I wrote last week about the different state and federal approaches to sealing search warrants and related documents. It was a timely topic in light of the search warrant the FBI obtained for former President Trump’s home at Mar-a-Lago. That search warrant and the inventory of items seized from former President Trump’s home have already been unsealed, but the affidavit supporting the issuance of the warrant has not. This week, the magistrate judge who issued the warrant heard arguments about whether the affidavit should be made public as well. ABC11 reports here that the judge plans to release at least a redacted version of the affidavit. The Department of Justice argued that the affidavit provides a road map to its investigation. It has a week to submit proposed redactions to the court. Keep reading for more news.
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Matthew Fishman, a sergeant in the Wayne County Sheriff’s Office, was shot and killed this week while attempting to serve involuntary commitment papers. He leaves behind a wife and two children, as well as many other friends and family members. Two other deputies were also shot but will survive. The man they were trying to serve shot and killed himself before a SWAT team entered his home. ABC11 has the story here. Read on for more, and less tragic, news.
News Roundup
CNN reports here that a “West Virginia woman has awoken from a two-year coma and identified her brother as her attacker.” Wanda Palmer was brutally assaulted in 2020, with first responders initially believing that she was dead. She wasn’t, though she was comatose. She began to emerge from the coma last month, and now is apparently coherent though unable to hold full-length conversations. After naming her brother Daniel as her assailant, she was asked why he attacked her. She reportedly responded “because he’s mean.” Daniel Palmer has been arrested for attempted murder. A criminal defense lawyer considers how an identification like this may play in court here on Fox News. Keep reading for more news.
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Over the past two weeks there have been several developments related to the murder of Emmett Till in Mississippi in 1955. Till, who was Black, was 14 years old at the time. A White woman named Carolyn Bryant Donham apparently reported that he whistled at her, grabbed her, and propositioned her while she was in a grocery store. Ms. Donham’s then-husband and another White man responded to her allegations by abducting Till from his home at gunpoint and killing him. The men were charged with murder, were acquitted by an all-White jury, and later admitted culpability in media interviews. Durham historian Timothy Tyson wrote about the incident in his 2017 book The Blood of Emmett Till.
Two weeks ago, the New York Times reported on the discovery of a 1955 kidnapping warrant for Ms. Donham, who is in her 80s and apparently lives here in North Carolina. The arrest warrant is technically still valid but the experts interviewed by the Times say it is unlikely to be served without a current examination of the potential merits of the case.
Speaking of which, the Associated Press reported yesterday on its review of an unpublished 99-page memoir by Ms. Donham. The memoir was provided to the AP by Mr. Tyson, who had obtained the document from Ms. Donham but “placed the manuscript in an archive at the University of North Carolina with the agreement that it not be made public for decades.” He decided to break the agreement after the Times story noted above. According to the AP story, Ms. Donham’s memoir generally portrays herself as attempting to prevent harm from coming to Till, but also contradicts some of her previous statements and is inconsistent with other evidence in the case, raising questions about her credibility. Stay tuned for further developments and keep reading for more news.
News Roundup
Yesterday, Justice Stephen Breyer officially resigned his seat on the Supreme Court of the United States after 28 years of service. Justice Breyer, universally described as a kind and humble person, was one of the more liberal members of the current Court on criminal justice matters. In his famous dissent in Glossip v. Gross, 576 U.S. 863 (2015), he argued that the death penalty “in and of itself” constitutes a cruel and unusual punishment prohibited by the Eighth Amendment. His replacement and former law clerk, Justice Ketanji Brown Jackson, was sworn in by Chief Justice Roberts. ABC news has more details here, including a lovely picture of Justices Breyer and Brown Jackson together. Keep reading for more news.
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Many Americans have been paying close attention to the proceedings of the House Select Committee to Investigate the January 6th Attack on the United States Capitol. Among the interested observers are federal prosecutors at the United States Department of Justice, who are increasingly frustrated with the Committee’s refusal to provide DOJ with transcripts of the Committee’s witness interviews. Politico reports here that DOJ thinks the transcripts may be useful in its effort to prosecute those who engaged in criminal activity during the attack. DOJ also views the Committee’s selective release of transcripts during televised hearings as fueling defense arguments that the Committee is making it impossible for defendant to get a fair trial.
News Roundup
This week, the North Carolina Senate passed a bill that would allow marijuana to be used for medical purposes. According to the legislative findings at the beginning of the bill, 37 states already permit marijuana to be used legally under at least some circumstances. Although the bill had bipartisan support in the Senate, its fate in the House is uncertain. Keep reading for more news.
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On Sunday evening, the deadliest mass shooting in modern American history occurred at a country music concert in Las Vegas. Armed with more than 20 guns, some modified for increased rates of fire, Stephen C. Paddock killed 58 people and wounded more than 500 others by firing upon concert-goers from an elevated position inside the Mandalay Bay hotel. The Las Vegas Review-Journal has comprehensive coverage of the shooting. Keep reading for more news.
News Roundup
CNN reports that “[t]he latest FBI annual hate crimes report shows a sharp spike in the number of hate crimes nationwide, with attacks against Muslims increasing the most sharply.” The report is based on data from 2015, compared to 2014. While the percentage increase for crimes against Muslims was greatest, anti-Semitic incidents were the most prevalent in absolute terms. The report is available here. Has there been an increase in hate crimes after the recent presidential election? Yes. Or, no. Or, yes, just like after President Obama was first elected. We may need more than 10 days of data to answer that question definitively. Keep reading for more news.