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#BreakingNews Person bitten by an alligator inside the Arthur R Marshall Wildlife Refuge @PBCFR on location, 1 injured being transported to hospital pic.twitter.com/Mi8iDLsCIx— PBC Fire Rescue (@PBCFR) September 5, 2019 232

A judge in Massachusetts said the case against actor Kevin Spacey, accused of groping a young man in a bar three years ago, may be dismissed because the accuser invoked the Fifth Amendment after testifying he did not delete anything from a cell phone central to the case.Spacey, 59, faces criminal charges of indecent assault and battery in connection to the alleged July 2016 incident. The former "House of Cards" star has pleaded not guilty and did not attend the Monday hearing. If convicted, he could face up to five years in prison.The pretrial hearing in Massachusetts focused on the cell phone the accuser used to text his girlfriend and send a video during the alleged assault. The prosecution said it obtained data from the phone, which it shared with the defense, and returned the phone to the man's family.But the phone is now missing.Spacey's defense team wants to examine the phone itself, claiming that exculpatory evidence may have been deleted before it was given to police and prosecutors. One of his lawyers, Alan Jackson, told the judge they believe the accuser and his mother "deleted things off the phone....they sanitized the phone."After testifying he didn't delete anything from the phone, the accuser consulted with his attorney and decided to exercise his Fifth Amendment right against self-incrimination. Judge Thomas Barrett found the accuser had the right to take the Fifth but said his testimony will be stricken.Jackson argued that "this case needs to be dismissed, and it needs to be dismissed today."The judge said the criminal case could be dismissed, but that it would not happen Monday."I have no knowledge of any deletion on my phone"Judge Barrett ruled in June the defense was entitled to inspect the phone. But the accuser and his family have said they don't have it and don't know where it is.The accuser testified that he did not delete any messages from his now-missing iPhone 5S, which he used to text his girlfriend and a group of seven friends the night of the incident in question.While he acknowledged parts of the conversation were missing, the accuser maintained he did not delete anything from his phone and suggested there may have been an error with the phone.Read the texts"I have no knowledge of any deletion on my phone," he testified. CNN is not naming the accuser because he is an alleged victim of sexual assault.Jackson, the defense lawyer, went through some of the texts from the screen shots that were turned over to police to show that they do not entirely match the data recovered from the forensic image, including a text from his girlfriend instructing him to "walk away."The lead investigator on the case testified that data had been altered on the phone.When asked by Jackson if he knew it was a crime to delete messages, the accuser said he was not previously aware of that.The man then took the Fifth Amendment.Accuser's parents testify According to Massachusetts State Trooper Gerald Donovan, the lead investigator, their notes reflect the phone was returned to the accuser's father. But an official receipt of the phone's return was not filed by police.The accuser's father testified he did not remember getting the phone back and has not seen the phone since it was first taken by investigators."We don't know, we don't think we have the phone," he said.He said he never told anyone to delete text messages from the phone.The accuser and his mother told the court through their lawyer that the last time the accuser saw his phone was before his mother delivered it to prosecutors in December 2017. On Monday, they reiterated that to the court in testimony.The accuser's mother -- Heather Unruh, a former TV news anchor in New England -- told Jackson she never instructed her son to delete text messages on his phone but did look at the phone herself before turning it over to police. She said she was looking for a video showing Spacey's hand down her son's pants because it was "very important."Unruh testified that "I deleted a few things," but she did not say exactly what. There was "no intent on my part," she said.Jackson showed her photos of her son drinking alcohol that were deleted. Asked if she deleted the pictures because they did not play into the narrative that Spacey plied his son with alcohol, she responded she was a mother looking at her son's phone for the first time and she saw things that "concerned" her."I didn't touch anything that was relevant to the case," she said.Jackson thundered back that "everything" was relevant.What happened to the phone?Legal filings by the defense say that during the alleged assault, the accuser sent text messages to his girlfriend from the phone, including a short video, and that the screenshots of the messages appear to begin mid-conversation.Some of the texts include the accuser telling his girlfriend: he got my number, he asked me to come out with him, he pulled my zipper down... he reached down my pants. The accuser also asks for help several times in the texts.Spacey's lawyers argued that the screen shots and a report by police leave no question evidence was deleted, and they should be allowed to try to recover it.When asked about possible missing text messages, Mitchell Garabedian, a family lawyer, told CNN he had no comment.Garabedian said they're trying to find backups of what was on the phone. They have a thumb drive and a forensic image of the accuser's MacBook, but he could not guarantee there were no deletions, Garabedian said.Civil lawsuit gets droppedIn another surprising twist, a civil lawsuit filed in June against Spacey was dropped last week.In court Monday, Garabedian said "because of the emotional aspect," the civil suit has been dismissed. Garabedian, referring to Spacey's accuser, said "he only wanted one roller coaster ride at a time."Later during the testimony of the accuser's mother, Jackson asked her if the civil suit was dropped because of a secret settlement. She emphatically answered no.Spacey's accuser, who was an 18-year-old busboy at a Nantucket bar at the time of the alleged assault, filed the civil complaint on June 26. In it, the accuser said Spacey bought him "multiple alcoholic beverages" before he forcibly touched and fondled his genitals -- the same allegations he made in the criminal case.The civil lawsuit accused Spacey of explicit sexual behavior and infliction of mental distress. It demanded judgment in an amount to be determined by a jury, including costs, interests and attorney fees. 6509

