico border into San Diego, Wheeler said during a press conference Wednesday at the U.S. Coast Guard station in San Diego.
They are separate from the $300 million earmarked in the U.S.-Mexico-Canada Agreement for wastewater infrastructure projects along the U.S.-Mexico border.
San Diego leaders are lobbying for most of the USMCA funds to be spent to stop the sewage flow from Tijuana, something Wheeler acknowledged Wednesday, saying “most of it will come here.”
“We are working with Mexico and want to make sure we are solving the problems on both sides, not just this side,” Wheeler said, noting the funds could be “one time only” and the EPA is prioritizing projects which will “use the money to solve the problem for the next generation.”
In the short term, the EPA is entering into a contract with the IBWC to divert 10 million gallons of additional wastewater a day for treatment, Wheeler said. The EPA is paying to fund the construction and design of the diversion.
It is a project Imperial Beach Mayor Serge Dedina said will have an immediate impact on beach closures in his city due to contamination. As mayor of the southernmost coastal city in California, Dedina has been calling for the overhaul of international wastewater treatment for years and joined other cities and the state in suing to force compliance with the Clean Water Act.
“Our residents in Imperial Beach, we faced — like everyone else around the world — a pandemic, we faced economic devastation,” Dedina said.
“But unlike everyone else in the world we also faced a sewage apocalypse, where 160 days this year our beach has been closed. When our residents needed the beach the most, they didn’t have it,” he added.
Dedina said ongoing sewage infrastructure improvement projects have already reduced the international sewage flow “to zero for the first time this year.” The Poniente Collector project was completed within the past month using $3.9 million in EPA funding to keep 4.5 million gallons of sewage a day from entering the Tijuana River, Wheeler said Wednesday.
Reducing the flow by another 10 million gallons that will be diverted to the wastewater treatment plant “will have a huge impact on keeping our beaches clean,” Dedina said.
But keeping the pressure on Mexico to improve its infrastructure across the border “is really going to be the key to this issue” he added.
“We’ve got to push Mexico to fix its sewer system, they’ve got to look at water reuse seriously to make sure there’s zero flow from Tijuana going anywhere near the ocean,” Dedina said.
A second project will focus on better controlling trash and sediment which flows through an area called Smuggler’s Gulch – just north of the U.S.-Mexico border.
The EPA will work with the city of San Diego to come up with a permanent solution to control the rubbish which would otherwise flow into the Pacific Ocean. The project also aims to reduce flooding risk to the nearby community.


courthousenews--2020-09-03--Lawsuit Claims Yahoo Provided China With Information on Political Dissidents

SAN JOSE , Calif. ( CN ) — A survivor of the 1989 Tiananmen Square massacre is suing Yahoo !
for helping China capture political dissidents , claiming in a federal lawsuit that he was arrested , tortured and imprisoned after the web provider gave the contents of his email account to party officials .
Ning Xianhua , a Chinese activist who now resides in New York , claims Yahoo !
agreed to help the People ’ s Republic of China apprehend and torture Chinese citizens who spread pro-democracy messages over the internet as a condition of being allowed to @ @ @ @ @ @ @ officials often identify political dissidents through surveillance or hacking measures .
The Yahoo !
Defendants ’ ongoing secret cooperation and agreement with the Chinese communist regime greatly facilitated the regime ’ s identification , detention , and repression of Chinese pro-democracy freedom advocates , ” his lawsuit says , adding that Yahoo !
concealed its activities from investors and the U.S. government .
Yahoo !
founder Jerry Yang and CEO Terry Semel are named as defendants .
Ning ’ s lawsuit says Yahoo !
turned over his private information , including his phone @ @ @ @ @ @ @ contents of his emails , after Chinese authorities requested it .
Prior to his arrest , Ning had taken careful steps to avoid detection by the Communist party by encrypting his emails .
“ He thought that through Yahoo !
’ s services , he could fight for democracy while protecting his identity from PRC officials .
Mr. Ning did not know that defendants had agreed to provide and did provide the communist Chinese regime with his confidential communications and other Protected Information , ” his lawsuit states .
“ Enabled by the @ @ @ @ @ @ @ , and unscrupulous business practices , the Chinese communist regime used Mr. Ning ’ s Protected Information—including his pro-democracy communications stored on his private Yahoo !
email account—to arrest and torture him.
” According to the complaint , Ning was arrested by twelve armed PRC officers at a restaurant in Chengdu .
He was then driven 50 hours to his hometown of Shenyang where he was held in solitary confinement at a state security building , deprived of sleep , beaten by party officers and eventually shackled to the infamous spiked “ Tiger @ @ @ @ @ @ @ which he was repeatedly threatened with death .
Ning said his interrogators ’ questions centered on his email exchanges with overseas activists and the pro-democracy writings Ning disseminated through his account , specifically one essay titled The Envisions on Establishing Unions in Northeast China .
