Archive for the ‘Fifth Amendment’ Category

Trial set to begin in 2018 home invasion, and the case hangs on a witness seeking immunity – Berkshire Eagle

A jury has been assembled to hear the case of a 25-year-old Springfield man accused of an armed home invasion in Adams.

PITTSFIELD A jury has been seated to hear the case of a Springfield man accused in an armed home invasion.

And the key witness in the case has signaled that he intends to invoke his Fifth Amendment right against self-incrimination.

Opening arguments are expected to begin Tuesday in the trial of 25-year-old Jordan Hawkins-Darden in the October 2018 incident.

In court Monday, Assistant District Attorney Andrew Giarolo indicated that the prosecution will seek to provide immunity to Jacob Blanchard in exchange for his testimony against Hawkins-Darden.

Giarolo said Blanchard is credible and the only person who can identify Hawkins-Darden. Defense attorney Joshua Hochberg has objected to prosecutors request to allow Blanchard to identify his client to the jury.

Without Mr. Blanchards testimony, were unable to go forward, Giarolo said. Judge John Agostini must yet rule on the prosecutions immunity request.

Several dozen prospective jurors filtered into the courtroom at Berkshire Superior Court around 11:30 a.m. Monday, and a few hours later a jury of 14 people, including two alternates, was seated.

Agostini summed up the allegations against Hawkins-Darden to the jury pool. He said that on Oct. 18, 2018, Hawkins-Darden allegedly entered an Adams home with three other people, two of whom pointed what appeared to be handguns at two occupants.

The suspects then stole several jars of marijuana, a cellphone and a wallet from the home, he said.

One of the victims identified Blanchard as having been involved in the home invasion, according to court documents, but Blanchard never was charged in that case.

Blanchard is also a key prosecution witness in the October Mountain State Forest shooting case that left victim Nick Carnevale critically injured.

Hochberg has asserted that Blanchard was not charged in the home invasion in order to protect his credibility as a witness in the shooting case.

Agostini agreed to delay the shooting trial until March, after defense attorneys for two of four defendants in that case raised concerns about Blanchards credibility, citing Hochbergs claim.

He also ordered that prosecutors hand over to the defense in the October Mountain shooting case, no later than Dec. 3, the complete file regarding the home invasion.

Hawkins-Darden has pleaded not guilty to two counts each of home invasion, armed robbery, assault with a dangerous weapon and larceny from a building, as well as a single count of daytime breaking and entering with intent to commit a felony.

A co-defendant, Jacob Galipeo, took a plea deal in May. Giarolo said prosecutors offered to Hawkins-Darden an identical deal, which would have had the state drop the most serious felony offenses and request a sentence of one year in jail, but the defendant opted to go to trial.

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Trial set to begin in 2018 home invasion, and the case hangs on a witness seeking immunity - Berkshire Eagle

Witnesses take the stand in trial of Jeffrey Knight, ex-Cohasset teacher accused of assault – The Patriot Ledger

QUINCYThe jury trial of Jeffrey Knight, a former Cohasset teacher accused of inappropriately touching a student, started Monday in a small second-floor courtroom in Quincy District Court.

Prosecutors say Knight, a science and engineering teacher, touched the student in a sexual manner startingin 2017, when she was 13 years old. Prosecutors are trying Knight on one charge each of indecent assault and battery on a child younger than 14,indecent assault and battery on a child older than 14 and assault and battery.

A grand jury declined to indict Knight on the charges. An indictmentwould have moved his case into Superior Court, where more serious crimes are tried.

The case is one of two currently open against Knight after allegations brought by former students.

Knight, wearinga navy blue blazer and a blue tie, huddled with his wife and son before the court session started on Monday. Jury selection finished by noon, and opening arguments followed. Knight's accuser testified Monday afternoon.

Knight is also expected to testify, as is at least one Cohasset police officer and witnesses to the alleged abuse. The Patriot Ledger does not name alleged victims of sexual assault.

