Latest news with #6thAmendment
Yahoo
09-05-2025
- Yahoo
Man who served 19 years for holding housekeeper captive resentenced, will be deported
DENVER (KDVR) — On Tuesday, a man pleaded guilty to 11 amended charges related to accusations of holding his Indonesian-born housekeeper captive and repeatedly molesting her over four years, and was immediately resentenced, according to a Colorado district attorney's office. Homaidan Al-Turki, 56, stood trial in 2006 and was convicted of 18 charges, ranging from false imprisonment to unlawful sexual contact, extortion and theft stemming from 2000 to 2004, the 18th Judicial District Attorney's Office reported on Thursday. Since then, Al-Turki has been serving his six-year-to-life sentence in the Colorado Department of Corrections. Previous case reporting: Declassified documents show possible link between man in Colorado and 9/11 He became eligible for parole in 2011, but didn't participate in the DOC's sex-offender treatment program, according to the 18th Judicial District Attorney's Office. Because he didn't participate in the program, he was prohibited from release, delaying his deportation back to Saudi Arabia. Al-Turki has filed several motions with the court alleging that his defense counsel improperly represented him. A hearing to determine if Al-Turki qualified for post-conviction relief led to the DA's office agreeing to amend 11 counts if Al-Turki would plead guilty to them. Those charges were all criminal attempt to commit unlawful sexual contact by physical force, and a judge sentenced Al-Turki to six years on each amended count to be served concurrently. 'Mr. Al-Turki raised 6th Amendment concerns that his trial attorneys—all four of them— failed to adequately research Colorado statutes relating to sentencing for unlawful sexual behaviors,' Chief Deputy DA Ann Tomsic said in a release. 'This issue, coupled with the nearly 19 years the defendant has served in prison and the difficulties retrying the case due to its age, unknown location of the victim, and death of witnesses, necessitated an agreement to a reduction in the eleven sex offense charges and their sentences, along with an understanding that he will be immediately removed from the United States.' Immigration and Customs Enforcement agents took Al-Turki into custody on Tuesday and will remove him from the U.S. to Saudi Arabia. 'Al-Turki has served nearly two decades in prison for his heinous and aggravated conduct,' District Attorney Amy Padden said. 'Returning this convicted felon and sex offender to his home country ensures he will not be able to prey on anyone else in our community.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
01-04-2025
- Yahoo
Man convicted in Berkshire County triple murder denied appeal
PITTSFIELD, Mass. (WWLP) – A federal court has denied a request by one of three men convicted in a Berkshire County triple murder to have his conviction overturned. David Chalue was convicted of three counts of first-degree murder, kidnapping and witness intimidation in the 2011 killings of David Glasser, Edward Frampton, and Robert Chadwell. Chalue filed a petition with the federal court saying that his 6th Amendment rights were violated during his trial in 2014. The federal court disagreed, finding error in a judge's jury instructions but saying that didn't affect the outcome of the case. The information from the Berkshire County District Attorney's Office states Chalue filed a request based on the following: The trial judge gave an erroneous instruction to a lone juror and then to the rest of the jurors concerning the reaching of a unanimous verdict. The United States District Court found that, while this instruction was erroneous, there was not proof that the instructions altered the final guilty verdict. This decision was based on the fact the jury continued to deliberate for a lengthy period following the judge's erroneous instruction to the lone juror. The trial judge repeatedly allowed the admission of irrelevant and prejudicial bad-act evidence. The United States District Court found this challenge to be unfounded. While a photo of a weapon that was not used in the murder was admitted, the Court found that said photo had no effect on the outcome of the trial. The prosecutor made several misstatements of evidence, inferences, and emotional appeals in his opening statement and summation. The Court found this challenge to be unfounded. No new trial for Caius Veiovis in triple murder case The District Court also declined to issue a Certificate Of Appealability, blocking any further federal appeal of his claims. Chalue is serving three consecutive life sentences for the murders. Two other men, Adam Lee Hall and Caius Veiovis, are also serving consecutive life sentences. The Supreme Judicial Court had earlier denied the appeals of Hall and Veiovis. Berkshire