Thursday, April 24, 2025

Texas executes man for strangling to death a young mother 20 years ago

 The 13th Execution of 2025

 A Texas man convicted of fatally strangling and stabbing a young mother more than 20 years ago was executed on the evening of April 24, 2025 as the victim’s mother and other relatives looked on, reported The Associated Press.

Moises Sandoval Mendoza, 41, received a lethal injection at the state penitentiary in Huntsville and was pronounced dead at 6:40 p.m. He was sentenced to death for his conviction in the March 2004 killing of 20-year-old Rachelle O’Neil Tolleson.

After a spiritual adviser prayed over him for about two minutes, Mendoza apologized repeatedly to the victim’s two parents and other relatives present, calling to each by name. “I am sorry for having robbed you of Rachelle’s life,” he said, addressing the parents, one of her brothers, a cousin and an uncle watching through a window from an adjoining room.

Mendoza also said he had robbed Tolleson’s daughter of her mother, adding, “I’m sorry for that. I know nothing that I could ever say or do would ever make up for that. I want you to know that I am sincere. I apologize.” The daughter wasn’t present for the execution.

He then spoke briefly in Spanish, addressing his wife, his sister and two friends watching through a window from another witness room. “I love you, I am with you, I am well and at peace,” he said in Spanish, his words provided in a transcript in English translation. “You know that I’m well, and everything is love.”

As the injection began, he could be heard making two loud gasps and then began snoring. After about 10 snores, all movement ceased and he was pronounced dead 19 minutes later.

Prosecutors say Mendoza, 41, took Tolleson from her north Texas home, leaving her 6-month-old daughter alone. The infant was found cold and wet but safe the next day by Tolleson’s mother. Tolleson’s body was discovered six days later, left in a field near a creek.

Evidence in Mendoza’s case showed he also had burned Tolleson’s body to hide his fingerprints. Dental records were used to identify her, according to investigators.

Pam O’Neil, the victim’s mother, told reporters after witnessing Mendoza’s execution that it could not undo the loss of her daughter. Reading from a statement, she said of Mendoza: “He’s been on death row 20 years. That ended today. He was put to sleep. He felt no pain. I wish I could say the same about my daughter’s death.”

As Mendoza’s relatives and friends left the prison, they appeared distraught and embraced one another.

Hours earlier on Wednesday, the U.S. Supreme Court denied a final request by Mendoza’s attorneys to stop his execution. Mendoza’s attorneys told the justices in a filing that he had been prevented by lower courts from arguing that he had been denied effective assistance of counsel earlier in the appeals process.

But the Texas Attorney General’s Office told the Supreme Court that Mendoza’s claim of ineffective assistance of counsel had previously been found “meritless and insubstantial” by a lower federal court.

Lower courts also had previously rejected his petitions for a stay. The Texas Board of Pardons and Paroles on Monday denied Mendoza’s request to commute his death sentence to a lesser penalty.

Authorities said that in the days before the killing, Mendoza had attended a party at Tolleson’s home in Farmersville, located about 45 miles (72 kilometers) northeast of Dallas. On the day her body was found, Mendoza told a friend about the killing. The friend called police, and Mendoza was arrested.

Mendoza confessed to police but couldn’t give detectives a reason for the killing, authorities said. He told investigators he repeatedly choked Tolleson, sexually assaulted her and dragged her body to a field, where he choked her again and then stabbed her in the throat. He later moved her body to a more remote location and burned it, they said.

Mendoza was the third inmate put to death this year in Texas, historically the nation’s busiest capital punishment state, and the 13th in the U.S.

On Thursday, Alabama plans to execute James Osgood for the 2010 rape and murder of a woman.

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Lawyers face intensive scrutiny at the border

 Amir Makled thought he was being racially profiled. A Lebanese American who was born and raised in Detroit, the attorney was returning home from a family vacation in the Dominican Republic when he said an immigration official at the Detroit Metro airport asked for a “TTRT” agent after scanning his passport, reported The Guardian. Makled said the expression on the agent’s face changed. He felt something “odd” was happening.

“So I Googled what TTRT meant. I didn’t know,” Makled said. “And what I found out was it meant Tactical Terrorism Response Team. So immediately I knew they’re gonna take me in for questioning. And that’s when I felt like I was being racially profiled or targeted because I am Arab.”

But it quickly became apparent, Makled said, that the stop was different from the type of so-called random stop Muslims and Arab-Americans have become accustomed to at US airports. The plainclothes immigration officer said he knew who Makled was and what he did for a living, according to the lawyer; agents wanted to search his phone.

