Friday, December 31, 2021

Judge resigns over racist home video capturing N-word use

Lafayette City Court Judge Michelle Odinet resigned Friday, weeks after a video surfaced that depicted her using racist remarks as she and her family watched security footage of an attempted burglary at their home.

“I take full responsibility for the hurtful words used to describe the individual who burglarized the vehicles at my home. I am sorry for the pain that I have caused my community and ask for your forgiveness, as my words did not foster the public’s confidence and integrity for the judiciary,” Odinet said in a letter submitted to the Louisiana Supreme Court filed by her attorney Dane Ciolino.

Ciolino told HuffPost Odinet “understands that this is the end of her public service, but only the beginning of what she must to do to earn the forgiveness of the community.”

Odinet confirmed the video, published by The Current on Dec. 13, was shot in her home. It depicts a television showing security footage of a burglary as several voices laugh and recap the incident while repeatedly using the N-word. Ciolino told The New York Times Odinet was one of the voices heard using a slur in the video.

After the video surfaced, Odinet asked for "forgiveness and understanding", claiming she had taken a sedative at the time of the video and had “zero recollection” of the incident. She requested an unpaid leave ob absence before being temporarily disqualified from the bench.

Ciolino told HuffPost Odinet, who has four adult children, is “humiliated, embarrassed and sorry for what she has done and the trouble that she has caused to her community.”

This article originally appeared on HuffPost and has been updated.

New laws in 2022 address chained pets, among other things

As of January, it will be illegal to chain up a dog in Texas. Any outdoor restraint must be lighter and more flexible, and dogs must have adequate shelter, shade and water. Fines can go as high as $500 for first offenses, and repeat offenders could get jail time.

“Too many dogs are seen like burglar alarms or some sort of security device instead of the living beings that they are, and they’re kept in chains,” said Rachel Wolf of VOICE for Animals, an animal rights group.

Gov. Greg Abbott, who first vetoed the law, signed a new version after he was hit by a blizzard of tweets with the hashtag #AbbottHatesDogs.

A new law in Nevada makes it illegal for insurance companies to deny coverage to homeowners or charge more based on their dogs’ breeds. Insurers say they need to be able to account for the potential liability brought on by potentially aggressive animals, but supporters said the law protects pet owners from “breed discrimination.”

by Pete Williams | NBC NEWS

California man allegedly planned to drive to White House, kill Joe Biden and Anthony Fauci

DES MOINES, Iowa — An armed California man was arrested recently in Iowa while allegedly on his way to the White House.

Police say the man, identified as 25-year-old Kuachua Brillion Xiong, had an assault rifle and ammunition in his possession, as well as a "hit list" that named President Joe Biden; Dr. Anthony Fauci, the president's chief medical advisor; Mark Zuckerberg, the CEO of Meta, formerly known as Facebook; and former presidents Bill Clinton and Barack Obama.

Xiong was pulled over on Dec. 21 after police observed him driving aggressively, according to a criminal complaint. Police suspected he could be planning criminal activity due to the man’s behavior. During the traffic stop he “began talking about his disapproval for government due to the sex abuse of children, some of which that has occurred by President Biden," he said.

Xiong was taken to the Cass County Sheriff’s Office for further questioning.

During an interview, Xiong allegedly told authorities he'd worked at a grocery store in Merced, California, until two months ago – and that his employment was a “cover until called upon by God to combat evil demons in the White House,” according to the criminal complaint.

Police say Xiong said he allegedly began gathering equipment to carry out the deed, including an assault rifle with magazines, ammunition, body armor, medical supplies, dark clothing, a grappling hook, food and cash, according to the complaint.

Xiong allegedly told to police that he left his home in Sacramento on Dec. 18 to drive straight to the White House to kill people in power, and added that he would not have stopped if he had not been pulled over by the authorities, the complaint details.

Police say he allegedly compiled his “hit list” of “evil” people to kill via videos on TikTok. Xiong allegedly stated he would kill Biden unless the president promised to comply with his demands, the complaint added.

