July 21, 2020 • No Comments • National News

Michael Ciaglo/Getty ImagesBy ELLA TORRES, ABC News

(AURORA, Colo.) — City council members in Aurora, Colorado, unanimously passed a resolution Monday evening allowing for an “independent, unbiased” investigation into the death of Elijah McClain, a 23-year-old unarmed Black man who died after he was apprehended by Aurora, Colorado, police in August 2019.

The resolution stated that a neutral-third investigation is needed “to discern the facts about what transpired that night of August 24, 2019.”

City council noted that a previous outside investigator hired “did not meet the standard of neutrality that the City and community seeks,” according to a copy of the resolution.

It was not immediately clear when such an investigation would begin.

McClain was walking after buying iced tea at a corner store on Aug. 24, 2019, when he was stopped by police, McClain’s family attorney, Mari Newman, previously told ABC news.

Police received a call about him being “sketchy” because he was wearing a ski mask, though the caller noted that no weapons were involved and no one was in danger, according to a transcript of the call.

When police stopped McClain, a struggle ensued and officers placed him in a carotid control hold — which involves an officer placing his arm around a person’s neck, restricting the flow of blood to the brain from the carotid arteries.

Paramedics with the Aurora Fire Department also gave McClain ketamine, as per their department protocol used for “rapid tranquilization in order to minimize time struggling,” according to officials.

McClain, who had been throwing up, was put in an ambulance where he suffered cardiac arrest, according to police.

Though police said McClain regained consciousness and was being treated at a local hospital, he died several days later.

The resolution from Aurora City Council members called for a three-member team of people who have expertise in a multitude of areas, including law enforcement and police safety accountability, civil rights, EMT procedures and use of force.

The team should begin “its work immediately and shall complete its investigation as expeditiously as possible,” the resolution stated, though no timeline was given.

The team will be led by Jonathan Smith of the Washington Lawyers Committee for Civil Rights and Urban Affairs, Washington D.C., a nonprofit law firm that addresses racial and economic justice in the criminal justice system, as well as other sectors.

Smith was not available to comment, however a spokesman with the law firm confirmed he was chosen by the city to be part of the investigation.

Smith, who has served as executive director for the law firm since July 2016, previously held positions as the executive director of the Legal Aid Society of the District of Columbia and as the chief of the special litigations section at the civil rights division of the U.S. Department of Justice.

The other members of the team have not yet been publicly named.

McClain’s death received renewed attention in June, as protests against police brutality erupted across the U.S. and world in the aftermath of the death of George Floyd, another unarmed Black man who was killed by Minneapolis police.

Back in June, Aurora city leaders said that a Connecticut attorney was leading a third-party investigation into McClain’s death, however, city council members noted that the attorney was a former police officer who worked closely with police departments, according to ABC Denver affiliate KMGH.

The city council members deemed the attorney ill fit to conduct an independent investigation.

Colorado Gov. Jared Polis also announced back in June that he was appointing a special prosecutor to investigate the case and file charges if “the facts support prosecution,” saying “at a bare minimum [the family] deserve a thorough review of the case.” Phil Weiser, the state’s attorney general, will fill the role, the governor said.

Copyright © 2020, ABC Audio. All rights reserved.

July 21, 2020 • No Comments • National News

DNY59/iStockBy KARMA ALLEN, ABC News

(ST. LOUIS) — Missouri Attorney General Eric Schmitt filed briefings in support of a St. Louis couple charged for brandishing their guns at civil rights protesters outside their mansion last month, claiming self defense.

St. Louis’ top prosecutor charged Mark and Patricia McCloskey on Monday with felony unlawful use of a weapon for allegedly displaying their guns in a threatening manner, but Schmitt said he’s seeking to have those charges dropped.

“Enough is enough,” Schmitt said in a video statement shortly after the charges were filed. “A political prosecution such as this one would have a chilling effect on Missourians exercising the right to self defense.”

