In the aftermath of the widespread destruction wrought by Hurricane Helene, federal and state officials have begun providing relief assistance to affected residents in western North Carolina. These efforts have been complicated by widespread misinformation regarding the Federal Emergency Management Agency (FEMA) and others. This past weekend, someone called 911 to report that an armed man near a FEMA relief center was allegedly threatening to harm relief workers and who supposedly spoke of “truckloads of militia members” in the area. According to this report, FEMA took the threat seriously, suspending door to door visits with residents and temporarily scaling back relief efforts in response. The man in question was found with an assault rifle and a pistol and was charged with going armed to the terror of the public. The Rutherford County Sheriff’s Department ultimately determined that the man was acting alone and that the report of armed militias in the area was untrue. The Governor’s office, FEMA, and other agencies have denounced this incident and other instances of misleading and inaccurate information about disaster relief efforts. My colleague, Kristi Nickodem, recently published a blog post over at Coates’ Canons addressing what local governments can do to combat misinformation in this context, which you can read here. Read on for more criminal law news.
New Details Emerge about Incident at Trump Coachella Rally. More details have emerged regarding the man found with multiple loaded guns at a security checkpoint for a rally for former President Trump in Coachella, California. Reuters reports that the man had multiple fake passports and drivers licenses in addition to the firearms. Apparently, the man passed through an initial security screening, but a deputy later noticed that the man’s vehicle had a clearly fake license plate (apparently of the sovereign citizen variety), leading to the discovery of the guns and fake identification documents. The local Sheriff publicly speculated that the man was intending to assassinate the former president. State authorities charged the man with possession of a loaded gun and possession of a high-capacity ammunition magazine, both of which are misdemeanors under California law. After posting a $5,000 bond, the man was released from custody. A federal investigation into the matter is ongoing. Meanwhile, the man has sued the Riverside County Sheriff for defamation and Fourth Amendment violations, among other claims. He has called the Sheriff’s statements about the incident “preposterous.”
Bikers Busted. In other NC news, the U.S. Department of Justice recently announced federal charges against 16 members of the motorcycle gangs, the Hells Angels and the Red Devils. According to the indictment, two gangs worked together in and around Raleigh and Fayetteville to perpetrate violent crimes. The charges include murder in aid of racketeering, attempted murder in aid of racketeering, and witness tampering. The investigation was led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, along with the Cumberland County Sheriff’s Department and the Fayetteville Police Department. WRAL has more on the story here.
Stay of Execution in Shaken Baby Syndrome Case. Robert Roberson was convicted in 2002 of killing his 2-year-old daughter on the theory that the child died of Shaken Baby Syndrome. The science underlying that diagnosis has come under scrutiny in recent years, and Roberson has long maintained his innocence. The lead detective in the case now believes that Roberson is innocent, and Roberson’s cause has attracted widespread support from within the state and beyond. He was set to be executed last night, following denials of relief by state courts, the state clemency board, and the U.S. Supreme Court. In a stunning procedural move, a bipartisan group of state legislators issued a subpoena for Roberson to appear and testify before the legislature in an effort to stall his execution. A trial judge granted a restraining order in response to the legislative subpoena yesterday, which was quickly reversed by the Texas Criminal Court of Appeals. In a last-ditch effort, Roberson’s attorney obtained a temporary stay of execution from the Texas Supreme Court. It is unclear whether or when a new execution date will be set.
In a separate Texas case involving a death verdict for an alleged Shaken Baby Syndrome death, the Texas Criminal Court of Appeals vacated the conviction of Andrew Roark last week, according to Texas Public Radio. There, the court noted the modern scientific controversy about the diagnosis and found that Roark likely would not have been convicted if current science had been available at the time of his trial.
