Northeast
Hunter Biden's defense team in historic criminal trial likely 'banking on' hung jury: expert
Hunter Biden’s defense team is likely “banking on” the jury deadlocking on a verdict in the first son’s historic criminal gun trial, a legal expert told Fox News Digital.
“That’s what Hunter Biden and his defense team are banking on in this case,” Heritage Foundation senior legal fellow Zack Smith told Fox News Digital when asked if the trial could result in a hung jury or even acquittal.
“Legally speaking, it didn’t really seem like Hunter Biden has a defense to these charges,” Smith continued. “Particularly, some of the jurors might have had family or friends struggling with substance abuse issues and have some sympathy for Hunter Biden and his substance abuse issues.”
Hunter Biden’s trial began last Monday in a federal court in Wilmington, Delaware, where he faces three felony firearm offenses regarding the 2018 purchase of a .38 revolver from a gun shop in the state. He has pleaded not guilty to the charges.
HUNTER BIDEN TRIAL ENTERS DAY 5 AFTER TESTIMONY FROM SISTER-IN-LAW-TURNED-GIRLFRIEND: ‘PANICKED’
Hunter Biden departs from federal court, Tuesday, June 4, 2024, in Wilmington, Delaware. (AP Photo/Matt Slocum)
Prosecutors are working to prove that Hunter Biden lied on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled “No” when asked if he is an unlawful user of a firearm or addicted to controlled substances.
It is the first time in U.S. history that a sitting president’s child is on trial.
Hunter Biden has a well-documented history of drug addiction, most notably detailed in his memoir “Beautiful Things,” which walks readers through his need for crack cocaine every 20 minutes at the height of his addiction, how he linked up with a female drug dealer he nicknamed “Bicycles” who sold him crack cocaine on the streets of Washington, D.C., and how he could serve as a “crack daddy” to dealers due to his spiraling addiction.
HUNTER BIDEN TRIAL ENTERS DAY 4 AFTER WILD TESTIMONY FROM EXES ON RAMPANT DRUG USE, TRASHED HOTEL ROOMS
The defense team does not deny Hunter Biden’s history with alcohol and drug addiction. Instead, they are working to build an argument that on the day Hunter Biden purchased the hand gun, Oct. 12, 2018, that he was not using crack cocaine and did not consider himself an active addict, citing his recent stint in a rehab.
An evidence photo presented by the prosecution shows the gun that Hunter Biden purchased. (U.S. Government Exhibit)
Prosecutors are working to prove that Hunter Biden was addicted to crack cocaine, before, after and during the purchase of the handgun.
Smith continued in his comments to Fox News Digital that it is likely the jurors could deadlock and not reach a unanimous verdict.
HUNTER BIDEN TRIAL ENTERS 3RD DAY WITH CROSS-EXAMINATION OF FBI AGENT
“It’s certainly a possibility that you could have a hung jury. It’s a very real possibility. You only need one juror as a holdout,” Smith explained.
“But even those who may have some sympathy for Hunter Biden and his struggle with substance abuse, I thought Hallie Biden’s testimony was problematic for him.”
Hunter Biden arrives at federal court with his wife, Melissa Cohen Biden, Wednesday, June 5, 2024, in Wilmington. (AP Photo/Matt Slocum)
Hallie Biden is the widow of Beau Biden, Hunter Biden’s brother who died in 2015 from brain cancer. Hallie Biden dated Hunter Biden following her husband’s death, and was called as a witness in the case by the prosection team.
Hallie Biden walked the jury through the rise and fall of their relationship, which focused on how Biden introduced her to crack cocaine before she ultimately became sober. Hunter Biden and Hallie Biden have since ended the relationship, with Hallie Biden joining court with her husband, John Hopkins Anning, whom she married just last weekend.
‘LIKE A SON’: FORMER TOP BIDEN ADVISER WITH DEEP BUSINESS TIES TO CHINA SPOTTED INSIDE HUNTER BIDEN GUN TRIAL
A court sketch depicts Hallie Biden testifying on the stand during Hunter Biden’s trial in Wilmington, Delaware, on Thursday, June 6, 2024. (William J. Hennessy Jr.)
