Day: October 2, 2019

Dallas Cop Gets 10 Years in Prison for Killing Her Neighbor

A white Dallas police officer was sentenced Wednesday to 10 years in prison for killing her black neighbor in his apartment, which she said she mistook for her own unit one floor below.

Amber Guyger didn’t appear to show much reaction, at least from the angle of a live camera stream, as the judge read the jury’s sentence. It came a day after the jury convicted her of murder in the September 2018 killing of Botham Jean.

Guyger’s sentence was met with boos and jeers by a crowd gathered outside of the courtroom, with one woman saying, “It’s a slap in the face.”

But there was a very different tenor to the post-verdict scene inside the courtroom, where Jean’s brother, Brandt Jean, was allowed to address Guyger directly from the witness stand.

Brandt Jean said he forgave Guyger and that he thinks his brother would want her to turn herself over to Christ.

“I love you as a person. I don’t wish anything bad on you,” he said to the 31-year-old Guyger, before adding, “I don’t know if this is possible, but can I give her a hug?”

The judge said he could, and Brandt and Guyger both stood up, met in front of the bench and embraced while Guyger sobbed.
As Jean’s family walked out of the courtroom, the group that had been outside began a chant of, “No justice! No peace!” Two young black women hugged each other and cried.

Prosecutors had asked jurors to sentence Guyger to at least 28 years, which is how old Jean would have been if he was still alive.
The jury could have sentenced the former officer to up to life in prison or as little as two years.

The basic facts of the unusual shooting were not in dispute throughout the trial. Guyger, returning from a long shift that night, entered Jean’s fourth-floor apartment and shot him. He had been eating a bowl of ice cream before she fired.

Guyger said she parked on the wrong floor and mistook Jean’s apartment for her own, which was directly below his, and mistook him for a burglar. In the frantic 911 call played repeatedly during the trial, Guyger said “I thought it was my apartment” nearly 20 times. Her lawyers argued that the identical physical appearance of the apartment complex from floor to floor frequently led to tenants going to the wrong apartments.

But prosecutors questioned how Guyger could have missed numerous signs that she was in the wrong place. They also asked why she didn’t call for backup instead of walking into the apartment if she thought she was being burglarized and suggested she was distracted by sexually explicit phone messages she had been exchanging with her police partner, who was also her lover.

The shooting drew widespread attention because of the strange circumstances and because it was one in a string of shootings of unarmed black men by white police officers.

One of the Jean family lawyers hailed the verdict as “a victory for black people in America” after it was handed down Tuesday.

The jury was largely made up of women and people of color.

 

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N. Korea Builds Leverage, Demonstrates Threat, With Likely Submarine Launch

North Korea has tested what appears to be a submarine-launched ballistic missile — an important advancement in Pyongyang’s weapons program and a major provocation just days ahead of working-level nuclear talks with the United States.

South Korea’s military says it is “highly likely” North Korea tested a Bukkeukseong-type submarine-launched ballistic missile, or SLBM, early Wednesday from the sea near the coastal city of Wonsan in Gangwon province. Seoul says the missile flew about 450 kilometers but reached an altitude of about 910 kilometers, meaning it was launched at a lofted trajectory that would make its maximum distance much longer.

It is not yet clear whether the North launched the SLBM from a submarine or an underwater platform.

If confirmed, it could be the first time since 2017 that North Korea has tested a missile that is capable of flying distances that exceed what is considered to be “short range.” Its exact maximum range is not yet known.

The provocation comes at a particularly fragile moment. Late Tuesday, North Korea’s vice foreign minister said Pyongyang and Washington have agreed to hold long-delayed, working-level talks on October 5. The two sides will have “preliminary contact” the day before, she said.

It’s not clear how the latest launch will impact the talks. North Korea has conducted 11 rounds of ballistic missile launches since May. U.S. President Donald Trump has said he has “no problem” with Pyongyang’s previous launches, since they were short-range.

People watch a TV showing a file image of North Korea’s missile launch during a news program at the Seoul Railway Station in Seoul, South Korea, Oct. 2, 2019. North Korea on Wednesday fired projectiles toward its eastern sea, South Korea…

A new threat

A submarine-based missile launch would be a major escalation and a reminder of the threat posed by North Korean weapons.

Following several failed tests, North Korea in 2016 successfully tested a ballistic missile launched from a submarine. Reports have suggested that North Korea is working on new types of SLBMs, but those models had not yet been tested.

“We knew they were working on it but the question is why test it now?” asked Vipin Narang, a nuclear expert and professor at the Massachusetts Institute of Technology. “Get one in before the bell, betting we won’t walk away? Test the SLBM before talks start knowing you can’t once they do? Build leverage? All of the above?”

The development of satellite-launched ballistic missiles adds an unpredictable new component to North Korea’s arsenal. SLBMs are mobile, potentially increasing the range of North Korea’s ballistic missile arsenal. They are also easier to hide.

