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Convicted Colorado pipe bomber will get new trial 30 years later
Convicted Colorado pipe bomber will get new trial 30 years later
A convicted Colorado pipe bomber will receive a fresh trial after spending 30 years behind bars for a string of attacks that killed two people. James Genrich, 60, was sentenced to life imprisonment for the bombings which killed Maria Delores Gonzales, 12, and 43-year-old Henry Ruble in Grand Junction in 1991. Genrich was found guilty in 1993 of three counts of use of an explosive or incendiary device to commit a felony, one count of third-degree assault and two counts of first-degree murder -extreme indifference. He was convicted after a prosecution expert – Agent John O’Neil of the Bureau of Alcohol, Tobacco, Firearms and Explosives – told the jury that marks on the bombs must have been made by the suspect’s tools, ruling out the possibility of any other tools being responsible. Now Judge Richard Gurley of the 21st Judicial District has ruled that advances in forensics and science mean that the expert’s testimony was flawed, reported The Denver Post. In a 30-page order, the judge ruled that the expert could not accurately say that no other tools could have made the marks on the bomb. The judge ruled that the testimony violated Genrich’s constitutional due process and right to a fair trial. “The court finds that the conclusion that the defendant’s tools caused the cuts to the wires from the bombs to the exclusion of every other tool was a crucial piece of evidence in the defendant’s case and without it, the people’s case would have been almost entirely circumstantial,” the judge wrote. Mesa County District Attorney Dan Rubinstein says that his office stands by the tool evidence and plans to appeal the ruling. “There was a lot of other evidence in the case other than that, and that’s part of my disagreement with the decision,” he said. “The evidence in the case was very strong and went well beyond the tool-mark evidence.” Genrich was represented in his appeal by the Innocence Project, a non-profit dedicated to overturning convictions of wrongly convicted prisoners. “Mr Genrich is very pleased that the court granted his request for a new trial,” said Tania Brief, a senior staff attorney on his legal team. The judge set a hearing in the case for 28 July and stated that he intends to formally vacate the conviction for first-degree murder at that time. The pipe bombings started in Mesa County in 1989, with an undetonated device found outside a hotel in April of that year. Three bombs would detonate in 1991, killing the two victims and injuring others. Genrich’s home was raided after investigators received a tip, and they found pliers, fuses, a circuit board and a multi-tool. The jury was also told that Genrich lived within walking distance of two of the three bombing locations, and had been seen in the area. Prosecutors also said that he had threatened to kill in the past and had expressed frustration with women. Genrich is currently being held at the state’s Arkansas Valley Correctional Facility in Crowley County. Read More Colorado lawmakers sue colleagues over closed-door meetings Could a ‘fake’ same-sex couple force the Supreme Court to revisit a case targeting LGBT+ rights? Automaker Stellantis signs deal company seeking to mine in Nebraska for rare earths needed in EVs
1970-01-01 08:00
Donald Trump won’t be defended by the Justice Department in E Jean Carroll defamation suit
Donald Trump won’t be defended by the Justice Department in E Jean Carroll defamation suit
The Department of Justice has told a federal judge in New York that it will no longer defend former president Donald Trump in a defamation case brought by writer E Jean Carroll, who earlier this year won a civil judgement against the ex-president for sexual battery and defamation in a separate matter. In a letter to the attorneys for Mr Trump and Ms Carroll, Principal Deputy Assistant Attorney General Brian Boynton said the department would now decline to certify that Mr Trump was acting in the scope of his job as President of the United States when he denied attacking Ms Carroll in June 2019 and accused her of fabricating a sexual assault claim against him to boost book sales. Mr Boynton said the decision, which reversed an earlier effort to defend Mr Trump which had begun during his term in the White House, came due to clarified appellate court precedent which stated that courts need not always find that an elected official’s statements to the press were in the scope of their employment. “Applying the clarified D.C. respondeat superior standard, the Department has determined that it lacks adequate evidence to conclude that the former President was sufficiently actuated by a purpose to serve the United States Government to support a determination that he was acting within the scope of his employment when he denied sexually assaulting Ms. Carroll and made the other statements regarding Ms. Carroll that she