Missouri
Prosecutor in Ralph Yarl case says legal precedent favors keeping court records open
LIBERTY, Mo. (AP) — A Missouri prosecutor is asking a judge to carefully consider the public’s right to information while determining whether to seal court records in the case of Andrew Lester, a white homeowner who is accused of shooting a Black teenager who mistakenly came to his home.
Lester’s attorney, Steven Salmon, filed a motion May 1 asking a judge to seal court records. He argued that local and national publicity surrounding the April 13 shooting of Ralph Yarl in Kansas City had created a bias against his client and would make it difficult to find an impartial jury.
In a motion filed Tuesday, Clay County Prosecuting Attorney Zachary Thompson did not specifically oppose the request but said legal precedent has established a “strong presumption” in favor of keeping court records open.
Lester, 84, has pleaded not guilty to first-degree assault and armed criminal action. He is accused of shooting Yarl twice after he mistakenly came to Lester’s home looking for his younger brothers.
Yarl, who is now 17, was shot in the head and an arm and is recovering at home after being hospitalized for three days.
“If records are to be closed, the public has a right to know why,” Thompson said. “In cases such as this, the Court must strike a balance between the public’s legitimate interest in access, and the equally legitimate interest in preserving the legal integrity of the case and ensuring a fair trial. If justice is to be served, it must be done in a manner consistent with both due process and public interest.”
Lester admitted that he shot Yarl without warning through his home’s front door then shot him again while the teenager was on the ground. He said was “scared to death” the person at the front door was there to rob him.
It is unclear when the judge might rule on closing the records. Lester, who is out on bond, is scheduled for a hearing on June 1.
Indiana
Court upholds life sentence for man convicted of killing, cannibalism
JEFFERSONVILLE, Ind. (AP) — The Indiana Supreme Court on Wednesday upheld the life sentence without parole for a man convicted of killing his ex-girlfriend and eating parts of her body.
Joseph Oberhansley was convicted in September 2020 of murder and burglary in the slaying of Tammy Jo Blanton in Jeffersonville in September 2014. Clark Circuit Judge Vicki Carmichael sentenced Oberhansley to life in prison without parole, based on a jury recommendation.
Oberhansley’s attorney, Victoria Casanova, argued before the court last month that her client’s mental health wasn’t taken into consideration and that the jury didn’t return a proper verdict form in weighing aggravating and mitigating circumstances.
The opinion written by Justice Christopher Goff said the jury made “the necessary weighing determination.” Three other justices concurred and Justice Geoffrey Slaughter agreed in part.
The body of Blanton, 46, was found at her home the morning of Sept. 11, 2014, badly mutilated with more than 25 sharp force injuries and multiple blunt force injuries, authorities have said.
Oberhansley testified that two men had been at the victim’s home when he arrived around 4 a.m. that day and said they were responsible for Blanton’s death. He said they knocked him out and that he awoke when police arrived.
Clark County Prosecutor Jeremy Mull expressed relief at the ruling.
“I hope that the family of the victim can rest a bit easier now that the result of the proceedings has been reviewed and upheld,” Mull said.
Oberhansley is incarcerated at the New Castle Psychiatric Unit of the Indiana Department of Correction.
New York
Limo service manager convicted of manslaughter in New York crash that killed 20
ALBANY, N.Y. (AP) — A limousine service manager was convicted of manslaughter Wednesday in a crash that killed 20 people in rural New York, one of the deadliest U.S. road wrecks in two decades.
Jurors reached their verdict during their second day of deliberations in the trial of Nauman Hussain, who ran Prestige Limousine. He faces the possibility of up to 15 years in prison when he is sentenced May 31.
The guilty verdict brought a torrent of emotions from relatives who waited years for someone to be held accountable. Shouts and cries could be heard as the verdict was read.
“It’s exhilarating,” Kevin Cushing, who lost his son Patrick Cushing in the crash, told WNYT-TV outside the courthouse. “We had relatively low expectations because this four-and-a-half years has been filled with disappointment.”
Packed with birthday revelers, the stretch-style SUV went off the road in 2018 after the vehicle’s brakes failed. The limo hit a parked car and trees before coming to rest in a streambed in Schoharie, a village west of Albany. Seventeen passengers, the driver and two bystanders were killed.
Prosecutors said Hussain intentionally failed to conduct required, routine state inspections on the 2001 Ford Excursion, and that the checks would have revealed brake defects and prevented the wreck.
Defense lawyer Lee Kindlon said his client was misled by a repair shop. The shop wasn’t criminally charged and denied it was at fault.
Hussain was taken into custody immediately after the verdict was read. Kindlon told reporters outside the courthouse he was “heartbroken” by the outcome.
“I’m a little disappointed the judge decided to lock him up today, but not surprised,” he said.
Wednesday’s verdict marked a turning point on an emotional rollercoaster for the victims’ families. After pandemic-related delays in the criminal case, the relatives were exasperated by the 2021 announcement of a plea deal that would have spared Hussain prison time.
In a surprising twist last fall, a judge rejected the deal, leading to the trial a few miles from the accident site.
During the trial, jurors heard from witnesses including a former manager of the repair shop, people who saw the wreck, and a state Department of Transportation inspector who flagged the SUV-style limousine for violations long before the crash. The defense called no witnesses.
“No one likes to see someone’s life destroyed, and I don’t want to feel that way,” Cushing said of Hussain. “I’m certainly glad he’s convicted and I believe he’s getting a punishment that he deserves, but I take no joy in that.”
Congressman Paul D. Tonko chimed in after Hussain was found guilty.
“Today’s verdict marks the beginnings of justice being served,” said Tonko, who comes from Amsterdam, New York, the hometown of many of the victims. “While nothing can replace these precious lives lost, I hope this decision brings a measure of peace to all their loved ones.”
