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Friday, June 14, 2019

Chinese woman arrested at Trump's Mar-a-Lago takes unusual legal path

June 14, 2019 12H28 GMT/ZULU

by Kathy DiNuzzo and Biodun Iginla, BBC News and Reuters, Miami

A Chinese woman charged in March with lying to get into U.S. President Donald Trump’s Mar-a-Lago resort while carrying multiple electronic devices, has decided to act as her own lawyer.

FILE PHOTO: The Mar-a-Lago club, where U.S. President Donald Trump is spending Easter weekend, in Palm Beach, Florida, U.S., April 21, 2019. REUTERS/Al Drago/File Photo

Yujing Zhang is charged with making false statements to a federal officer and entering or remaining in a restricted area, in an incident that raised concerns about security at the Palm Beach, Florida club. She has pleaded not guilty.

U.S. District Judge Roy Altman in Fort Lauderdale, Florida signed off on Zhang’s decision at a hearing on Tuesday, finding her mentally competent to represent herself, though he ordered that the public defenders initially assigned to her remain on standby in case she has questions or changes her mind.

Zhang’s choice is unusual, but not unprecedented. Criminal defendants in the United States are guaranteed a court-appointed lawyer if they cannot afford to hire their own, but the justice system has a set of rules for defendants who refuse that offer, as well.

CAN YOU REPRESENT YOURSELF?

Criminal defendants generally have a right to represent themselves at trial. In 1975, the U.S. Supreme Court ruled in the case Faretta v. California that the Sixth Amendment of the Constitution gives the defendants the right to act as their own lawyers. The decision reversed a California state court’s ruling that Anthony Faretta, a man accused of grand theft, had no such right.

The right to self-representation has limits, however. Under the standards laid out in the Faretta ruling and later cases, a defendant must fully understand his or her decision to proceed without a lawyer. The hearing Altman held Tuesday was a so-called Faretta hearing, in which he asked Zhang whether she understands every step of the trial process, which include choosing a jury, the rules that govern admitting evidence and the procedures for making objections.

WHAT ARE THE REQUIREMENTS TO BE YOUR OWN LAWYER?

The defendant must be found not to have any serious mental health issues. On that score, Altman took the word of Zhang’s public defenders, who said in a June 6 court filing that their client had no serious issues.

Under Faretta, judges must also warn defendants strongly against representing themselves. Defendants must be told that they will be expected to follow all the rules and procedures of the court and that no special allowances will be made for their lack of legal training.

Defendants who nonetheless press on without a lawyer must be allowed access to legal resources to prepare their defense. That could mean access to a prison law library, though in Zhang’s case, Altman ordered her former lawyers to give her law books to help prepare.

WHO ELSE HAS BEEN THEIR OWN LAWYER?

Though it is very rare for defendants to represent themselves in criminal cases, there have been several high-profile examples. John Allen Muhammad, the “Beltway sniper” behind a series of murders in the Washington area in 2002, and Dylann Roof, a white supremacist who carried out a deadly mass shooting in a church in North Carolina, both began their trials representing themselves, though both later changed their mind and brought in defense lawyers. Both were convicted and sentenced to death.

Friday, July 10, 2015

Charleston shooting: System failure 'allowed Roof to buy gun' - FBI

by Alyssa Mann and Biodun Iginla, BBC News, Washington DC

1 hour ago

The man accused of killing nine black churchgoers in South Carolina last month was able to buy a gun due to a background check failure, the FBI says.

Dylann Roof should have been stopped from purchasing a weapon due to a felony charge, FBI chief James Comey told reporters on Friday.
But he said the charge was either incorrectly entered into a background check system or mishandled by analysts.
Roof is facing nine counts of murder over the 17 June attack in Charleston.
Speaking to reporters at FBI headquarters in Washington DC, Mr Comey outlined a series of missed opportunities and incomplete paperwork that allowed Mr Roof to buy a firearm.
Mr Roof, 21, was charged with possessing drugs just weeks before the attack on the Emanuel AME Church, and police said he admitted to the offence.
That admission should have been enough to stop him from buying a weapon, Mr Comey said, but the offence was incorrectly added to Mr Roof's record.
This meant the FBI analyst doing the mandatory background check on Mr Roof did not see it. "If she had seen that police report," Mr Comey said, "that purchase would have been denied."