A little rusty but we're back at it again! Our network is launching October 2020 (which feels simultaneously so soon and yet so far away). Let the countdown begin! 176

“You might have heard about them in the news--murderers, violent, destructive--and I can tell you that a lot of what you heard is true, because I used to be a member of MS-13," Gerardo Lopez shared in a recent TED Talk.Gerardo Lopez's story isn’t fictional. The gang warfare and drive-by shootings are a part of his true-life story."I was 14 years old... and I was going to join MS-13," Lopez said.MS-13 is an international gang rooted in Los Angeles with ties to Central America. It's widely considered one of the most dangerous organized crime organizations on the west coast and Lopez spent years on the inside.He carries pieces of his past wherever he goes; they're forever imprinted on his body. However, that past carried him onto the stage or an unlikely appearance as part of the TED Talk series. Lopez was picked out of thousands of applicants to tell his personal story in a setting usually reserved for influencers, like CEO's, celebrities, and motivational speakers.“Picture this: El Salvador -- the 1980s -- a brutally violent civil war, military soldiers kicking in front doors in the middle of the night," Lopez said. Growing up in a rundown neighborhood, with very few programs at school, Lopez wanted to be part of a community with power, pride and respect. That community was right down the street.“It was hard to find a different outlet... it was always there," Lopez said.By the time he was a teenager, his life was already consumed by drugs, alcohol, and gun violence. Gerardo says some of his closest friends were killed. "It was hurt people... hurting... hurt people," Lopez said.He spent years trapped in that lifestylem until he was approached by a friend who'd found his way out of gang life."He approached me, and he said that he started the group Homies Unidos and I was like, 'whoa what's that, and I don't think I want to go ahead and join that, ya know.' And he was like 'well, you should go ahead and give it a try' and he was a former MS-13 gang member... a person I looked up to," Lopez said.Homies Unidos is a violence prevention and intervention organization."It's a group that opens up the doors for kids that want change in their lives, or they feel lost," he describes. "They feel that nobody listens to them. They feel isolated at times." Lopez says being a part of Homies Unidos, and becoming an activist against gang violence, gave him more power, pride and respect than he had ever experienced with MS-13. So much so, that years later, he felt inspired to become a director of the organization in 2016. “Everybody has a story, right? So, it's about them having the Homies Unidos format as a safe haven for them to go ahead and share their life stories of the stuff they've been through. And not only the stuff they've been through, but now, how is it that they're going to go ahead and help others as well," Lopez said.Homies Unidos prevents kids from entering gangs and helps those already in gangs to get out. The goal is to guide kids so they can relate to each other, teaching them to become a productive member of society. Sergio Gomez started attending the group after having issues in school. He says the group saved him because he's now graduatingAs a leader of the peer-led group, Gomez says he's able to help others who are facing the same challenges.“I’m like, 'bro, why are you leaving? Just stay in school because it's better for you. What are you going to do on the streets, nothing? So keep in class,’” Gomez said.Gomez aspires to be like Lopez, potentially starting his own Homies Unidos chapter and maybe one day delivering his own motivational speech.As for Gerardo's TED Talk, it's been watched more than 3 million times on YouTube, providing a glimpse at why getting out of gangs can be difficult -- even deadly -- for kids without any other options.“A lot of people that didn't know now know the work that we're doing in gang intervention, and how important it is to go ahead and do this kind of work. And humanize those that some people at times demonize. People just want to belong… to be a part of something. We are the ones that can help them find it " Lopez said.Prior to his work with Homies Unidos, Lopez got a degree in criminal justice, and worked as a counselor at a youth detention facility.*********************If you have any questions or comments for the journalist of this story, please contact Elizabeth Ruiz via email at elizabeth.ruiz@scripps.com 4440

When it comes to mental health, it's important to have help in an emergency. But what about a place to go before it reaches that level? “People may not even know what the problem is but they know that something isn’t quite right so if they call a ‘warmline’ they're going to get somebody on the other end who is nonjudgmental who will listen to them in a way that maybe family or friends aren’t able to,” says Tom Hill with the National Council for Behavioral Health. So what is a "warmline”? Think of it as a pre-crisis call if you're having a problem or just feeling off. Some people may find themselves feeling especially off amid the holiday season. Someone on the other end of the line can provide emotional support. They can also connect you to a peer coach or support group, a mental health agency or general resources that can help with everyday life. Warmlines are helpful for those living in rural areas. Sometimes, it can be someone's first contact with mental health services. “Warmlines lift barriers and there still exists a lot of barriers for people talking about problems that they're having that they keep to themselves,” Hill says. “And if we keep it to ourselves, we don’t get better.” More than 30 states have their own warmlines.Several of those can also take calls from anywhere in the country.An unofficial list of warmlines by state can be found on 1387