“They made it clear right off the top: ‘We know that you’re an attorney and we know that you’re taking on some higher-profile cases.’ I was like, ‘OK, well, what do you want from me?’” Makled recalled.

Among the high-profile cases Makled has taken on recently: a pro-Palestinian student protester who was arrested at a demonstration at the University of Michigan.

Sophia Cope, a senior staff attorney at the digital rights group Electronic Frontier Foundation, called the search of Makled’s phone “outrageous”.

“CBP or [the Department of Homeland Security] could not show up at this attorney’s office and say: ‘give me your contact list’ without a warrant,” Cope said. “That would be completely illegal. But because this guy is at the border, and they want it for potentially just domestic monitoring and enforcement, somehow now the fourth amendment goes away.”

Both citizens and non-citizens entering the US are potentially subject to having their phones searched at the border. Fourth amendment protections, which guard against “unreasonable search and seizure”, have been weakened at US points of entry. CBP’s role is to stop people or goods that could pose a threat to the US from entering the country. In the case of US citizens, CBP may pull a traveler whom agents have security concerns about – anything from drug or sex trafficking to espionage concerns – but must ultimately admit them into the country, Cope said.

However, there have been many recent cases of CBP pulling a US citizen about whom they have no border security concerns into a secondary screening at the behest of other federal agencies, Cope said. The FBI, for example, has in the past asked CBP to put flags on people’s travel profiles so that when they cross the border they are pulled into secondary inspection, she said.

“That may be because the person is under domestic investigation themselves or because the traveler is associated with somebody who’s under investigation and the government’s just trying to get around the warrant requirement,” Cope said.

Cope said that, based on the existing information, it doesn’t appear Makled’s stop was routine. “If they tell him: ‘We know you’re a lawyer,’ and then this terrorism flag popped up, that’s not routine, that’s pre-planned,” Cope said.

CBP has access to a vast array of databases through which agents can gain access to personal information about individuals who are traveling into or out of the US. One of these repositories may have contained a “lookout” designation for Makled, a flag on his file that can lead to a secondary screening. Those “lookouts” can remain on a person’s file as long as CBP deems them “pertinent”, according to documents revealed in a 2019 case in Massachusetts federal court.

W hen Makled was finally released around two hours after he was first detained, he asked the official if he should expect to be stopped every time he traveled abroad.

“He’s like, ‘You might be stopped next time,’” Makled said. “You might not. It depends on the agent that’s working.”

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Wednesday, April 23, 2025

CREATORS: Let History Guide the Court on Deportation Issue

 Matthew T. Mangino
CREATORS
April 22, 2025

What happens when the government violates an individual's constitutional rights? We may soon find out as the United States Supreme Court has agreed to hear a case involving the federal government's deportation of noncitizens in violation of a court order and without due process of law.

The Supreme Court's response to unconstitutional conduct by law enforcement as it relates to individuals accused of a crime may serve as a guide.

In 1961, the high court created a dramatic remedy that would prevent the prosecution of an accused whose constitutional rights had been violated. The Court established the exclusionary rule, which remains controversial to this day.

In 1957, Cleveland, Ohio police officers went to the home of Dollree Mapp looking for a suspect in a criminal investigation. She refused to let the police in without a warrant.

The police left, and when they returned, they were armed with a phony warrant. Chicanery took the place of real police work. Instead of going to a judge to get a warrant, they drew up their own. After entering Mapp's home, police searched and confiscated obscene material, resulting in Mapp's arrest.

As a result of the police misconduct, the Supreme Court, in Mapp v. Ohio, provided a remedy — the exclusion of illegally obtained evidence from admission in a criminal prosecution — resulting in a dismissal of the charges.

The rationale behind the exclusionary rule was to deter police misconduct. If police intentionally circumvented their obligation to get a search warrant, or deprived an accused of due process, the penalty would be significant — the inability to use any evidence illegally obtained.

Over the last half century, the Supreme Court has whittled away at the exclusionary rule. The court has ruled that the exclusionary rule does not apply if the police obtained no advantage by their unlawful conduct, if a judge improvidently issued a warrant or if a valid warrant was illegally served.

In 2009, the assault on the exclusionary rule continued. The Supreme Court found that evidence confiscated as a result of an arrest that was the product of an expired warrant was not subject to exclusion. The court found that negligence by one police department in failing to remove a warrant did not contaminate evidence obtained by a different police department that was unaware of the invalid arrest warrant.

