PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

Three weeks after being asked to modify a $2.78 billion deal that would dramatically change college sports, attorneys excised the word “booster” from the mammoth plan in hopes of satisfying a judge’s concerns about the landmark settlement designed to pay players some of the money they help produce.

As expected, the changes filed in court Thursday did not amount to an overhaul — replacing “booster” with the term “associated entity or individual,” was the headliner – but the hope is that it will clear the way for U.S District Judge Claudia Wilken to give the settlement agreement preliminary approval.

The new language and replacing of the hazily defined “booster,” which has played a big role in the NCAA’s rulebook for decades, is designed to better outline which sort of deals will come under scrutiny under the new rules.

Under terms of the settlement, the biggest schools would have a pool of about $21..5 million in the first year to distribute to athletes via a revenue-sharing plan, but the athletes would still be able to cut name, image and likeness deals with outside groups.

It was the oversight of those deals that was at the heart of Wilken’s concerns in the proposed settlement. Many leaders in college sports believe calling something a NIL deal obscures the fact that some contracts are basically boosters paying athletes to play, which is forbidden.

The settlement tries to deal with that problem. By changing “booster” to “associated entity,” then clearly defining what those entities are, the lawyers hope they will address that issue.

The NCAA said in a statement that the new language will “provide both clarity and transparency to those seeking to offer or accept NIL deals.”

The new filing explained that “associated entity or individual” is a “narrower, more targeted, and objectively defined category that does not automatically sweep in ‘today’s third-party donor’ or a former student-athlete who wishes to continue to support his/her alma mater.”

Those entities will not include third parties like shoe companies or people who provide less than $50,000 to a school — someone who would be considered a small-money donor. Deals involving “associated entities” will be subject to oversight by a neutral arbitrator, not the NCAA.

In a news release, plaintiffs’ attorney Steve Berman focused on how the settlement, and now the new language, restricts how much oversight the NCAA — already sharply muzzled by a series of losses in court — will have on NIL deals.

“The filed settlement terms today constitute a substantial improvement on the current status quo under which a much broader set of deals are prohibited under NCAA rules, and all discipline is carried out by the NCAA without any neutral arbitration or external checks,” Berman said.

There is no timetable for Wilken to let the parties know whether they changes they made will be enough for her to sign off on the deal.

The lawyers kept to their word that they would not make dramatic changes to the proposal, but rather clarify for the judge that most third-party NIL deals would still be available to college athletes. On top of that, athletes will also receive billions in revenue annually from their schools through the revenue-sharing plan.

College sports leaders believe unregulated third-party deals through booster-funded organizations known as NIL collective will allow schools to circumvent the cap.

So-called NIL collectives have become the No. 1 way college athletes can cash in on use of their fame. According to Opendorse, a company that provides NIL services to dozens of schools, 81% of the $1.17 billion spent last year on NIL deals with college athletes came from collectives.

Wilken took some issue with the cap — set at $21.5 million for the first year — but it was the plan to subject certain NIL deals to an external review for fair-market value drew the most scrutiny.

___

AP College Sports Writer Ralph Russo contributed.

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LOS ANGELES (AP) — One of the country’s most progressive prosecutors, who faced two recall attempts within four years, is set to be tested as he seeks reelection against 11 challengers to remain the district attorney of Los Angeles County.

Tuesday’s nonpartisan primary pits incumbent George Gascón against opponents who range from line prosecutors in his own office to former federal prosecutors to county judges.

To win the primary outright, a candidate must receive a 50%-plus-one vote, an unlikely outcome in the largest-ever field to seek the office. Anything less triggers a runoff race between the top two candidates in November to lead an agency that prosecutes cases in the most populous county in the U.S.

While experts believe Gascón will survive the primary, they are less optimistic about his chances in November.

His first term included a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

Gascón’s challengers are seeking to harness voters’ perceptions of public safety, highlighting shocking footage of a series of brazen smash-and-grab robberies at luxury stores. The feeling of being unsafe is so pervasive that even the Los Angeles mayor and police chief said in January that they were working to fix the city’s image.

But while property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023, violent crime decreased almost 1.5% in the same period.

Still, the candidates seeking to unseat Gascón blame him and his progressive policies for the rising property crime and overall safety perceptions. The opponents include local prosecutors Jonathan Hatami and Eric Siddall and former federal prosecutors Jeff Chemerinsky and Nathan Hochman, a one-time attorney general candidate, who all have garnered notable endorsements.

Gascón was elected on a criminal justice reform platform in 2020, in the wake of George Floyd’s killing by police.