'We are all sick'

He said he learned about the problem on Thursday night and FBI officials were meeting with relatives of the nine victims on Friday.
An internal review into how the agency uses criminal background checks in gun transactions has been launched. The FBI runs background checks for gun dealers in about 30 states, including South Carolina.
"We are all sick that this happened. We wish we could turn back time," he added.

An image of a gun that was posted on a website believed to have been owned by Dylann Roof

Mr Comey's comments came on the same day that South Carolina removed the Confederate flag from the capitol grounds in a ceremony attended by some relatives of the church shooting victims.
The flag was the battle emblem of southern states in the US Civil War and was raised over South Carolina's statehouse in 1961 to mark the 100th anniversary of the conflict.
Critics have long called it a symbol of slavery and the backlash against it grew when pictures of Mr Roof posing with the banner were discovered online.
Mr Roof was arrested the day after the shooting more than 200 miles away in North Carolina and then flown back to Charleston.
He appeared in court via a video link for a bail hearing last month and is next expected in court in October.

What stops you from buying a gun in the US

having served a prison term of more than a year

being the subject of an active felony or misdemeanour warrant

a conviction for using or possessing drugs in the last year

multiple arrests for using or possessing drugs within the last five years, with the most recent in the last 12 months

being in the US illegally

being dishonourably discharged from the US armed forces

renouncing your US citizenship

Source: FBI fact sheet

Saturday, June 20, 2015

Charleston shootings: Emanuel AME church to reopen

by Alyssa Mann and Biodun Iginla, BBC News, Charleston, SC

2 hours ago

The African-American church in which nine parishioners were shot dead in South Carolina is to reopen for services on Sunday.

Members of Emanuel AME church met again on Saturday in the room where their friends died on Wednesday.
Many more people are expected to attend the service at 09:00 (13:00 GMT).
Meanwhile, police are investigating an online post, possibly by the gunman, that appears to outline his motivation for the attack.
One of those who attended Saturday's meeting, Harold Washington, said the church's doors would be open to all on Sunday.
"We're gonna have people come by that we've never seen before and will probably never see again, and that's OK," he said.
"It's a church of the Lord - you don't turn nobody down."
Survivors say Dylann Roof spent close to an hour attending a church service on Wednesday before opening fire.

Crowds gathered outside the historic church on Saturday to hear pastors from across the US lead prayers. Many travelled hundreds of kilometres from across the country to pay their respects.
"There was an overwhelming feeling that made me drive here," said Monte Talmadge, a 62-year-old army veteran who drove nearly 300 miles (480km) to get to Charleston.
A rally was also held in the city by the Black Lives Matter movement, which began after the 2013 acquittal of George Zimmerman over the killing of an unarmed African-American teenager, Trayvon Martin.

'Take it down'

In South Carolina's state capital, Columbia, protests took place to demand the removal of the Confederate flag from the capitol building.
The flag was a symbol used by southern states in the civil war, when they tried to break away to prevent the abolition of slavery.
It is viewed by many as a sign of the white supremacy advocated by those states at the time.
The protest followed US President Barack Obama's remark that the flag belonged "in a museum".

Protesters chanted "Take it down" and sang We Shall Overcome, an anthem of the black civil rights movement.
On Friday, South Carolina's Republican state representative Doug Brannon told MSNBC that he planned to introduce legislation to remove the flag.

On Saturday, images emerged on a website showing Dylann Roof posing with the Confederate flag. In others, he is seen burning the US flag and visiting a former slave plantation.
In one image, he is shown staring down the camera while sitting on a chair in camouflage trousers holding a gun.
It is unclear who posted the images on the site, which was found on Saturday.
The website - since taken down - also carried a 2,000-word racist manifesto, the origins of which are also unknown.

The author says Charleston was chosen for the attack because of its history of slavery and its large black population.
Internet records suggest the website's domain was registered in February but it is unclear who was behind it.
A law enforcement official, quoted by AP, said the FBI was looking into the website.
Data from the images show many of them were taken in April and May this year.