“I found [crack] and googled it because I didn’t know what it was,” Hallie Biden told the court of the first time she saw the drug in her home. “[Hunter Biden] told me what it was, crack cocaine.”
Hallie Biden, who testified under immunity, said she smoked crack cocaine and even accompanied Hunter Biden on drug deals. Hallie Biden is also a key figure in the trial, as she found Hunter’s Colt gun in the console of his pickup truck 11 days after he purchased the firearm. She testified she tossed the gun in a public trashcan outside of an upscale grocery market in Wilmington because she feared Hunter Biden would hurt himself or others.
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Hunter Biden is facing three charges, false statement in purchase of a firearm; false statement related to information required to be kept by federal firearms licensed dealer; and possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
The total maximum prison time for the charges could be up to 25 years. Each count carries a maximum fine of $250,000, and three years of supervised release.
An evidence photo presented by the prosecution shows an image of Hunter Biden on April 11, 2018. (U.S. Government Exhibit)
Smith noted that even though a possibility of a hung jury is in the cards, prosecutors have presented a strong case against the first son.
“Based on the charges that have been brought and the evidence produced at trial, it certainly seems prosecutors have done their homework and done enough to convince the jury to convict Hunter Biden,” he said.
HUNTER BIDEN’S DRUG USE: WHAT THE PROSECUTION NEEDS TO PROVE AND WHAT WE ALREADY KNOW
In addition to playing excerpts of the audio book version of Hunter’s memoir – which was narrated by the first son – prosecutors have also presented evidence such as a brown pouch that contained the gun having trace amounts of cocaine on it, as well as questioning witnesses at the time of the gun purchase regarding Hunter’s drug use.
Prosecutors called on Hunter’s former girlfriend, Zoe Kestan, who met Hunter when she was 24 and he was 48 at a strip club in New York City. She testified that Hunter “would want to smoke the second he woke up,” discussed photos she took of his drug paraphernalia in trashed hotel rooms, and even how he attempted to get sober by purging his body of drugs with frog venom called “kambo.”
Zoe Kestan, former girlfriend of Hunter Biden, departs federal court after testifying in his trial on criminal gun charges in Wilmington, June 5, 2024. (Reuters/Kevin Lamarque)
Though Kestan knew Hunter Biden before and after his purchase of the Colt revolver in October 2018, the pair did not speak that month, rekindling their relationship in November 2018 before it officially ended.
The jury also heard from Hunter Biden’s ex-wife Kathleen Buhle, who was married to Hunter Biden for more than 20 years, and recounted to the jury that she was “definitely worried, scared” after first discovering a crack pipe on the side porch of their home in Washington, D.C., in 2015.
Buhle said following the discovery of a crack pipe at their home in 2015, they participated in couple’s therapy before the marriage ended.
HUNTER BIDEN TRIAL: 9 KEY FIGURES WHO MAY TESTIFY
The jury has also been presented with banking information showing thousands of dollars in cash withdrawals – a payment method often used for drug deals – and countless text messages of Hunter setting up drug deals, making references to drugs with language such as “party favor,” “baby powder” and “chore boy,” which is a type of scouring pad used as a filter for crack pipes.
The federal court before Hunter Biden arrives for his scheduled trial, Monday, June 3, 2024, in Wilmington. (AP Photo/Matt Rourke)
The texts concerning drug references were from the lead-up and after the gun purchase. Though, one day after the gun purchase, Hunter Biden texted Hallie Biden that he was “waiting for a dealer named Mookie.” A day after that text, he texted that he was “sleeping on a car smoking crack on 4th Street and Rodney” in Wilmington.
The defense team argues that Hallie Biden doesn’t know with certainty that Hunter Biden was conducting a drug deal on Oct. 13 or if he was smoking crack on a car on Oct. 14, and that he could have just been avoiding Hallie Biden.