He was eventually convicted of subversion and spent two years and four months in a Shenyang prison .
He also did unpaid manual labor for ten hours a day making Christmas decorations at Dabei Prison in Shenyang , where he was punished with longer hours and beatings if @ @ @ @ @ @ @ .
“ Importantly , Yahoo !
Inc. , defendant Semel , and defendant Yang knew that the PRC would subject Mr. Ning to these abuses if they turned over his private emails and other Protected Information to the communist regime .
But they did it anyway to secure access to the lucrative Chinese market , ” his lawsuit states .
“ Operating from Yahoo !
’ s California headquarters , the Yahoo !
defendants made a conscious decision to help the PRC arbitrarily arrest , unfairly imprison , and brutally torture Mr. Ning—and @ @ @ @ @ @ @ ” After his release , Ning was arrested , detained and tortured again .
Chinese authorities also destroyed his ancestral home in Shenyang as well as his parents ’ house in retaliation for his anti-Communist advocacy , his complaint says .
Released on bail , Ning fled to Thailand where the U.S. embassy helped him gain asylum .
Ning is seeking damages for the permanent loss of bodily function and disfigurement he sustained during his torture and imprisonment as well as reimbursement for his medical expenses and the the loss of his home @ @ @ @ @ @ @ , through this lawsuit , the Yahoo !
defendants are finally made to answer for the torture and injuries befalling Mr. Ning as a result of their misconduct .
He also hopes that the Yahoo !
defendants reveal the identity of other political dissidents that they helped imprison pursuant to their agreement with the PRC communist regime , ” his lawsuit states .
“ So long as the victims of Yahoo !
defendants ’ misconduct remain unknown , they are not likely to receive the help they need.
” He is represented by @ @ @ @ @ @ @ Seplow and Mark Lanier with The Lanier Law Firm .
His counsel was unavailable for comment late Wednesday , but in a statement , Hoffman said , “ Mr .
Ning ’ s human rights were cruelly violated by Yahoo ’ s secret actions with Chinese authorities .
U.S. law forbids this kind of complicity in these egregious human rights violations .
We are proud to represent Mr. Ning in seeking the justice he deserves under U.S. and international law.
” This is not the first time Yahoo !
has found itself in @ @ @ @ @ @ @ In 2007 , Congress investigated its role in the arrest of journalist Shi Tao .
Though it initially claimed no involvement , Yahoo !
was found to have disclosed details of his email account to the Chinese government .
Yahoo !
set up a Human Rights Fund Trust fund in 2007 to atone for handing dissidents over to China , but former political prisoners later sued the company for depleting its assets .
An appellate court upheld the lawsuit in a ruling earlier this year .

A survivor of the 1989 Tiananmen Square massacre is suing Yahoo! for helping China capture political dissidents, claiming in a federal lawsuit that he was arrested, tortured and imprisoned after the web provider gave the contents of his email account to party officials.
SAN JOSE, Calif. (CN) — A survivor of the 1989 Tiananmen Square massacre is suing Yahoo! for helping China capture political dissidents, claiming in a federal lawsuit that he was arrested, tortured and imprisoned after the web provider gave the contents of his email account to party officials.
Ning Xianhua, a Chinese activist who now resides in New York, claims Yahoo! agreed to help the People’s Republic of China apprehend and torture Chinese citizens who spread pro-democracy messages over the internet as a condition of being allowed to enter the Chinese market.
“PRC officials often identify political dissidents through surveillance or hacking measures. The Yahoo! Defendants’ ongoing secret cooperation and agreement with the Chinese communist regime greatly facilitated the regime’s identification, detention, and repression of Chinese pro-democracy freedom advocates,” his lawsuit says, adding that Yahoo! concealed its activities from investors and the U.S. government.
Yahoo! founder Jerry Yang and CEO Terry Semel are named as defendants.
Ning’s lawsuit says Yahoo! turned over his private information, including his phone number, IP address, and the contents of his emails, after Chinese authorities requested it.
Prior to his arrest, Ning had taken careful steps to avoid detection by the Communist party by encrypting his emails.
"He thought that through Yahoo!’s services, he could fight for democracy while protecting his identity from PRC officials. Mr. Ning did not know that defendants had agreed to provide and did provide the communist Chinese regime with his confidential communications and other Protected Information,” his lawsuit states.
“Enabled by the Yahoo! defendants’ illegal, unethical, and unscrupulous business practices, the Chinese communist regime used Mr. Ning’s Protected Information—including his pro-democracy communications stored on his private Yahoo! email account—to arrest and torture him.”
According to the complaint, Ning was arrested by twelve armed PRC officers at a restaurant in Chengdu. He was then driven 50 hours to his hometown of Shenyang where he was held in solitary confinement at a state security building, deprived of sleep, beaten by party officers and eventually shackled to the infamous spiked “Tiger Chair” for prolonged interrogation sessions in which he was repeatedly threatened with death.