Gascón immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

He was forced to roll back some of his biggest reforms early in his tenure, such as initially ordering the elimination of more than 100 enhancements and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates, and Gascón backpedaled, restoring enhancements in cases involving children, elderly people and people targeted because of their race, ethnicity, sexual orientation or disability.

This year’s challengers still say Gascón is too soft on crime and have pledged to reverse many or nearly all of his most progressive policies, such as his early orders to eliminate filing for sentencing enhancements.

The other candidates are David S. Milton, Debra Archuleta, Maria Ramirez, Dan Kapelovitz, Lloyd “Bobcat” Masson, John McKinney and Craig Mitchell.

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LOS ANGELES (AP) — Los Angeles County voters are set to decide next month if embattled District attorney George Gascón will remain the head of the nation’s largest prosecutor’s office in a race centered on perceptions of public safety.

Gascón, who was elected in 2020 on a criminal justice platform alongside a wave of progressive prosecutors, faces 11 challengers in the March 5 non-partisan primary. Voting is already underway.

Gascón’s challengers say his policies are to blame for rising crime, including a series of brazen smash-and-grab robberies at luxury stores that have garnered national attention from critics who say California’s Democratic leaders are allowing lawlessness. Property crime increased nearly 3% within the sheriff’s jurisdiction of Los Angeles County from 2022 to 2023.

Violent crime, however, decreased more than 3% in the city of Los Angeles and fix the city’s image.

“There isn’t a community, I believe, in LA County that would say things are on the right track from a crime perspective,” said Michael Bustamante, an election expert and public affairs consultant who is not involved in the race.

Gascón was elected after a summer of unrest following the police killing of George Floyd in Minneapolis.

He immediately imposed his campaign agenda: not seeking the death penalty; not prosecuting juveniles as adults; ending cash bail for misdemeanors and nonviolent felonies; and no longer filing enhancements triggering stiffer sentences for certain elements of crimes, repeat offenses or gang membership.

Gascón quickly faced backlash, including a recall attempt within his first 100 days and a second attempt later, which both failed to get on the ballot.

His challengers include local prosecutors Jonathan Hatami and Eric Siddall and former federal prosecutors Jeff Chemerinsky and Nathan Hochman, a one-time attorney general candidate, who all have garnered notable endorsements. Hochman is running television ads and his campaign said Thursday he has raised $2 million.

To win outright, a candidate must receive a 50%-plus-one vote, an unlikely outcome in the largest-ever field to seek the office. Anything less triggers a runoff race between the top two candidates in November to lead an agency made up of almost 1,000 lawyers who prosecute cases in the most populous county in the U.S.

Experts believe Gascón will survive the primary but are less optimistic about his chances in November.

“Nobody has really broken out. And with a large number of each candidate getting a decent amount of support, it could become a random thing who gets into the runoff,” said Raphael Sonenshein, executive director of The John Randolph Haynes and Dora Haynes Foundation, which focuses on social science research in Los Angeles.

The challenger field is largely campaigning on a reversal of nearly all of Gascón’s progressive policies. They’re running with a more tough-on-crime approach but are mindful of going too far for LA County’s Democratic electorate.

Chemerinsky, for example, vowed to undo almost all of Gascón’s practices but said he would keep the ban on the use of the death penalty.

Gascón’s first term has been rocky. His orders to prosecutors to stop seeking longer prison sentences and cease using sentencing enhancements, among other controversial policies, were met with immediate backlash.

The union representing rank-and-file prosecutors sued Gascón, arguing he cannot bar the use of sentencing enhancements for prior felony convictions under the state’s “three strikes” law. The California Supreme Court heard arguments last year and has not issued a ruling.

Gascón faced a slew of no-confidence votes by municipal governments across the county. Other county district attorneys took the unusual step of criticizing his policies as reckless and tried to take cases from his jurisdiction.

He also was forced to roll back some of his biggest reforms, such as initially ordering more than 100 enhancements dropped and elevating a hate crime from misdemeanor to a felony. The move infuriated victims’ advocates and Gascón backpedaled, restoring enhancements in cases involving children, elderly people and people targeted because of their race, ethnicity, sexual orientation or disability.

“I think that most of the damage to Gascón happened relatively early,” Sonenshein said.

The unions representing rank-and-file Los Angeles Police Department officers and Los Angeles County deputy sheriffs, respectively, have not endorsed anyone in the primary. In 2020, both heavily opposed Gascón, a former police chief and two-term San Francisco district attorney.