Former Cohasset Middle-High School PrincipalCarolyn Connolly is also scheduledto testify. Assistant Norfolk County District Attorney Sarah Lelle said in court that Connolly's testimony could run into her Fifth Amendment right not to incriminate herself for failing to tell thestate about the student's allegations. The district attorney's office has not charged her in the matter.

The accuser, 14 at the time, first brought the allegations to school administrators in February 2018. Instead of notifying the stateDepartment of Children and Families, as required by law, administrators tried to conducttheir own investigation into the claims.

More: Jeffrey Knight, former Cohasset teacher accused of touching student, goes on trial today

More: Cohasset settles claims with alleged Jeffrey Knight victims for $275,000

Connollywas put on leave in 2018 as the Cohasset School District'sinvestigation played out.

Before jury selection began Monday, several finalmotions were sorted out, and a tense scene played over the inclusion of a potential student witnessfound at the last minute.

Judge Mark Coven denied letting the prosecution call the witness, saying they had three years to find him and that it was too close to trial to introduce him.

"This is a failing of the commonwealth to investigate in a timely manner," Coven said.

The trial is expected to last three orfour days.

The student's family in the casereached a $175,000negotiated settlement with the town through mediation earlier this year.

Knight's alleged behavior, and the school district'shandling of the claims three years ago,caused an uproar with parents at the time. Several school administrators and school committeemembers left in the months after.

The town denied liability in the settlement, but officials said it was in the best interest of all involved to settle.

Knight also faces sexual assault charges related to a different accuser who saysshe was abused in2014 and 2015. She came forward after reading about charges brought againstKnight in the news.

Knight was indicted on those chargesfive counts of indecent assault and battery on a child under 14 in 2019. The case is pending in Norfolk County Superior Court.

Thanks to our subscribers, who help make this coverage possible.If you are not a subscriber, please consider supporting quality local journalism with a Patriot Ledger subscription.

Joe Difazio can be reached at jdifazio@patriotledger.com. Follow him on Twitter @jldifazio.

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Witnesses take the stand in trial of Jeffrey Knight, ex-Cohasset teacher accused of assault - The Patriot Ledger

Witness takes the Fifth for second time in Youngstown murder trial – WKBN.com

YOUNGSTOWN, Ohio (WKBN) You could say it was deja vu all over again Tuesday for Carlos Davis.

Wounded in a Nov. 18, 2018 shooting that killed Christopher Jackson, 21, of Warren, Davis was asked to testify in Mahoning County Common Pleas Court in the trial of two of the three men accused of killing Jackson and wounding him.

Instead, Davis invoked his Fifth Amendment against self incrimination, even though the last time he invoked it in the trial of the third defendant, he was held in contempt because Judge Anthony DApolito ruled that Davis had no right to invoke the Fifth because he was not facing any potential criminal liability.

Stephon Hopkins and Lorice Moore, both 25, are both on trial on charges of aggravated murder and attempted murder. Prosecutors said Davis was the driver of a car and Jackson was his passenger when they were shot as the car was in motion on Bennington Avenue.

Opening statements were held and testimony began Tuesday after jurors were selected Monday. A previous defendant, Brian Donlow, 25, was convicted earlier this year in a bench trial before Judge DApolito.

Hopkins was shot nine times, including once in the back of the head. He was found by police in a car that was still running in a field on Bennington Avenue.

Davis, who was shot twice, managed to run away from the car and hid on a nearby front porch until police were called.

In her opening statement, Assistant Prosecutor Jennifer Paris said Jackson was friends with Hopkins and asked Davis to pick Hopkins up in Youngstown for an evening out. Hopkins and Jackson communicated via Facebook messenger to set up the evening out, Paris said.

Instead, Hopkins, Moore and Donlow got in the car. Paris said all three men had guns and police recovered shell casings from inside the car from three different weapons.

Harris said the fact there were three men in the car with guns and three guns were used shows that they planned to kill Jackson and Davis.