The victims

Cynthia Hurd, 54
Rev Clementa Pinckney, 41
Rev Sharonda Coleman-Singleton, 45
Tywanza Sanders, 26
Ethel Lance, 70
Rev Depayne Middleton-Doctor, 49
Susie Jackson, 87
Rev Daniel Simmons Sr, 74
Myra Thompson, 59

The victims of the Charleston shooting

Charleston shootings: Dylann Roof photos found online

by Alyssaa Mann asnd Biodun Iginla, BBC News, Charleston, SC

30 minutes ago

Images have surfaced online that appear to show the gunman that killed nine people at an African-American church in South Carolina posing with a gun.

The collection of photographs discovered on a website also show 21-year-old Dylann Roof burning the US flag and visiting a slave plantation.
In one image he is shown staring down the camera while sitting on a chair in camouflage trousers holding a gun.
It is unclear who posted the images on the site, which was found on Saturday.

Flag criticism

The website was taken offline on Saturday shortly after it was discovered. Internet records suggest its domain was registered in February but it is unclear who was behind it.
A law enforcement official, quoted by AP, said the Federal Bureau of Investigation (FBI) was looking into the website.
Data from the images show many of them were taken in April and May this year.

Many of the photographs show Mr Roof posing with the Confederate flag, a symbol used in the US south during the civil war when southern states tried to break away to prevent the abolition of slavery.
It is viewed by many as symbolising the white supremacy advocated by those states at the time.

Former Republican presidential candidate Mitt Romney has joined calls for South Carolina to take down the Confederate flag flying outside its capitol building.
It comes after US President Barack Obama said on Friday he believed the flag belonged "in a museum".
Mr Roof was arrested on Thursday and charged with the murders of nine African-Americans at the Emanuel African Methodist Church in downtown Charleston.

Police said he spent an hour sitting with parishioners inside the church before opening fire on them on Wednesday evening.
Crowds gathered outside the historic church on Saturday to hear pastors from across the US lead prayers. Many travelled hundreds of miles from across the country to pay their respects.
"There was an overwhelming feeling that made me drive here," Monte Talmadge, a 62-year-old army veteran who drove nearly 480km (300 miles) to get to Charleston, told Reuters.
Rallies are also due to be held across the state later on Saturday, with one planned in Charleston by the organisers of the Black Lives Matter movement, which began after the 2013 acquittal of George Zimmerman over the killing African-American teen Trayvon Martin.
Up to 3,000 people are also expected to join hands in a march across the Ravanel Bridge, one of the city's main thoroughfares.
The church is due to reopen on Sunday for a service at 09:00 local time (13:00 GMT).

Cynthia Hurd, 54
Rev Clementa Pinckney, 41
Rev Sharonda Coleman-Singleton, 45
Tywanza Sanders, 26
Ethel Lance, 70
Rev Depayne Middleton-Doctor, 49
Susie Jackson, 87
Rev Daniel Simmons Sr, 74
Myra Thompson, 59

The victims of the Charleston shooting

Friday, June 19, 2015

Charleston relatives 'forgive' shooting suspect in court

by Biodun Iginla and Alyssa Mann, BBC News, Charleston, SC

3 minutes ago

Relatives of some of the nine churchgoers shot dead in South Carolina have addressed the suspected gunman in court and said they forgive him.

Dylann Roof, 21, appeared in court in Charleston to face nine murder charges.
He showed no emotion as relatives of the victims addressed him directly. "I forgive you" said one victim's daughter, fighting back tears.
Police are treating the killings at the African-American church on Wednesday night as a hate crime.
A woman who identified herself as the daughter of Ethel Lance said: "You took something very precious from me. I will never talk to her ever again. I will never be able to hold her again, but I forgive you. And have mercy on your soul."
Anthony Thompson, a relative of Myra Thompson, told him to repent and to turn to Jesus Christ.
"I forgive you and my family forgives you," he said.
The judge set Mr Roof's bond at $1m (£630,000) for the weapons possession charge but could not place a bond on the murder charges due to a legal technicality.
Mr Roof will now remain in jail, at least until a high court sets the bond for the murder charges.

Thursday, June 18, 2015

Charleston church shooting: Prayers held across US

by Alyssa Mann and Biodun Iginla, BBC News, Charleston, South Carolina

1 hour ago

Prayers have been held across the United States after the killing of nine people at a historic African-American church in Charleston, South Carolina.

