The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.
McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.
During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.
“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.
McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.
The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.
McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.
In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.
At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him.
A New Mexico judge on Wednesday rejected a request by Alec Baldwin ’s attorneys to dismiss a civil lawsuit by three “Rust” crew members who allege cost-cutting endangered the cast and crew as the actor-producer skipped his own safety training.
Chief District Judge Bryan Biedscheid also declined to delay proceedings despite arguments by Baldwin’s legal team that doing to so would put their client at risk of self-incrimination since prosecutors have yet to decide whether to refile criminal charges against him over the fatal on-set shooting of a cinematographer.
Attorney Robert Schwartz told the judge there would be nothing to prevent prosecutors from using evidence gleaned from discovery in the civil case against Baldwin in the criminal case, if charges are refiled. As an example, he pointed to any interpretation of Baldwin’s production contract and what authority he had over decision making.
Schwartz said the court is putting Baldwin in an “unfortunate position.”
“No protective order can protect him against that. It just can’t happen,” Schwartz said. “So what’s going to happen is Mr. Baldwin is going to assert his 5th Amendment rights and the plaintiffs are not going to get any discovery in the meantime.”
The judge disagreed, saying he would be mindful of Baldwin’s rights.
Prosecutors have been mum about when a decision will be announced, but in asking for the civil case to be delayed, Schwartz indicated Wednesday that it could some within the next few weeks.
The 2021 shooting resulted in a series of civil lawsuits centered on accusations that the defendants were lax with safety standards. The cases have including wrongful death claims filed by members of Hutchins’ family. Baldwin and other defendants have disputed accusations they were lax with safety standards.
The plaintiffs in the case heard Wednesday say Baldwin and the other producers cut corners, ignored reports of multiple unscripted firearm discharges and rushed to finish the film while being understaffed. They also say they suffered mental anguish and emotional distress by witnessing the shooting.
Baldwin’s attorneys argue that none of the plaintiffs were physically injured and should not be allowed to recover any damages. They contend that gun safety was the responsibility of others — not Baldwin — and that his authority as a producer was limited to making suggestions on the script and casting.
A separate settlement to resolve allegations of workplace safety violations was finalized in March by New Mexico workplace safety regulators and Rust Movie Productions. Following its review, the state issued a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.
Regulators also documented gun-safety complaints from crew members that went unheeded and said weapons specialists were not allowed to make decisions about additional safety training.
The plea deal in Hunter Biden’s criminal case unraveled during a court hearing Wednesday after a federal judge raised concerns about the terms of the agreement that has infuriated Republicans who believe the president’s son is getting preferential treatment.
Hunter Biden was charged last month with two misdemeanor crimes of failure to pay more than $100,000 in taxes from over $1.5 million in income in both 2017 and 2018 and had been expected to plead guilty Wednesday after he made an agreement with prosecutors, who were planning to recommend two years of probation. Prosecutors said Wednesday Hunter Biden remains under active investigation, but would not reveal details.
U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, raised multiple concerns about the specifics of the deal and her role in the proceedings. The plan also included an agreement on a separate gun charge — Biden has been accused of possessing a firearm in 2018 as a drug user. As long as he adhered to the terms of his agreement, the gun case was to be wiped from his record. Otherwise, the felony charge carries 10 years in prison.
The overlapping agreements created confusion for the judge, who said the lawyers needed to untangle technical issues — including over her role in enforcing the gun agreement — before moving forward.
“It seems to me like you are saying ‘just rubber stamp the agreement, Your Honor.’ … This seems to me to be form over substance,” she said. She asked defense lawyers and prosecutors to explain why she should accept the deal. In the meantime, Hunter Biden pleaded not guilty to the tax charges.
The collapsed proceedings were a surprising development in the yearslong investigation, and a resolution that had been carefully negotiated over several weeks and included a lengthy back-and-forth between Justice Department prosecutors and Biden’s attorneys.
The plea deal was meant to clear the air for Hunter Biden and avert a trial that would have generated weeks or months of distracting headlines. But the politics remain as messy as ever, with Republicans insisting he got a sweetheart deal and the Justice Department pressing ahead on investigations into Trump, the GOP’s 2024 presidential primary front-runner.
Trump is already facing a state criminal case in New York and a federal indictment in Florida. Last week, a target letter was sent to Trump from special counsel Jack Smith that suggests the former president may soon be indicted on new federal charges, this time involving his struggle to cling to power after his 2020 election loss to Joe Biden.
Republicans claim a double standard, in which the Democratic president’s son got off easy while the president’s rival has been unfairly castigated. Congressional Republicans are pursuing their own investigations into nearly every facet of Hunter Biden’s dealings, including foreign payments.
The Supreme Court on Friday blocked Oklahoma from executing death row inmate Richard Glossip for his role in a 1997 murder-for-hire after the state’s attorney general agreed Glossip’s life should be spared.
While it’s rare for the conservative-dominated court to put executions on hold, it’s even more unusual for a prosecutor to side with the inmate.
Glossip had been scheduled to be put to death on May 18 despite statements by new Oklahoma Attorney General Gentner Drummond that Glossip did not receive a fair trial.
An Oklahoma appeals court subsequently upheld Glossip’s conviction and the state’s pardon and parole board deadlocked in a vote to grant him clemency.
The high court put the execution on hold indefinitely while it reviews the case. Justice Neil Gorsuch took no part in the decision, presumably because he dealt with the case earlier as an appeals court judge.