has challenged in this action,” he said. The Justice Department official also said the department had considered new evidence of Mr Trump’s state of mind when he made the statements at issue, and determined that it “does not establish that he made the statements at issue with a ‘more than insignificant’ purpose to serve the United States Government”. Additionally, Mr Boynton noted that even though the defamatory statements regarding Ms Carroll and the allegations she was making against Mr Trump were made during a press gaggle on the South Lawn of the White House, they were not made in the context of “a work-related incident”. “Here, although the statements themselves were made in a work context, the allegations that prompted the statements related to a purely personal incident: an alleged sexual assault that occurred decades prior to Mr Trump’s Presidency. That sexual assault was obviously not job-related,” he said. Although the Justice Department official conceded that an elected official’s “ability to retain the trust of his constituents” is “an important part of his ability to effectively perform his job,” he said the “evidence of personal motivation” in the case at hand “outweighs any public- purpose inference one might draw in other circumstances,” and cited statements Mr Trump made about Ms Carroll after he left office — and after a New York jury found that he had defamed her in a separate trial in May. “The later statements are substantially similar to the three June 2019 statements at issue in this action, and because he was no longer the President when he made the later statements, Mr. Trump could not have been motivated by any interest in serving the United States Government,” he said. He added later that the jury’s finding that Mr Trump sexually assaulted Ms Carroll in a department store changing room in the 1990s “supports an inference that Mr Trump was motivated by a ‘personal grievance’ stemming from events that occurred many years prior to Mr Trump’s presidency”. Without the Department of Justice’s intervention to defend the twice-impeached ex-president, he will not be able to argue that he enjoys any immunity from the lawsuit and he will not be able to substitute the US government as a defendant in the case. And because a prior jury already found similar statements he made about the former Elle magazine writer to be defamatory, legal experts say it will be a simple matter for Ms Carroll to obtain another jury verdict against him when the case goes to trial. Ms Carroll’s attorney, Roberta Kaplan, said: “We are grateful that the Department of Justice has reconsidered its position. We have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite, and not as President of the United States. Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll’s original case in January 2024.” Read More Trump loses bid to throw out E Jean Carroll defamation lawsuit Donald Trump countersues E Jean Carroll for defamation over rape claims Trump is funneling 10% of 2024 campaign donations to cover his legal bills Judge lets columnist amend defamation claim with over $10 million demand for damages from Trump
1970-01-01 08:00
'AGT' Season 18: Who is 40 pounds? CEO of Lyve Tyme dance group wows judges with hat-flipping routine
'AGT' Season 18: Who is 40 pounds? CEO of Lyve Tyme dance group wows judges with hat-flipping routine
40 pounds, the hat-flipping dancer on 'AGT' Season 18, is not only the CEO of Lyve Tyme dance group but also a viral sensation on Instagram and TikTok
1970-01-01 08:00
Who is Artem Shchukin? 'America's Got Talent' Season 18 contestant is 'World Champion' magician who excels in illusions
Who is Artem Shchukin? 'America's Got Talent' Season 18 contestant is 'World Champion' magician who excels in illusions
Artem Shchukin won the 'World Champion of Magic' title in 2022 and is bound to astonish the judges and audience alike with his talent
1970-01-01 08:00
Who are Let It Happen? Sibling dance trio on 'AGT' Season 18 has Ellen, Michael B Jordan, and Jennifer Garner on their fan list
Who are Let It Happen? Sibling dance trio on 'AGT' Season 18 has Ellen, Michael B Jordan, and Jennifer Garner on their fan list
Let It Happen has collaborated with Netflix, Nike, Coco-cola, and other popular brands, and has toured Europe, Asia, and the US
1970-01-01 08:00
Who are Presley Rae and Taylor Termini? 'AGT' Season 18 contestants have already released an EP
Who are Presley Rae and Taylor Termini? 'AGT' Season 18 contestants have already released an EP
Presley Rae and Taylor Termini have not posted anything about their 'AGT' Season 18 audition on social media
1970-01-01 08:00
House Judiciary Chair proposes budget cuts to FBI and Justice Department
House Judiciary Chair proposes budget cuts to FBI and Justice Department
House Judiciary Chairman Jim Jordan of Ohio is calling on Congress to stop funding Department of Justice investigations into elected officials, political candidates and their families until a new policy for how they are managed is developed.
