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NEW YORK CITY — Defense attorneys are not only calling for two NYPD officers to be fired after body camera video showed them beating a man, shoving him to the ground and macing him, but lawyers are also calling for one of the officers to be charged with felony assault.The video, recorded on May 25, was released on Wednesday.Edda Ness is a Legal Aid Society attorney assigned to represent the man."It's unjustifiable what they did," Ness said. "They should have been fired immediately. This case should've never been prosecuted."Police confronted 30-year-old Joseph Troiano for taking up more than one seat in the mostly empty subway car, a crime that hasn't been prosecuted by Manhattan District Attorney Cy Vance's office since 2016.Troiano was charged by police with resisting arrest and other misdemeanor charges. But the district attorney's office added a felony assault charge after Vance's office determined that Troiano had injured one officer's hand in the encounter. That charge was when the video of the incident surfaced."After a thorough investigation, our prosecutor intended to offer the individual an Adjournment in Contemplation of Dismissal at his next court appearance," a spokesperson from Vance's office said in an e-mailed statement. "The District Attorney was provided with the available footage last night and determined that our office will advance the case for this purpose, dismiss the assault charge, and offer an adjournment in contemplation of dismissal for the remaining misdemeanor charge."The Legal Aid Society called for the officers' dismissal by name."[We're] calling for the two officers, Shimul Saha and Adonis Long, to be immediately fired," Ness said.Officers Adonis Long and Shimul Saha confronted Troiano around 12:30 a.m. on May 25. After Troiano was told to leave the train, he moved to another subway car. Police followed him."Step off the train," one of the officers said in the video. "You're holding up the train for everybody. Step off or I gotta drag you off."Troiano asked them how he was holding up the train, and he refused to get off. When Long reached out for Troiano's arm, the subway rider pushed Long's hand away."Don't touch me," Troiano said. "Don't touch me. Get off of me."Long then repeatedly punched Troiano in the face. The first punch caused Troiano's eyeglasses to fly off his face. Long and Saha pulled Toriano from the subway car, and he was thrown to the ground in the station.One officer pulled Troiano over to a wall while the other kicked his belongings off the train. Police told him to sit down, and then pepper-sprayed him in the face when he didn't immediately comply.Toriano turned to the wall and covered his eyes; he cried and took a few steps away from police, then fell to the ground where he continued to cry. Officers made him stand, but then told him again to get on the floor."Help me," Troiano said as he got down on the ground.Video shows that Troiano, face bloodied, struggled with police while on the floor. Officers pulled at his hair and held a hand on his neck. One of Troiano's shoes came off. He asked to be allowed to stand up."I'm having a panic attack, please," he said. "I'm sorry. Please, guys, you're killing me."Troiano was taken to a local hospital on a stretcher. He was charged by police with resisting arrest, obstruction of governmental administration and taking up more than one seat on the subway.Walter Signorelli, a retired NYPD inspector who's now an attorney who represents clients suing police, pointed out that Troiano first disobeyed an order from the officers, after which Long struck."It's always difficult to second guess an officer," Signorelli said. "The officer might have [first] said, 'You're under arrest,' which would have made everything clearer and more legal."Legal Aid is calling for prosecutors to charge Long with felony assault. Meanwhile, Ness said her client has had emotional challenges since the late May incident."It's a lot of trauma," Ness said.This story was originally published by James Ford on WPIX in New York City. 4069

NEW YORK (AP) — The U.S. Justice Department is asking to take over President Donald Trump’s defense in a defamation lawsuit from a writer who accused him of rape. Federal lawyers also asked a court Tuesday to allow a move that could put the American people on the hook for any money E. Jean Carroll might be awarded. The Justice Department lawyers argue that Trump was “acting within the scope of his office” when he denied Carroll’s allegations last year that he raped her in a New York luxury department store in the mid-1990s.She says his comments besmirched her character and harmed her career.The filing complicates, at least for the moment, Carroll’s efforts to get a DNA sample from the president as potential evidence and to have him answer questions under oath.It comes amid concerns that Attorney General William Barr has gone out of his way to intervene in other legal cases involving Trump or his allies. Barr tried to decrease the amount of prison time his office sought for Trump ally Roger Stone following a criminal trial where he was found guilty. (Stone’s sentence was later commuted by Trump.) Barr’s Justice Department has acted to dismiss its own case against former national security adviser Michael Flynn.Carroll’s lawyer, Roberta Kaplan, called the department’s argument “shocking.” 1314

NEW YORK (AP) — The satellite radio company SiriusXM has locked up its most valuable asset, Howard Stern, for five more years in a deal announced Tuesday. Terms were not disclosed. Stern was already making a reported million a year. He's invaluable to the company, which had 600,000 subscribers when Stern announced in 2004 that he was joining and now has nearly 35 million. "I had been in a toxic relationship with terrestrial radio. And no matter how well I treated the medium, no matter how successful I made them, they abused me," Stern said in a press release. "Going to SiriusXM liberated me. I felt like Tina Turner freeing myself from Ike," said Stern. "And despite the naysayers and the ridicule, we have persevered, and are thriving. I've been proven right about satellite radio over and over again. With this contract renewal, I can't wait to see what else I'll be right about.The deal also gives SiriusXM exclusive rights to Stern's audio and video library through 2032. In the press release, SiriusXM CEO Jim Meyer said the company "couldn't be happier" to continue working with the legendary shock-jock."Howard's home has been SiriusXM and it will remain that way, but we've expanded SiriusXM in recent years too, and we are excited about finding the right ways that select content from Howard can find audiences on additional platforms," Meyer said. "May I add, I consider Howard a close friend and look forward to listening to him for years to come."Stern, who's been working remotely due to the pandemic like millions of Americans, said Tuesday that now that he can work from home, 'I simply don't have an excuse to quit.' 1651

No, the 2020 Election was a total scam, we won by a lot (and will hopefully turn over the fraudulent result), but we must get out and help David and Kelly, two GREAT people. Otherwise we are playing right into the hands of some very sick people. I will be in Georgia on Saturday! https://t.co/1ziqFq9S6O— Donald J. Trump (@realDonaldTrump) November 27, 2020 365

North Dakota Senator Heidi Heitkamp is facing the very real possibility that she may have to say good bye to the seat she's held for the past six years.Heitkamp is a moderate Democrat, who touts her ability to make tough choices and not always voting based on politics. One of the hardest moments for her was voting "no" to Supreme Court nominee Brett Kavanaugh."I think that a lot of people wrote the political obituary after that vote, and it may in fact be that," says Heitkamp.Voting against Trump was also a risky move, in a state that voted for the president by a 36-point margin.When asked if that factored into her decision at all, Heitkamp replied, “No, because when you’re making this decision, especially on a Supreme Court justice, there’s no do-overs.”In recent polls, Heitkamp trailed her opponent, Congressman Kevin Cramer, by double digits.Having someone always stand with Trump seems to be what some voters in North Dakota are looking for.“She voted ‘no’ on Kavanaugh; that was a big deal to me,” says one voter.But there were plenty who would say the opposite.“I really admired her for doing what was right in her heart, rather than what she was pressured to do,” says another voter. “So, I admire her independence on that.”Heitkamp hopes that come Tuesday she'll beat the odds and be elected to serve another term. 1346