“When concluding the interview, (Xiong) stated that nothing would stop him from carrying out his plan of gaining access to the White House and killing the persons on his ‘hit list.’

Xiong allegedly said that if released from custody, he would immediately resume traveling to the White House in Washington, D.C. and ‘do whatever it takes’ to complete his plan,” Secret Service Special Agent Justin Larson wrote in the complaint. “(The man) stated that he has no intention of returning to California to see his family because he plans on dying while fighting evil demons at the White House.”

The defendant's attorneys filed a notice Thursday that he intends to rely on an insanity defense at trial.

The QAnon conspiracy theory holds the false belief that high-level government figures, Democrats and celebrities are secretly engaged in child sex trafficking.

Xiong has been charged with one count of threats to a former president, according to the criminal complaint, although it's possible additional charges could be added by a grand jury in a later indictment. Iowa court records show the man also was cited for speeding.

Reporter William Morris contributed to this report.

Science Says You Should Drink This Much Coffee in 2022

I know those two thoughts don't necessarily go together, so let me explain. We start with the fact that I'm all for self-improvement, but I'm not the biggest fan of New Year's Resolution.

Tying progress to the start of the year seems like a lot of unnecessary pressure. Also, for a lot of people (myself included), the 10 days or so before January 1 (the last few days of pre-Christmas planning and shopping, through a 7 or 10 day vacation period) are likely to be some of the least-self-improving days of the year.

So, if you're going to tie a resolution to the calendar like this, I think it makes sense to give yourself a chance to score a fast, easy, meaningful win.

I'd advise something that you can accomplish quickly, track easily, and that will provide both immediate and long-term advantages.

All of which leads us to coffee, and drinking more of it.

Why? Because study after study seems to suggest it has significant long-term health benefits. Among a few of the highlights:

A 2018 study of 500,000 British adults over a full decade showed that coffee drinkers were 10 percent to 15 percent less likely to die from any cause than non-drinkers, possibly according to the study authors, because, "coffee contains more than 1,000 chemical compounds including antioxidants, which help protect cells from damage."

In 2017, researchers funded by the American Heart Association and the University of Colorado School of Medicine found that every additional cup of coffee people drink each day drops their risk of heart failure or stroke by 8 percent.

A smaller study from Stanford University suggested that people who drink caffeinated coffee (but not decaf, sorry) live longer, perhaps because the caffeine counteracts naturally occurring inflammation, which is in turn associated with 90 percent of all noncommunicable diseases of aging, according to the study's author.

Another big study, from the Harvard School of Public Health, which 200,000 doctors and nurses over 30 years, found a correlation between increased coffee consumption and lower risk of death from heart disease, stroke, diabetes, neurological disease, even suicide.

Finally, drinking "even more coffee" provides an incremental benefit over drinking "more coffee," up to a surprisingly high count, according to a 10-year study of almost 20,000 people over 10 years. ("Our findings suggest that drinking four cups of coffee each day can be part of a healthy diet in healthy people", said one of the study's authors.)

Truly we could go on and on, but let's be sure to add one of the newest studies, which also suggests a short-term benefit many coffee drinkers might be familiar with: better moods.

A study of 5,000 European adults suggested that drinking a cup of coffee (containing about 75 milligrams of caffeine) every four hours can result in feeling better moods during the day.

In our enthusiasm, we should add a caveat: Stop at five cups. Once you get past that, according to a study of nearly 350,000 coffee-drinkers from the University of South Australia, you might start to increase the risk of heart disease.

"Based on our data, six [cups] was the tipping point where caffeine started to negatively affect cardiovascular risk," Hyppnen said.

Now, back to the New Year and the calendar. Because as new habits go, resolving to drink a bit more coffee probably isn't a heavy lift for a lot of people.

It's easy to add to your routine, doesn't cost a lot -- and doesn't require making a major lifestyle change. Plus, for a lot of people, it's actually quite enjoyable.

So, here's to 2022. Maybe you'll raise a glass of whatever your other favorite beverage might be to toast the new year, tonight.