1970-01-01 08:00
Trump suggests Hunter Biden should get ‘a death sentence’ in unhinged attacks as investigations close in
Trump suggests Hunter Biden should get ‘a death sentence’ in unhinged attacks as investigations close in
As a grand jury in Georgia convened to potentially consider criminal charges against him, and as a partisan investigation into his political enemies appears to have imploded, Donald Trump lashed out on his Truth Social with a series of unhinged posts suggesting President Joe Biden’s son should get the death sentence and that a “crackhead” is running the White House. The leading Republican candidate for the 2024 presidential nomination, facing what could be a third criminal indictment within a year, lambasted a federal prosecutor who directly refuted baseless allegations that the investigation into Hunter Biden was marred by political interference. In another post, he said the “deranged” US Department of Justice special counsel investigating Mr Trump’s alleged mishandling of classified documents and his attempts to overturn 2020 election results should instead investigate the “Cocaine dilemma” at the White House. “I’d bet they already know the answer, but just in case, it could be done in 5 minutes,” Mr Trump wrote. “Is it Crooked Joe and his wonderful son, Hunter? Release the findings, release the tapes. We can’t have a crackhead in charge of our Nuclear Arsenal!!!” Mr Trump called US Attorney David Weiss a “COWARD” and a “smaller version” of his Attorney General Bill Barr, who “never had the courage to do what everyone knows should have been done.” “He gave out a traffic ticket instead of a death sentence,” Mr Trump wrote. Last month, the Justice Department approved a plea deal with Hunter Biden that will likely allow the 53-year-old to avoid prison in exchange for a guilty plea over failing to pay taxes on income he received in 2017 and 2018. Shortly before that plea deal was struck, IRS agent Gary Shapley alleged before a congressional committee that the Justice Department had buried a more-serious case against the president’s son, and that Mr Weiss unsuccessfully persuaded federal prosecutors to bring charges, prompting Mr Weiss to request his appointment as a special counsel. Mr Weiss, who was appointed by Mr Trump, has shot down those claims. “To clarify an apparent misperception and to avoid future confusion, I wish to make one point clear: in this case, I have not requested Special Counsel designation,” he wrote in a recent letter to the Senate Judiciary Committee. On Monday, the Justice Department announced charges against a “whistleblower” who has repeatedly accused the Bidens of corruption with arms trafficking, acting as a foreign agent for China and violating Iran sanctions – charges that have roiled Republican officials who have repeatedly accused the Bidens of wrongdoing without presenting such evidence. Meanwhile, Republicans like Mr Trump have baselessly accused the Bidens of trafficking cocaine into the White House after the drug was allegedly discovered at an entry while the family was in Maryland. Congressional Republicans have demanded a briefing from the US Secret Service. The former president’s latest statements come as a grand jury in Atlanta was sworn in to consider charges against Mr Trump and his allies in their attempts to subvert the outcome of Georgia’s election results in that state. A potential indictment in that state would follow federal charges in Florida stemming from the Mar-a-Lago classified documents case and in New York City, where prosecutors have criminally charged him with 36 counts of falsifying business documents. The Georgia case is separate from the Justice Department special counsel probe into his attempts to overturn 2020 election results. On Monday, Mr Trump’s lawyers asked a federal judge in Miami to indefinitely delay his trial on charges over his handling of classified documents, claiming that it would not be possible to try the case before the presidential election. In the 12-page filing, they called the government’s case against him “extraordinary” and claim it “presents a serious challenge to both the fact and perception of our American democracy” because Mr Trump is seeking his party’s nomination to run against the incumbent president who defeated him in 2020. Read More Trump news – live: Georgia grand jury sworn in for 2020 election case as Trump calls Biden ‘crackhead’ Georgia grand jury sworn in to consider Trump charges over attempts to upend 2020 election He claimed to have dirt on the Bidens. Now the DoJ say he’s a Chinese spy. Who is Gal Luft? Karine Jean-Pierre shuts down ‘incredibly irresponsible’ question about White House cocaine
1970-01-01 08:00
MLB All-Star Game 2023 score, highlights and expert analysis [UPDATED]
MLB All-Star Game 2023 score, highlights and expert analysis [UPDATED]
As the 2023 MLB All-Star Game unfolds in Seattle, follow along live with updates from the FanSided team, including Kevin Henry in the press box.The 2023 Midsummer Classic is upon us, with the American League playing host to the National League at T-Mobile Park in Seattle, Washington. Vladimir Gu...
1970-01-01 08:00
Gerrit Cole used Houston connection to earn MLB All-Star start
Gerrit Cole used Houston connection to earn MLB All-Star start
The MLB All-Star rosters for 2023 feature a ridiculous amount of talent, so how exactly did Yankees ace Gerrit Cole work his way into a starting spot for tonight's game?Sports are usually all about fair competition, but sometimes, it doesn't hurt to use certain tools at your disposal t...
1970-01-01 08:00
Who is MOS? 'America's Got Talent' Season 18's saxophone girl band has collaborated with popular Japanese artists
Who is MOS? 'America's Got Talent' Season 18's saxophone girl band has collaborated with popular Japanese artists
MOS is all set to serenade the judges in the upcoming episode of 'America's Got Talent' Season 18
1970-01-01 08:00
Who is Oswaldo Colina? 'Britain's Got Talent' sensation tries to impress Simon Cowell again in 'AGT' Season 18
Who is Oswaldo Colina? 'Britain's Got Talent' sensation tries to impress Simon Cowell again in 'AGT' Season 18
'America's Got Talent' Season 18 contestant Oswaldo Colina has previously appeared in 'Britain's Got Talent' Season 15 but failed to reach the semi-finals
1970-01-01 08:00
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