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SACRAMENTO, Calif. (AP) — A California judge has thrown out a 2016 state law allowing the terminally ill to end their lives, ruling it was unconstitutionally approved by the Legislature.Lawyers for advocates and opponents say Riverside County Superior Court Judge Daniel Ottolia did not rule on the legality of physician-assisted death. He issued an oral ruling Tuesday saying lawmakers acted illegally in passing the law during a special session devoted to other topics.Ottolia kept the law in place and gave the state attorney general five days to appeal.RELATED:  579

ROCHESTER, N.Y. -- The Chief of the Rochester Police Department has announced he is retiring after consecutive nights of protests and amid an investigation into the death of Daniel Prude, who died after being restrained by police in March."As a man of integrity, I will not sit idly by while outside entities attempt to destroy my character," Chief La'Ron D. Singletary wrote in a statement obtained by WXXI and WHAM. "The mischaracterization and the politicization of the actions that I took after being informed of Mr. Prude's death is not based on facts, and is not what I stand for."Deputy Chief Joseph Morabito also announced his retirement and said serving with the department was his "extreme honor."The city's mayor, Lovely Warren, said in a city council briefing that there could possibly be other senior commanders retiring from the department, The Associated Press reports.Rochester has been in the national spotlight after police body camera video was released last week, which shows police putting a spit mask over Daniel Prude's face, and holding him down in an effort to subdue him. Prude died of asphyxiation.Since the video's release, seven police officers have been suspended and the New York Attorney General's Office has begun an investigation into Prude's death. On Saturday, Attorney General Letitia James announced she will empanel a grand jury as part of her probe.Many citizens have been calling for the resignation of both Singletary and Rochester's Mayor, Lovely Warren, within 24 hours following the video of Prude's death becoming public.Warren has said that she was originally told Prude died from an apparent overdose, and that it wasn't until August 4 that she saw the footage of Prude being detained.Warren has since publicly pledged overhauls of police practices.For several consecutive nights, protests have erupted through Rochester. Last Friday, upwards of 2,000 people marched through the streets. As police tried to disperse the crowds, some protesters threw rocks, bottles, and even "commercial grade fireworks," according to WHAM.This story was originally published by staff at WKBW. 2132

SACRAMENTO, Calif. (AP) — A baby blue bus rolls up to a Sacramento child care center, and out comes Lt. Gov. Gavin Newsom clad in a black cape, a Batman mask obscuring half his face and an Orange plastic jack-o'-lantern in one hand."The things we do for votes," says Newsom, a Democrat and the front-runner in Tuesday's election for California governor, before handing out Halloween candy to a shark, a Batman, a fire man, a princess and a variety of Disney characters.Rounding up votes is the singular focus for Newsom and his Republican rival, businessman John Cox as they make a final push to win over undecided voters and ensure their supporters cast a ballot.Both are rolling through the state in brightly colored buses, stopping for selfies and rallying their party's faithful in California's major media markets."It's nice seeing (politicians) acting like regular people, seeing the human side" said Denae Pruner, a 33-year-old state worker in Sacramento, said as Newsom handed out candy Wednesday. Her 1-year-old daughter dressed as an angel squirmed in her arms.With much of the nation gripped by the fight for control of the U.S. House, so too are the candidates for governor in a race that's often taken a backseat to the congressional races that will determine whether Democrats gain the power to investigate President Donald Trump and thwart his legislation.The Newsom and Cox campaigns are both steering their buses toward the state's most hotly contested congressional districts in Southern California and the Central Valley to campaign with the candidates there.Cox began his final push Thursday with an early morning interview with a conservative radio host in Sacramento. Without the money to match Newsom's avalanche of television ads, Cox is looking for free opportunities to reach his supporters.He expressed confidence, despite polls showing him with a double-digit deficit. As people get to know him, he said, they'll like what they see."People are ready for change," he told reporters outside the radio station before hopping on his lime-green bus for a trip to Vallejo, then Santa Barbara.For his closing argument, he's sticking with a message he's been hammering for months — California is too expensive, and it's the fault of politicians and interest groups invested in keeping it that way."The cost of living has just been so elevated by the political class that people can't afford it," Cox said told reporters.For Newsom, the final pitch is focused on educating children in the first three years of life and on his pledge to stand up to Trump. He's has largely ignored his rival, focusing his attacks on the president.When he was done handing out candy Wednesday, it was time to the talk to the press. Newsom removed his mask and changed from a Batman T-shirt to a pressed shirt and blue coat, the costume of a politician. He wasn't keen on the television image of him talking about the serious issues confronting California while dressed like a superhero."A bully calls you out, you gotta push back," he said of Trump. "We don't have to be navel gazing. We're not a small isolated state. This is California."Despite his pricey proposals, from universal health care to a big boost in spending for early-childhood education, he insisted he'll maintain the fiscal discipline for which outgoing Gov. Jerry Brown is known."I'm not profligate," he said repeatedly. "I'm committed to prioritizing."Cox scoffed at that idea, saying the state already has a bloated budget."The people of this state want change, they want an end to tax and spend," he said. "They want a chance to have a nice house and that's what I'm going to be talking about."Polling has showed Newsom with a comfortable lead — 49 percent to 38 percent in a Public Policy Institute of California survey last month, with a 3.6 point margin of error. He's also in much better shape to reach voters, with a whopping million in the bank on Oct. 20, compared with Cox's 0,000, according to their most recent campaign finance reports.Cox is targeting cable television, online streaming services and radio. He's also done a number of one-on-one interviews with local television stations.An independent group — whose donors include Los Angeles developer Geoff Palmer, venture capitalist Floyd Kvamme and his wife, Jean Kvamme — has bought digital ads with inflammatory messages. One criticizing a San Francisco needle exchange program ends, "Gavin Newsom for Governor? Are you on crack?" 4484

Rocky, the owl recently rescued from the Rockefeller Christmas Tree, was released into the wild on Tuesday, completing a long journey that started from the world’s most famous Christmas tree.The Ravensbeard Wildlife Center showed video of Rocky’s majestic release into the wild on its Facebook page. The center is located about 100 miles north of New York City.The wildlife center said it released Rocky shortly before nightfall so the owl could find safe harbor for the night. It is believed that Rocky will join other owls in the region and head south for the winter.“She is a tough little bird and we're happy to see her back in her natural habitat. We are sure that Rocky will feel your love and support through her journey south,” the Ravensbeard Wildlife Center said in a Facebook post.It is believed that Rocky made the 170-mile trek with the tree. The owl was found when the tree made it into Manhattan. 919

Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.That's where the Office of Legal Counsel opinions come in.In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.The question of whether a President could be subpoenaed is a story for another day. 3303

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