“There is nothing more harrowing than the thought of executing a man who the state now admits has never received a fair trial,” Glossip attorney Don Knight said in a statement. “Our hope is that the court will reverse the decision of the (Oklahoma Court of Criminal Appeals) and vacate Mr. Glossip’s conviction once and for all.”
Drummond, a Republican and the state’s top prosecutor, supported a high-court reprieve for Glossip, telling the justices, “Glossip’s trial was unfair and unreliable.” He in a statement he was grateful for the high court’s decision.
“I will continue working to ensure justice prevails in this important case,” he said.
But Drummond also has said he does not believe Glossip is innocent of the murder-for-hire killing of Glossip’s former boss, Barry Van Treese, in 1997. Another man, Justin Sneed, admitted robbing and killing Van Treese after Glossip promised to pay him $10,000. Sneed received a life sentence in exchange for his testimony and was the key witness against Glossip.
Van Treese’s brother, Ken Van Treese, declined to comment on Friday’s ruling.
Former Oklahoma County District Attorney David Prater has long said he believes Glossip persuaded Sneed to kill Van Treese. He said that while Sneed’s testimony was most compelling, there was plenty of evidence to corroborate it.
Abortion bans in deeply conservative Nebraska and South Carolina both fell short of advancing in close legislative votes amid heated debates among Republicans, yet another sign that abortion is becoming a difficult issue for the GOP.
In Nebraska, where abortion is banned after 20 weeks of pregnancy, an effort to ban abortion about the sixth week of pregnancy fell one vote short of breaking a filibuster. Cheers erupted outside the legislative chamber as the last vote was cast, with opponents of the bill waving signs and chanting, “Whose house? Our house!”
In South Carolina, lawmakers voted 22-21 to shelve a proposed near-total abortion ban for the rest of the year. Republican Sen. Sandy Senn criticized Majority Leader Shane Massey for repeatedly “taking us off a cliff on abortion.”
“The only thing that we can do when you all, you men in the chamber, metaphorically keep slapping women by raising abortion again and again and again, is for us to slap you back with our words,” she said.
The Nebraska proposal, backed by Republican Gov. Jim Pillen, is unlikely to move forward this year. And in South Carolina, where abortion remains legal through 22 weeks of pregnancy, the vote marked the third time a near-total abortion ban has failed in the Republican-led Senate chamber since the U.S. Supreme Court reversed Roe v. Wade last summer.
The state has increasingly served patients across a region where Republican officials have otherwise curtailed access to abortion. Six Republicans helped block motions to end debate and defeated any chance the bill will pass this year.
Fourteen other states have bans in place on abortion at all stages of pregnancy. They are Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin. Four other states have bans throughout pregnancy where enforcement is blocked by courts. The majority of those bans were adopted in anticipation of Roe being overturned, and most do not have exceptions for rape or incest.
In Utah, a judge on Friday will consider a request from Planned Parenthood to delay implementing a statewide ban on abortion clinics set to take effect next week. Planned Parenthood argues a state law passed this year will effectively end access to abortion throughout the state when clinics stop being able to apply for the licenses they’ve historically relied on to operate.
Democrats on the Senate Judiciary Committee called on U.S. Supreme Court Chief Justice John Roberts on Monday to open an investigation into the undisclosed acceptance of luxury trips taken by Justice Clarence Thomas and his wife that were paid for by a Republican megadonor.
The letter said the committee plans to hold a hearing in coming days regarding the “need to restore confidence in the Supreme Court’s ethical standards.” And if the Supreme Court does not deal with the issue on its own, the committee will consider voting on legislation. Such a measure would also need support from the Republican-led House to become law.
“But you do not need to wait for Congress to act to undertake your own investigation into the reported conduct and to ensure that it cannot happen again,” the 11 Democratic senators wrote to Roberts. “We urge you to do so.”
The nonprofit investigative journalism organization ProPublica reported Thursday that Thomas, who has been a justice for more than 31 years, has for more than two decades accepted luxury trips from Republican donor Harlan Crow nearly every year.
Thomas, 74, and his wife, Virginia, have traveled on Crow’s yacht and private jet as well as stayed at his private resort in New York’s Adirondack Mountains, ProPublica reported. A 2019 trip to Indonesia the story detailed could have cost more than $500,000 had Thomas chartered the plane and yacht himself.
The Democratic senators said Thomas’ acceptance of favors from Crow was known more than a decade ago. They noted that senators then had urged the Supreme Court court to adopt a resolution stating that the justices abide by the ethics rules that the rest of the federal judiciary follows.
Five women who said they were denied abortions even when pregnancy endangered their lives are suing Texas over its abortion ban, the latest legal fight against state restrictions since the U.S. Supreme Court struck down Roe v. Wade.
The lawsuit filed Monday in state court said the Texas law, one of the strictest in the country, is creating confusion among doctors, who are turning away some pregnant women experiencing health complications because they fear repercussions.
“Nobody should have to wait until they are at death’s door to receive health care,” said Nancy Northup, CEO of the Center for Reproductive Rights, which is providing legal representation for the women.
Similar legal challenges to abortion restrictions have arisen in states across the country since the Supreme Court overturned the landmark 1973 decision establishing a constitutional right to abortion. As clinics have shuttered in Republican-dominant states with strict abortion bans, some patients have had to cross state lines.
According to the Texas suit brought by the five women and two doctors, one woman, Amanda Zurawski, was forced to wait until she developed blood poisoning before being provided an abortion. The four others had to travel out of state to receive medical care for pregnancy-related complications after doctors recommended an abortion because of the deteriorating condition of the woman, the baby or a twin — care that could not be legally provided in Texas.