Texas Supreme Court halts execution of man in shaken baby case

The Texas Supreme Court halted Thursday night’s scheduled execution of a man who would have become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome. The late-night ruling to spare for now the life of Robert Roberson, who was convicted of killing his 2-year-old daughter in 2002, capped a flurry of last-ditch legal challenges and weeks of public pressure from both Republican and Democratic lawmakers who say he is innocent and was sent to death row based on flawed science. In the hours leading up to the ruling, Roberson had been confined to a prison holding cell a few feet from America’s busiest death chamber at the Walls Unit in Hunstville, waiting for certainty over whether he would be taken to die by lethal injection. “He was shocked, to say the least,” said Texas Department of Criminal Justice spokesperson Amanda Hernandez, who spoke with Roberson after the court stayed his execution. “He praised God and he thanked his supporters. And that’s pretty much what he had to say.” She said Roberson would be returned to the Polunsky Unit, about 45 miles (72 kilometers) to the east, where the state’s male death row is located. Roberson, 57, was convicted of killing of his daughter, Nikki Curtis, in the East Texas city of Palestine. His lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. It is rare for the Texas Supreme Court — the state’s highest civil court — to get involved in a criminal matter. But how the all-Republican court wound up stopping Roberson’s execution in the final hours underlined the extraordinary maneuvers used by a bipartisan coalition of state House lawmakers who have come to his defense. Rejected by courts and Texas’ parole board in their efforts to spare Roberson’s life, legislators on Wednesday tried a different route: issuing a subpoena for Roberson to testify before a House committee next week, which would be days after he was scheduled to die. The unusual plan to buy time, some of them conceded, had never been tried before. They argued that executing Roberson before he could offer subpoenaed testimony would violate the Legislature’s constitutional authority. Less than two hours before Roberson’s execution, a judge in Austin sided with lawmakers and paused the execution, but that was then reversed by an appeals panel. The Texas Supreme Court then weighed in with its order, ending a night of uncertainty. Roberson is scheduled to testify before the committee Monday. “This is an innocent man. And there’s too much shadow of a doubt in this case,” said Democratic state Rep. John Bucy. “I agree this is a unique decision today. We know this is not a done deal. He has a unique experience to tell and we need to hear that testimony in committee on Monday.” Gov. Greg Abbott had authority to delay Roberson’s punishment for 30 days. Abbott has halted only one imminent execution in nearly a decade as governor and has not spoken publicly about the case.

Georgia Supreme Court restores near-ban on abortions while state appeals

The Georgia Supreme Court on Monday halted a ruling striking down the state’s near-ban on abortions while it considers the state’s appeal. The high court’s order came a week after a judge found that Georgia unconstitutionally prohibits abortions beyond about six weeks of pregnancy, often before women realize they’re pregnant. Fulton County Superior Court Judge Robert McBurney ruled Sept. 30 that privacy rights under Georgia’s state constitution include the right to make personal healthcare decisions. The state Supreme Court put McBurney’s ruling on hold at the request of Republican state Attorney General Chris Carr, whose office is appealing. In a dissenting opinion, Justice John J. Ellington argued that the case “should not be predetermined in the State’s favor before the appeal is even docketed.” “The State should not be in the business of enforcing laws that have been determined to violate fundamental rights guaranteed to millions of individuals under the Georgia Constitution,” Ellington wrote. “The `status quo’ that should be maintained is the state of the law before the challenged laws took effect.” Clare Bartlett, executive director of the Georgia Life Alliance, called high court’s decision “appropriate,” fearing that without it, women from other states would begin coming to Georgia for surgical abortions. “There’s no there’s no right to privacy in the abortion process because there’s another individual involved,” Bartlett said. She added: “It goes back to protecting those who are the most vulnerable and can’t speak for themselves.” Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, said the state Supreme Court had “sided with anti-abortion extremists.” Her group is among the plaintiffs challenging the state law. “Every minute this harmful six-week abortion ban is in place, Georgians suffer,” Simpson said in a statement. “Denying our community members the lifesaving care they deserve jeopardizes their lives, safety, and health — all for the sake of power and control over our bodies.” Leaders of carafem, an Atlanta abortion provider that had planned to expand its services after McBurney’s ruling, expressed dismay at the law’s reinstatement. “Carafem will continue to offer abortion services following the letter of the law,” said Melissa Grant, the provider’s chief operating officer. “But we remain angry and disappointed and hope that eventually people will come back to a more sensible point of view on this issue that aligns with the people who need care.” Georgia’s law, signed by Republican Gov. Brian Kemp in 2019, was one of a wave of restrictive abortion measures that took effect in Republican-controlled states after the U.S. Supreme Court overturned Roe v. Wade in 2022 and ended a national right to abortion. It prohibited most abortions once a “detectable human heartbeat” was present. At around six weeks into a pregnancy, cardiac activity can be detected by ultrasound in an embryo’s cells that will eventually become the heart. Georgia has a separate criminal law that makes illegal abortions punishable by up to 10 years in prison for providers, but not for women having abortions. In addition, the 2019 ban puts physicians at risk of losing their medical licenses if they perform unpermitted abortions. The Georgia Supreme Court’s one-page order Monday exempted one specific provision of the state’s abortion law from being reinstated.