In 2011, the U.S. Supreme Court further narrowed the exclusionary rule. Police in Alabama arrested Willie Davis. After he was handcuffed and placed in the backseat of a police cruiser, Davis' car was searched. The police found a gun. They were in conformity with the law as it existed at the time the warrantless search of Davis' car was conducted.

Subsequently, the law changed, and Davis sought to have the evidence excluded. The Supreme Court refused to exclude the evidence. Justice Samuel Alito concluded that suppression of evidence as the result of a change in the law, a change that came after a lawful search, "would do nothing to deter police misconduct."

In 2016, Supreme Court Justice Clarence Thomas wrote an opinion in a Utah case ruling that evidence obtained from an unlawful police stop would not be excluded from court because the link between the stop and the evidence's discovery was "attenuated" by the discovery of an outstanding warrant during the stop.

Despite the Supreme Court's diminution of Mapp v. Ohio, history has looked kindly on the Warren Court and the important protections provided by the court to men and women accused of crime.

The current Supreme Court has stepped in to halt deportations to El Salvadore temporarily. The Trump administration faces possible contempt for prior deportations and specifically for the mistaken deportation of Kilmar Abrego Garcia. History will remember what remedy the Supreme Court crafts, if any, for Garcia and the other Venezuelans deported without due process.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.

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Tuesday, April 22, 2025

Oklahoma City bomber Timothy McVeigh's radicalism is mainstream today

April 20th marked the 30th anniversary of the young military veteran and far-right radical, Timothy McVeigh’s attack on the federal building in Oklahoma City . The bombing was met with near-universal revulsion at the carnage he created and at the ideology that inspired it, reported The Guardian.

A crowd yelled “baby killer” – and worse – as 26-year-old Timothy McVeigh was led away in chains from a courthouse in rural Oklahoma where the FBI caught up with him two days after the bombing. He had the same crew cut he’d sported in his army days and stone cold eyes.

An hour and a half’s drive to the south, 168 people lay dead, most of them office workers who had been providing government services, along with 19 young children in a day care centre directly above the spot where McVeigh parked his moving truck packed with ammonium nitrate and other explosives.

The children were, most likely, his prime target.

Bill Clinton, then president, rallied the country by vowing justice that would be “swift, certain and severe”. His attorney general wasted no time announcing she would seek the death penalty. Whatever flirtation the country had been entertaining with rightwing militia movements in the wake of a national assault weapons ban that enraged gun rights activists, and controversies over the heavy-handedness of federal law enforcement, came screeching to a halt.

Even elements of the radical right, McVeigh’s fellow travellers, were stunned by the sight of firefighters pulling dead babies out of the wreckage. Before the bombing, they had been full of heady talk of war against the government, but many of them imagined this would involve an attack on federal judges who had displeased the movement, or blowing up a building at night.

“Didn’t he case the place?” one acquaintance of McVeigh’s asked incredulously. “The bastard has put the Patriot movement back 30 years,” lamented an erstwhile mentor of McVeigh’s from Arizona.

Fast-forward those 30 years, and the movement is not only very much revived but has moved from the outer fringes of American politics to the very centre.

McVeigh wanted to strike at what he saw as a corrupt, secretive cabal running the US government – what Donald Trump and his acolytes refer to as the Deep State and are now busy dismantling.

McVeigh believed the US had no business extending its influence around the world or becoming entangled in foreign wars when white working-class Americans from industrial cities such as Buffalo, his home town, were suffering – an early expression of Trump’s America First ideology, which won him tens of millions of blue-collar votes last November.

McVeigh’s favourite book, a white supremacist power fantasy called The Turner Diaries, blamed a cabal of Jews, black people and internationalists for perverting America’s true destiny – a sentiment now finding coded expression in Trump’s twin wars on immigration and on diversity, equity and inclusion.

McVeigh believed it was up to ordinary citizens like him to take up arms and fight against a tyrannical ruling order, no matter the cost in innocent lives, because that was what the country’s founders had done during the American war of independence. The T-shirt he wore when he was arrested carried a quote from Thomas Jefferson: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

During the Capitol riot on 6 January 2021, the QAnon-friendly Republican congresswoman Lauren Boebert expressed much the same sentiment as she cheered on the rioters smashing and bloodying their way past uniformed police officers into the halls of Congress. “Today is 1776,” she tweeted.

The parallels have not been lost on political veterans of the 1990s. Clinton himself observed in a recent HBO documentary: “The words [McVeigh] used, the arguments he made, literally sound like the mainstream today. Like he won!”