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“One of the things Hunter Biden and his defense attorneys seem to be going for is that Hunter didn’t believe he was addicted,” Smith said, pointing to such texts as statements that “seem to undercut that argument.”
During jury selection last Monday, nearly all the more than 60 people called as potential jurors detailed to the court that they have family or friends who have struggled with addiction, which could lead to jurors feeling sympathetic for the president’s 54-year-old son. Delaware is also a small state where the Biden family’s roots run deep.
“The Bidens’ influence and their power in the state can’t be underestimated. But I think the sympathetic issue is the one that Hunter Biden’s legal team is focusing on,” Smith said.
Hunter Biden arrives with his wife, Melissa Cohen Biden at federal court, Tuesday, June 4, 2024, in Wilmington. (AP Photo/Matt Slocum)
The trial follows the unprecedented NY v. Trump trial, which found former President Trump guilty of 34 counts of falsifying business records in the first degree. Following the verdict, President Biden highlighted that “no one is above the law.”
HUNTER BIDEN’S CRIMINAL TRIAL ON FEDERAL GUN CHARGES BEGINS WITH JURY SELECTION
Hunter Biden is also facing a criminal tax trial in California, which will begin in September, after he was charged with three felonies and six misdemeanors regarding $1.4 million in owed taxes. The taxes have since been paid. Hunter Biden has pleaded not guilty in that case.
First lady Jill Biden arrives ahead of Hunter Biden’s trial at federal court, Monday, June 3, 2024, in Wilmington. (AP Photo/Matt Slocum)
“The only reason this case is going to trial in Delaware and the tax case is going to trial in California is because the federal judge in Delaware rejected the sweetheart plea deal… that’s the only reason this case is even going to trial at all. That’s the only reason we, as the American people, are finding out a lot of this information,” Smith continued.
“Most Americans would be right to question the different treatment in both of those cases.”
Hunter Biden could testify in his criminal trial on Monday, according to his defense team. Defense attorney Abbe Lowell was heard saying following Friday’s lunch break that he will take the weekend to decide if he will call Biden to testify, and that he will notify Special Counsel David Weiss’ office of the decision.
Details surrounding the decision will be made public some time after 8:15 a.m. on Monday, when presiding Judge Maryellen Noreika requested both legal parties report back to the J. Caleb Boggs Federal Building and United States Courthouse.
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Pittsburg, PA
South Side Street Fest adds more metal detectors and ID scanner to speed up lines
The South Side Street Fest added additional metal detectors and ID scanners, plus a dedicated line for locals, to help people get in faster after long lines were reported for the event’s first outing last weekend.
There were no lines at 11 p.m. on Friday, the event’s second night, but an organizer said Saturday, when they usually see larger crowds, will be a better test of the new measures. While attendees praised the event’s first night from a safety standpoint, with no arrests and an average number of citations issued, some criticized how long it took to get in on June 20.
“It’s a little overkill. I kind of had to wait 30 minutes,” Justin McCord said. “The line was just startling to me.”
John DeMauro, a business owner and member of the South Side Hospitality Partnership, which is working with the city to put on the event, said leaders have heard the feedback.
“We got more people than we thought there [would be],” DeMauro said. “There was a little bit of a wait to get into the entrances.”
They’ve since added four ID scanners and two more metal detectors, he said.
“We should be able to move those lines along fairly quickly this week,” DeMauro said.
The event is restricted to people 21 and up, but anyone under 21 who lives within the footprint can still get through. They’ll be escorted to their homes, a police commander told KDKA-TV, adding that few kids live inside the event’s footprint.
They also have a new solution for South Side residents to enter the footprint faster: a local lane pass. Acting just like a fast pass at an amusement park, those who have it can go through a dedicated entry line.
“Wanted that to be quicker, wanted that to be not as cumbersome,” he said.
Anyone who lives in the 15203 zip code, which covers the entire South Side, can register for the pass online, he said. At the 18th Street security checkpoint on Friday, residents had to show their ID with the 15203 zip code to go through the local lane.
