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Chauvin Trial Judge Says Rep. Waters Comments Could Be Grounds for Appeal

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  • Judge Peter Cahill, who is overseeing the trial of former police officer Derek Chauvin, said on Monday that Rep. Maxine Waters’ (D-Ca.) suggestion that protesters “get more confrontational” if the jury does not return a guilty verdict could be grounds for the case to be appealed.
  • Cahill’s remarks came after Chauvin’s lawyer moved for a mistrial, arguing that  Waters’ comments, made this weekend, amounted to threats and intimidation. Cahill rejected the motion.
  • Republican politicians quickly condemned Waters and claimed she was inciting violence, including House Minority Leader Kevin McCarthy (R-Ca.), who proposed a measure to censure her.
  • Democrats defended the Congresswoman, arguing she was not encouraging unrest and accused McCarthy of hypocrisy. Others slammed Cahill, arguing he was undermining free speech and pointing to incidents where similar remarks were not considered grounds to appeal a case.

Judge Cahill Admonishes Rep. Waters

The judge overseeing the trial against Derek Chauvin, the former Minneapolis police officer accused of murdering George Floyd, said Monday that comments made by Rep. Maxine Waters (D-Ca.) over the weekend could be grounds for the entire case to be appealed.

While speaking in Minneapolis on Saturday, Waters said that protesters should “stay on the street” and “get more confrontational” if Chauvin is acquitted.

Following closing arguments Monday afternoon, Chauvin’s lawyer, Eric Nelson, asked for a mistrial, arguing that the Congresswomen’s remarks amounted to threats and intimidation against the jury.

Judge Peter Cahill, who ended every day of testimony by telling jurors “have a good night and don’t watch the news,” dismissed the request, arguing that he believed her remarks would not prejudice the jury, but adding a key caveat.

“I’ll give you that Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned,” he said. “I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch and our function.”

Response & Backlash

Immediately, numerous Republicans seized on Cahill’s comments, condemning Waters and accusing her of inciting violence.

House Minority Leader Kevin McCarthy (R-Ca.), announced on Twitter that he was introducing a resolution to censure Waters.

Many also defended Waters, claiming she was not inciting violence. That includes House Speaker Nancy Pelosi (D-Ca.) who said her colleague was talking “about confrontation in the manner of the civil rights movement.” 

Others who took to Twitter echoed that, arguing that McCarthy was being a hypocrite because he himself spread false election claims promoted by former President Donald Trump. Those claims would later incite the Jan. 6 insurrection.

Some additionally accused the minority leader of censuring a Black woman for speaking out against violence in her community but refusing to take any action against members of his party. Many specifically flagged Rep. Matt Gaetz (R-Fl.), who is being investigated for sex trafficking a minor, and Rep. Marjorie Taylor Greene, who previously posted racist and antisemitic comments on social media and liked posts calling for Pelosi to be assassinated.

Others took direct aim at Judge Cahill, arguing that he was undermining Waters’ right to free speech and that he was the one who warned the jury not to pay attention to the news but did not sequester them from the get-go.

That point was bolstered by some who pointed out previous incidents where similar remarks were not considered grounds to appeal a case.

“If a statement from Maxine Waters can be used as justification to overturn a guilty verdict for Derek Chauvin on appeal, then courts are gonna have to go back and revisit every single case where Donald Trump made a comment about pending trials for 4 years when he was in office,” CNN commentator Keith Boykin wrote.

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

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Miami Man Gets 6 Years in Prison After Using COVID Relief Funds To Buy Lamborghini

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  • A Florida man was sentenced to more than six years in prison after fraudulently obtaining $3.9 million in COVID-19 relief funds and using that money for personal purchases.
  • Authorities said David Tyler Hines falsified federal applications to secure loans from the Paycheck Protection Program loans, which were meant to help small businesses struggling during the pandemic.
  • After receiving the funds, Hines began blowing it on jewelry, resort stays, dating websites, and even a $318,000 Lamborghini Huracan.

Hines Defrauds Government

A man in Miami, Florida, has been sentenced to more than six years in prison this week for fraudulently obtaining millions of dollars in coronavirus relief funds and using that money for personal expenses.

David Tyler Hines, 29, is accused of falsifying federal applications to secure $3.9 million in Paycheck Protection Program loans, which were meant to help small businesses stay afloat during the pandemic.

The Justice Department claims he actually requested $13.5 million in paycheck protection loans for various companies using false and fraudulent IRS forms last year. At the time, he stated the money would ensure his employees would continue to get paid throughout the state-mandated lockdowns.

According to a federal complaint, however, those employees either never existed or earned only a fraction of what he claimed to pay them.

“Collectively, Hines falsely claimed his companies paid millions of dollars in payroll the first quarter of 2020. State and bank records, however, show little to no payroll expense during this period,” the complaint adds.

Hines Makes Luxury Purchases With Funds

Authorities said that within days of securing the nearly $4 million from the federal government, Hines began blowing it on extravagant personal purchases, including jewelry, resort stays, and a $318,000 2020 Lamborghini Huracan. Two payments totaling $30,000 were also documented as going to “mom,” according to the criminal complaint, while some money also went to dating websites.

Investigators became aware of the scam after the Lamborgini was involved in a hit-and-run incident back in July. The vehicle was ultimately linked back to Hines, which kick-started the investigation.