The latest test demonstrates North Korea is successfully diversifying its nuclear delivery options in ways that make it harder to combat using regional missile defenses, said Eric Gomez, a policy analyst for defense and foreign policy studies at the Cato Institute.

“This improves DPRK ability to survive attacks and have forces left to retaliate,” said Gomez.

Talking while launching

The North Korean launch risks embarrassing Trump and upsetting working-level talks that have been delayed for months. Though the United States has given no signs it will back out of the negotiations, Pyongyang seems to be sending the message it will continue its provocations even while engaging in negotiations.

“The North Koreans have a long history of juggling carrots and sticks,” said Mintaro Oba, a former U.S. diplomat who focused on the Koreas. “They combine these launches that raise tensions with what we call ‘charm offensives’ and that’s exactly what we saw today.”

“Their motivation is both to accelerate their technology, to create a sense of urgency behind negotiations to get some sort of nuclear deal with the United States, and to send some signals domestically as well that Kim Jong Un is strong and that the military remains an important constituency,” Oba said.

Regional threat

The missile launches also threaten North Korea’s neighbors.

Japanese officials said Wednesday North Korea fired two missiles, and that one landed in Japan’s exclusive economic zone off Shimane Prefecture. The other landed just outside Japan’s EEZ, Tokyo said.

If confirmed, it would be the first time in nearly two years that a North Korean rocket has landed in Japan’s exclusive economic zone.

Japanese Prime Minister Abe Shinzo condemned the launch.  

“North Korea has fired two ballistic missiles this morning,” he said. “This type of short range ballistic missile is a violation of United Nations resolutions and we seriously and heavily protest and reprimand against such act.”

North Korea has given varying justifications for its previous launches this year. Some of the launches, it says, were aimed at sending a warning to South Korea. Others were simply a test of its military capabilities and should not be seen as a provocation, it insisted.

Kim Dong-yub, a North Korea expert at Kyungnam University’s Institute for Far Eastern Studies in Seoul, said the latest launch likely has a dual message: to increase leverage ahead of working-level talks with the United States, and to respond to South Korea’s unveiling Tuesday of advanced weaponry, including the F-35A stealth fighter acquired from the U.S.

A South Korean fighter pilot stands near a F-35 A Stealth on the 71st anniversary of Armed Forces Day at the Air Force Base in Daegu, South Korea, Oct. 1, 2019.

Delayed talks

The North’s announcement of talks came almost exactly three months after Trump and North Korean leader Kim Jong Un met at the demilitarized zone separating the two Koreas and agreed to resume working-level talks.

The talks have been stalled since February, when a Kim-Trump meeting in Vietnam broke down over how to pace sanctions relief with steps to dismantle North Korea’s nuclear program.

It’s not clear if either side has softened their negotiating stance, though recent developments suggest an increased willingness to work toward a deal.

Late last month, Trump said a “new method” to the nuclear talks would be “very good.” That is especially relevant since North Korean officials have for months said the only way for the talks to survive is if the United States adopts a “new method” or a “new way of calculation” or similar language.

Trump also recently dismissed his hawkish National Security Advisor John Bolton, who had disagreed with Trump’s outreach to North Korea.

North Korea praised both developments, even while criticizing the U.S. for what it sees as provocative actions, including the continuation of joint military exercises with South Korea and weapons sales to Seoul.

Approach

North Korea has repeatedly said it is not willing to unilaterally give up its nuclear weapons. Pyongyang instead prefers a phased approach, in which the United States takes simultaneous steps to relieve sanctions and provide security guarantees.

Kim and Trump have met three times since June 2018. At their first meeting in Singapore, the two men agreed to work toward the denuclearization of the Korean peninsula. But they never agreed on what that means or how to begin working toward it.

Trump has said he is open to holding another summit with Kim. But it has long been unclear how the talks can advance without more substantive discussions — including technical experts — about what each side is prepared to offer and how to get there.

“I hope this will at minimum reacquaint the substantive negotiators with their counterparts and perhaps lead to some actionable leads,” said Melissa Hanham, a weapons expert and deputy director at the Open Nuclear Network. “Any substantive working-level talks are good. Diplomacy is like a muscle and it needs exercise.”

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‘Car Wash’ Probe Faces New Challenges

Brazil’s top court is expected to make a ruling this week that could lead to the annulment of dozens of cases brought by the sprawling Operation Car Wash that has snared top politicians and businesspeople across Latin America. The probe, once heralded as a model of anti-corruption efforts, has been heavily criticized in Brazil following allegations that some prosecutions were politically tainted. Here’s a look at the challenges the operation faces:

What is Operation Car Wash?