Schmitt said the couple, both white attorneys in their 60s, has the right to keep and bear arms under state laws and it’s a right that he plans to protect, according to the statement.

“And yet in the wake of radical calls to defund the police, and with rates of violent crimes skyrocketing each day,” Schmitt said, “the St. Louis circuit attorney filed suit against a St. Louis couple who according to published reports were doing just that — defending the safety of their family and their property.”

St. Louis Circuit Attorney Kim Gardner announced charges against Mark and Patricia McCloskey on Monday and said they could face an additional misdemeanor fourth-degree assault charge.

“It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis,” Gardner said in a statement.

Gardner, St. Louis’ first Black circuit attorney, is recommending a diversion program such as community service rather than jail time if the McCloskeys are convicted.

The couple made national headlines in June when they became famous for waving their guns at protesters in a now-viral video.

The McCloskeys said they came outside after hearing commotion caused by hundreds of protesters nearby who were marching against police brutality against Black people.

The couple said they pulled their firearms, a handgun and a long-barreled gun, after seeing people break through a gate with “No Trespassing” and “Private Street” signs posted.

Their stories sparked debate on both sides of the political spectrum with some saying they had every right to defend private property and others accusing them of racism.

Missouri Gov. Mike Parson, a Republican, said last week he would consider pardoning the couple if they were charged. He called the criminal charges against them “outrageous” in a tweet on Monday, noting that the city had a “backlog” of homicide cases to focus on.

“Kim Gardner’s action toward the McCloskeys is outrageous,” Parson said. “Even worse, the Circuit Attorney’s office has admitted there is a backlog of cases and dozens of homicides that haven’t been prosecuted, yet she has accelerated this case forward.”

“We must prioritize laws that keep our citizens safe over political motivations. Kim Gardner owes every single family who has had a loved one murdered an explanation on why she has acted on the McCloskey case instead of theirs,” he added.

The McCloskeys’ attorney, Albert Watkins, said they are longtime civil rights advocates and support the message of the Black Lives Matter movement.

Watkins called the charges “disheartening” and maintained that no crime had been committed. They will both be issued summons to appear in court at a later date.

Copyright © 2020, ABC Audio. All rights reserved.

July 21, 2020 • No Comments • National News

kali9/iStockBy JON HAWORTH and AARON KATERSKY, ABC News

(NEW YORK) — Roy Den Hollander, whom the FBI called the “primary subject” in the shootings at Judge Esther Salas’ home in New Jersey may have been targeting at least one other female judge.

After investigators searched the car in which Hollander was found dead of an apparently self-inflicted gunshot wound they also discovered the name and photo of New York State’ Chief Judge Janet DiFiore, her spokesman told ABC News.

“We were alerted that her photo and name were in his recovered effects,” said the spokesman, Lucian Chalfen, conforming a detail first reported by the New York Times.

Hollander is suspected of shooting and killing Salas’ son as well as her husband in an attack at the family’s New Jersey home on Sunday night. He allegedly wore a face covering and a FedEx uniform, law enforcement sources told ABC News, and he used an ordinary car to make a getaway. Salas’ husband, Mark Anderl, is alive and recovering at Robert Wood Johnson Hospital in New Brunswick, New Jersey.

Hollander’s body was discovered in a car by a municipal employee in the town of Rockland, New York. He died of an apparently self-inflicted gunshot wound, the sources said. New York State Police were on scene and the FBI was called.

The suspect had previously received media attention for lawsuits challenging perceived infringements of “men’s rights,” on networks like Fox News, Comedy Central and MSNBC.

Meanwhile, the FBI is also investigating whether Hollander may be connected to the death, in California, of another attorney who also describes himself as anti-feminist, Mark Anglelucci, according to law enforcement sources.

Copyright © 2020, ABC Audio. All rights reserved.

July 21, 2020 • No Comments • National News

CGinspiration/iStockBy MEREDITH DELISO, ABC News

(NEW YORK) — Since officials announced Georgia’s first confirmed cases of COVID-19 on March 2, the state has drawn national attention over the coronavirus pandemic. It was one of the first states in the country to begin reopening its economy, and has since joined others in pausing its phased approach amid rising numbers of new cases and hospitalizations.

