sentencing – Michmutters
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US

Ahmaud Arbery killers’ sentencing for federal hate crimes: Live updates

BRUNSWICK, Ga. (AP) — The white man who fatally shot Ahmaud Arbery after chasing the 25-year-old Black man in a Georgia neighborhood was sentenced Monday to life in prison for committing a federal hate crime.

Travis McMichael was sentenced by US District Court Judge Lisa Godbey Wood in the port city of Brunswick. His punishment of him is largely symbolic, as McMichael was sentenced earlier this year to life without parole in a Georgia state court for Arbery’s murder.

Wood said McMichael had received a fair trial.

“And it’s not lost on the court that it was the kind of trial that Ahmaud Arbery did not receive before he was shot and killed,” the judge said.

Before the sentencing, she heard from members of Arbery’s family. Her mother, Wanda Cooper-Jones, said she feels every shot that was fired at her son from her everyday.

“It’s so unfair, so unfair, so unfair that he was killed while he was not even committing a crime,” she said.

McMichael declined to address the court, but his attorney, Amy Lee Copeland, said her client had no convictions before Arbery’s slaying and had served in the US Coast Guard. She said a lighter sentence would be more consistent with what similarly charged defendants have received in other cases, noting that the officer who killed George Floyd in Minneapolis, Derek Chauvin, got 21 years in prison for violating Floyd’s civil rights, though he was not charged with targeting Floyd because of his race.

McMichael was one of three defendants convicted in February of federal hate crime charges. His father, Greg McMichael, and neighbor William “Roddie” Bryan had sentencing hearings scheduled later Monday.

The McMichaels armed themselves with guns and used a pickup truck to chase Arbery after he ran past their home on Feb. 23, 2020. Bryan joined the pursuit in his own truck and recorded cellphone video of McMichael shooting Arbery with a shotgun as Arbery threw punches and grabbed at the weapon.

The McMichaels told police they suspected Arbery was a burglar. Investigators determined he was unarmed and had committed no crimes.

Arbery’s killing became part of a larger national reckoning over racial injustice and killings of unarmed Black people including Floyd and Breonna Taylor in Kentucky. Those two cases also resulted in the Justice Department bringing federal charges.

“The evidence we presented at trial proved … what so many people felt in their hearts when they watched the video of Ahmaud’s tragic and unnecessary death: This would have never happened if he had been white,” prosecutor Christopher Perras said before Travis McMichael was sentenced.

Greg McMichael and Bryan also face possible life sentences after a jury convicted them in February of federal hate crimes, concluding that they violated Arbery’s civil rights and targeted him because of his race. All three men were also found guilty of attempted kidnapping, and the McMichaels face additional penalties for using firearms to commit a violent crime.

A state Superior Court judge imposed life sentences for all three men in January for Arbery’s murder, with both McMichaels denied any chance of parole.

All three defendants have remained jailed in coastal Glynn County, in the custody of US marshals, while awaiting sentencing after their federal convictions in January.

Because they were first charged and convicted of murder in a state court, protocol would have turned them over to the Georgia Department of Corrections to serve their life terms in a state prison.

In a court filings last week, both Travis and Greg McMichael asked the judge to instead divert them to a federal prisonsaying they won’t be safe in a Georgia prison system that’s the subject of a US Justice Department investigation focused on violence between inmates.

Copeland said during Monday’s hearing for Travis McMichael that her client has received hundreds of threats that he will be killed as soon as he arrives at state prison and that his photo has been circulated there on illegal phones.

“I am concerned your honor that my client effectively faces a back door death penalty,” she said, adding that “retribution and revenge” were not sentencing factors, even for a defendant who is “publicly reviled.”

Arbery’s family insisted that Travis McMichael serve his sentence in a state prison. His father, Marcus Arbery Sr., said Travis McMichael had shown his son no mercy and served to “rot” in state prison.

“You killed him because he was a Black man and you hate Black people,” he said. “You deserve no mercy.”

Wood said she didn’t have the authority to order the state to relinquish custody of Travis McMichael to the Federal Bureau of Prisons, but also wasn’t inclined to do so in his case.

During the February hate crimes trial, prosecutors fortified their case that Arbery’s killing was motivated by racism by showing the jury roughly two dozen text messages and social media posts in which Travis McMichael and Bryan used racist slurs and made disparaging comments about Black people.

Defense attorneys for the three men argued the McMichaels and Bryan didn’t pursue Arbery because of his race but acted on an earnest — though erroneous — suspicion that Arbery had committed crimes in their neighborhood.

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Australia

Teenager sentenced to 10 years in prison over fatal stabbing of Jack Beasley on Gold Coast

A 17-year-old boy who fatally stabbed a teenager at Surfers Paradise on the Gold Coast more than two years ago has been sentenced to 10 years in jail but will only spend seven years in custody.

Jack Beasley died after being stabbed once in the chest in December 2019.

