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NJ Judge Who Spared Teen Accused of Rape Because He Was From a “Good Family” Steps Down

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  • New Jersey Judge James Troiano has resigned after facing criticism for ruling that a teenage boy accused of rape should not be tried as an adult because he was from a “good family” and had good grades.
  • An appellate court overturned the ruling and made the decision public, prompting widespread outrage, protests, and numerous lawmakers to call for Troiano’s resignation. It was also reported that Troiano and his family received threats of violence.
  • Troiano’s resignation was announced by the state’s Supreme Court, which also said that they were starting the proceedings to remove Judge John Russo, who asked a woman if she had closed her legs to try to prevent an alleged sexual assault.
  • The state’s Supreme Court has ordered a new initiative to enhance the training of judges in the areas of sexual assault, implicit bias, and more.

Judge Troiano Steps Down

A New Jersey judge who recommended that a 16-year-old boy accused of rape get leniency because he was from a “good family” resigned, according to an order from the New Jersey Supreme Court issued Wednesday.

In 2018, Monmouth County Judge James Troiano denied a waiver that would have allowed the teenage boy to be tried as an adult.

The teenager was accused of raping an intoxicated girl at a party, recording it, and then sending the recording to multiple people with the caption “when your first time is rape.”

Troiano argued that the defendant should not be tried as an adult because he had good grades and was from a good family. 

He also said he did not think the incident was a “traditional case of rape,” which he defined as “two or more generally males involved, either at gunpoint or weapon, clearly manhandling a person.”

Troiano’s decision was later overturned by an appellate court, which made the ruling public in June.

Troiano has already been retired since 2012, but had continued to hear cases part-time. According to the order from the New Jersey Supreme Court, Troiano requested to step down effective immediately, and the court agreed.

Protests & Calls for Resignation

After Troiano’s decision was made public, he was met with widespread criticism and condemnation.

Numerous elected officials in New Jersey called for Troiano to resign or be removed from the bench, and petitions calling for his impeachment were circulated.

It was also reported that Troiano and his family had received phone calls and emails threatening violence. According to The New York Times, Troiano also received death threats.

On July 11, protestors gathered outside the Monmouth County Courthouse to call for the resignation of Troiano and Judge Marcia Silva, who ruled that a 16-year-old boy accused of assaulting a 12-year-old girl should not be tried as an adult because the “offense is not an especially heinous or cruel offense.”

Silva’s decision was overturned by the same appellate court.

Judge John Russo 

The state’s Supreme Court also announced that it was beginning proceedings to remove Judge John Russo, who asked an alleged victim if she had closed her legs to try to prevent being sexually assaulted.

“Because of the seriousness of the ethical violations here, it is appropriate for the Court to consider the full range of potential discipline, up to and including removal from office,” Justice Stuart Rabner, the chief justice of the Supreme Court of New Jersey wrote in the order.

According to NBC News, the state’s Supreme Court is seeking a harsher punishment for Russo after a judicial ethics commission recommended three-month unpaid suspension earlier this year.

Russo has said he was just trying to get more information from the alleged victim. 

NBC also reported that Russo had been reassigned to another county court in December, and will have until next month to contest his removal in front of a panel of state Supreme Court judges.

He will be suspended without pay during the process.

Officials Respond

New Jersey Gov. Philip Murphy released a statement on Wednesday applauding the state Supreme Court’s decision.

“Unfortunately, the inexcusable actions of several judges over recent months have threatened this reputation for thoughtful and reasoned opinion, and common decency,” Murphy said. “I am gratified that Judge Troiano will no longer sit on the bench and that removal proceedings will begin against Judge Russo.”

However, last week, New Jersey’s top public defender, Joseph Krakora, defended Troiano and Silva in a rare public statement.

“Vilifying or seeking the removal of judges who make unpopular or even erroneous decisions threatens the independence of the judiciary,” he said. “Judges are simply lawyers entrusted with the responsibility of deciding difficult cases.” 