But in the morning? Drink a bit more coffee. And start the new year with a resolution you can actually keep.

By Bill Murphy Jr.

Trucker Rogel Aguilera-Mederos' sentence reduced from 110 to 10 years after public outcry

Colorado Governor Jared Polis has commuted the sentence of truck driver Rogel Aguilera-Mederos to 10 years with eligibility for parole in five. The 26-year-old was originally given a 110 year sentence for a 2019 crash that killed four people, but had his sentence reduced after public outcry over Colorado's mandatory sentencing laws.

Polis announced the news Thursday along with two other commutations, fifteen individual pardons, and an executive order granting 1,351 pardons for those convicted of possessing two ounces or less of marijuana. In Aguilera-Mederos' commutation letter, Polis said he granted the commutation because the sentencing was disproportionate for a "tragic but unintentional act."

"The length of your 110-year sentence is simply not commensurate with your actions, nor with penalties handed down to others for similar crimes," Polis said in the letter. "There is an urgency to remedy this unjust sentence and restore confidence in the uniformity and fairness of our criminal justice system, and consequently I have chosen to commute your sentence now."

Aguilera-Mederos said the crash occurred after his brakes malfunctioned while he was driving on Colorado's Interstate 70. But prosecutors argued that the trucker missed a runaway truck ramp that could have prevented the crash. Dozens were injured, and four — Miguel Angel Lamas Arellano, 24; Doyle Harrison, 61; Stanley Politano, 69; and William Bailey, 67 — were killed, leading to Aguilera-Mederos' 27 charges.

Local police said no alcohol or drugs were involved in the crash, according to CBS Denver.

During sentencing, Aguilera-Mederos said that he regretted the crash and that he wished he had died instead of the other victims.

"My life is not a happy life," Aguilera-Mederos told CBS Denver. "It is a very sad life because four people died."

Because of minimum sentencing laws in Colorado, Aguilera-Mederos was sentenced to 110 years in prison for the charges, which included vehicular homicide. But his sentencing received national attention, with over three million people signing a petition asking for him to receive clemency.

"We believe justice has finally come to light for Rogel," Aguilera-Mederos' lawyer James Colgan said on Thursday. "Unfortunately, you know, there's people, there's victims in this case and we feel for those people and their families. But as it relates to Rogel and the justice system that, that he's had to deal with, we feel grateful."

Polis said that he hoped Aguilera-Mederos' case would bring more attention to mandatory minimum and sentencing laws and encouraged the man to seek "restorative justice opportunities" for the families and the community he impacted. He also noted that a family member of Aguilera-Mederos works in the governor's office, but said he wasn't involved and had no knowledge of the trucker's commutation.

"You have wondered why your life was spared when other lives were taken," Polis wrote to Aguilera-Mederos on Thursday. "You will struggle with this burden of this event for the rest of your life, but never forget that because of this event, countless others will struggle with the loss of their loved ones or injuries as well. And you will serve your just sentence."

Kim Kardashian West, who had advocated for his sentence to be commuted, celebrated the news of Aguilera-Mederos' commutation on Twitter.

"This case was a clear example of why mandatory minimums don't work and need to be abolished. I'm grateful to Governor Polis for his empathy and leadership on this case," Kardashian West tweeted. "While his new sentence is ten years, he will now have an opportunity to come home in five years and be with his son and wife."

Michael Roppolo contributed reporting.

First published on December 30, 2021 / 6:13 PM

© 2021 CBS Interactive Inc. All Rights Reserved.

Tuesday, December 28, 2021

Gas prices up, Biden's responsible; gas prices down, total silence!

MIAMI, FL - The far-right conservative republicans in the United States are a very interesting characters because among other things, they can't hide their double-standard and, on top of that, they spice up the situation with a blatant ignorance of the topics they usually refer to.

Little by little, they've been showing their colors in the most olympic way. It's been a race of decades and they are persuaded to win it.