Ning said his interrogators’ questions centered on his email exchanges with overseas activists and the pro-democracy writings Ning disseminated through his account, specifically one essay titled The Envisions on Establishing Unions in Northeast China.
He was eventually convicted of subversion and spent two years and four months in a Shenyang prison. He also did unpaid manual labor for ten hours a day making Christmas decorations at Dabei Prison in Shenyang, where he was punished with longer hours and beatings if he failed to meet his assigned quota.
“Importantly, Yahoo! Inc., defendant Semel, and defendant Yang knew that the PRC would subject Mr. Ning to these abuses if they turned over his private emails and other Protected Information to the communist regime. But they did it anyway to secure access to the lucrative Chinese market,” his lawsuit states.
“Operating from Yahoo!’s California headquarters, the Yahoo! defendants made a conscious decision to help the PRC arbitrarily arrest, unfairly imprison, and brutally torture Mr. Ning—and others—to preserve their business interests in China.”
After his release, Ning was arrested, detained and tortured again. Chinese authorities also destroyed his ancestral home in Shenyang as well as his parents’ house in retaliation for his anti-Communist advocacy, his complaint says. Released on bail, Ning fled to Thailand where the U.S. embassy helped him gain asylum.
Ning is seeking damages for the permanent loss of bodily function and disfigurement he sustained during his torture and imprisonment as well as reimbursement for his medical expenses and the the loss of his home.
“Mr. Ning hopes that, through this lawsuit, the Yahoo! defendants are finally made to answer for the torture and injuries befalling Mr. Ning as a result of their misconduct. He also hopes that the Yahoo! defendants reveal the identity of other political dissidents that they helped imprison pursuant to their agreement with the PRC communist regime,” his lawsuit states. “So long as the victims of Yahoo! defendants’ misconduct remain unknown, they are not likely to receive the help they need.”
He is represented by Paul Hoffman and John Washington with Schonbrun Seplow and Mark Lanier with The Lanier Law Firm.
His counsel was unavailable for comment late Wednesday, but in a statement, Hoffman said, “Mr. Ning’s human rights were cruelly violated by Yahoo’s secret actions with Chinese authorities. U.S. law forbids this kind of complicity in these egregious human rights violations. We are proud to represent Mr. Ning in seeking the justice he deserves under U.S. and international law.”
This is not the first time Yahoo! has found itself in legal trouble for outing Chinese dissidents. In 2007, Congress investigated its role in the arrest of journalist Shi Tao. Though it initially claimed no involvement, Yahoo! was found to have disclosed details of his email account to the Chinese government. Yahoo! set up a Human Rights Fund Trust fund in 2007 to atone for handing dissidents over to China, but former political prisoners later sued the company for depleting its assets. An appellate court upheld the lawsuit in a ruling earlier this year.


courthousenews--2020-09-03--Police Officer Charged in Shooting Death of Black Man

( CN ) — A San Francisco Bay Area officer was charged with voluntary manslaughter on Wednesday for shooting and killing a man at a Walmart store this past April in what may be the first prosecution of a police officer under a new use-of-force law that took effect in California this year .
Alameda County District Attorney Nancy O ’ Malley announced the charges against San Leandro police officer Jason Fletcher in a video statement Wednesday .
Fletcher was responding to a call about a baseball bat-wielding shoplifter inside the San Leandro Walmart store at approximately 3:12 p.m. on @ @ @ @ @ @ @ video a confrontation in which Fletcher shot the alleged shoplifter Steven Taylor in the chest with his service pistol .
Taylor entered the Walmart at approximately 3 p.m. , grabbed an aluminum baseball bat and tent , and tried to leave the store without paying , according to the DA ’ s Office .
A security guard called 911 .
Upon arriving at the store , Fletcher confronted Taylor and unsuccessfully tried to pry the bat from his hand .
Fletcher then drew his taser and ordered Taylor to drop the bat .
@ @ @ @ @ @ @ taser at him .
Taylor began to lean and stumble forward toward the officer with the bat pointed at the ground .
According to the District Attorney ’ s Office , Taylor struggled to remain standing as he pointed the bat at the floor , posing no threat to Fletcher or anyone else in the store .
Fletcher shot Taylor one time in the chest with his service pistol .
Taylor dropped the bat , stumbled away and fell down .
He was later pronounced dead .
O ’ Malley said statements from @ @ @ @ @ @ @ multiple videos of the shooting show “ it was not reasonable to conclude Mr. Steven Taylor posed an imminent threat of death or great bodily injury to either officer Fletcher or to anyone else at the store.
” O ’ Malley said her office ’ s critical incident review team that investigates police shootings had to thoroughly analyze the facts and the current law , which changed this year .
