Court Digest

New York
Writer wants Trump’s ­deposition in rape lawsuit made ­public

NEW YORK (AP) — Lawyers for a longtime advice columnist who says Donald Trump raped her a quarter century ago in a department store dressing room told a judge Thursday that the former president’s fall deposition should be made public.

The lawyers for writer E. Jean Carroll filed papers in Manhattan federal court to support her most recent lawsuit against the former president and oppose the effort by Trump’s lawyers to toss it out.

Carroll, a former Elle magazine columnist, first sued Trump for defamation after he mocked claims she made in a 2019 book that Trump raped her in an upscale Manhattan store’s dressing room in late 1995 or early 1996 after a lighthearted chance encounter turned violent.

Trump has denied knowing Carroll and has repeatedly denied the encounter took place, calling her allegations “a complete con job.” He also said “she’s not my type.”

Among the papers her lawyers filed was a letter urging Judge Lewis A. Kaplan to order the unsealing of Trump’s October deposition. Kaplan ordered it unsealed earlier this week, but rescinded the order after Trump’s lawyers complained that they had not been given adequate opportunity to oppose the unsealing.

Lawyers for Carroll said redacted excerpts from Trump’s deposition were included in written arguments they submitted late Thursday as they urged Kaplan to reject Trump’s attempt to toss out the rape claim.

“No other witness has requested that their depositions remain sealed,” the lawyers wrote.

They noted that Carroll did not request the sealing of her deposition, excerpts of which Trump’s lawyers cited in their arguments asking that the lawsuit be dismissed.

The civil rape claim by Carroll was made in November after New York state passed the temporary Adult Survivor’s Act, a law allowing adult victims of sexual abuse to sue their abusers, even if attacks occurred decades ago.

Trump’s lawyers have opposed the lawsuit on multiple grounds, including by challenging validity of the state law.

They argued in an earlier filing that the law violates the New York State Constitution, was an invasion of due process and a “clear abuse of legislative power.”

 

Washington
Sheriff’s deputy won’t be charged in death of police officer

VANCOUVER, Wash. (AP) — A sheriff’s deputy in Washington state who mistakenly shot and killed an off-duty police officer will not face criminal charges.

The Clark County Prosecuting Attorney’s Office announced its decision not to charge Clark County Sheriff’s Deputy Jonathan Feller Thursday in a letter to the sheriff, The Columbian reported.

The decision was made after a panel of prosecutors from around the state tasked with reviewing the shooting of Vancouver Police Officer Donald Sahota was unable to reach consensus on the “reasonableness” of Feller’s use of force.

Clark County Prosecutor Tony Golik said last week his office would review the 11-page advisory opinion — in addition to an independent investigation — and render its own decision.

“The result of Deputy Feller’s use of deadly force in this case was incredibly tragic. However, the facts support a finding that Deputy Feller made a mistake that a reasonable officer could have made in the same situation,” Golik’s letter to the sheriff said.

The Clark County Sheriff’s Office confirmed it received the letter Thursday.

“We have and will continue to provide support to Deputy Feller,” the sheriff’s office said in a written statement.

Feller was placed on leave after the shooting and returned to administrative duty in July.

The shooting happened on Jan. 29, 2022, as police tried to catch a man, later identified as Julio Segura, 21, of Yakima, who was wanted for allegedly robbing a gas station at gunpoint in Vancouver, near Portland, Oregon. Segura, in a stolen Mercedes, fled the gas station with several hundred dollars, authorities said.

Officers stopped his vehicle with spike strips, but he ran and ended up about 10 miles (16 kilometers) from the gas station at Sahota’s home in the city of Battle Ground, Washington.

Segura pounded on the door and said he’d been in a car crash and needed help, court documents said.

Sahota’s wife called 911 and said the man matched the description of a robbery suspect, authorities said. She told dispatchers that her husband, an armed, off-duty police officer, was headed outside to confront the man and detain him for law enforcement.

The two men fought in the driveway and Sahota was stabbed several times. Segura then forced his way into Sahota’s house, according to court documents.

Sahota, armed with his gun, chased the suspect just as Feller arrived and shot Sahota with a rifle. The investigation found Feller fired four shots within four seconds of arriving at Sahota’s home. An autopsy showed the gunshots killed Sahota.

Segura has pleaded not guilty to murder, attempted murder and other charges and his trial is set for later this year.

 

Vermont
Actor Ezra Miller gets fine, ­probation after home break-in

Actor Ezra Miller pleaded guilty Friday to a charge stemming from a break-in and theft of alcohol at a neighbor’s home in Vermont, one of a string of arrests and reports of erratic behavior last year that stretched from Hawaii to New England.