A few weeks ago, the gas prices went up in the United States, an economic situation that was covered in an ample way and foreseen months in advance because it was the natural economic result of the "wake up" situation after the pandemic. A total economic and private matter, with no responsibility whatsoever regarding the presidency. However, the far-right conservative republicans put in place, as always, a propaganda blaming president Biden for the increment of gas prices.

Funny enough, a few weeks later, as foreseen by the experts in the field, gas prices are going down as we speak.

Now, for some mysterious reason, the far-right conservative republicans are absolutely silenced on the matter and given their own analysis, it should be president Biden's responsibility as well, right? If so, why our friends from the fart-right don't speak up to, let's say, congratulate president Biden for the accomplishment of lower gas prices, at least with the same emphasis they used to condemn him because of the high gas prices.

Am I right or there is something really unfair with the far-right conservative republicans and their judgment?

Just sayin'!

Originally reported by Ricardo Martinez

Thursday, December 23, 2021

Kim Potter, ex-Minnesota officer, found guilty of manslaughter in death of Daunte Wright

A Minneapolis jury on Thursday convicted former police officer Kim Potter on all charges she faced for fatally shooting Black motorist Daunte Wright — with a gun and not her Taser — earlier this year. Potter showed no emotion as the Hennepin County panel found her guilty of first-degree manslaughter, meaning she improperly used “such force and violence that death of or great bodily harm to any person was reasonably foreseeable.” The former Brooklyn Center officer said she accidentally killed Wright, shooting him with her Glock when she meant to fire her Taser. Jurors also found the white former officer guilty of second-degree manslaughter charge, which only required a finding of “culpable negligence” that created “unreasonable risk, and consciously takes chances of causing death or great bodily harm to another.” Jurors found her guilty of the lesser charge on Tuesday at 10:30 a.m. CST, according to jury forms read in court. The panel reached its verdict on the more serious charge on Thursday at 11:40 a.m., jurors said on their verdict form. "We have a degree of accountability for Daunte’s death," Minnesota Attorney General Keith Ellison told reporters outside court. "Accountability is not justice ... justice is beyond the reach that we have in this life for Daunte. But accountability is an important step, a critical, necessary step on the road to justice for us all.” The victim's mother, Katie Bryant, thanked prosecutors and community supporters during this “long fight for accountability." “The moment that we heard 'guilty' on manslaughter 1, emotions — every single emotion that you could imagine — just running through your body at that moment," Bryant said of her reaction to the verdicts. "I kind of let out a yelp because it was built up in the anticipation of what was to come while we were waiting for the last few days." Potter faces a maximum of 15 years behind bars. The jury consisted of one Black person, two Asian American people and nine white people. Judge Regina Chu ordered Potter taken into custody with her bail revoked, over the objections of defense attorneys. Chu said Potter is looking at serious time behind bars "and I am going to require that she be taken into custody and held without bail.” “I cannot treat this case any differently than any other case,” Chu said. While the verdicts were read, and in the moments of courtroom argument immediately after, was not demonstrative other than a brief moment when she crossed herself. Potter was handcuffed and both of her attorneys put their hands on her shoulders before she was taken away. Her sentencing was set for Feb. 18. Ellison said he felt sympathy for Potter and her family, but added: "She will be able to correspond with them and sit with them no matter what happens. But the Wrights won't be able to talk to Daunte." Wright’s fatal shooting on April 11 happened about 10 miles from the courthouse where former Minneapolis Police Officer Derek Chauvin was on trial for the slaying of George Floyd. Days later, Chauvin, who is white, was convicted of second and third-degree murder, as well as second-degree manslaughter, in the May 25, 2020, killing of Floyd, a Black man, whose death touched off a summer of national protests calling for an end to institutional racism. Potter’s trial was held in the same courtroom where Chauvin’s trial was carried out. Potter's defense team left the courthouse without speaking to reporters on Thursday. But as they were arguing for continued freedom on bail, defense attorney Earl Gray repeated Potter's insistence at trial that Wright's death was an "accident." “She’s not going to run, she’s obviously, she’s not going to commit any more crimes," Gray told the judge. “She’s been convicted of an accident. She’s been convicted of being reckless.” A tearful Potter testified in her own defense last week and described a “chaotic” scene that required her to make a split-second decision. Wright was being arrested on an outstanding weapons charge when he tried getting back into his car. Potter testified that she feared for the safety of another officer, Sgt. Mychal Johnson, who was struggling with Wright from the passenger side. Potter holstered her Glock on her right, dominant side and her Taser on the left. The prosecution played video from Potter’s body camera for jurors, showing how the officer had the Glock in her hand for at least five seconds before firing the deadly round. The Glock used to kill Wright weighed 2.11 pounds, compared to the .94-pound Taser that emanates light and needed a safety switch to be pulled before use, prosecutors said.