How do we know there was a plan? There were messages. Stephon Hopkins was trying to lure the victim to Youngstown, Paris said. How else do we know it was planned? There were three guns. Three different calibers.

Moores DNA was also found on a door handle and a key inside the car had Hopkins DNA on it, Paris said.

One of Hopkins attorneys, Corey Grimm, said police had a preconceived notion of who was responsible when they began their investigation, without looking into what happened that night. We dont really know what happened that night.

Grimm said investigators failed to canvass the neighborhood and never recovered the weapons used in the crime. Hopkins also denies ever seeing Jackson that night, Grimm said.

For Moore, defense attorney Nick Cerni said just because his clients DNA was found in the car, it doesnt mean he was in the car when the shooting took place.

The burden is on the state to show that touch DNA was there on or about the time that the crime occurred, Cerni said.

Paris also told jurors Davis would be called as a witness but she conceded, we dont what Carlos Davis will say. You guys are going to find out when we find out.

In the Donlow trial, Davis refused to testify, claiming that he was afraid something would be used against him, even though prosecutors at the time said they only wanted to ask him about what happened the night of the shooting and they had no plans to ask him anything else.

Testifying in jail coveralls, because he is serving a sentence from Trumbull County Common Pleas Court, Davis refused to even give his name for the record when asked by Assistant Prosecutor Mike Yacovone.

I plead the Fifth, Davis said.

Weve been through this before Carlos, right? Yacovone asked.

I plead the Fifth, Davis responded.

Does this mean youre not going to answer any of my questions, Carlos? Yacovone asked.

I plead the Fifth, Davis said.

After a sidebar conference with the lawyers, Davis was excused by Judge DApolito.

Both Donlow and Hopkins are serving sentences of 21 years to life in prison after being convicted of an unrelated murder on the East Side in the summer of 2018.

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Witness takes the Fifth for second time in Youngstown murder trial - WKBN.com

Satterfields Get More Than $6.5 Million After Settling With 5 Parties But Not Alex Murdaugh – FITSNews

Following a two-month, full-court press by attorneys representingGloria Satterfields family, another institution has reached a settlement for its alleged role in the $4.3 million wrongful death settlement scheme led by Alex Murdaugh.

South Carolina attorneys EricBland and Ronald Richter said Thursday that Palmetto State Bank settled with Glorias two sons Tony Satterfield and Brian Harriottfor an undisclosed amount. The action ends the pending lawsuit against Palmetto State Bank and leaves Alex Murdaugh as the only remaining defendant who hasnt agreed to a settlement.

Satterfield, who was the Murdaugh familys housekeeper for more than two decades, died after an alleged trip and fall accident at Alex Murdaughs home in February 2018.

On September 15, Bland and Richter filed a lawsuit on the Satterfield familys behalf against Murdaugh, Fleming and others involved in the 2018 settlement. Other defendants included Flemings law firm (Moss, Kuhn and Fleming),ChadWestendorf(the banker listed as a representative of Satterfields estate), andPalmetto State Bank(the financial institution where Westendorf worked).

Palmetto State Bank is the fifth potentially liable party to have settled or resolved differences with the Satterfield family since Bland and Richter filed their lawsuit. The two attorneys have recovered more than $6.5 million in total for the Satterfield family, Bland told FITSNews.

The boys money will be protected, not squandered, Bland told FITSNews. They realize they got a second chance and now have a sacred trust. It will be placed in a way that they wont be able to be exploited by hangers-on and grifters. In a true kind of way Mallory Beach and Gloria Satterfields lives were not lost in vain. They now serve a purpose and they have exposed the system that needs fixing and people that need to lose their livelihoods and licenses because they broke their own sacred trusts.

In the Satterfield case, Murdaugh and others are accused ofmaking off with millions of dollarsfrom a wrongful death settlement.Murdaughs latest charges stem from an investigation by South Carolina attorneysEric BlandandRonald Richter who uncovered a shocking paper trail showing howAlex Murdaughallegedly stole$3.6 millionfrom Satterfields settlement.

