Southwest
Arizona mom arrested for questioning local government in front of 10-year-old daughter fights back
An Arizona mother hauled out of a city council meeting in handcuffs in front of her 10-year-old daughter last month is suing the city of Surprise and its mayor for violating her First Amendment rights.
Rebekah Massie, 32, is an active participant in government meetings and had previously spoken out about zoning changes. On Aug. 20, she had complaints about the city attorney’s salary.
Surprise Mayor Skip Hall cut her off minutes into her time on the podium, accusing her of “attacking the city attorney personally,” and told her that specifically criticizing any municipal employee or member of the council — regardless of whether it was by name — violated its policy, referring her to a note to that effect on the back of the council’s agenda.
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“I could get up here and I could swear at you for three straight minutes, and it is protected speech by the Supreme Court,” Massie shot back, as seen in video of the incident.
“Do you want to be escorted out of here? You’ve got to stop talking,” Hall told her.
Massie reiterated that the policy is unconstitutional, and in response, Hall called Surprise Police Officer Steven Shernicoff to escort her from the building. When Massie argued, telling the officer not to touch her, he placed her in handcuffs and removed her from the room.
Massie’s attorney, Conor Fitzpatrick with the Foundation of Individual Rights and Expression (FIRE), said the woman was detained for at least two hours, given a “pretty invasive pat down” and fingerprinted — an ordeal that violated her Fourth Amendment rights, according to the lawsuit.
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Her daughter did not come with her to police headquarters, Fitzpatrick said, and she was not told of her daughter’s whereabouts throughout the ordeal.
She was also charged with trespassing. The status of that charge is unclear.
“Public officials are elected to serve the public, not silence them,” Fitzpatrick told Fox News Digital. “They might disagree with what the public has to say, there’s nothing in the law that says that they have to do whatever the public asks of them, but they do have to listen.”
FIRE, initially founded to file lawsuits against colleges and universities that stifled their students’ First Amendment rights, has also branched out to represent “mayors and chairs abusing their powers to silence and punish people who go to public meetings and say things they don’t like,” Fitzpatrick said, adding that these instances are “more common than they should be.”
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In Michigan, the coalition took down Eastpointe’s former mayor Monique Owens after she repeatedly shouted down constituents who criticized her during public comment periods. Ultimately, the Detroit suburb agreed to stop enforcing their unconstitutional limitations on citizens’ free speech, passed a resolution apologizing to the plaintiffs in a lawsuit, paid each plaintiff over $17,000 and established Sept. 6 as the community’s “First Amendment Day,” according to FIRE and the Detroit Free Press.
But when speaking about Massie’s case, Fitzpatrick said FIRE has seen “nothing to this degree.”
The lawsuit names another Surprise resident, Quintus Schulzke, who regularly speaks out at council meetings.
“The rule here affects people beyond Rebekah — people like Quintus who usually participate, they saw what happened to Rebekah. They see this rule that is being enforced to cast a pall… It leads people to self-censor, to say, ‘I’m not going to a city counsel meeting, I could leave in handcuffs,’” Fitzpatrick told Fox News Digital.
“We’re showing the entire community of Surprise that the First Amendment needs to prevail at city council,” he continued. “A government cannot have a rule that says ‘in order to be heard, you must come to us with praise.’ That is not what the First Amendment is.
“Every American should know that they should feel free to go to their city council meetings and school board meetings and become involved,” Fitzpatrick said. “What happened to Rebekah isn’t OK, but the law is there to have her back. Every American that wants to get involved and participate in their government meetings, the First Amendment, will have their back, too.”
Hall did not respond to requests for comment on the impending lawsuit. Shernicoff could not immediately be reached for comment.
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Southwest
Texas lawmaker proposes bill to abolish death penalty in Lone Star State: 'I think sentiment is changing'
A Texas state lawmaker has introduced legislation to eliminate the death penalty in the state amid a high-profile death row case currently unfolding.
Democrat state Rep. John Bucy III filed the bill for the upcoming legislative session.
“I think I’ve been opposed to the death penalty my whole life as I’ve thought about its use, and should it exist in our society,” Bucy said, according to Fox 7.
“Financially, if you just want to look at it economically, we spend more money to execute than to keep someone in prison, so it’s really a lose-lose situation with a high risk stake if we get it wrong,” he continued.
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This comes after the Texas Supreme Court cleared the way last week for the state to schedule a new execution date for inmate Robert Roberson, whose initial execution was delayed last month.
