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A federal appeals court on Friday overturned the death sentence of Dzhokhar Tsarnaev in the 2013 Boston Marathon bombing. The three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston issued the decision more than six months after arguments were heard in the case. Tsarnaev’s lawyers had argued that intense media coverage had made it impossible to have a fair trial in Boston. The April 15, 2013, attack killed three people and injured more than 260 others. Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. 577

A judge ruled Tuesday the City of Omaha must release a video showing the death of a TV crewman during a shootout at Wendy's in 2014.Bryce Dion, a sound mixer on a shoot at a Wendy's in Omaha for the reality TV show "Cops," was shot and killed Aug. 26, 2014, after Omaha Police returned fire on a man who shot a pellet gun at officers. Officers were called to the restaurant on a report of a robbery.In the video, someone could be heard repeatedly asking, "Bryce, are you alright?" He can be seen slumped against a glass wall in the vestibule of the restaurant.Dion was wearing a bulletproof vest, but was hit with a bullet under his armpit. The suspect, Cortez Washington, who was using an airsoft pellet gun, was also killed.In 2016, Dion's brother, Trevor Dion, filed a wrongful death lawsuit against the city, which had asked a Douglas County District judge to bar the release of the video, according to the Omaha World-Herald. The lawsuit says Dion was doing as instructed when he was hit by gunfire from an Omaha police officer.“Bryce positioned himself where told, when told, and acted in accord with police officer instructions. The perpetrator drew what appeared to be a pistol, but proved to be a pellet gun that simulated discharge. Police responded with live rounds of ammunition. They shot and killed the perpetrator. As they did so, they also shot and killed Bryce who was positioned as directed between at least one police officer who arrived at the scene belatedly, other police officers, and the perpetrator.”Brian Jorde, Dion's attorney, says he plans to use the video and other evidence at trial. The proceedings are expected to begin sometime after July."There's approximately 20 bullet holes just near the area of where Mr. Dion was alone so there's a significant amount of gunfire that was exchanged," Jorde said. "We think the public deserves to know what happens when their taxpayer dollars are at work with the police and otherwise. And I think it sheds light on exactly what happened and that Mr. Dion was caught in the line of the crossfire through no fault of his own."Omaha City Attorney Paul Kratz said the city played the video in court Tuesday to support its motion for the case to be dismissed."The city presented the video to the court in support of its motion for summary judgment, and we believe the video will support that motion," Kratz said when reached by phone Tuesday night. 2468

A cloud of dust from the Sahara Desert in North Africa is now sitting over the Southeastern U.S. and the Gulf of Mexico. It brings increased particles into the air and could cause respiratory issues while many states struggle with COVID-19 cases.An animation from NASA shows the movement of the plume and where it sits as of June 25. Saharan dust plumes moving east-to-west across the Atlantic are nothing new. However, this plume is thicker than normal, bringing higher levels of desert dust to the atmosphere. 519

A chalk art controversy at Cleveland State University is getting national attention online.A group of students created a memorial for the victims of 9/11 on the sidewalks outside the CSU student center. On the morning of the somber anniversary, the university's maintenance crew removed the murals with a power washer.Now CSU and the head of its maintenance department are getting blasted on social media. The comments and reaction have not been good.But what is being lost in the online outrage is that this form of expression is actually not allowed on campus.CSU sophomore Tiffany Roberts pointed out the streaks of color that remain on the sidewalk outside the CSU Student Center Wednesday."So right here, we had two twin towers and it said 'pause,'" said Roberts.She was standing near her project on the morning of Sept. 11 when a crew showed up with a power washer."It was really disheartening to see all of our hard work kind of wash away like that," said Roberts.Roberts, along with nearly a dozen of her classmates, are members of a conservative campus group."Our whole intention was to just honor those people," said Donato Nunez.On Sunday night, they used chalk to pay their respects to the victims of 9/11."I looked through the handbook to make sure it was OK for me to chalk on campus," said Roberts.Roberts told WEWS she didn't see anything about chalk."The only thing I found was that you are not allowed to attach anything to the sidewalks or the pavements," said Roberts.Monday morning, the CSU Director of Facilities Management, who also happens to be Muslim, sent a crew out to wash the artwork away.A handful of conservative websites, along with social media, quickly erupted with outrage, alleging that it may have been politically motivated. "Absolutely disgusted by this!" wrote one Facebook user. "People can desecrate the American flag, people can refuse to stand for the national anthem, they organize Rally's to keep others from using the freedom of speech, and all that's ok... Students work hard in drawing an American flag on Sept 11th, it gets washed away, on the order of an Islamic man, and that's ok! Exactly what's wrong with this country!"Now some members of the conservative campus group acknowledge the rumors got out of hand by social media users who were unfamiliar with the facts.  "It just looks so bad, and we didn't want that," said Nunez.Cleveland State said this has nothing to do with religion and it does not allow students to use chalk to express themselves on campus. The crew was just doing its job and following protocol."People were trying to make us look bad, they were just going off facts they didn't know," said Nunez.Roberts met with the VP of Student Affairs hours after the murals were washed away.“At the end of the meeting we both agreed upon that the handbook needs to be changed, and that organizations need to be more aware that this is something that is not allowed on campus," said Roberts.Cleveland State issued the following statement: 3057

A federal judge ruled Monday Pennsylvania’s Governor Tom Wolf’s COVID-19 pandemic restrictions are unconstitutional.Four counties in the state filed a lawsuit claiming the governor’s orders closing non-life-sustaining businesses and limiting outdoor gatherings, and stay-at-home orders were unconstitutional. They stated the orders were "arbitrary, capricious and interfered with the concept of 'ordered liberty' as protected by the Fourteenth Amendment."Plaintiffs included hair salons, a drive-in theater, other businesses, as well as state representatives and congressman Mike Kelly.In his ruling, the judge says the governor’s actions likely had good intentions, “to protect Pennsylvanians from the virus," but that "even in an emergency, the authority of government is not unfettered."U.S. District Judge William Stickman IV ruling reads, “"(1) that the congregate gathering limits imposed by defendants' mitigation orders violate the right of assembly enshrined in the First Amendment; (2) that the stay-at-home and business closure components of defendants' orders violate the due process clause of the Fourteenth Amendment; and (3) that the business closure components of Defendants' orders violate the Equal Protection Clause of the Fourteenth Amendment."In his written opinion, Judge Stickman continued his explanation of his ruling."There is no question that this country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures,” Stickman wrote."Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by defendants crossed those lines. It is the duty of the court to declare those actions unconstitutional." 2007

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