“Operation Car Wash” began in March 2014 as an investigation into money laundering involving a gas station owner in the southwestern state of Parana. The suspects reached plea bargains that opened windows onto an immense graft scheme. Prosecutors say executives of major construction companies effectively formed a cartel that decided which firms would be awarded huge contracts with the state oil company Petrobras and how much to inflate prices to cover payoffs for politicians and Petrobras executives.

What Has It Achieved?

The inquiry has led to the sentencing of 159 individuals, including former President Luiz Inacio Lula da Silva, former congressional Speaker Eduardo Cunha, former Rio de Janeiro Gov. Sergio Cabral and Eike Batista, once Brazil’s richest man. Prosecutors say Brazil can expect to retrieve over $3.4 billion in stolen money, with a fourth of that amount already returned. The probe has also led to the arrest or resignation of presidents in Peru and has rattled nations across the hemisphere.

So Why is It Losing Steam?

Some legal analysts, business leaders and politicians have accused Car Wash prosecutors of judicial overreach to further a political agenda, notably in the conviction of Da Silva, which forced him out of the last presidential race. The Intercept Brasil news website said hacked cellphone conversations showed that the judge guiding the Car Wash probe, Sergio Moro, had improperly coordinated with prosecutors, allegations he denies. Moro was later chosen justice minister by newly elected conservative President Jair Bolsonaro, whose campaign was boosted by the removal of the front-running Da Silva. The controversy has led some to urge limits on the investigation.

What is the Supreme Court Discussing?

Plea bargain testimonies are at the core of the Car Wash investigation. A majority of justices in Brazil’s top court voted last week in favor of allowing defendants mentioned in plea deals to testify after hearing the accusation. They argue that the accused had not been adequately allowed to defend themselves. The case applied to Marcio de Almeida Ferreira, the Petrobras executive who raised the issue. Justices have yet to decide whether the decision will apply only to his and future cases, or be retroactive — a measure that potentially could undermine earlier convictions.

What Could the Ruling Mean?

The Car Wash task force, part of the federal public prosecutors’ office, says 143 criminal defendants might benefit from a retroactive ruling. The decision could open the door for the annulment of some cases Da Silva is involved in, but not the one that put him behind bars. The 73-year-old former president was found guilty in July 2017 of accepting an apartment in the city of Guaruja as a kickback from construction company OAS in return for his influence. His lawyer says the prosecution was “corrupted” and that the former president should be freed anyway.

What About Congress?

Lawmakers — some of them under investigation themselves — recently passed a law against possible “abuse of authority” from prosecutors, judges and police. Fabio Kerche, a political scientist at the State University of Rio de Janeiro, says prosecutors in Brazil have a lot of autonomy and little accountability. The new law seeks to limit some of that power by expanding the list of what is considered an “abuse of authority.” While it does not target Car Wash prosecutors or judges specifically, it applies to them too. A magistrates’ association says it will fight some of the new measures in the Supreme Federal Court. Bribery experts from the Paris-based Organization for Economic Development and Cooperation also expressed concerns before the bill was approved, saying they fear it will let corrupt people “unfairly attack justice-seeking prosecutors and judges for appropriately doing their jobs.”

 

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Ecuador President Ends Subsidies That Hold Down Fuel Costs

Ecuadorian President Lenin Moreno announced an end to government subsidies for holding down fuel prices and said Tuesday night that he will send congress a proposal to overhaul taxes and labor rules as a way to revitalize the economy.

In an address broadcast on television and radio, Moreno said he was eliminating the $1.3 billion subsidy for gasoline and diesel. The move will raise the price of gasoline to $2.30 a gallon from $1.85 and the cost of diesel to $2.27 from $1.03.

He said a tax overhaul bill that he would send to the National Assembly within hours would include a provision for a three-year special tax on companies with annual revenue above $10 million. The extra money would go to education, health and safety, he said.

Moreno said the proposal also would provide for reducing taxes on technological and cellular equipment, machinery and industrial equipment for simplifying refunds for exporters that pay foreign trade taxes. To stimulate the creation of jobs, he said he is proposing a new law to make hiring easier, encourage facilities for telework and help those who start businesses.

“The goal is more work, more entrepreneurship and better opportunities … boosting economic growth and employment,” the president said.

Moreno also announced that government employees will be required to contribute a day’s pay each month to state coffers on the grounds that they receive higher pay than workers in the private sector.

Ecuador is experiencing economic problems arising from the high public indebtedness inherited from the 2007-2017 administration of President Rafael Correa. Moreno has sought credit with international agencies, especially the International Monetary Fund.

 

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New Indonesian Parliament Urged to Tackle Sexual Violence ‘Emergency’

Lawmakers sworn into Indonesia’s parliament on Tuesday are being urged to push through a sexual violence bill to protect women from abuse that rights groups say has reached “emergency” levels.