After Satterfield died, Murdaugh recruited his best friendCory Flemingto sue him on behalf of her estate and convinced Glorias sons to sign over their personal representative rights to Westendorf so that Fleming wouldnt be legally obligated to tell the Satterfield family what was going on with the settlement, according to Bland.

Fleming has apologized to the Satterfields and was suspended from practicing law in October. Fleming claimed he was fooled by his friend Murdaugh, but acknowledged that material mistakes were made at crucial times.

Documents filed last month show how Westendorf and Palmetto State Bank allegedly played important roles in the scheme.

As a personal representative of an estate, Westendorf was in charge of managing the money and distributing the checks from the settlement. He was also obligated to fulfill his duties as an officer of the court.

When JudgeCarmen Mullenapproved the $4.3 million settlement in 2019, Westendorf, who still works at Palmetto State Bank, was obligated under court order to distribute $2.8 million to Satterfields sons.

He was supposed to be the backstop if Cory or Alex were doing anything inappropriate, he was supposed to say whoa, whoa whoa Im the one distributing the checks and I need to get (Glorias sons) their $2.8 million and I have to pay $50,000 to probate court, Bland previously said.

Westendorf should have caught the Forge scheme, according to Bland. Murdaugh and Fleming allegedly claimed they were doing a structured settlement for Satterfields sons through a legitimate company called Forge Consulting LLC. Instead, Fleming made checks out to Forge after Murdaugh opened up a Bank of America account under that name.

According to Bland, Westendorf didnt file a single document on the settlement (beyond the initial petition) during his tenure as a personal representative, yet he collected $30,000 for his role. He finally stepped down as personal representative weeks after Bland and Richter filed a lawsuit against him and others for the scheme.

In a joint statement released on Thursday, Palmetto State Bank appeared to deny its role in the scheme, but settled with the Satterfield family anyway.

Although Palmetto State Bank never handled the settlement funds nor was it responsible for the alleged actions of Alex Murdaugh, Palmetto State Bank and its board of directors made the business decision to prioritize ending this matter for the mutual benefit of Ms. Satterfields sons, its customers and shareholders, and the Hampton community at large, the statement said.

Before Bland filed a lawsuit, Satterfields sons hadnt received a dime of the$2.8 millionthey were entitled to receive in the settlement.

Alex Murdaugh is still behind bars after a judge denied him bond for the second time on charges related to the settlement.

To recap, Murdaughwas arrested in Orlando, Florida on October 14 and charged with two felonycountsof obtaining property by false pretenses related to theGloria Satterfieldcase, according to the South Carolina Law Enforcement Division (SLED). .

Now, Murdaugh is the only defendant in the scheme who hasnt paid the Satterfields any money. And hes the only remaining defendant in the lawsuit.

However, Bland told FITSNews that Bank of America is being looked at seriously.

Also interesting?

Murdaugh has to respond to Blands lawsuit soon as a deadline is approaching next week. This means he has three options none of which are good, according to Bland.

He can admit fault in the lawsuit, which is what he did in his brother and law partners lawsuits in a move that essentially prioritizes their ability to recover funds over other victims of his alleged financial crimes. If he admits fault, he would be admitting to crimes.

For his second option in the lawsuit, Alex Murdaugh can deny it which further torpedoes his spiraling reputation considering his shady moves last week, and all of the evidence that has already been stacked against him in this case.

Or he can file a motion and plead the fifth amendment.

Two weeks ago, Bland said the Satterfield family and Peters, Murdaugh, Parker, Eltzroth and Detrick (PMPED) had reconciled their differences in the case and he will not be suing them. Bland refused to answer other questions about PMPEDs involvement, but it could be assumed that some sort of secret settlement was reached between the two parties.