The Association of Deputy District Attorneys, representing LA County prosecutors, has endorsed Siddall, its former vice president.

The other candidates are David S. Milton, Debra Archuleta, Maria Ramirez, Dan Kapelovitz, Lloyd “Bobcat” Masson, John McKinney and Craig J. Mitchell.

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SALT LAKE CITY — Douglas Lovell, an inmate on death row in Utah, is hoping to prove his trial attorneys were ineffective.

His new attorney has filed an appeal because his former attorneys failed to object to questioning about his church excommunication and then membership status.

Colleen Coebergh, who represents Lovell on the appeal, argued in favor of another trial for Lovell before the Utah Supreme Court on Friday. The court is now considering the case.

Lovell, 66, killed Joyce Yost in 1985, to prevent her from testifying after he had been charged with raping her, according to court documents. Authorities said he tried to hire two other people to kill Yost before deciding to carry out the murder himself. Her body was never found.

He admitted his guilt in 1993, but was allowed to withdraw that guilty plea in 2011, which led to the trial and, ultimately, to Lovell being sentenced to death a second time, in 2015.

Utah Supreme Court Justice John Pearce said a reasonable attorney would not have allowed evidence at trial pertaining to church leadership needing to approve re-admittance into the church after their client’s excommunication. He said the jury was being asked to see if Lovell had changed in the 30 years since the crime for which he was being tried, and prosecutors brought up the fact that church leadership would have to concur.

Coebergh said it means something to the jury when a defendant is not welcome in a church.

“The whole policy, policy discussion, doctrine — this court should rule absolutely inadmissible,” she said.

She said that evidence invited the jury to make a decision on something other than the law, as an appeal to a higher power than the court, and the Supreme Court judges cannot assume that comment did not have an effect on the jury. She said using a handbook from the church is “a corrupt practice” that cannot be tolerated in the courts.

“There is a separation of church and state for a reason,” she said, adding “that not only blurred the lines — the prosecutor catapulted himself over that line. And the (inference) of that notion is that it invited the jury to resort in their mind to a higher power than that court.”

Mark Field, assistant solicitor general, argued that Lovell’s trial attorneys may not have objected to the comments on his membership status because they had a witness the next day who would share religious testimony they wanted to ensure was allowed. The witness testified Lovell had been working on indexing for the church, which is transcribing documents for use in family history, and spoke about remorse and forgiveness.

Field said Lovell and his attorneys made the choice to not allow the jury an option of life in prison without the possibility of parole; instead, they were making a decision between the death penalty and life with the possibility of parole. He said this was what undermined his case, where evidence against Lovell was “virtually insurmountable” and the jury did not have an option to sentence him to life without parole.

Coebergh discussed multiple other reasons Lovell’s attorneys were not effective. She said they had a responsibility to show evidence supporting his eligibility to be released on parole.

She said the attorneys’ billing practices were unethical and said defendants have a right to have two attorneys on a case where the death penalty is a possibility, and those attorneys should both have skin in the game — and not be billing against each other.

Coebergh said the attorneys had a cap on what they could spend on their investigation and did not ask for more funds, did not perform individual interviews with witnesses and the junior attorney did not call witnesses as the senior attorney instructed and expected.

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SAN DIEGO (AP) — Former Buffalo Bills punter Matt Araiza is being dropped from a lawsuit filed by a woman who alleged she was raped by San Diego State University football players in 2021.

The woman agreed Tuesday to dismiss Araiza from the lawsuit she filed last year, while Araiza agreed to dismiss his defamation countersuit against her, his attorneys said in a statement.

He’ll be removed from the suit in the next week, won’t pay any money to the woman and reserves the right to sue her attorney for harm caused, the statement said, terming the agreement “bittersweet.”

“Matt has been forced to defend himself for the last sixteen months against false accusations and a campaign to ruin his career in the NFL. He will never get this time in his life back,” attorneys Dick Semerdjian and Kristen Bush said.

“Thankfully, there was extensive evidence that was key to securing Matt’s voluntary dismissal from this lawsuit,” the statement added. “Matt was and has always been innocent. The case is over, and Matt has prevailed.”

Araiza said Wednesday that the ordeal has “changed me a lot” and that he wants another shot at the NFL.

“My name, my reputation — this will be tied to me forever, that won’t go away,” he said at a news conference. “It was tough to watch the pain that it caused my family, because I have been proven innocent but they for sure had absolutely nothing to do with this.”

Araiza said he continues to work out.