Sexual violence is prevalent in the Southeast Asian country of 260 million. Tens of thousands of people in recent weeks have protested against a proposed new criminal code that would outlaw sex outside marriage and penalize women who have abortions.

Women’s rights activists are also calling on newly installed lawmakers in the world’s third-largest democracy to revive a bill shielding women from violence that for years has failed to pass parliament due to conservative opposition.

Over 400,000 cases of violence against women, including domestic and sexual abuse, were reported in 2018 compared to nearly 280,000 in 2013, according to data compiled by the National Commission on Violence Against Women.

“We want to see the bill passed by 2020 because we have waited for too long,” Azriana Manalu, chairwoman of the government-backed commission which helped draft the legislation, told the Thomson Reuters Foundation by phone from Jakarta.

The proposed bill seeks to expand the crime of sexual violence to include harassment, exploitation and forced abortions and forced prostitution.

Conservative groups, including the Islamist Prosperous Justice Party (PKS), say the bill is “too liberal” since it does not penalize other sex-related acts such as adultery.

“It [the bill] has the potential to promote free sex and deviant sexual behaviors,” Jazuli Juwaini, a PKS lawmaker was quoted as saying by Indonesian news website Kompas in February.

An online petition opposing the bill has received nearly 170,000 signatures.

Indonesia’s Law and Human Rights Minister Yasonna Laoly talks to journalists with Baiq Nuril Maknun, a school bookkeeper who was jailed after she tried to report sexual harassment, in Jakarta, Indonesia, July 8, 2019.

Violence against Indonesian women was thrust into the headlines in July when a woman was jailed for reporting sexual harassment and later pardoned following a public outcry.

Similar outrage was sparked in 2016 when a 14-year-old girl was gang-raped and murdered, prompting the government to approve the use of the death penalty for those convicted of raping minors.

Women’s rights campaigners say the recent brutality against women and girls demonstrates the need for separate legislation to combat gender-based sexual assault.

“We have many gaps in our current legislation [which needs] to recognize the different forms of sexual violence women face,” said Mutiara Ika Pratiwi, the head of Jakarta-based gender equality group Perempuan Mahardhika or ‘Free Women.’

“The level of sexual violence we’re seeing now has become a national emergency and we cannot afford to wait any longer,” she added.

The 575 lawmakers, elected by popular vote in April, will serve five-year terms. President Joko Widodo will take his oath for his second term in office later in October.

 

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Johnson & Johnson Settles Ohio Lawsuits to Avoid Federal Trial

Johnson & Johnson said on Tuesday it will pay $20.4 million to settle claims by two Ohio counties, allowing the U.S. healthcare giant to avoid an upcoming federal trial seeking to hold the industry responsible for the nation’s opioid epidemic.

J&J became the fourth drugmaker to settle claims ahead of the Federal Court trial against multiple manufacturers and distributors in Cleveland scheduled for later this month. The case is considered a bellwether for more than 2,600 lawsuits by state and local governments that are pending nationally.

“The settlement allows the company to avoid the resource demands and uncertainty of a trial as it continues to seek meaningful progress in addressing the nation’s opioid crisis,” J&J said in a statement.

“The company recognizes the opioid crisis is a complex public health challenge and is working collaboratively to help communities and people in need,” it added.

FILE – An emergency opioid overdose kit is seen at the statehouse in Concord, New Hampshire, Sept. 29, 2015.

Opioids were involved in 400,000 overdose deaths in the United States from 1999 to 2017, according to the U.S. Centers for Disease Control and Prevention.

J&J which formerly marketed the painkillers Duragesic and Nucynta, said the settlement includes no admission of liability.

The company will pay $10 million to Cuyahoga and Summit counties, reimburse $5 million of their legal and other expenses and provide $5.4 million to non-profit organizations that run opioid-related programs in the counties.

Mallinckrodt finalized a $24 million settlement with the same two counties on Monday. Endo International and Allergan also settled with the two counties in August to avoid going to trial.

The remaining defendants in the Oct. 21 federal trial include McKesson, AmerisourceBergen, Cardinal Health, Teva Pharmaceutical Industries, Walgreens Boots Alliance and Henry Schein.

FILE – A pharmacist holds a bottle OxyContin made by Purdue Pharma at a pharmacy in Provo, Utah, May 9, 2019.

OxyContin maker Purdue Pharma succumbed to pressure from the lawsuits and filed for bankruptcy protection in September.

Some plaintiffs’ lawyers have compared the opioid cases to litigation by states against the tobacco industry that led to a $246 billion settlement in 1998.

Earlier in the year, an Oklahoma judge ordered Johnson & Johnson to pay $572.1 million to the state for its part in fueling an opioid epidemic by deceptively marketing addictive painkillers.

Purdue Pharma and Teva had settled claims by Oklahoma’s attorney general for $270 million and $85 million, respectively.

 

 

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