Former Singaporean minister pleads guilty to receiving illegal gifts

A former Singaporean cabinet minister pleaded guilty to charges of receiving illegal gifts Tuesday, in the Asian financial hub’s first ministerial criminal trial in nearly half a century. Former Transport Minister S. Iswaran pleaded guilty to one count of obstructing justice and four of accepting gifts from people with whom he had official business. The court set Oct. 3 for sentencing, Channel News Asia reported. Iswaran, 62, was initially charged with 35 counts but in a twist at the start of the trial, prosecutors said they would proceed with only five, while reducing two counts of corruption to receiving illegal gifts. Prosecutors said they will apply for the remaining 30 charges to be taken into consideration for sentencing. No reasons were given for the move. Iswaran received gifts worth over 74,000 Singapore dollars ($57,000) from Ong Beng Seng, a Singapore-based Malaysian property tycoon, and businessperson Lum Kok Seng. The gifts included tickets to Singapore’s Formula 1 race, wine and whisky and a luxury Brompton bike. Ong owns the right to the local F1 race, and Iswaran was chair of and later adviser to the Grand Prix’s steering committee. The Attorney-General’s Chambers said it will decide whether to charge Ong and Lum after the case against Iswaran has been resolved. In mitigation, defence counsel Davinder Singh asked the court to limit any jail term to no more than eight weeks, according to CNA. He said Iswaran had no motive in accepting the gifts other than personal friendship with the men, but he recognized it was wrong to do so and admitted guilt after the graft charges were dropped. There was no suggestion that the government’s impartiality and integrity had been undermined, Singh added. But prosecutors called for a jail term of 6-7 months. Deputy Attorney General Tai Wei Shyong said in his submission that not punishing such acts would send a signal that such acts are tolerated. Singapore ‘s ministers are among the world’s best-paid. Although the amount involved in Iswaran’s case appeared to be relatively minor, his indictment is an embarrassment to the ruling People’s Action Party, which prides itself on a clean image. The last Cabinet minister charged with graft was Wee Toon Boon, who was found guilty in 1975 and jailed for accepting gifts in exchange for helping a businessperson. Another Cabinet minister was investigated for graft in 1986, but died before charges were filed. Iswaran had resigned just before he was charged. His trial comes just over four months after Singapore installed new Prime Minister Lawrence Wong after Lee Hsien Loong stepped down after 20 years.

Google faces new antitrust trial after ruling declaring search engine a monopoly

One month after a judge declared Google’s search engine an illegal monopoly, the tech giant faces another antitrust lawsuit that threatens to break up the company, this time over its advertising technology. The Justice Department, joined by a coalition of states, and Google each made opening statements Monday to a federal judge who will decide whether Google holds a monopoly over online advertising technology. The regulators contend that Google built, acquired and maintains a monopoly over the technology that matches online publishers to advertisers. Dominance over the software on both the buy side and the sell side of the transaction enables Google to keep as much as 36 cents on the dollar when it brokers sales between publishers and advertisers, the government contends in court papers. They allege that Google also controls the ad exchange market, which matches the buy side to the sell side. “It’s worth saying the quiet part out loud,” Justice Department lawyer Julia Tarver Wood said during her opening statement. “One monopoly is bad enough. But a trifecta of monopolies is what we have here.” Google says the government’s case is based on an internet of yesteryear, when desktop computers ruled and internet users carefully typed precise World Wide Web addresses into URL fields. Advertisers now are more likely to turn to social media companies like TikTok or streaming TV services like Peacock to reach audiences. In her opening statement, Google lawyer Karen Dunn likened the government’s case to a “time capsule with with a Blackberry, an iPod and a Blockbuster video card.” Dunn said Supreme Court precedents warn judges about “the serious risk of error or unintended consequences” when dealing with rapidly emerging technology and considering whether antitrust law requires intervention. She also warned that any action taken against Google won’t benefit small businesses but will simply allow other tech behemoths like Amazon, Microsoft and TikTok to fill the void. According to Google’s annual reports, revenue has actually declined in recent years for Google Networks, the division of the Mountain View, California-based tech giant that includes such services as AdSense and Google Ad Manager that are at the heart of the case, from $31.7 billion in 2021 to $31.3 billion in 2023, The trial that began Monday in Alexandria, Virginia, over the alleged ad tech monopoly was initially going to be a jury trial, but Google maneuvered to force a bench trial, writing a check to the federal government for more than $2 million to moot the only claim brought by the government that required a jury. The case will now be decided by U.S. District Judge Leonie Brinkema, who was appointed to the bench by former President Bill Clinton and is best known for high-profile terrorism trials including that of Sept. 11 defendant Zacarias Moussaoui. Brinkema, though, also has experience with highly technical civil trials, working in a courthouse that sees an outsize number of patent infringement cases. The Virginia case comes on the heels of a major defeat for Google over its search engine, which generates the majority of the company’s $307 billion in annual revenue. A judge in the District of Columbia declared the search engine a monopoly, maintained in part by tens of billions of dollars Google pays each year to companies like Apple to lock in Google as the default search engine presented to consumers when they buy iPhones and other gadgets.