District Attorney Timothy Shugrue praised the decision, noting that 'these three defendants each received a fair trial and were properly sentenced for crimes that are assuredly among the worst ever committed in Berkshire County.' Shugrue added, 'A great team of investigators mounted the single largest investigation in the history of Berkshire County that enabled District Attorney Capeless and his team of prosecutors to present the damning evidence that convinced three juries to return the proper verdicts. An equal effort over the past ten-plus years has been expended to maintain those verdicts, and all involved should have the grateful thanks of Berkshire County's citizens.' WWLP-22News, an NBC affiliate, began broadcasting in March 1953 to provide local news, network, syndicated, and local programming to western Massachusetts. Watch the 22News Digital Edition weekdays at 4 p.m. on Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Fox News
31-03-2025
- Politics
- Fox News
Red state moves to defund county after leader vows to ‘interfere and interrupt' ICE deportations
Iowa Attorney General Brenna Bird is suing to defund an entire county after its leading law enforcement authority vowed to "make every effort to block, interfere and interrupt" deportation operations based on ICE detainers, which he called unconstitutional. This comes amid the Trump administration's concerted whole-of-government approach to cracking down on illegal immigration and migrant crime in the United States. Bird, a Republican, argues that the sheriff's self-proclaimed "longtime" stance of interrupting immigration enforcement operations based on detainers "impeded and discouraged cooperation with federal immigration authorities in violation of Iowa law." A detainer is a formal request by ICE to other law enforcement authorities to hold an individual the agency has good reason to believe is an illegal alien who poses a threat to the well-being and safety of the community. ICE officials have said that by refusing to honor detainers, law enforcement agencies put their communities at risk by allowing potentially dangerous illegals back onto the streets. Despite this, Winneshiek County Sheriff Dan Marx pledged not to cooperate with ICE detainers in a Feb. 4 Facebook post in which he asserted that a detainer is "simply an unconstitutional *request* from ICE." In the now-deleted post, Marx encouraged people to contact his office if they encounter "any federal agents" and said he and his staff are "always willing to assist with verifying credentials and the legitimacy of any paperwork federal agents should have to make certain your rights are not being abused." "If the fed's actions and paperwork are within constitutional parameters (such as proper and valid judicial warrants/court orders) we will assist if needed or requested to ensure their actions are carried out professionally and in the least intrusive fashion possible," he said. "If their actions or paperwork are not within constitutional parameters," he went on, "then we will make every effort to block, interfere and interrupt their actions from moving forward." Actions the sheriff claimed are not within constitutional parameters include what he called "non-judicially vetted 'detainers,'" which he claimed "are simply an unconstitutional *request* from ICE or other three letter federal agency to arrest or hold someone." Marx claimed that "the only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant." "Simply put, they are not sure they are detaining the right person and need more time to figure it out," he claimed, adding, "these detainers are violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process." Marx concluded the long post by saying his "long-time stance on not recognizing detainers" and involvement with immigration enforcement will be based on "constitutional standards … not opinions, politics or emotions." In response, Iowa Gov. Kim Reynolds, a Republican, filed an official complaint with the attorney general about the sheriff violating a state law mandating law enforcement cooperate with federal immigration authorities. This prompted an investigation in which Bird found that, despite his defiant rhetoric, Marx's office had complied with "every single ICE detainer request" since 2018. The attorney general gave Marx a deadline last week to amend his statements to comply with state law. When he refused to issue a correction, Bird launched a lawsuit to pull all state funding to Winneshiek County until the sheriff agrees to comply with state law regarding cooperating with federal immigration authorities. Bird argues that Marx's post, which she said was "rife with legal and factual errors that discouraged enforcing immigration laws," violated chapter 27A of the Iowa state legal code. The lawsuit, which was filed in the Polk County District Court, cites