Because the zip code is used, it means it’s not just for people who live inside the footprint. Anyone who lives on the South Side can enter using the pass, for instance, if they want to grab something from a corner store. Fifty people had registered as of 7 p.m. on Friday.
The line also helps to get delivery drivers through, Zone 3’s police commander said.
A bar owner within the footprint told KDKA-TV last week that during the fest’s debut, they saw a lot of people on the street but fewer in bars. But because it’s so early, they said they weren’t concerned.
“I think that’s the general consensus,” DeMauro said. “It was a really good start to it, but our intention is to make it grow. I think that’s the biggest thing we want people to understand.”
He added that the intention moving forward is to keep listening to feedback and making changes to improve the festival. He also encouraged people to come down to test the improved security measures themselves.
Connecticut
Newly released video shows Connecticut prison officers striking inmate before he died
HARTFORD, Conn. (AP) — Connecticut prison inmate J’Allen Jones was suffering a mental health crisis in 2018 when correctional officers struck him multiple times, stripped him naked, put a spit bag over his head and sprayed pepper spray at his face shortly before he died.
Video of the series of events was released Friday by a state judge in Hartford overseeing Jones’ family’s lawsuit against eight officers and a prison nurse, following a yearslong legal battle and after both sides agreed to certain redactions.
The Department of Correction had sought to keep it sealed since 2019, saying in part that its release could present security problems because it shows the physical layout of the prison and staffing patterns. But Jones’ family, the American Civil Liberties Union of Connecticut and local NAACP officials called for publicly releasing the video, saying transparency was needed in Jones’ death.
“The events in the video are as disturbing as the events in the video of George Floyd’s death,” Ron Murphy, a lawyer for Jones’ family, wrote in a court document, referring to the man killed by a Minneapolis police officer in 2020. “But in some ways, the video of J’Allen’s death is worse.”
Jones, 31, from Atlanta, was serving a 10-year sentence for robbery at Garner Correctional Institution in Newtown, about 25 miles (40 kilometers) west of New Haven when he died on March 25, 2018. Correction officers had been trying to take him to a medical unit in the prison at the time to get treatment for his mental illness.
Handcuffed inmate appeared in crisis as officers struck him
Portions of the 52-minute video show Jones handcuffed behind his back — and later with his legs shackled — as officers hit his legs and torso with their knees and fists, after he refused a strip search. At one point, an officer pins him down on a bed with a knee on his back while others hold him down.
Jones — who was having a schizophrenic episode, according to court documents — is heard yelling at this point, much of it unintelligible. He repeatedly shouts, “In the blood of Jesus Christ!” At one point, he tells officers, “I command you … to uncuff me now!”
Officers, meanwhile, tell Jones numerous times to stop resisting and to calm down. One officer tells Jones they’re just trying to help him.
About 17 minutes into the video, Jones appears to start having trouble breathing after the spit bag was placed over his head and he was pepper sprayed. Nearly five minutes later, Jones appears to be unconscious as officers struggle to hold him up and put him in a wheelchair. At around the 24-minute mark, an officer requests a nurse to evaluate Jones.
“Right now he’s just being dead weight, and I just want to make sure he’s OK,” the officer says, talking to the video camera held by another officer.
Minutes go by before life-saving measures are started
About 28 minutes into the video, a nurse starts performing CPR and an officer orders someone over the radio to call 911. An ambulance crew doesn’t arrive until more than 43 minutes into the video. Jones was pronounced dead at a local hospital.
Hours after Jones’ death, the Department of Correction put out a brief statement saying that Jones had become “non-compliant and combative with staff and then became non-responsive.” It did not say anything about officers striking Jones but noted that there were no immediate indications that excessive force was used. It said life-saving measures were performed and he was brought to a hospital.
The medical examiner’s office determined that the cause of Jones’ death was “sudden death during struggle and restraint with chest compression and pepper spray exposure in person with hypertensive and atherosclerotic cardiovascular disease.” It ruled his death a homicide, although that designation does not necessarily mean a crime was committed.
In January 2019, a state prosecutor investigating Jones’ death determined that no crimes were committed.