Last fall , the state Legislature passed a law that raises the bar for using deadly force from “ reasonable ” to “ @ @ @ @ @ @ @ officers to only shoot when there is an imminent deadly threat , requires them to consider nonlethal alternatives and narrows the definition of imminent harm to one that “ must be instantly confronted.
” The law took effect on Jan. 1 .
“ It is the intent of the Legislature that police officers use deadly force only when necessary in defense of human life , ” O ’ Malley said .
The district attorney acknowledged that police officers ’ work is critical to the health , safety and wellbeing of communities in Alameda @ @ @ @ @ @ @ of the most demanding jobs in our society , “ especially in these current challenging times.
” However , she said Fletcher ’ s actions coupled with his failure to attempt de-escalation techniques before firing his pistol “ rendered his use of deadly force unreasonable.
” “ We understand the anger , frustration and grief that this killing has brought to you , and I assure you we will seek justice , ” O ’ Malley said .
He is scheduled to be arraigned at the East County Hall of Justice in Dublin @ @ @ @ @ @ @ Wednesday , San Leandro Police Chief Jeff Tudor said of Fletcher ’ s prosectuion , “ it is important that we allow the judicial process to take its course.
” “ As the Police Chief of San Leandro , I know the loss of Steven Taylor has deeply affected this community , ” Tudor said .
San Leandro Police Officers Association President Mike Olivera did not immediately return an email requesting comment Wednesday .

A San Francisco Bay Area officer was charged with voluntary manslaughter on Wednesday for shooting and killing a man at a Walmart store this past April in what may be the first prosecution of a police officer under a new use-of-force law that took effect in California this year.
(CN) — A San Francisco Bay Area officer was charged with voluntary manslaughter on Wednesday for shooting and killing a man at a Walmart store this past April in what may be the first prosecution of a police officer under a new use-of-force law that took effect in California this year.
Alameda County District Attorney Nancy O’Malley announced the charges against San Leandro police officer Jason Fletcher in a video statement Wednesday.
Fletcher was responding to a call about a baseball bat-wielding shoplifter inside the San Leandro Walmart store at approximately 3:12 p.m. on April 18. Multiple cellphones captured on video a confrontation in which Fletcher shot the alleged shoplifter Steven Taylor in the chest with his service pistol.
Taylor entered the Walmart at approximately 3 p.m., grabbed an aluminum baseball bat and tent, and tried to leave the store without paying, according to the DA’s Office. A security guard called 911.
Upon arriving at the store, Fletcher confronted Taylor and unsuccessfully tried to pry the bat from his hand. Fletcher then drew his taser and ordered Taylor to drop the bat. When Taylor refused, Fletcher fired the taser at him. Taylor began to lean and stumble forward toward the officer with the bat pointed at the ground.
According to the District Attorney’s Office, Taylor struggled to remain standing as he pointed the bat at the floor, posing no threat to Fletcher or anyone else in the store.
Fletcher shot Taylor one time in the chest with his service pistol. Taylor dropped the bat, stumbled away and fell down. He was later pronounced dead.
O’Malley said statements from witnesses and officers, physical evidence and multiple videos of the shooting show “it was not reasonable to conclude Mr. Steven Taylor posed an imminent threat of death or great bodily injury to either officer Fletcher or to anyone else at the store.”
O’Malley said her office’s critical incident review team that investigates police shootings had to thoroughly analyze the facts and the current law, which changed this year.
Last fall, the state Legislature passed a law that raises the bar for using deadly force from “reasonable” to “necessary.” Assembly Bill 392 calls for officers to only shoot when there is an imminent deadly threat, requires them to consider nonlethal alternatives and narrows the definition of imminent harm to one that “must be instantly confronted.” The law took effect on Jan. 1.
“It is the intent of the Legislature that police officers use deadly force only when necessary in defense of human life,” O’Malley said.
The district attorney acknowledged that police officers’ work is critical to the health, safety and wellbeing of communities in Alameda County. She said police have one of the most demanding jobs in our society, “especially in these current challenging times.”
However, she said Fletcher’s actions coupled with his failure to attempt de-escalation techniques before firing his pistol “rendered his use of deadly force unreasonable.”
“We understand the anger, frustration and grief that this killing has brought to you, and I assure you we will seek justice,” O’Malley said.
Fletcher faces a maximum penalty of 11 years in state prison.
He is scheduled to be arraigned at the East County Hall of Justice in Dublin on Sept. 15.
In a statement Wednesday, San Leandro Police Chief Jeff Tudor said of Fletcher's prosectuion, "it is important that we allow the judicial process to take its course."
"As the Police Chief of San Leandro, I know the loss of Steven Taylor has deeply affected this community," Tudor said.
San Leandro Police Officers Association President Mike Olivera did not immediately return an email requesting comment Wednesday.