The suspect, Dylann Roof, 21, was detained during a traffic stop in Shelby, North Carolina.
After a court appearance on Thursday, Mr Roof waived his right to extradition and was flown back to South Carolina.
Six women and three men, including the pastor, died in the attack. A hate crimes investigation has been launched.
Several churches in Charleston were full to overflowing on Thursday evening as prayer services were held. Some services were held outdoors.

Outside the Emanuel AME Church, where the attack took place, hundreds gathered in soaring heat to pay tribute.
"We really have to fight together to go on and to live a civilised life where race doesn't matter," said one woman, Martha Watson.
At a vigil for victim Sharonda Singleton, her teenage children told the BBC they had forgiven the killer and wanted to focus on moving on in a positive way.
Services were held in several other cities, including Miami, Detroit and Philadelphia.
In New York, services and protests took place, with placards including such messages as "Black Lives Matter" and "Stop killing black people".

Richard Price, executive assistant at the Harlem Church of Christ, said: "That someone would come and infiltrate that sacred space, one of the only spaces we ever really have, and to violate that space, and then to shoot the place up...
"This is a deep, deep-seated hurt that may never ever heal."
A prayer vigil was also held outside the US Capitol. Senate chaplain Barry Black said: "Our hearts ache because, in the future, people will feel fear in the house of God when they should feel peace and serenity."
US President Barack Obama said he and his wife had known several members of the Emanuel AME Church, including pastor, Clementa Pinckney.
Mr Obama called the church a "sacred place" in the history of Charleston and spoke of his confidence that the congregation and the community would "rise again".

He also raised the issue of gun ownership, saying: "At some point, we as a country have to reckon with the fact that this type of massacre does not happen in other advanced countries".
Presidential candidate Hillary Rodham Clinton said the US had to face "hard truths" on guns.
"How many innocent people in our country, from little children to church members to movie theatre attendees, how many people do we need to see cut down before we act?"

At the scene: BBC's Rajini Vaidyanathan
People are hurting in Charleston. But for the hundreds who packed into the gymnasium at the Goose Creek High School, it was also a reminder of the importance of love.
Sharonda Singleton coached the girls athletics team here. As her photo rested on an easel on the polished floors in the vast sports hall, her friends and family paid tribute.
Speaking for the first time since the deadly attack on the AME church where she worshipped, Sharonda's two children, Chris and Camryn, told me they forgive the man who killed her.
"We already forgive him and there's nothing but love from our side of the family," Chris told me.
Many will find this incomprehensible. Charleston is often called the Holy City for the number of churches it is home to, and the role religion plays here. For some, like Chris and Camryn, unwavering faith is the only way to turn such a devastating loss into something positive.

The police chief in Shelby said Dylann Roof was arrested after a tip-off from a local florist, Debbie Dills.
"At first I thought, nah, it couldn't be," Mrs Dills said. "I didn't want to overreact."

Mrs Dills trailed the suspect's Hyundai car while talking on the phone to police, who then pulled the car over near a supermarket.

Dalton Tyler, who said he was a friend of Mr Roof, told ABC News the suspect had spoken in support of racial segregation and had "said he wanted to start a civil war".
Mr Roof had attended a Bible study group for nearly an hour at the church before becoming aggressive and violent, Charleston's county coroner said.
Eight people died at the scene and one person died later in hospital. There were three survivors.
Along with Rev Pinckney, a 41-year-old father of two, the other victims have been named as Cynthia Hurd, 54; Tywanza Sanders, 26; Ms Singleton, 45; Myra Thompson, 59; Ethel Lance, 70; Susie Jackson, 87; the Rev Daniel Simmons Sr, 74; and DePayne Doctor.

Cynthia Taylor, a niece of Ms Jackson, said she had spoken to a survivor, Felecia Sanders, who said she had played dead as she lay on top of her granddaughter to protect her.
Police and officials were quick to call the attack a hate crime.
The Emanuel church is the oldest African Methodist Episcopal (AME) church in the US south. Civil rights leader Martin Luther King gave a speech there in April 1962.
Tensions have been heightened since the shooting two months ago of Walter Scott, an unarmed black man by a white police officer in North Charleston, which prompted angry protests.
The officer has since been charged with murder.
Rev Pinckney - who was also a Democratic state senator in South Carolina - had recently sponsored a bill to make body cameras mandatory for all the state's police officers.

Biodun Iginla, BBC News