To read more CLICK HERE

 

Monday, April 21, 2025

Bunch: 'Kilmar Abrego Garcia is the critical pawn in a game to end American democracy for good'

 Will Bunch writing for the Philadelphia Inquirer:

Kilmar Abrego Garcia is the critical pawn in a game to end American democracy for good.

And the regime knows its window for pulling this off is closing. The polls are showing Trump’s popularity with the American people is plummeting, and support for his immigration policies is also shrinking, after people see their rank cruelty. The conventional wisdom is that the president should pull back, but the conventional wisdom has been wrong ever since Trump descended a golden escalator on June 16, 2015. The White House is instead racing to impose dictatorship before opponents can get organized to stop it.

In this life-and-death moment for our liberty, there are still a lot of key people who aren’t getting it, and not just television bloviators. One centrist Democratic member of Congress insisted anonymously to Axios that Trump’s immoral deportation machine is a political trap, and that Dems “shouldn’t take the bait for one hairdresser,” tacking a homophobic dog whistle onto a lack of concern over human rights.

Fortunately for democracy, the mass of decent everyday American people do get it. It’s why a throng of people gathered outside a federal courthouse in Greenbelt, Md., demanding our government obey the law. It’s why Philadelphia suburbanites driving on U.S. Route 202 in Chester County this week saw their neighbors at an overpass with a giant sign, “Free Abrego Garcia.” It’s why voters at a town hall in deeply conservative rural Iowa confronted GOP Sen. Chuck Grassley and cheered raucously when one asked, “Are you going to bring that guy back from El Salvador?”

They understand the most important fact in America right now: that if Abrego Garcia is not free, then none of us are free. The Trump regime understands this, too, but in a very different way. It sees this everyman Salvadoran laborer as the speed bump on its autobahn toward a strongman regime of unchecked corruption and naked retribution against anyone from powerful universities and law firms to college newspaper op-ed writers who dare oppose them. And they are spinning yet another Big Lie to make sure Abrego Garcia is crushed.

But we have seen, time and time again, that injustice to one simple man can change the arc of history. It was one oppressed Tunisian fruit vendor named Mohamed Bouazizi who launched the massive Arab Spring protests, and it was the captured-on-video 2020 police murder of George Floyd that triggered the largest protest in American history. This time, we need to bend the arc a lot further toward justice, and we need to do so in the name of Abrego Garcia.

There will be yet another opportunity this Saturday, with a new round of Easter weekend protests in all 50 states and beyond — and it’s clear now that everything is on the line. Let the chants of liberation ring loudly from Maine to Hawaii: Free Kilmar Abrego Garcia!

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Rest in Peace Pope Francis!

 The holy father led with love, joy and kindness.

Sunday, April 20, 2025

Supreme Court acts quickly to stop additional deportations by Trump administration

There are sculptures of tortoises scattered around the Supreme Court grounds. They symbolize, the court’s website says, “the slow and steady pace of justice,” writes Adam Liptak of The New York Times.

But the court can move fast when it wants to, busting through protocols and conventions. It did so around 1 a.m. on Saturday, blocking the Trump administration from deporting a group of Venezuelan migrants accused of being gang members under a rarely invoked 18th-century wartime law.

The court’s unsigned, one-paragraph order was extraordinary in many ways. Perhaps most important, it indicated a deep skepticism about whether the administration could be trusted to live up to the key part of an earlier ruling after the government had deported a different group of migrants to a prison in El Salvador.

That unsigned and apparently unanimous ruling, issued April 7, said that detainees were entitled to be notified if the government intended to deport them under the law, “within a reasonable time,” and in a way that would allow the deportees to challenge the move in court before their removal.

There were indications late Friday that the administration was poised to violate both the spirit and letter of that ruling. Lawyers for the detainees said their clients were given notices that they were eligible to be deported under the law, the Alien Enemies Act. The one-page notices were written in English, a language many of them do not speak, the lawyers said. And they provided no realistic opportunity to go to court.

The American Civil Liberties Union, racing against the clock, filed its emergency application to the Supreme Court on Friday evening — Good Friday, as it happened — and urged the court to take immediate action to protect the detainees as part of a proposed class action.

The lawyers told the court that they feared their clients could be deported within hours, saying that some had already been loaded onto buses, presumably to be taken to the airport.

The Supreme Court did act fast. “The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court,” the order said.

In a typical case, the Supreme Court would await a ruling from the relevant appeals court, here the U.S. Court of Appeals for the Fifth Circuit, and ask for a response from the administration, on a deadline set by the justices.

The justices did neither of those things. Instead, their unsigned opinion said: “The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the solicitor general is invited to file a response to the application before this court as soon as possible.”

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