Most recently, its Republican governor, Brian Kemp, has become engaged in a legal dispute with the mayor of Atlanta over mask mandates, which more states and cities have been issuing as coronavirus cases rise.

As of Monday, Georgia had 145,575 confirmed cases of COVID-19 and 3,176 deaths, according to state data. Hospitalizations have also steadily increased since mid-June. The state reported a record number of new COVID-19 cases on Saturday, with 4,689.

Here’s a look at some of the key moments in Kemp’s handling of the coronavirus pandemic so far:

Feb. 28

With COVID-19 spreading around the globe, including in the United States, Kemp announces the creation of a coronavirus task force to assess the state’s preparedness in addressing the virus.

March 2

In a late-night press conference, Kemp announces Georgia’s first cases of COVID-19, involving two residents of Fulton County in the same household, one of whom had recently returned from Italy. The state health department later determines that Georgia had cases as early as Feb. 1.

March 12

The governor directs state agencies to implement teleworking policies and suspend nonessential travel for most state employees. The same day, the state reports its first death from COVID-19 — a 63-year-old man who had underlying medical conditions. Later, the health department updates its data to report that the first death was on March 5.

March 14

With 64 confirmed cases of COVID-19 in the state, Kemp declares a public health state of emergency. He also authorizes up to 2,000 National Guard troops to assist in the emergency response.

March 16

Kemp signs an executive order closing all elementary, secondary and post-secondary public schools from March 18 to March 31.

March 19

Per federal and state health officials, Kemp urges that the state start prioritizing COVID-19 tests “for our most vulnerable populations,” first responders and healthcare workers, in an effort to conserve hard-to-find medical supplies.

March 24

An executive order goes into effect closing all bars and nightclubs, banning gatherings of 10 or more people unless social distancing is in place, and requiring at-risk populations to shelter in place for two weeks.

April 1

Schools are closed through the end of the school year. At a coronavirus press briefing, Kemp draws ridicule after saying that he only recently became aware that asymptomatic people could spread the virus.

April 3

A statewide shelter-in-place order goes into effect, issued as the state reports more than 4,600 confirmed COVID-19 cases.

April 8

Kemp signs executive orders extending Georgia’s public health state of emergency through May 13 and activating 1,000 more National Guard troops. He also extends the statewide shelter-in-place order through the end of the month.

April 13

The state expands testing criteria to include symptomatic critical infrastructure workers and asymptomatic people who have had direct contact with positive COVID-19 patients. In a statement, Kemp says, “Our testing numbers in Georgia continue to lag.”

The governor also signs an order suspending enforcement of Georgia’s anti-mask statute “so people can follow the guidance of public health officials without fear of prosecution,” Kemp says, adding, “I want to thank Atlanta Mayor Keisha Lance Bottoms for raising awareness about this issue.”

April 17

Kemp announces the completion of a 200-bed alternate care facility at the Georgia World Congress Center to provide treatment to non-critical COVID-19 patients.

April 20

In the wake of new reopening guidelines released by the White House, Kemp announces that he will let his shelter-in-place order expire on April 30 and allow some nonessential businesses to reopen, starting with gyms, bowling alleys, hair salons, barbershops, nail salons and other similar businesses on April 24 and restaurant dine-in service on April 27. The move draws criticism, including from President Donald Trump, who says, “I think it’s too soon.”

April 30

On the day the statewide shelter-in-place order expires, Kemp extends the public health state of emergency through June 12 “to continue enhanced testing across Georgia, ramp up contact tracing, and maintain effective emergency response operations in every region.” Vulnerable populations are also ordered to continue to shelter in place through June 12.

May 28

The governor renews the state of emergency for a third time, through July 12. On the same day, he loosens public gathering restrictions up to 25 people and announces more reopenings, including bars and nightclubs starting June 1 and amusement parks and water parks starting June 12.