Originally posted by David K. Li NBCNews

Wednesday, December 22, 2021

The Case of Rogel Aguilera-Mederos, racism or not?

Rogel Aguilera-Mederos is a semi-truck driver who was sentenced to 110 years in prison in Colorado  on December 13, 2021, after being convicted of 27 counts stemming from a fatal 2019 accident that killed four people along Interstate 70.
A petition drive urging Colorado’s governor to grant Aguilera-Mederos, then 23, a sentence commutation or clemency has been signed by more than 4.2 million people as of December 19, 2021. His full name is sometimes given as Rogel Lazaro Aguilera-Mederos.
In addition, the hashtag #NoTrucksToColorado is trending on TikTok, Twitter and Facebook, as many truckers say they will not travel through Colorado as a result of what they believe to be an extreme sentence. “Me and my brother have decided that we (Brown Eagle LLC) have joined the protest and are not getting any loads out of or to Colorado until Rogel gets justice cause 110 years is ridiculous. The company should be held accountable!” wrote one trucker on Twitter.
“We are aware of this issue, the Governor and his team review each clemency application individually,” the Colorado governor’s office told 9News.
Colorado judge A. Bruce Jones sentenced Aguilera-Mederos to 110 years in prison — effectively a life sentence — for the crash, which occurred when Aguilera-Mederos’s semi-truck rammed into stopped traffic on April 25, 2019.
According to the Associated Press, he told investigators at the time that “his brakes had failed on his truck that was hauling lumber and he noticed his truck was traveling 85 mph … before the crash.” Prosecutors said he could have used a runaway truck ramp but instead rammed into the stopped traffic, causing a 28-vehicle crash, the Associated Press reported.
In addition to the four who died, six people were wounded and “fire began to engulf the crash scene, triggering explosions and a fire so intense that it melted the roadway and metal off cars,” according to the Associated Press.
“I-70 crash suspect in custody. Rogel Lazaro Aguilera-Mederos (DOB: 11/21/95) arrested for suspicion of multiple counts of Vehicular Homicide,” wrote Lakewood police at the time.
In October 2021 a jury found Aguilera-Mederos guilty of 27 counts, including four counts of vehicular homicide and four counts of careless driving causing death, according to the Denver Post.
Jones said Colorado’s mandatory minimum sentencing laws forced the lengthy sentence, requiring him to issue consecutive sentences. “I will state that if I had the discretion, it would not be my sentence,” the judge said, according to the outlet.
“In all victim impact statements I read, I did not glean from them someone saying, ‘He should be in prison for the rest of his life, and he should never, ever get out,” Jones said, according to 9News. “Far from it. There was forgiveness reflected in those statements, but also a desire that he be punished and serve time in prison, and I share those sentiments.”
Domingo Garcia, the national president of LULAC, a Latino civil rights organization, told The Denver Channel that the sentence was not just and blamed the district attorney, Alexis King, for filing so many charges. As a result of the number of charges filed, the consecutive terms added up to a life sentence, Garcia said.
“This case is so egregious,” Garcia said to the television station. “It boggles the mind that here we are in 2021 and that somebody who was not intoxicated, not on drugs… It’s an accident, the brakes went out. But here’s the Latino driver, he gets charged, convicted and given 110 years of prison on his first offense.”
The DA has defended the prosecution.
King told The Denver Channel in part, “We initiated plea negotiations but Mr. Aguilera-Mederos declined to consider anything other than a traffic ticket. The facts and consequences of his decisions that day were extraordinary enough to support pursuing first-degree assault charges. Ethically, we do not – nor can we – pick and choose between victims in charging. The jury’s thoughtful verdict reflects the strength of the evidence presented and recognizes the harm caused to the victims. The sentence – which our office requested the minimum for – is within the purview of the court and reflects the judgment of the legislature. Just as the law mandates this outcome, it also provides future opportunity to revisit the sentence, and we will again pursue an appropriate outcome if that opportunity arises, after consulting with the victims and survivors and receiving their input.”