“When I was cut, I was an NFL starter, had just beat out an NFL veteran. I was on a four-year contract and that wont be handed back to me. No one in the NFL is going to go, ‘Here’s the job that you once had,’ so working to regain where I was at is my primary goal right now,” Araiza said. “I’m confident that I will be able to regain my NFL career — whenever that is. I believe it’s more of a when, not an if.”

The defamation lawsuit against the woman, described in court documents only as Jane Doe, was “legally baseless,” but her first legal bill topped $20,000 and she “simply cannot afford to defend herself,” her attorney, Dan Gilleon, said in a statement reported by the San Diego Union-Tribune.

“Plus she has been beat down by Araiza’s PR campaign and is frankly over it,” he said in a text, the news outlet reported.

The lawsuit against four other former San Diego State University players will continue.

An email from The Associated Press seeking comment from Gilleon wasn’t immediately answered Tuesday night.

Araiza was nicknamed the “Punt God” and honored as a consensus All-American in 2021 for his booming kicks that helped SDSU to a school-best 12-2 season in his senior year. He was selected by the Bills in the sixth round of the 2022 NFL draft but released two days after the filing of the lawsuit.

The woman alleged that she was 17 and attending an off-campus party in October 2021 when Araiza, then 21, had sex with her in a side yard at an off-campus house before bringing her into a bedroom where a group of men took turns raping her. She reported the alleged assault to San Diego police the next day.

Araiza has said he stayed in the backyard and never entered the home during the party and that he left nearly a half-hour before the alleged raping occurred.

He and most of the other players the woman is suing have said their encounters with her were consensual.

After a monthlong police investigation, the San Diego County District attorney’s Office announced in December that it would not file criminal charges. Several media outlets obtained an audio recording of a meeting between prosecutors and the woman in which deputy District attorney Trisha Amador said she concluded, based on a witness statement, that Araiza “wasn’t even at the party anymore” when the alleged raping could have occurred and wasn’t visible in videos that were recovered.

Earlier this year, the New York Jets hosted Araiza for a workout at the team’s facility, six days after a San Diego State investigation found no wrongdoing by him in connection with the alleged rape.

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Tim Ballard attends the premiere of “Sound of Freedom” on June 28 in Vineyard. After five women and one man who accused Ballard of sexual assault revealed their identities and spoke publicly with reporters, Ballard’s attorneys released a statement that said the accusations were false and inaccurate. (Fred Hayes, Getty Images for Angel Studios)

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SAN CLEMENTE, Calif. — Just hours after five women and one man who have accused Operation Underground Railroad founder Tim Ballard of sexual assault in a pair of anonymous lawsuits revealed their identities and spoke publicly with reporters, Ballard’s attorneys released a statement that said the accusations were false and inaccurate.

The statement from California-based attorneys Whitney Z. Bernstein, Alexis Paschedag Federico, and Thomas H. Bienert, Jr. of Bienert Katzman Littrell Williams LLP said:

“We are counsel for Tim Ballard and look forward to fighting these claims and revealing all of their inaccuracies. We note that none of these suits have been served on Tim, and instead seem intended as a vehicle to wrongly attack him as opposed to properly initiating legal proceedings. The Ballards will not let what they view as politically charged false claims deter them from continuing their mission of saving children from the scourge of trafficking. We very much look forward to litigation on the merits of these accusations in the courtroom.”

In a tearful, lengthy interview in Salt Lake City Tuesday, the plaintiffs explained their desire to help the cause of ending human trafficking. Many said they did not want to take their stories to the public but felt an obligation to try to prevent others from being victimized in the same way they allege they were.

The day following the interview, Alan Mortensen, a lawyer for one of the plaintiffs who was suing Ballard sent the following statement to KSL-TV:

“We have sought to have Tim Ballard’s attorneys accept service as a professional courtesy to him. We recently were informed the lawyer we were dealing with does not represent him. Today is the first we have learned that Tim Ballard has retained Bienert Katzman LItterll Williams LLP and we will reach out to them on Friday to accept service for Mr. Ballard. If they decline, we will personally serve Mr. Ballard as soon as he is located. The sooner we can get Mr. Ballard under oath the better.”

Contributing: Lindsay Aerts

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For all the progress she’s seen in a year-old campaign to counter a local surge in illegal pot shops — 24 shut down in recent months with perhaps twice that many still operating, mostly in Oildale and Rosamond — Kern County District attorney Cynthia Zimmer said it remains an uphill fight.

Sheriff’s deputies go in with search warrants one day, arresting employees and seizing cannabis, psychoactive mushrooms, cash and firearms, she said. Then the shop reopens, sometimes the same day, typically in the same storefront.