Five teenage boys, aged between 15 and 18 at the time, were originally charged over the 17-year-old’s death, but three were acquitted of his manslaughter at a judge-only trial last month.

The remaining two, including a 17-year-old boy, faced a sentencing hearing in Brisbane on Friday after he pleaded guilty to murder earlier this year, admitting to inflicting the fatal wound.

A 20-year-old man pleaded guilty to his manslaughter, accepting he had a common purpose to assault Mr Beasley and his friends, and that an unlawful killing would be a “probable consequence.”

The pair – who cannot be named due to youth justice laws – have also pleaded guilty to two counts each of grievous bodily harm in relation to the stabbing of one of Mr Beasley’s friends, who was seriously injured.

Knife used in ‘senseless’ way amid brawl

During a sentencing hearing on Friday, the court heard the group of teens had crossed paths with Mr Beasley and his friends, who were not known to them, and they had hatched a plan to chase them and pick a fight.

Crown Prosecutor Todd Fuller told the court the older offender took “a lead role” and was one of the “main protagonists” who “instigated the violence” with Mr Beasley.

“He was actively involved in the altercation from the start to finish,” he said.

Police tape and officers at scene of a fatal stabbing on Surfers Paradise Boulevard.
Police at the scene on Surfers Paradise Boulevard where Mr Beasley died in 2019.(abcnews)

The court heard a physical fight then broke out between some members of the two groups, including Mr Beasley.

Mr Fuller told the court the younger teen then “escalated the level of violence” by using the knife “offensively rather than defensively” and in a “senseless” way.

“The grave nature of his offending speaks for itself,” he said.

‘Left to die on the footpath’

Reading a victim impact statement to the court through tears, Mr Beasley’s mother Belinda Beasley addressed the teens who were sitting in the dock, calling them “cowards.”

“You ran away… and left Jack and [his friend] to die on the footpath with not a care in the world – what sort of people are you?” she said.

“In that one moment you destroyed so many people’s lives.”

Black and white photo of Jack Beasley
Mr Beasley’s parents established the Jack Beasley Foundation in a bid to change attitudes around youth violence among students.(ABC Gold Coast: Dominic Cansdale)

Mrs Beasley described her son as a “beautiful boy” who was “cheeky, fun-loving and easy going” and said his death had turned her life into a “living nightmare”.

“The pain you have brought to our family is indescribable,” she said.

“To lose a child in the way we lost Jack altered our lives forever.

“Being a juvenile is no excuse – everyone knows right from wrong.”

‘Deeply tragic’

In a written statement by the younger teen, read by his defense lawyer James Benjamin, he said he took “full responsibility for my actions and hold myself accountable.”

“I understand I may never be forgiven but I hope one day I will be,” he said in the statement.

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Categories
US

Russian prosecutors seek 9 1/2-year sentence for Griner

KHIMKI, Russia (AP) — Prosecutors asked a Russian court Thursday to convict American basketball star Brittney Griner and sentence her to 9 1/2 years in prison at closing arguments in her drug possession trial.

The trial neared its end nearly six months after Griner’s arrest at a Moscow airport in a case that has reached the highest levels of US-Russia diplomacy, with Washington proposing a prisoner exchange. Under Russian law, the 31-year-old Griner faces up to 10 years in prison if convicted.

Although a conviction is all but certain, given that Russian courts rarely acquit defendants and Griner have admitted to having vape cartridges with cannabis oil in her luggage, judges have considerable latitude on sentencing.

Lawyers for the Phoenix Mercury center and two-time Olympic gold medalist have pursued strategies to bolster Griner’s contention that she had no criminal intent and that the canisters ended up in her luggage due to hasty packing. They have presented character witnesses from the Russian team that she plays for in the WNBA offseason and written testimony from a doctor who said he prescribed her cannabis for pain treatment.

Griner lawyer Maria Blagovolina argued that Griner brought the cartridges with her to Russia inadvertently and only used cannabis to treat her pain from injuries sustained in her career. She said she used it only in Arizona, where medical marijuana is legal.

She emphasized that Griner was packing in haste after a grueling flight and suffering from the consequences of COVID-19. Blagovolina also pointed out that the analysis of cannabis found in Griner’s possession was flawed and violated legal procedures.

Blagovolina asked the court to acquit Griner, noting that she had no past criminal record and hailing her role in “the development of Russian basketball.”

Another defense attorney, Alexander Boykov, also emphasized Griner’s role in taking her Yekaterinburg team to win multiple championships, noting that she was loved and admired by her teammates.

He told the judge that a conviction would undermine Russia’s efforts to develop national sports and make Moscow’s call to depoliticize sports sound shallow.

Boykov added that even after her arrest, Griner won the sympathy of both her guards and prison inmates, who supported her by shouting, “Brittney, everything will be OK!” when she went on walks at the jail.