“Litigants sometimes feel that their decisions are incorrect or unfair. That is why we have appellate courts,” he continued.

The New Jersey Supreme Court also ordered a new initiative Wednesday to improve how judges are trained to address sexual assault and domestic violence, as well as diversity and implicit bias.

See what others are saying: (The New York Times) (NBC News) (USA Today)

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Derek Chauvin and 3 Others Ex-Officers Indicted on Civil Rights Charges Over George Floyd’s Death

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  • The Justice Department filed federal criminal charges Friday against Derek Chauvin and three other former Minneapolis police officers after a grand jury indicted them for violating the civil rights of George Floyd.
  • The indictment charges Chauvin, J. Alexander Kueng, and Tou Thao for violating Floyd’s right to be free from unreasonable seizure and unreasonable force. All three, as well as Thomas Lane, were also charged with failing to provide medical care to Floyd. 
  • Chauvin was additionally hit with two counts in a separate indictment, which claims he violated the civil rights of a 14-year-old boy who he allegedly held by the neck and repeatedly beat with a flashlight during a 2017 arrest.
  • Chauvin was already convicted last month of murder and manslaughter over Floyd’s death, which Kueng, Lane, and Thao were previously charged for allegedly aiding and abetting.

Former Minneapolis Officers Hit With Federal Charges

A federal grand jury indicted Derek Chauvin and three other former Minneapolis police officers for violating George Floyd’s civil rights during the arrest that lead to his death last summer, the Justice Department announced Friday.

Chauvin, specifically, was charged with violating Floyd’s right to be free from unreasonable seizure and unreasonable force by a police officer. Ex-officers J. Alexander Kueng and Tou Thao were indicted for willfully failing to intervene in Chauvin’s unreasonable use of force.

All three men, as well as former officer Thomas Lane, face charges for failing to provide medical care to Floyd, “thereby acting with deliberate indifference to a substantial risk of harm to Floyd,” according to the indictment.

In a second, separate indictment, Chauvin was hit with two counts of civil rights violations related to the arrest of a 14-year-old boy in September 2017. During that incident, Chauvin allegedly held the boy by the neck and hit him with a flashlight repeatedly.

The announcement, which follows a months-long investigation by the Justice Department’s Civil Rights Division, comes just over two weeks after Chauvin was found guilty of three state charges of murder and manslaughter in Floyd’s death.

He is currently awaiting his June 25 sentencing in a maximum-security prison.

State-Level Charges

Kueng, Lane, and Thao all face state charges of aiding and abetting second-degree murder and manslaughter.

Kueng and Lane were the first officers to responded to a call from a convenience store employee who claimed that Floyd used a counterfeit $20 bill. Body camera footage showed Floyd sitting in the car and Lane drawing his gun as the officers ordered him out and handcuffed him. 

Floyd can be heard pleading with the officers not to shoot him.

Shortly after, Chauvin and Thao arrived, and the footage shows Chauvin joining the other officers in their attempt to put Floyd into the back of a police car. In the struggle, the officers forced Floyd to the ground, with Chauvin kneeling on his neck while Kueng and Lane held his back and legs. 

Meanwhile, in cellphone footage taken at the scene, Thao can be seen ordering bystanders to stay away, and later preventing a Minneapolis firefighter from giving Floyd medical aid.

Their trial is set to begin in late August, and all three are free on bond. The new federal charges, however, will likely be more difficult to prove.

According to legal experts, prosecutors will have to show beyond reasonable doubt that the officers knew that they were depriving Floyd of his constitutional rights but continued to do so anyway.

The high legal standard is also hard to establish, as officers can easily claim they acted out of fear or even poor judgment.

See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)

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Caitlyn Jenner Says Her Friends Are Fleeing California Because of the Homeless Population

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  • California gubernatorial candidate Caitlyn Jenner sparked outrage after an interview with Sean Hannity on Wednesday that was filmed from her Malibu airplane hangar. 
  • “My friends are leaving California,” she said. “My hangar, the guy right across, he was packing up his hangar and I said, ‘Where are you going?’ And he says, ‘I’m moving to Sedona, Arizona. I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
  • Many criticized Jenner for sounding out of touch and unsympathetic to real issues in California and suggested that she prioritize helping the homeless population rather than incredibly wealthy state residents.