Roberson is currently on death row over his conviction in which prosecutors say he killed his two-year-old daughter, Nikki Curtis, by shaking her to death, known as shaken baby syndrome. But his lawyers say Nikki actually died from other health issues such as pneumonia and that new evidence proves his innocence. His lawyers also said doctors had failed to rule out these other medical explanations for the child’s symptoms.
Roberson was scheduled to be put to death on Oct. 17 before the state Supreme Court issued a stay to delay his execution shortly before it was set to take place.
If he is put to death, he would be the first person in the U.S. to be executed in a case based on shaken baby syndrome.
More than 80 Texas state lawmakers, as well as the detective who helped the prosecution, medical experts, parental rights groups, human rights groups, bestselling novelist John Grisham and other advocates have called for the state to grant Roberson clemency over the belief that he is innocent. A group of state lawmakers have also visited Roberson in prison to encourage him.
“I feel like I’ve gotten more engaged with this Robert Roberson case and wanted to make sure that we’re continuing this conversation about the lack of humanity tied to the death penalty,” Bucy said.
Texas has executed nearly 600 people since 1982, according to Texas Coalition to Abolish The Death Penalty executive director Kristin Houle Cuellar.
“Which is far more than any other state in the nation,” Houle Cuellar told Fox 7. “We have quite a reputation when it comes to the use of the death penalty in Texas.”
Houle Cuellar said that there have been fewer death sentences in the state in the last decade, which she partially attributes to the introduction in 2005 of life without parole.
“Prosecutors have used that discretion in opting not to seek the death penalty,” Houle Cuellar said. “Even in about 30 percent of the cases that they’ve taken to trial where they’ve sought the death penalty, jurors have rejected it.”
Houle Cuellar said that Harris, Dallas, Tarrant and Bexar counties lead the state in death sentences and more than half of all Texas counties have never issued a death sentence.
Since 2007, multiple Texas lawmakers have unsuccessfully sought to abolish the death penalty. But Bucy says there is now enough momentum regarding the issue to reintroduce legislation to eliminate the practice.
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“While it’s an uphill battle to end the death penalty in Texas, we’ve seen the number of executions go down,” he said. “I think sentiment is changing, and I also think as we see these specific cases come to life, and we start learning the specific stories, people are going to get more and more concerned about the possibility of getting it wrong.”
State Sen. Sarah Eckhardt and state Rep. Joe Moody, both Democrats, have filed similar bills to abolish the death penalty, which will need to be voted on by fellow lawmakers when the legislative session begins early next year.
In another Texas death row case, a judge found last month that Melissa Lucio was innocent in the 2007 death of her two-year-old daughter, Mariah. Senior State District Judge Arturo Nelson recommended that Lucio’s conviction and death sentence be overturned. The judge also found that prosecutors suppressed evidence and testimony, including statements from Lucio’s other children, that could support the claim that she was not abusive and that Mariah’s death was accidental from falling down the stairs.
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Los Angeles, Ca
Fort Irwin soldier allegedly murdered comrade
A soldier from Fontana has been charged with murder in the death of another soldier at Fort Irwin in San Bernardino County.
Spc. George Cornejo, 26, is accused of killing Spc. Andrew P. Smith on Oct. 28, military officials said in a press release.
Smith, 27, was found injured in his residence that day and later succumbed to his wounds, officials said when announcing his death. The Rye, New York, native had been stationed at Fort Irwin for more than two years.
The manner and possible motivation for the alleged murder were not released.
Cornejo has been in pre-trial custody since Oct. 29, and he’s expected to be transferred to the Naval Consolidated Brig in Miramar.
A preliminary hearing will be held to determine if Cornejo will be tried by court-martial.
Southwest
Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'
A Texas man was convicted of killing three people, dismembering them and burning their bodies after admitting to investigators that he was called to “commit sacrifices.”
Jason Thornburg was found guilty of capital murder on Wednesday and now, the same Tarrant County jury that convicted him must determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole, according to Fox 4.
In September 2021, Thornburg killed three people, dismembered their bodies and stored them under his bed at a motel in Euless, Texas, before lighting the bodies on fire inside a dumpster in Fort Worth.
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Thornburg confessed to investigators that he felt a compulsion to commit “ritualistic sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies.
His attorneys argued he was insane when he carried out the murders and suffered from a severe mental disease.
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When he was arrested on murder allegations, Thornburg confessed to police he killed his roommate in May 2021 during a suspicious home explosion and his girlfriend in Arizona back in 2017.
These two previous murders were brought up in court on Thursday when the punishment aspect of the trial began.
The victims’ families cannot speak publicly until the punishment phase is finished.
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