An internal Correction Department investigation found that excessive force was not used. But the eight officers and nurse violated policy by not recognizing for more than seven minutes that Jones was in medical distress — although not intentionally, the investigation report said.
Punishment of one-day suspensions without pay were handed down to the nine staff members, Correction Department records show.
The correctional officers’ union did not immediately return an email seeking comment.
Family lawyer hopes video release spurs calls for reforms
Allen was Black, and his lawyer says eight of the nine defendants are white. One is Black. In court papers seeking release of the video, Murphy said it’s important that the public sees the footage and can consider “whether his race or schizophrenia played any role in how his cries for help and gasps for air were perceived and handled.”
“I hope everyone who chooses to watch the video does so with an open heart, remembering that J’Allen Jones was a father and a son and that his family grieves every day,” Murphy said in a statement Friday afternoon, adding that he hoped the video leads to prison system improvements.
He added, “I found the video very difficult to watch as it depicts the painful death of another human being. So please take care of yourself while watching and if you experience overwhelming feelings, consider taking a break or reaching out to someone for support. Thank you.”
Responding to a series of questions from The Associated Press about the video and how officers dealt with Jones, the Correction Department’s interim commissioner Sharonda Carlos, said in a statement that the agency is continually focused on improving the services it offers to inmates experiencing mental health problems.
“Any loss of life in our facilities is a tragedy that we feel deeply, and our sympathy remains with Mr. Jones’ family and loved ones,” she said.
Carlos said she appointed a psychiatrist to lead the department’s inmate medical services in May, and the agency is rolling out major improvements to its mental health training for staff.
“Behind every individual in our care is a family hoping for their well-being, and we do not take that responsibility lightly,” she said.
Maine
Gov. Mills to decide on Maine school choice tax credit program
PORTLAND (WGME) — Maine Governor Janet Mills has not yet decided whether the state will opt into a new federal tax credit program that would help fund private school tuition, tutoring and other educational services.
The program, called the Educational Choice for Children Act, would start next year. In states that opt in, individuals can receive up to $1,700 in tax credits for donations they make to scholarship-granting organizations, also known as SGOs. Those SGOs would then award grants to students to cover private school tuition, tutoring and other educational services.
Families earning up to 300 percent of the area median income can qualify for the scholarships in states that opt in.
Under the current framework, donors contribute to SGOs and receive federal tax credits, and SGOs use the funds to award scholarships for qualifying educational expenses, including tuition, fees, tutoring, curriculum materials and educational therapy for K-12 students. SGOs can also use donated money to award scholarships for educational expenses, including everything from private school tuition to special needs services and educational therapy.
Each state’s governor must opt in by filing IRS Form 15714. Once opted in, the state designates SGOs to operate within its borders and distribute EFTC scholarships to eligible families.
Republican State Senator James Libby of Cumberland, a member of the Education and Cultural Affairs Committee, says he is interested in bringing the program to Maine.
“What it really does is it takes dollars that would normally go to pay for taxes and put them directly into education,” Libby said. “The program itself allows for expenditures for other things besides school choice, so the states can set it up the nonprofit to have goals for whatever they want. There’s a lot of good parts to this legislation and I truly hope Maine will get involved.”
Democratic Rep. Kelly Murphy, who chairs the state’s education committee, says she believes the program would hurt Maine students.
“The Education Freedom Tax Credit favors families that already have the ability to pay for private schools at the expense of families with students enrolled in public schools,” Murphy said. “A decline in public school enrollment would result in a loss of state funding for local SAUs, as the costs for running schools continue to increase, putting additional pressure on property taxpayers to make up the gap. This program and others like it would hurt the majority of Maine students, especially those in small, rural schools across our state.”
The U.S. Department of the Treasury is in the process of finalizing rulemaking for the program. Currently, 30 states have opted into the program, and four states have opted out. In New England, New Hampshire is the only state that has opted in so far.
It is unclear if there is a hard deadline for states to opt in, but Mills is facing pressure to sign off this year so the Department of the Treasury can approve scholarship organizations before scholarships become available in January.
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