Former Rep. George Santos pleads guilty in federal fraud case

George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment. Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial. “I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom. Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution. Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7. Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working. Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit. The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members. Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022. But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography. New questions then emerged about his campaign funds. He was first indicted on federal charges in May 2023, but refused to resign from office. Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.” Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.” Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use. Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year.

Court filings provide additional details of the US’ first nitrogen gas execution

A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted. Another court document indicated that the nitrogen gas was flowing for at least 10 minutes during the execution. The documents filed last month in ongoing litigation provided additional details of the execution of Kenneth Smith, who was the first person put to death using nitrogen gas. Alabama Attorney General Steve Marshall’s office maintains the high oxygen readings indicate that Smith held his breath as the nitrogen gas flowed, causing the execution to take longer than expected. But attorneys for another inmate said the state has no proof to back up that claim and is trying to “explain away” an execution that went horribly awry. As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution. Media witnesses to Smith’s execution, including The Associated Press, said that Smith shook on the gurney for several minutes before taking a series of gasping breaths. Alabama had assured a federal judge before the execution that the new execution method would quickly cause unconsciousness and death. A pulse oximeter showed that Smith had oxygen levels of 97% to 98% for a “period of time that was longer than I had expected,” the corrections captain said in a sworn statement. The corrections captain said he did not observe Smith make any violent or convulsive movements, but he did tense up and raise his body off the gurney. After “he released a deep breath,” the oxygen levels began dropping, the corrections captain said. “The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas — not that the mask did not fit or that the nitrogen was impure,” the Alabama attorney general’s office wrote in a court filing. Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay.

Giuliani Disbarred in N.Y. for Wrongdoing During Trump’s 2020 Campaign

Rudy Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, was disbarred in New York on Tuesday after a court found he repeatedly made false statements about Trump’s 2020 election loss. The Manhattan appeals court ruled Giuliani, who had his New York law license suspended in 2021 for making false statements around the election, is no longer allowed to practice law in the state, effective immediately. “The seriousness of respondent’s misconduct cannot be overstated,” the decision reads. Giuliani “flagrantly misused” his position and “baselessly attacked and undermined the integrity of this country’s electoral process.” “In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the court wrote. Giuliani said Tuesday that he wasn’t surprised to lose his law license in his hometown, claiming in a post on the social media platform X that the case was “based on an activist complaint, replete with false arguments.” The former mob prosecutor was admitted to the New York bar in 1969, but before pleading Trump’s case in November 2020, Giuliani had not appeared in court as an attorney since 1992, according to court records. A Giuliani spokesperson, Ted Goodman, said the man once dubbed “America’s mayor” will appeal the “objectively flawed” decision by the midlevel state court. He also called on others in the legal community to speak out against the “politically and ideologically corrupted decision.” Giuliani argued in hearings held last October that he believed the claims he was making on behalf of the Trump campaign were true, but the court, in its decision, said it wasn’t convinced. “Contrary to respondent’s allegations, there is nothing on the record before us that would permit the conclusion that respondent lacked knowledge of the falsehood of the numerous statements that he made, and that he had a good faith basis to believe them to be true,” the decision reads. Among other things, the court said it found that Giuliani “falsely and dishonestly” claimed during the 2020 Presidential election that thousands of votes were cast in the names of dead people in Philadelphia, including a ballot in the name of the late boxing great Joe Frazier. He also falsely claimed people were taken from nearby Camden, New Jersey, to vote illegally in the Pennsylvania city, the court said.