In February, Hines pleaded guilty to one count of wire fraud in connection with the scheme. As part of the sentencing, he was ordered to forfeit the $3.4 million, as well as the Lamborghini

See what others are saying: (Orlando Sentinel) (Complex) (HuffPost)

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Trial for 3 Ex-Officers Charged in George Floyd Murder Pushed To March

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  • A Minnesota judge ruled Thursday that the August trial for three officers charged with aiding and abetting the murder of George Floyd will be postponed until March 2022 so a recently filed federal case can proceed first.
  • Ex-officers Derek Chauvin, Thomas Lane, J. Alexander Kueng, and Tou Thao were indicted on federal civil rights charges shortly after Chauvin was convicted of murder and manslaughter by a state jury last month.
  • In Thursday’s announcement, the judge also argued the postponement was necessary to create “some distance from all the press that has occurred and is going to occur this summer” regarding Chavuin’s case and upcoming sentencing.
  • No date has been scheduled for the federal trial yet, and experts have said it is unclear if it will happen before March 7, the new date set for the state case.

Judge Cahill Postpones Trial

The trial of three former Minneapolis police officers charged for their involvement in the murder of George Floyd will be pushed from August to March 2022, a judge ruled Thursday.

Thomas Lane, J. Alexander Kueng, and Tou Thao were previously facing state charges of aiding and abetting manslaughter and murder, but last week, they were indicted on additional federal civil rights charges.

The federal indictment charges Kueng and Thao with willfully failing to intervene in unreasonable use of force deployed by their fellow former colleague Derek Chauvin, who was convicted of murder and manslaughter last month for kneeling on Floyd’s neck for over nine minutes.

All four ex-officers 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 his decision, Hennepin County Judge Peter Cahill said he moved the Minnesota trial so the federal case could proceed first. Notably, Cahill also cited his desire to create more distance between the state trial and the widely publicized legal proceedings against Chauvin.

“What this trial needs is some distance from all the press that has occurred and is going to occur this summer,” he said in court on Thursday.

A date for the federal trial has not yet been scheduled, it is uncertain if it would happen before March 7, the new date set by Cahill for the state trial.

The decision to file the civil rights charges against Lane, Kueng, and Thao came as surprise to many legal experts as federal indictments are not usually brought until after state cases are concluded.

The move is also unusual because Chauvin had already been convicted of murder in Minnesota. By contrast, the federal government normally only files charges in cases where they believe justice was not served at the state level.

For example, the four officers who were accused of beating Rodney King in Los Angeles in 1991 were only indicted on federal charges after they were acquitted in California.

Uncertainty Around Sentencing

Defense attorneys for Kueng, Lane, and Thao agreed with the judge’s decision, but state prosecutors did not support the delay, a fact that experts said could mean the three former officers are seeking a plea deal.

“One can infer that the defense attorneys are hoping that the federal case will offer lower penalties for their clients and a dismissal of the state charges,” Mark Osler, a former federal prosecutor told the Associated Press.

Under Minnesota law, aiding and abetting is treated the same as the underlying crime. If the ex-officers are convicted, the state’s sentencing guidelines for people without previous criminal histories would recommend prison sentences of 12 and a half years for the murder counts and four years for the manslaughter counts.

Cahill, however, has the flexibility to increase the sentences if he finds aggravating factors, as he did with Chauvin in a ruling Wednesday.

In the decision, Cahill agreed with prosecutors that Chauvin abused his power, acted “particularly cruel” to Floyd, and committed the crime in front of children with at least three other people.

Experts say the judge is likely to give Chauvin a 30-year sentence for the second-degree murder charge, which carries a maximum of 40 years.

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

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Ohio Will Give 5 People $1 Million for Getting Vaccinated

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  • Ohio is launching a lottery program that will give five people ages 18 or older $1 million each if they receive at least one dose of a COVID-19 vaccine.
  • Five vaccinated people between 12 and 17 years old will win full four-year scholarships to one of the state’s public universities under a similar giveaway program. 
  • Some have criticized the move as a waste and misuse of federal coronavirus relief funds, but others applauded it as a strong effort to boost slumping vaccination rates.
  • Gov. Mike DeWine (R) addressed critics on Twitter, writing, “The real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”

Ohio Announces Vaccine Lottery

Several states and cities across the country have been rolling out different incentives to help boost COVID-19 vaccination rates. Some are offering $100 savings bonds, $50 prepaid cards, and even free alcohol, but Ohio’s Republican Gov. Mike DeWine took it a step further Wednesday, saying that five people in his state will each win $1 million for getting vaccinated.

DeWine said that the lottery program, named “Ohio Vax-a-Million,” will be open to residents 18 and older who receive at least one dose. Drawings start May 26 and winners will be pulled from the state’s voter registration database.

The Ohio Lottery will conduct the drawings, but the money will come from existing federal coronavirus relief funds.

Younger people will also have a chance to win something. That’s because DeWine said five vaccinated people between 12 and 17 years old will be eligible to win a full four-year scholarship to one of the state’s public universities under a similar lottery program. The portal to sign up for that opens May 18.

DeWine Defends Lottery

Reactions to the giveaway have been mixed. Some echoed statements from State Rep. Emilia Sykes, the top House Democrat, who said, “Using millions of dollars in relief funds in a drawing is a grave misuse of money that could be going to respond to this ongoing crisis.”

DeWine, however, seems to have anticipated pushback like this.

“I know that some may say, ‘DeWine, you’re crazy! This million-dollar drawing idea of yours is a waste of money,'” he tweeted. “But truly, the real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”

Despite some backlash, a ton of other people have applauded the plan as a smart way to encourage vaccinations across all age groups. So far, about 36%of Ohio’s population has been fully vaccinated — compared with 35% nationally. 

Still, the number of people seeking vaccines has dropped in recent weeks, with an average of about 16,500 starting the process last week, which is down from figures above 80,000 in April. 

See what others are saying: (AP News) (NPR)(The New York Times)

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