We are very proud of the work that we have done on behalf of our clients who are worthy of our efforts. It takes a team approach and some creativity and intense effort, Bland and Richter said. The media has been very helpful in disseminating key facts and developments. We put overwhelming force on the target parties. It has been a wild ride.

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Mandy Matneyis the news director at FITSNews. Shes an award-winning journalist from Kansas who has worked for newspapers in Missouri, Illinois, and South Carolina before making the switch to FITS. She currently lives on Hilton Head Island where she enjoys beach life. Mandy also hosts the Murdaugh Murders podcast. Want to contact Mandy? Send your story ideas, comments, suggestions and tips to[emailprotected].

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Satterfields Get More Than $6.5 Million After Settling With 5 Parties But Not Alex Murdaugh - FITSNews

Fred Hartman | Opinion | fbherald.com – Fort Bend Herald

As a football fan and someone who pays attention to Covid-19, Ive been following the Aaron Rodgers situation with great interest.

The Green Bay Packers quarterback, who was the NFLs most valuable player last year, deceived everyone about his vaccine status last summer when he told the media he was immunized against the virus.

That turned out to be a lie when he announced last week that hed come down with Covid, and had violated a number of league protocols that unvaccinated players must follow.

But what seemed be lacking was the medias humanity about Rodgers health condition. He shouldnt have lied, but its important to report on and be concerned about how a famous 37-year-old man is handling the virus.

It turns out hes doing pretty well, and has taken ivermectin and monoclonal antibodies. Rodgers also said he consulted with Austin-based comedian and podcaster Joe Rogan, which also drew the ire of the media.

Rogan was unvaccinated and got the virus a couple of months ago. Hes obviously not a doctor, but has a team of doctors who put him on a successful treatment protocol that helped him bounce back quickly.

But all we seemed to hear about from the media was how Rogan was telling people to take a horse de-wormer. It was terrible reporting, and a misstatement of the facts.

Ivermectin has an application for humans, as well as horses. Many doctors have prescribed it as an off-brand Covid treatment because theyve found it to be helpful, yet the media demonizes ivermectin as big drug makers getting richer off of selling vaccines.

I know people whove had Covid and have successfully gotten over it, and Ill pick their brains if I get the virus. Ill also get treated by a doctor, which is what Rodgers has been doing.

Rodgers missed a game last weekend that the Packers lost, but as of this writing, its possible he might be playing against the Seattle Seahawks this weekend. And he wont need a vaccine for a long time because hell have natural immunity.

Rodgers deserves the criticism for being dishonest, but we should hope he beats the virus and bounces back quickly. Thats way more important than football.

AWFUL, AWFUL MEDIA BIAS: One of the worst examples ever of mainstream media bias has come in the Kyle Rittenhouse murder trial in Wisconsin.

Much of the media reported that Rittenhouse was a 17-year-old white supremacist, vigilante who murdered two men and shot another man during a riot in August 2020.

But the trial testimony has painted an entirely different picture. First, Rittenhouse shot three people in a clear-cut case of self-defense, all of whom were white.

Evidently, this was just too juicy of a narrative for the media not to sensationalize. The facts be damned. All three people who were shot were threatening Rittenhouse and had criminal backgrounds. One of the men killed was even a serial pedophile.

Also, the prosecutor in the case criticized Rittenhouse under cross examination for being silent up to that point, which is a clear violation of his Fifth Amendment right against self-incrimination.

Thats why police read a Miranda warning to people they arrest: You have the right to remain silent, etc., etc. Any first-year law student knows the prosecutors conduct is grounds for mistrial.

Rittenhouse shouldnt have put himself in such a dangerous situation, but hes not being tried for having bad judgment. The murder charges against him have not guilty written all over them if it goes to the jury.

Closing arguments are set to begin Monday unless the judge grants a directed verdict of not guilty or declares a mistrial with prejudice.

As the evidence is showing, this case was all about politics and never about justice.

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Fred Hartman | Opinion | fbherald.com - Fort Bend Herald