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Reincarnated by A.I., Arizona Man Forgives His Killer at Sentencing

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Reincarnated by A.I., Arizona Man Forgives His Killer at Sentencing

The letters came streaming in: from battalion brothers who had served alongside Christopher Pelkey in Iraq and Afghanistan, fellow missionaries and even a prom date.

A niece and nephew addressed the court.

Still, the voice that mattered most to Mr. Pelkey’s older sister, Stacey Wales, would most likely never be heard when it was time for an Arizona judge to sentence the man who killed her brother during a 2021 road rage episode — the victim’s.

Ms. Wales, 47, had a thought. What if her brother, who was 37 and had done three combat tours of duty in the U.S. Army, could speak for himself at the sentencing? And what would he tell Gabriel Horcasitas, 54, the man convicted of manslaughter in his case?

The answer came on May 1, when Ms. Wales clicked the play button on a laptop in a courtroom in Maricopa County, Ariz.

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A likeness of her brother appeared on an 80-inch television screen, the same one that had previously displayed autopsy photos of Mr. Pelkey and security camera footage of his being fatally shot at an intersection in Chandler, Ariz. It was created with artificial intelligence.

“It is a shame we encountered each other that day in those circumstances,” the avatar of Mr. Pelkey said. “In another life, we probably could have been friends. I believe in forgiveness and in God, who forgives. I always have and I still do.”

While the use of A.I. has spread through society, from the written word to memes and deepfakes, its use during the sentencing of Mr. Horcacitas, who got the maximum 10 and a half years in prison, appeared to be uncharted.

It reverberated far beyond the courtroom, drawing headlines, questions and debate. Critics argued that the introduction of A.I. in legal proceedings could open the door to manipulation and deception, compounding the already emotional process of giving victim impact statements.

One thing was certain: The nearly four-minute video made a favorable impression on the judge, Todd Lang, of the Maricopa County Superior Court, who complimented its inclusion moments before sentencing Mr. Horcasitas.

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“I loved that A.I.,” Judge Lang said, describing the video’s message as genuine. “Thank you for that. And as angry as you are, and justifiably angry as the family is, I heard the forgiveness. And I know Mr. Horcasitas appreciated it, but so did I.”

Much in the same way that social media apps have been placing labels on A.I.-generated content, the video opened with a disclaimer.

“Hello, just to be clear, for everyone seeing this, I am a version of Chris Pelkey recreated through A.I. that uses my picture and my voice profile,” it said. “I was able to be digitally regenerated to share with you today.”

While many states provide an opportunity for victims and their families to address the court during sentencings, some are more restrictive in the use of video presentations and photographs, according to legal experts.

But victims have broader latitude in Arizona. Ms. Wales said in an interview on Wednesday that she had discovered that fact as she bounced the idea of using A.I. off a victims’ rights lawyer who represented Mr. Pelkey’s family.

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“She says, ‘I don’t think that’s ever been done before,’” Ms. Wales said.

Ms. Wales had been preparing her victim’s impact statement for two years, she said, but it was missing a critical element.

“I kept hearing what Chris would say,” she said.

Ms. Wales said that she then enlisted the help of her husband and their longtime business partner, who had used A.I. to help corporate clients with presentations, including one featuring a likeness of a company’s chief executive who had died years ago.

They took Mr. Pelkey’s voice from a YouTube video that they had found of him speaking after completing treatment for PTSD at a facility for veterans, she said. For his face and torso, they used a poster of Mr. Pelkey from a funeral service, digitally trimming his thick beard, removing his glasses and editing out a logo from his cap, she said.

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Ms. Wales said that she had written the script that was read by the A.I. likeness of her brother.

“I know that A.I. can be used nefariously, and it’s uncomfortable for some,” Ms. Wales said. “But this was just another tool to use to tell Chris’s story.”

Vanessa Ceja-Cervantes, a spokeswoman for the Maricopa County attorney, said in an email that the office was not aware of A.I. being used before to give a victim’s impact statement.

Jason D. Lamm, a defense lawyer for Mr. Horcasitas, said in an interview that it would have been difficult to block the video from being shown.

“Victims generally have extremely broad latitude to make their voices heard at sentencing, and the rules of evidence don’t apply at sentencing,” Mr. Lamm said. “However this may be a situation where they just took it too far, and an appellate court may well determine that the court’s reliance on the A.I. video could constitute reversible error and require a resentencing.”

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Ms. Wales emphasized that the video of her brother’s likeness was used during only the sentencing phase of the case, not in either of Mr. Horcasitas’s two trials. Both ended with convictions. He was granted a second trial because prosecutors did not disclose certain evidence during the first, according to court records.

On Nov. 13, 2021, Mr. Pelkey was stopped at a red light in Chandler when Mr. Horcasitas pulled up behind him and honked at him, prompting Mr. Pelkey to exit his vehicle and approach Mr. Horcasitas’s Volkswagen and gesture with his arms as if to say “what the heck,” according to a probable cause statement. Mr. Horcasitas then fired a gun at him, hitting Mr. Pelkey at least once in the chest.

Cynthia Godsoe, a professor at Brooklyn Law School and a former public defender who helps write best practices for lawyers for the American Bar Association, said in an interview on Thursday that she was troubled by the allowance of A.I. at the sentencing.

“It’s clearly going to inflame emotions more than pictures,” Ms. Godsoe said. “I think courts have to be really careful. Things can be altered. We know that. It’s such a slippery slope.”

In the U.S. federal courts, a rule-making committee is currently considering evidentiary standards for A.I. materials when parties in cases agree that it is artificially generated, said Maura R. Grossman, a lawyer from Buffalo who is on the American Bar Association’s A.I. task force.

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Ms. Grossman, a professor at the School of Computer Science at the University of Waterloo, who also teaches at the Osgoode Hall Law School, both in Canada, did not object to the use of A.I. in the Arizona sentencing.

“There’s no jury that can be unduly influenced,” Professor Grossman said. “I didn’t find it ethically or legally troubling.”

Then there was the curious case of the plaintiff in a recent New York State legal appeal who made headlines when he tried to use an A.I. avatar to make his argument.

“The appellate court shut him down,” Ms. Grossman said.

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

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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.  All times on the map are Central time. 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.

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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.

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

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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

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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.

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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.

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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.”

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. 

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AP


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.

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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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