Glossip Back at the U.S. Supreme Court. In other death penalty news, Richard Glossip, an Oklahoma death row inmate, argued his case before the U.S. Supreme Court for the second time last week. Back in 2015, his attorneys argued that a drug used in the state lethal injection process constituted cruel and unusual punishment under the Eighth Amendment. He lost that case by a 5-4 vote. This time, Glossip is seeking to have his death verdict and conviction set aside and to be granted a new trial, pointing to newly discovered evidence showing prosecutors withheld impeachment evidence on their main witness and failed to correct false testimony at trial. Both the Oklahoma Cout of Criminal Appeals and the state Pardon and Parole board have rejected Glossip’s pleas for relief. According to SCOTUSblog, the U.S. Supreme Court justices appeared divided during argument. With Justice Gorsuch recused from the matter, a 4-4 split among the remaining justices will leave the state appellate court decision in place. Glossip has maintained his innocence for almost thirty years since his first trial and conviction in 1998. Glossip’s case has attracted the attention of celebrities, including Kim Kardashian and Dr. Phil, as well as numerous state legislators. According to this story, Glossip has previously been served his “last meal” three times.
Diddy, Meet SBF. Regular readers know we have extensively covered the case against Sam Bankman-Fried, founder of the cryptocurrency company FTX. Bankman-Fried has been convicted of fraud charges relating to his management of the company and sentenced to 25 years but continues to be housed in the Brooklyn Metropolitan Detention Center in New York City so that he has access to his lawyer during his direct appeal process. Sean “Diddy” Combs was recently charged by federal authorities with sex trafficking and other crimes and is being detained pretrial at the same jail. ABC reports that the two men are currently being housed together in a small unit at the facility designed to protect detainees and inmates who require extra security.
Dynamite! Police in Knoxville, Tennessee were called to the scene of a local recycling business last Friday when an employee tried to open a 5×5 foot metal box with a blowtorch. The box began smoking, and authorities suspected it contained a large amount of dynamite. Residents in the area were evacuated for hours while law enforcement attempted to defuse the situation. Local bomb squad members ultimately had to remove the dynamite by hand, piece by piece. Police suspect that the box had been at the facility for a few days. According to this report, a spokesperson for the local police department indicated there was no evidence that the box was left at the business for any nefarious purpose.
Shell Game. Last week, a woman pled guilty in federal court to attempted smuggling of 29 eastern box turtles in violation of the Endangered Species Act, according to the AP. Royal Mounted Canadian police discovered her two compatriots attempting to cross Lake Wallace, which straddles the United States and Canadian border, in an inflatable kayak. The Canadian officers notified U.S. Border Patrol agents, who detained the woman and searched her bag, leading to the discovery of the contraband turtles. The reptiles are apparently worth around $1,000 each on the Chinese black market, which agents believe was their ultimate destination. The woman faces up to 10 years imprisonment for the felony convictions.
Busta Robe. A New Jersey state judge landed in hot water over videos he created and posted to TikTok, according to this story from the American Bar Association Journal. The videos were apparently of the judge dancing and lip-synching lyrics of popular songs by artists such as Rihanna, Nas, and Busta Rhyme. Out of a total of 40 videos posted to the social media platform between April 2021 and March 2023, 11 were found to violate numerous canons of the New Jersey Code of Judicial Conduct, including not observing high standards of conduct and undermining public confidence in the judiciary. Some of the songs the judge covered in the videos contained explicit content and at least one of the videos involved the judge filming himself to violent rap lyrics while walking around the courthouse. The judge consented to a three-month suspension without pay.
Tote-ally Not Drugs. I previously covered the story of a Florida woman who was found in possession of a bag of drugs labeled “Bag of Drugs,” here. According to this New York Post story, a man and a woman were driving a stolen car in Portland, Oregon, around 1:00 a.m. earlier this week when police performed a traffic stop of the vehicle. During a search of the car, officers discovered a bag labeled “Definitely Not a bag full of Drugs,” which contained “a large amount of meth.” The pair are facing charges for possession of the stolen car, drug possession, and methamphetamine trafficking.
I hope everyone has a safe and relaxing weekend. I can be reached at dixon@sog.unc.edu for any questions or comments.