section 27A.4 of the Iowa legal code, which states that a county "shall be ineligible to receive any state funds if the local entity intentionally violates this chapter." Commenting on her suit, Bird said that "sanctuary counties are illegal under Iowa law." "Sheriff Marx was given the chance to retract his statement, follow the law, and honor ICE detainers, but he refused—even at a cost to his home county," she said. "He left us with no choice but to take the case to court to enforce our laws and ensure cooperation with federal immigration authorities." A representative for the Winneshiek County Sheriff's Office declined Fox News Digital's request for comment, saying the sheriff and office "are unable to provide any comments at this time due to the pending litigation." The Winnishiek County Auditor, Benjamin D. Steines would not disclose how much money the county stands to lose, citing the same litigation. "Iowa is not a sanctuary for illegal immigration. Anyone who threatens to 'block, interfere and interrupt' with immigration enforcement, as this sheriff did, will be held accountable," Bird told Fox News Digital. She noted that her office "gave the Sheriff an opportunity to fix his state-law violation and cooperate with immigration enforcement, but he refused—knowing that it would cost his home community. All he has to do to end this is fix the problem and follow the law." "Years of a Biden-Harris border invasion takes a serious toll—even on Iowa, and we're a long way away from the border," she went on. "Thankfully, President Trump hit the ground running to secure the border, crack down on drug trafficking, and reduce crime. And as Iowa's Attorney General, I will keep fighting to ensure our state cooperates with federal immigration authorities to keep our communities safe."
Yahoo
27-03-2025
- Politics
- Yahoo
Iowa AG Bird sues Winneshiek County Sheriff over alleged violation of sanctuary county law
DES MOINES, Iowa — Iowa Attorney General Brenna Bird announced on Thursday that her office is suing Winneshiek County Sheriff Dan Marx for allegedly violating the state sanctuary county law. The lawsuit is in response to a formal complaint made by Governor Kim Reynolds over a post that Sheriff Marx made to Facebook that Bird alleges violates the state's sanctuary county law. The law in question was signed by Reynolds in 2018 and prohibits a local entity from adopting or enforcing policies that 'discourages the enforcement of immigration laws,' among other things. The suit alleges that Sheriff Marx violated that law with his post, which outlined his concerns with federal agencies like ICE and their use of detainers. The post claimed that if an agency's actions or paperwork regarding an immigration concern doesn't follow constitutional parameters, like a judicial warrant or court order, then he and his office would work to block the agency's actions. The post goes on to say that the detainers utilized in immigration cases violate 4th Amendment protections against warrantless search, seizure, and arrest, and violate the 6th Amendment right to due process. Head-on crash caused by driver fleeing police, DMPD says An investigation conducted by Bird's office found that the post violated the sanctuary law, and gave the sheriff until Wednesday at 5 p.m. to remove the original post and issue a clarifying post stating he and his office would comply with ICE detainers. The AG said if he didn't follow these steps, the county could be at risk of losing state funding. 'Sanctuary counties are illegal under Iowa law,' Bird said in a statement. 'Sheriff Marx was given the chance to retract his statement, follow the law, and honor ICE detainers, but he refused — even at a cost to his home county. He left us no choice but to take the case to court to enforce our laws and ensure cooperation with federal immigration authorities.' On Thursday, Sheriff Marx released a statement on Facebook in response to the lawsuit explaining that the county decided to remove the original post, but would not replace it with the scripted statement provided by the AG as it was determined to not be acceptable to the county. 'Sheriff Marx's response outlines how Winneshiek County has been in compliance with Iowa Code Chapter 27A while protecting the constitutional rights of our citizens. The response also confirms the Sheriff's Office commitment to remain in compliance with State and Federal immigration laws while staying true to the Constitutional protections afforded the citizens of Winneshiek County. While we are disappointed and disagree with the Attorney General's conclusion, we remain confident that this issue can be resolved. Thank you for your continued support. Winneshiek County Sheriff's Office The full lawsuit can be read below: 03.26-Iowa-v.-Marx-Complaint Iowa News: Iowa AG Bird sues Winneshiek County Sheriff over alleged violation of sanctuary county law WHO 13 Farm Report: Thursday, March 27th Man who shot at police in February, assaulted deputy while trying to escape, police say Embracing Fort Dodge's roots at the River's Edge Discovery Center Community plans benefit for injured Webster City lineman Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-03-2025