Miller, who appeared in several “Justice League” movies and stars in the upcoming film “The Flash,” agreed that by entering the plea and abiding by the conditions, they would avoid a three-month jail sentence for a misdemeanor charge of unlawful trespass, a $500 fine and a court fee, a year of probation, and conditions including continued mental health treatment.

Two other charges were dropped, including a felony burglary count that could have carried a sentence of 25 years in prison, but Vermont Superior Court Judge Kerry Ann McDonald-Cady told Miller the felony charge could be refiled if they fail to abide by the details of probation.

During the nearly 30-minute hearing in Bennington, Miller, 30, answered the judge’s questions but declined to make a statement. However, after the hearing, Miller’s attorney, Lisa Shelkrot, sent a statement on the actor’s behalf.

“Ezra would like to thank the court and the community for their trust and patience throughout this process, and would once again like to acknowledge the love and support they have received from their family and friends, who continue to be a vital presence in their ongoing mental health,” the statement said.

Miller pleaded not guilty in October to stealing liquor from a neighbor’s home in Vermont. State police responded to a burglary complaint in Stamford on May 1 and found that several bottles of alcohol had been taken while the homeowner was away.

The homeowner said he had been friends with Miller for about 18 years and bought the home a year and half ago in Stamford, where Miller also had a home, according to the police affidavit. Miller was charged after police consulted surveillance footage and interviewed witnesses.

Miller was arrested twice last year in Hawaii, including for disorderly conduct and harassment at a karaoke bar.

 

Louisiana
Woman raped in unmonitored drug sting sues police handlers

A police informant raped twice during an undercover drug buy in Louisiana has filed a lawsuit alleging her law enforcement handlers failed to monitor her in real time and allowed the attack to “play out” despite concerns over how long she was inside a known stash house.

The suit filed this week in Alexandria alleges Rapides Parish sheriff’s deputies “coerced” the woman into working as a confidential informant after her arrest on felony drug charges and failed to keep their promise to protect her if a purchase went bad.

The January 2021 incident was the subject of an Associated Press investigation that highlighted the perils police informants face seeking to “work off” criminal charges in often loosely regulated, secretive arrangements with law enforcement.

The woman’s attacker, Antonio D. Jones, was convicted of rape in November 2022 and later sentenced to 10 years in prison. Prosecutors recently asked a judge to reconsider that sentence, saying it “deprecates the seriousness” of the rape and Jones’ extensive criminal history.

The woman wore a hidden camera that recorded Jones forcing her to perform oral sex on him twice in an attack so brazen he paused at one point to conduct a separate drug deal.

Authorities said the device did not transmit the attack in real time, but experts told AP the technology to monitor undercover transactions has existed for generations and should have been used to protect the woman in this case.

The lawsuit alleges that deputies waiting nearby feared for the woman’s safety because she was in the home too long and that one, Deputy Cassie Jolene Saucier, considered going in before ultimately deciding to allow the undercover deal to “play out.”

Neither Saucier nor Rapides Parish Sheriff Mark Wood immediately responded to messages seeking comment. The lawsuit also names retired Lt. Mark Parker, the ranking official overseeing the operation, who told AP last year that the sheriff’s office didn’t start using equipment capable of monitoring in real time until after the woman’s rape and often sent informants into stings without any recording equipment at all.

“We’ve always done it this way,” Parker said. “She was an addict and we just used her as an informant like we’ve done a million times before. Looking back, it’s easy to say, ‘What if?’”

The lawsuit says the woman “has suffered extreme emotional pain and distress” from having to testify about the rape in open court. She, too, did not immediately respond to a request to speak to AP, which typically does not identify victims of sexual assault.

 

Montana
Man who brought juvenile son to Capitol riot charged

WASHINGTON (AP) — A Montana man who authorities say entered the U.S. Capitol with his juvenile son during the Jan. 6, 2021 riot was charged with misdemeanor crimes including disorderly conduct.

Patrick William O’Brien was arraigned Thursday by videoconference following his arrest last week in Great Falls, Montana, according to court records and the U.S. Department of Justice.

The 54-year-old man and his son drove for three days from Montana to Washington prior to the riot, according to prosecutors. Video footage from surveillance cameras showed the pair inside the Capitol for 28 minutes, where they walked through hallways and waved a flag, according to authorities.

O’Brien was charged in U.S. District Court in Washington with entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building, the Department of Justice said.

The criminal complaint was not immediately posted to the federal court website and it was unclear who represented O’Brien in court. A message left with the Federal Public Defender for the District of Columbia was not immediately returned.

O’Brien is among more than 950 people arrested in connection with the riot in which former President Donald Trump’s supporters stormed the Capitol while Congress was certifying President Joe Biden’s 2020 election victory.