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WASHINGTON — The Justice Department is quietly amending its execution protocols, no longer requiring federal death sentences to be carried out by lethal injection and clearing the way for other methods like firing squads and poison gas. The amended rule, published Friday in the Federal Register, allows the U.S. government to conduct executions by lethal injection or use “any other manner prescribed by the law of the state in which the sentence was imposed.” A number of states allow other methods of execution. The amendment to the "manner of Federal Executions" rule gives federal prosecutors a wider variety of options for execution to avoid delays if the state in which the inmate was sentenced doesn't provide other alternatives. The change also suggests that if the state where the crime occurred does not permit death sentences, a judge can designate another state with those laws and utilize their facilities to carry out the execution, according to CNN.The rule change will take effect in about a month. It remains unclear whether the Justice Department will seek to use any methods other than lethal injection for upcoming executions.On Monday, South Carolina prison officials said they have to delay an execution scheduled for Friday because they won't be able to obtain the lethal injection drugs needed. The South Carolina Supreme Court scheduled Richard Bernard Moore's execution for Friday after he exhausted his federal appeals. Moore has spent nearly two decades on death row for his conviction in the 1999 fatal shooting of a convenience store clerk in Spartanburg County. The South Carolina Department of Corrections said in a letter to the state Supreme Court last week that it won't be able to find drugs by Friday. They have not been able to secure the drugs since their last stock expired in 2013. The Associated Press obtained a copy of the letter.There are 28 states that allow federal and state executions, lethal injection is the primary manner of execution. At least nine of those states, according to CNN, allow for alternative methods such as electrocution, lethal gas, firing squad and hanging. 2136
WASHINGTON (AP) — A federal appeals court said Thursday it plans to review a decision ordering the dismissal of the Justice Department’s case against former Trump national security adviser Michael Flynn.The action by the U.S. Circuit Court of Appeals for the District of Columbia is likely to prolong the fight over Flynn’s fate and represents yet another dramatic development in a case that has taken unexpected twists and turns over the last year and turned Flynn into something of a cause celebre for President Donald Trump and his supporters.Flynn pleaded guilty in 2017 to lying to FBI agents about his conversations with a Russian diplomat ahead of the inauguration of President Donald Trump.The court set arguments for Aug. 11. It did not offer an explanation for its decision in a brief order posted online, saying only "FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020. The parties should be prepared to address whether there are 'no other adequate means to attain the relief' desired."A three-judge panel of the court ruled 2-1 last month that U.S. District Judge Emmet Sullivan had overstepped his bounds by not granting the Justice Department’s request to dismiss the case against Flynn.The Justice Department in May moved to dismiss the case against Flynn, one of the signature prosecutions of special counsel Robert Mueller’s investigation into Russian election interference.The motion followed a review by a U.S. attorney appointed by Attorney General William Barr to scrutinize the case.But rather than immediately dismiss the case, Sullivan appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. Flynn’s lawyers asked the appeals court to step in and order Sullivan to grant the department’s request. 1894
Vigorous pyrocumulus growth associated with the #PineGulchFire (seen here via GOES 16) has produced frequent lightning flashes (blue dots in the image) the last few hours. Thunder, lightning and falling ash have all been observed here at the office. Absolutely wild! ??? #COwx pic.twitter.com/F7qIzaoNi7— NWS Grand Junction (@NWSGJT) August 19, 2020 357
VISTA, Calif. (CNS) - A murder conviction was reversed Friday for a 73-year-old former Valley Center resident, who was convicted in 2001 of killing her husband and was serving a 25-years-to-life sentence, but may receive a new trial due to newly discovered DNA evidence.Jane Dorotik was found guilty of the murder of 55-year-old Robert Dorotik, whose body was found on Feb. 13, 2000, one day after his wife said he disappeared after going jogging, prompting her to report him missing.District Attorney's Office spokesman Steve Walker said "newly discovered DNA evidence developed from advanced technology unavailable at the time of the 2001 jury trial" led the D.A.'s office to concede a habeas corpus petition filed by Dorotik's attorneys, thus reversing the conviction.Dorotik was released from the California Institution for Women in Corona in April amid the COVID-19 pandemic and will remain out of custody on her own recognizance. Attorneys will reconvene Oct. 23 to discuss the possibility of a retrial."After fighting for nearly 20 years to overturn my conviction, I am so grateful to finally see this day," Dorotik said in a statement released by her attorneys."Frankly, I'm a little overwhelmed at the moment," she said. "I have maintained from day one that I had nothing to do with my husband's murder. Spending almost two decades in prison falsely convicted of killing the man I loved has been incredibly painful. I lost literally everything in my life that Bob and I had built together."Prosecutors alleged that Dorotik beat her husband to death in their bedroom in the Valley Center horse ranch they rented, then dumped his body on the side of a road a few miles away.Medical examiners concluded he died of blunt force trauma to the head and strangulation, which prosecutors alleged was committed with a hammer and rope.The prosecution theory was that Dorotik killed her husband because she would have to pay him 40% of her income in the event of a divorce.Attorneys from Loyola Law School's Project for the Innocent say Dorotik was wrongfully convicted and submitted the habeas corpus petition alleging issues with the DNA evidence and testimony used to convict her.Her attorneys say newly conducted DNA testing of the victim's clothing, fingernails and a rope alleged to be one of the murder weapons showed no evidence of Dorotik's DNA, excluding her presence from the crime scene.They also alleged a prosecution expert witness testified during Dorotik's trial that stains found in the bedroom were her husband's blood, even though most of the stains were not tested and never confirmed to be blood at all.During an afternoon hearing at the Vista courthouse, Deputy District Attorney Karl Husoe said some of the new evidence stems from "the results of the retesting of some physical items of evidence" and noted "the DNA evidence as it exists now in 2020 is much different in quality and quantity than presented at trial in 2001."The prosecutor said the new evidence "undermines the previous evidence presented at trial to the extent that a new trial would be granted by this court."Additionally, Husoe said the D.A.'s office received "new information regarding lab personnel which our office was previously unaware of, but (was) recently made known to us," but did not elaborate on the content of that information.Walker said, "Ultimately, this office intends to pursue DNA testing and retesting of the available evidence in this case using modern and advanced DNA technology available to us today. Whatever the outcome of this additional testing may be, this office will commit resources to this matter in an effort to do all we can to seek the truth and pursue justice." 3696
VISTA, Calif. (KGTV) - The mother of a 14-year-old girl sexually assaulted by a San Diego Deputy filed a civil lawsuit citing negligence and invasion of privacy.Deputy Timothy Wilson pleaded guilty to lewd acts on a minor and two counts of unlawfully taking computer data. He’s serving jail time. The victim’s mother, Jennifer Tanis, says Wilson accessed her daughter’s police file 44 times. He was able to get her home address, videos, and pictures of her daughter. She tells 10News she’s suing the county, not for money, but change. Currently, all deputies are allowed to access police files, but she thinks the only person who should have access to them is the lead investigator.She says the county failed her.“There was no system in place to protect my daughter, her story or the pictures they took of her during the investigation," Tanis said.Tanis is pushing for change not only in the county but the entire country. She reached out to Congressman Mike Levin’s office for help. San Diego County has said they have the capability of making police reports private, but only in some cases. Deputy Wilson’s case wasn’t reportedly one of them. 1152