Former DA Peter Weir filed the charges, according to Westword.
According to Westword, the defense argued that his truck had multiple mechanical problems. When his brakes failed, Aguilera-Mederos testified that he considered but ruled out other options, worrying he would “wind up in the path of oncoming traffic on the other side of the highway” or cause an explosion if he crashed into a bridge. He swerved to slow down, the site reported.
The Denver Post reported that Aguilera-Mederos tried to flee the scene.
A petition to help Aguilera-Mederos has been signed by 4.2 million people.
“We all know of the crash that happened on I-70 in Denver, Colorado. Most of us have heard facts in the case. Rogel Lazaro Aguilera-Mederos, 23 has nothing on his driving record, or on his criminal history. He had complied with every single request by the Jefferson County courts, and investigators on the case,” the petition says.
“He’s passed all of the drug and alcohol tests that were given including a chemical test. This accident was not intentional, nor was it a criminal act on the drivers part. No one but the trucking company he is/was employed by should be held accountable for this accident.”
It continues: “No, we are not trying to make it seem any less of a tragic accident that it is because yes, lives were lost. We are trying to hold the person who needs to be held responsible, responsible. The trucking company has had several inspections since 2017, with several mechanical violations.”
It adds, “There are many things Rogel could have done to avoid the courts, but he took responsibility showed up and severely apologized to the victims families. Some of the families even offered Forgiveness. Rogel is not a criminal, the company he was working for knew the federal laws that go into truck driving but they failed to follow those laws. Rogel has said several times that he wishes he had the courage to crash and take his own life that day, this tragic accident wasn’t done with Intent, it wasnt a criminal act, it was an accident. Since he has been sentenced, i have changed this to granting Rogel clemency or commutation-as time served.”
Aguilera-Mederos spoke to a reporter with CBS4 from the local jail. “I am crying all the time, I think about it and I have flashbacks,” he told journalist Rick Sallinger before he was sentenced.
He told Sallinger he tried to avoid the vehicles. “My life is not a happy life. It is a very sad life because four people died,” he said in that interview.
The station reported that he could have pulled off a runaway truck ramp, but explained, “When you lost your brakes, your mind is blocking.”
During his sentencing hearing, he also showed great remorse. “I am not a criminal. I am not a murderer. I am not a killer. When I look at my charges, we are talking about a murderer, which is not me. I have never thought about hurting anybody in my entire life,” he said during his sentencing, according to The Denver Post. The outlet reported that he wept, saying, “I lost my brakes. The truck drivers, they know it’s a hard moment, you can’t do anything. You can’t do anything.”
According to the Associated Press, Aguilera-Mederos is “a green card holder from Cuba” who was living in Houston at the time of the crash.
He had no prior criminal record, and his lawyer said in court that he valued his life in America, according to CBS Denver. 9News Legal Expert Scott Robinson told the 9News television station that the judge has the ability to review the sentence.
“Colorado’s violent crimes statute gives judges some discretion after 180 days have passed,” Robinson said to 9News. “Here, the sentencing judge, Bruce Jones, will have an opportunity to determine whether there were unusual and extenuating circumstances which would justify a reduction in the sentences imposed.”
According to The Denver Post, “Jones said he may revise the sentence in the future if Aguilera-Mederos seeks a review, and that he had ‘no desire to see’ Aguilera-Mederos in prison for the rest of his life.”
According to Westword, Aguilera-Mederos is indigent.

Originally reported by: Jessica McBride