- Politics
- Yahoo
Bird says Iowa sheriff violated the law requiring detention of suspected illegal immigrants
Iowa Attorney General Brenna released a report Wednesday on a county sheriff's claim that he would not be taking certain steps to detain people for suspected violations of immigration laws. (Photo by Robin Opsahl/Iowa Capital Dispatch) Iowa Attorney General Brenna said Wednesday that a county sheriff broke the law by saying he would not honor requests to detain people for suspected violations of immigration laws if those requests weren't approved the courts. In a Feb. 4, 2025, Facebook post, Winneshiek County Sheriff Dan Marx, a Republican, stated that if his office received 'detainer' requests to hold suspected illegal immigrants, and those requests were not vetted and approved by the courts, they would be rejected by his office. In his post, Marx distinguished between detainer requests of that kind and what he called 'valid' judicial warrants and court orders. He wrote that 'the only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant.' In her report, Bird claims that assertion by Marx is false. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Marx also wrote that detainers which had not been vetted by the courts were 'violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process' — another claim that Bird says is false. Gov. Kim Reynolds, a Republican like Bird, had sent the attorney general's office an official complaint seeking an investigation into the Facebook post. In the report summarizing her investigation, Bird alleges Marx's post violated Iowa Code Chapter 27A, which prohibits state law enforcement from discouraging public cooperation with federal immigration authorities. On Wednesday, Bird said Marx's Facebook post discourages such cooperation by making 'false claims' and by threatening to interfere with enforcing Immigration and Customs Enforcement detainers. According to the report, Marx stated on Feb. 14, 2025, that his office had complied with all 21 of the Immigration and Customs Enforcement detainers that it had received. Bird said Wednesday her office will close its investigation once the sheriff has issued a statement 'clarifying' his Facebook post, and she gave him until 5 p.m. on Wednesday to do so. Bird's report and a related press release were issued at 4:44 p.m. Wednesday, 16 minutes before the deadline. It's not clear when Marx was informed of the deadline. Failure to comply with the directive, Bird said, would result in enforcement action against the sheriff. 'Iowa law makes clear that there are no sanctuary counties,' Bird said in a press release. 'Any reports of sanctuary counties or sheriffs will be investigated. Our investigation into Winneshiek County found that the sheriff is violating the law, and we are giving the sheriff a chance to fix the problem. Failure to do so means that his county may lose all state funding.' In an unusual move, Bird provided Marx with specific language to include in the public statement that is to go out over his signature, adding that his statement must conform 'substantially' to the language she dictated: 'People of Winneshiek County, The Winneshiek County Sheriff's Office fully complies with all state and federal law. We cooperate with ICE, FBI, and others under both state and federal law. Iowa law requires full and complete cooperation with federal immigration authorities. We follow that law. 'We will always comply with ICE detainers and, at least since November 26, 2018, we have done so. This post serves as formal revocation of my earlier February 4, 2025 post. Since we adopted our official policy that we will comply with ICE detainers, we have complied with all 21 ICE detainers that ICE has made with our office. We will continue to comply with every ICE detainer request made in Winneshiek County. 'On Feb. 4, I posted a message on Facebook that implied we would not fully comply with state and federal law. I have deleted that message, which I disavow. It was wrong. It made many incorrect statements regarding my office's policies on ICE detainers. This message explaining that the Winneshiek County Sheriff's Office has always complied with every single ICE detainer made and will continue to comply, as required by both state and federal law, replaces that message. 'My office has a long-time stance on recognizing and complying with ICE detainers. We will continue to do so. 'Respectfully, Sheriff Dan Marx.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