June 11

Kemp rolls out more reopenings, including live performance venues starting July 1, and increases limitations on gatherings to up to 50 people with social distancing in place.

June 29

Kemp extends the public health emergency through Aug. 11 as the state “has seen an increase in new cases reported and current hospitalizations.” An ABC News analysis finds that Georgia has recently seen record numbers of new cases.

July 10

The governor announces he is reactivating the Georgia World Congress Center, which had discharged its last patient in early May. That day, the state reports a record number of new coronavirus cases, with 4,484.

July 13

Three days after Bottoms announces that Atlanta is reverting to “Phase One” due to rising cases in the city, Kemp releases a statement that the action is “non-binding and legally unenforceable” and asks residents to follow his orders.

July 15

Kemp voids at least 15 local mask mandates, including those in Atlanta, Augusta, Savannah and Rome, instead encouraging voluntary mask wearing in the state.

July 16

Kemp sues the city of Atlanta over its requirement to wear masks in public.

“Governor Kemp must be allowed, as the chief executive of this state, to manage the public health emergency without Mayor Bottoms issuing void and unenforceable orders which only serve to confuse the public,” the lawsuit states.

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July 20, 2020 • No Comments • National News

Courtesy the Linscotts(LOUISVILLE) — BY: ABIGAIL ROBERTS

A Kentucky couple says they’ve been placed under house arrest for refusing to sign self-quarantine documents.

It all started when Elizabeth Linscott planned to visit her parents and decided to get tested for COVID-19 before traveling. After testing positive on July 11, Elizabeth was contacted by Kentucky’s Hardin County Health Department.

They requested she sign documents that required daily check-ins and would limit her from traveling anywhere — including health facilities — unless she called the health department first.

After receiving the documents in an email, Elizabeth refused to sign them.

“I just didn’t agree with the wording, because I know for a fact that if I signed it and I had an emergency it would have been held against me by not calling,” she said. “I have no problem self-quarantining, I said, but if I have to leave my house to get a necessity for an emergency, I’m going to do that without your prior consent.”

Elizabeth received a call from the Hardin County Health Department asking why she decided not to sign the documents. Following a discussion with a staffer, Elizabeth hung up the phone in frustration. She then received a text informing her that because she had refused to sign, law enforcement would get involved.

The couple didn’t hear anything for several days, but on Thursday, July 16, around 5 p.m., law enforcement knocked on the Linscotts’ door.

“My husband answers the door and he’s like, ‘What is this about?'” Elizabeth recalled.

“They said, ‘We have three court orders for you, your wife and your daughter that states you guys refused quarantine. So now you have to wear these ankle monitors,'” Isaiah Linscott, Elizabeth’s husband said. “We were like, ‘What’s going to happen if we refuse? It’s just going to get escalated higher and higher.'”

The two were told that if they traveled more than 200 feet from the home, the county would be alerted, and if they refused to cooperate, the sheriff’s department would get involved.

The Hardin Country Sheriff’s office told ABC News that the notices delivered by the Hardin County Sheriff’s Office on July 16 are confidential.

“Therefore, the Hardin County Sheriff’s will not be making any further comment and cannot release documents or additional information unless directed by a court,” they said in a statement.

The Linscotts are not the only ones who’ve had a run-in with the law over quarantine-related issues. On March 30, Kentucky Circuit judges ordered at least four COVID-19 patients to wear ankle monitors for allegedly breaking self-isolation orders. And on April 6, Kanawha County Circuit Court approved the sheriff’s department to issue ankle monitors for those who refuse to quarantine. Colorado and Hawaii have both also considered using ankle monitors to monitor those ordered to quarantine.

“We should not be put on an unlawful house arrest, this should not be happening to anybody,” Elizabeth said.

As of Monday, Kentucky has confirmed more than 23,700 coronavirus cases and nearly 700 deaths. Gov. Andy Beshear said 30 of these cases are of children 5 years old or younger.

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