News
Read the Ruling by the Virginia Court of Appeals
Safeguards in the Twenty-First Century, 2006 Wis. L. Rev. 479, 514 (2006); Gisli H. Gudjonsson, The
Science-Based Pathways to Understanding False Confessions and Wrongful Convictions, 12 Frontiers
Psychol. Feb. 2021. Further, Grimm presents a report from Dr. Richard Leo, Ph.D., J.D. Dr. Leo is a subject
matter expert in false confessions and reviewed both the content and context of Grimm’s confession.
DECISIONAL STANDARD
“A person seeking a writ of actual innocence faces a daunting task; the process begins not with a
presumption that a petitioner is innocent, but rather, that he or she is guilty.” Haas v. Commonwealth, 74
Va. App. 586, 624 (2022); see also Tyler v. Commonwealth, 73 Va. App. 445, 459 (2021) (recognizing that
this Court begins “with the presumption that [petitioner]’s conviction, the result of a full criminal trial that
has been affirmed on direct appeal, is correct”). “Because the petition is filed with us in the first instance, we
are not reviewing a judgment below in the traditional appellate sense, and consequently, there is no appellate
standard of review to apply.” Tyler, 73 Va. App. at 458. “Rather, actual innocence petitions ‘present[] one of
the rare situations in which the General Assembly has charged an appellate court with engaging in factual
222
evaluation.” Id. (alteration in original) (quoting Dennis v. Commonwealth, 297 Va. 104, 127 (2019)).
Therefore, “[s]itting ‘as a court of original jurisdiction[,]’ we have ‘the same authority to weigh and
evaluate documentary and physical evidence as a trial court would have.” Id. at 458-59 (second alteration in
999
original) (quoting Haas v. Commonwealth, 283 Va. 284, 292 (2019)). In exercising such jurisdiction, this
Court must consider “the record of any trial or appellate court action,” Code § 19.2-327.11(D), and “the
petition, the response by the Commonwealth, previous records of the case, the record of any hearing held
under this chapter, and, if applicable, any findings certified from the circuit court pursuant to an order issued
under this chapter[.]” Code § 19.2-327.13. The purpose of this review is “to allow us to perform the fact-
finding function the General Assembly assigned us in the statutory scheme-determining whether the
petitioner has produced sufficient new evidence to establish the statutory requirements to the requisite level of
proof to warrant overturning a presumptively valid conviction.” Tyler, 73 Va. App. at 459.
– 11 –
News
Map: 4.9-Magnitude Earthquake Shakes Louisiana
Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown. The New York Times
A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.
The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.
U.S.G.S. data earlier reported that the magnitude was 4.4.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.
News
Donald Trump has no ‘phase two’ plan for Iran war, says US senator
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News
Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets
The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.
It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.
“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”
Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.
U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania. During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported.
Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.
“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.
“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.
The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.
The Iranian government has denied plotting to kill Trump or other U.S. officials.
Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.
Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.
The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.
Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.
“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.
In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.
Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.
“No other option”
After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”
He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.
Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.
In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.
Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.
Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”
“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.
“No,” Merchant said. “Absolutely not.”
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