Zimmer’s trying something different lately. Her office now goes after landlords who rent to illegal cannabis dispensaries, in civil court instead of criminal, pursuing penalties of $2,500 per day the shop operates.

The strategy is new to Kern but not unique in California, where it’s seen as a way to enlist landlords who may not be aware of their tenants’ illegal operation. Prosecutors save time and money, even as landlords sometimes have trouble evicting criminal tenants and, in some cases, the shop ends up relocating a few blocks away.

So far, Zimmer’s civil division, normally focused on consumer fraud and the like, has filed seven lawsuits against commercial property owners. She said one case led to a $2 million judgment against the landlord.

“We’re very excited about this and we’re moving forward,” she said.

The lawsuits open a new front in the county’s battle against illegal marijuana sellers in unincorporated Kern. Although 24 pot shop workers have been arrested since the start of September, Zimmer said, local law enforcement has had less success bringing charges against actual operators.

Los Angeles cannabis law lawyer Seena Samimi agreed government in general is “always one step behind the operator,” who he said may just set up shop five blocks away. But that’s also why it makes sense to work with landlords, he added.

Property owners renting to an operation without a license to sell marijuana, Samimi said, are “just as guilty as the tenant is” because they are allowing a use that’s not permitted.

Some landlords in Southern California protest that the government’s actions are unconstitutional, in effect buying time to keep collecting highly profitable rents, he said. But others comply, allowing law enforcement to save substantial work.

A Beverly Hills lawyer recognized for his expertise in cannabis matters, William S. “Bill” Kroger, said he has a client with a series of shopping malls who was levied a $36 million fine by the city of Los Angeles for renting space to a series of dispensaries.

Landlords receiving twice normal rent, in some cases, often don’t understand they’re breaking the law, Kroger said. He added that enforcement against property owners in Southern California has been “kind of hit and miss.”

But even after landlords get “woken up” by prosecutors, he said, successfully kicking out tenants is another matter. Some fight back, he said, and some just don’t follow the law.

“It’s a battle to get them out,” Kroger said.

David Michaels knows the feeling.

After inheriting a shopping center in east Bakersfield, he fell ill from diabetes last summer and ended up under medical supervision for more than three weeks. When he got out of a rehabilitation hospital in early September, Michaels said, he found out someone had entered a long-vacant barbershop on his property, changed the locks and opened an unlicensed pot shop.

The operator has no lease and has paid no rent, he said. But when he called the Kern County Sheriff’s Office to remove the store, Michaels said, the responding deputy didn’t believe he owned the property. No action was taken, he added, even after his lawyer offered the deputy a copy of the deed.

Michaels called Zimmer’s office, he said, but was referred to the Better Business Bureau.

“Nobody will help me,” he said. “I’m very frustrated about this.” Michaels noted he has listed the shop for sale and plans to use the proceeds to buy a home in Los Angeles.

A KCSO spokeswoman said the agency has authority to help landlords remove illegal pot shops, but that how the process works depends on particular circumstances. She declined to comment on Michaels’ case without knowing details such as when exactly calls for service came in.

“It’s a case-by-case basis,” Public Information Officer Lori Meza said by email, “and if KCSO were to help a landlord facilitate the removal of a tenant, that would become a civil issue that gets referred to the civil unit, and that process could take months.”

Zimmer was unfamiliar with Michaels’ case but said a situation like he described would probably lead her office to give him additional time to remove a tenant before filing suit.

“We do understand that sometimes it is hard for the landlord to evict the client,” she said.

The county is concerned about illegal dispensaries because, Zimmer said, they often attract criminal behavior to surrounding neighborhoods and they sell marijuana that may contain illegal, carcinogenic pesticides.

Working with the KCSO and state authorities, the District attorney’s Office files for search warrants that, besides turning up hundreds of pounds of cannabis since August, also yield information her staff uses to send landlords a letter warning they may face penalties if they do not cease and desist.

Some cooperate, others get additional search warrants, Zimmer said. Whether they get hit with a lawsuit depends on how cooperative they are, she added.

Her office’s specific approach, developed in cooperation with Riverside and San Diego counties, accuses property owners of unfair competition violations, basically asserting they’re stealing business from licensed dispensaries elsewhere. The lawsuits her office files also accuse property owners of allowing a public nuisance and of breaking state cannabis regulation and drug abatement laws.

It’s only been a few months, but she said combining search warrants with arrests of pot shop employees with civil suits “seems to be an effective combination.”

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