Prosecutor Nikolai Vlasenko insisted that Griner packed the cannabis oil deliberately, and he asked the court to hand Briner a fine of 1 million rubles (about $16,700) in addition to the prison sentence.

It’s not clear when the verdict will be announced. If she does not go free, attention will turn to the high-stakes possibility of a prisoner swap.

Before her trial began in July, the State Department designated her as “wrongfully detained,” moving her case under the supervision of its special presidential envoy for hostage affairs, effectively the government’s chief hostage negotiator.

Then last week, in an extraordinary moveUS Secretary of State Antony Blinken spoke to his Russian counterpart, Sergey Lavrov, urging him to accept a deal under which Griner and Paul Whelan, an American imprisoned in Russia on an espionage conviction, would go free.

The Lavrov-Blinken call marked the highest-level known contact between Washington and Moscow since Russia sent troops into Ukraine more than five months ago. The direct outreach over Griner is at odds with US efforts to isolate the Kremlin.

People familiar with the proposal say it envisions trading Griner and Whelan for the notorious arms trader Viktor Bout, who is serving a prison sentence in the United States. It underlines the public pressure that the White House has faced to get Griner released.

White House Press Secretary Karine Jean-Pierre said Monday that Russia has made a “bad faith” response to the US government’s offer, a counteroffer that American officials don’t regard as serious. She declined to elaborate.

Russian officials have scoffed at US statements about the case, saying they show a disrespect for Russian law. They remained poker-faced, urging Washington to discuss the issue through “quiet diplomacy without releases of speculative information.”

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Categories
US

Parkland shooting trial: Jurors to visit Marjory Stoneman Douglas High School today



CNN

Jurors from the sentencing portion of the trial for the gunman who killed 17 people are expected to visit the scene of the massacre at Marjory Stoneman Douglas High School’s 1200 building in Parkland, Florida, on Thursday.

The building on the school’s campus has remained sealed since the February 2018 shooting to preserve it for the trial. A new building that opened in 2020 has taken on the role of the structure, which officials have said will be torn down.

The visit is meant to help jurors analyze the evidence presented in the trial so far, Judge Elizabeth Scherer explained.

The judge instructed jurors Wednesday to “avoid touching, manipulating or moving anything.” She also told them to explore the scene on their own and at their own pace, moving as a group from floor to floor.

“Nothing will be explained or pointed out to you,” the judge’s instructions said. Jurors have also been told to avoid speaking to anyone until the viewing is complete.

Jurors will not be allowed to have a smart phone, smart watch or any type of camera, during the jury view. In court, attorneys encouraged the judge to ask jurors to wear closed-toe shoes because they could encounter glass on the floor.

The current phase of the trial is to determine gunman Nikolas Cruz’s sentence: Prosecutors are seeking the death penalty, while Cruz’s defense attorneys are asking the jury for a sentence of life in prison without the possibility of parole. To recommend a death sentence, jurors must be unanimous. If they do so, the judge could choose to follow the recommendation or sentence Cruz to life instead.

Cruz is not expected to be at the crime scene.

Following the visit, some impact statements are expected in court, the judge said.

Wednesday was the third day of victim impact testimony in the trial of Cruz, who pleaded guilty to 17 counts of murder and 17 counts of attempted murder for the shooting.

Much of the testimony in the Broward County court – particularly from the parents of the 14 students killed – has focused on all the things the victims and their families will never get to do and the irreparable damage to their everyday lives.

“Our family is broken. There is this constant emptiness,” said Max Schachter, the father of 14-year-old Alex, who loved chocolate chip cookies, playing the trombone and video games.

“I feel I can’t truly be happy if I smile,” Schachter said Wednesday. “I know that behind that smile is the sharp realization that part of me will always be sad and miserable because Alex isn’t here.”

The loss of her daughter Meadow Pollack, 18, has “destroyed” Shara Kaplan’s life, she told the jury Tuesday, “and my capability of ever living a productive existence.” To articulate how her daughter’s death de ella impacted her de ella, she said, she would have to rip out her heart de ella and show them how it had shattered into a million pieces.

And the Hoyer family will never be the same. “We were a family unit of five always trying to fit into a world set up for even numbers,” said Tom Hoyer, whose 15-year-old son Luke – the youngest of three – was killed. “Two-, four-, six-seat tables in a restaurant. Two-, four-, six-ticket packages to events. Things like that.”

But the Hoyers are no longer a family of five, and “never again will the world feel right, now that we’re a family of four,” Hoyer said.

“When Luke died something went missing in me,” he said. “And I’ll never, never get over that feeling.”

To make their sentencing decision, jurors will hear prosecutors and defense attorneys argue aggravating factors and mitigating circumstances – reasons Cruz should or should not be executed.

The victim impact statements add another layer, giving the families and friends of the victims their own day in court, though the judge told the jury the statements are not meant to be weighed as aggravating factors.

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