Caitlyn Jenner’s Remarks

California gubernatorial candidate Caitlyn Jenner sparked outrage on Wednesday after suggesting that wealthy people are fleeing the state because of its homeless population.

Jenner sat down for an interview in her Malibu airplane hangar with Fox News’ Sean Hannity. Jenner is one of the handful of Republicans aiming to unseat current Governor Gavin Newsom in a recall election in the fall. While polls show that most Californians do not support recalling Newsom, the conservative-led movement to do so gained enough signatures to land on the ballot.

“My friends are leaving California,” Jenner claimed during the interview. “My hangar, the guy right across, he was packing up his hangar and I said, ‘where are you going?’ And he says, ‘I’m moving to Sedona, Arizona, I can’t take it anymore. I can’t walk down the streets and see the homeless.’” 

“I don’t want to leave,” she continued. “Either I stay and fight, or I get out of here.”

Jenner’s Remarks Prompt Backlash

Her remarks were criticized online by people who thought Jenner sounded unsympathetic and out of touch to the real issues in the state. Many found it hypocritical that Jenner has slammed Newsom for being elite but was so concerned for wealthy people who don’t like having to see unhoused residents on the street.

Rep. Ted Lieu (D-Ca.) called Jenner out on Twitter for seemingly fighting for a small percentage of Californians. 

Unlike you, Dems are focused on the 99% of people who don’t own planes or hangars,” he wrote. “And you know what’s going to help reduce homelessness? The #AmericanRescuePlan, which your party opposed.”

Others suggested she prioritize directly addressing the homeless situation.

“If you don’t like the homeless situation, instead of hiding in your PRIVATE PLANE HANGAR, your campaign should be about helping them,” actress Merrin Dungey said. “They don’t like their situation either. Your lifelong privilege is showing. It’s not a good color.”

Jenner, an Olympic gold medalist and reality star, is one of the most prominent transgender Americans. Because homelessness is such a common issue within the trans community, some were frustrated she was not using her campaign to fix the situation, and rather used it to complain about how it impacted her wealthy friends. 

See what others are saying: (The Hill) (Politico) (Washington Post)

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Derek Chauvin Seeks New Trial In George Floyd Murder Case

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  • A lawyer for Derek Chauvin, the former Minneapolis police officer who was convicted of murdering George Floyd, filed a motion Tuesday for a new trial.
  • Among other complaints about Chauvin’s conviction, the attorney cited “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
  • He also claimed the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial, arguing that publicity before and during it threatened its fairness. 
  • John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”

Derek Chauvin’s Attorney Files Motion for New Trial

Former Minneapolis police officer Derek Chauvin is officially asking for a new trial, hoping to overturn his conviction for the murder of George Floyd.

His attorney, Eric Nelson, filed court paperwork Tuesday laying out a number of errors he believes were made during Chauvin’s legal proceedings that violated his constitutional rights to due process and a fair trial. Nelson cited alleged issues, including, “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”

The filing did not cite any specific examples of jury misconduct, but Nelson also argued that the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial.

The court proceedings took place in the same city where Floyd was killed and where protesters drew national attention by calling for justice in his name. As a result, Nelson claimed that publicity before and during the trial threatened its fairness. He also argued that a defense expert witness was intimidated after he testified, but before the jury deliberated.

His filing asks for a hearing to impeach the guilty verdict, in part, on the grounds that the 12 jurors “felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”

It’s unclear exactly what will come of this request, but John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”

For instance, a judge previously denied Chauvin’s request to move the trial in March, saying, “I don’t think there’s any place in the state of Minnesota that has not been subjected to extreme amounts of publicity on this case.”

See what others are saying: (CNN) (NPR) (CBS)

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