Woman in her 80s becomes fifth West Nile virus case in Mass. this year - Boston.com

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Regulating the Crypto Ecosystem: The Case of Stablecoins and Arrangements - International Monetary Fund

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Review Not Warranted: SG Tells SCOTUS to Scrap Amgen's Case on Enablement Test for Biotech Patents - IPWatchdog.com

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Prosecutor: Rowan Sweeney case will move forward despite death of witness - Youngstown Vindicator

YOUNGSTOWN — Mahoning County prosecutors are moving forward with prosecuting three men indicted in the Sept. 21, 2020, slaying of Rowan Sweeney, 4, despite the death last Sunday of a key witness in the case, Yarnell Green, 32.

The Mahoning County Prosecutor’s Office said it cannot comment on evidence in the case outside of court, in part because of a “gag” order Judge Anthony D’Apolito of Mahoning County Common Pleas Court imposed Feb. 11, 2021. But Green’s death is not stopping prosecution of the case.

“The state will move forward with prosecuting these cases,” Jennifer McLaughlin, chief of the criminal division the county prosecutor’s office, said last week.

Green was shot to death early Sept. 18 outside of a downtown tavern, and Johnny Serrano, 23, of Campbell, is in the Mahoning County jail, charged with murder in the case. Serrano’s lawyer, James Gentile, told a visiting judge during Serrano’s arraignment in Youngstown Municipal Court on Wednesday this may be a self-defense case.

Green was a central figure in Rowan’s case. Green allegedly was the target of one or more men seeking to steal cash Green had in the home on Perry Street in Struthers where the boy was killed. Green initially identified defendant Kimonie Bryant, 26, of Struthers, as the man who burst into the home and shot all five people inside, killing Rowan and injuring Green; Rowan’s mother, Alexis Schneider, who was Green’s girlfriend; Cassandra Marsicola; and Andre McCoy Jr., 22, of Youngstown.

Green later changed his testimony and told Struthers police that Brandon Crump Jr., then 17, was the male wearing a hooded sweatshirt pulled up around his face who entered the home and committed the shootings.

Police said early on that day, McCoy may have been part of the robbery plan because of text messaging they found between McCoy and Bryant’s phones just before the shootings. McCoy; Bryant, 26; and Crump, now 19, ultimately were indicted on aggravated murder and many other charges in the case, including specifications that could lead to the death penalty if convicted.

AVAILABLE TO TESTIFY

Though McCoy left the hospital after being treated for his injuries and has not been located and Green has been killed, two witnesses are available to testify. Police have said Green, Schneider and Marsicola gave statements to police about what happened. And prosecutors are hoping DNA results expected to be available Nov. 7 from a private laboratory will make it clear whether Bryant or Crump was the triggerman.

Capt. Matt Haus of the Struthers Police Department testified at a hearing in February 2021 that Marsicola told police the man who entered the home demanded that McCoy give him McCoy’s valuables and then fired two shots into McCoy, who was sitting on a couch. He then shot Green, who was on another couch, then shot Marsicola, who was on a wooden chair.

Schneider told police that before she was shot, she tried to lie on top of Rowan, who was sleeping. “She pleaded with the suspect not to shoot her son. She advised that’s when he shot her son,” Haus testified.

Haus also testified to cellphone records showing the locations of phones associated with Bryant and Crump at various times before and after the shootings, which were reported to police at 1:52 a.m.

TEXT MESSAGES

The records show that at 1:14 a.m., the phones of Bryant and Crump were close to each other. At 1:32 a.m., the phones were near each other east of Cassius Avenue on Youngstown’s East Side. They also were close together at 1:36 a.m. and at 1:44 a.m. were on Perry Street in Struthers.

At 1:55 a.m., both phones were close together leaving the Perry Street area, Haus testified. At 2:01 a.m., the phones were on Cassius Avenue, Haus testified.

Last week, defense attorneys for Bryant filed a motion that seeks to prevent prosecutors from presenting evidence regarding an identification Schneider made of Bryant being the shooter.

The filing states that Haus and Struthers Capt. Dan Mamula interviewed Scheider in the emergency room at St. Elizabeth Youngstown Hospital later the day of the shootings. She was “heavily medicated to the point where officers noted her sedated state before commencing the interview,” the filing states.

She described the shooter’s height, weight and race and described his clothing. Then she was shown a single photo of Bryant, but she was unable to say whether Bryant was the shooter, the filing states.

The next day, officers returned to speak to Schneider again, with Mamula stating Bryant’s name and asking “whether she was aware that an arrest was made.” Bryant had turned himself in to police 18 hours after the shootings, after police issued an arrest warrant for Bryant, according to police and court documents.

Mamula handed Schneider the same photo as the day before. The filing does not say specifically what Scheider told detectives when she looked at the photo again that day, but Haus testified in February 2021 that Schneider told detectives at some unspecified time that that Bryant was the man “in her home” at the time of the shootings.

Haus also testified in February 2021 that Green told Haus in the days following the shootings that Bryant had shot Green.

WHAT GREEN SAID

But Mamula testified at a Feb. 16, 2022, hearing that on Oct. 1, 2020, Green told Mamula that he no longer thought Bryant was the shooter. Haus testified in February 2021 that Green told Haus that Green and Bryant are cousins.

The defense filing states: “Psychological research has demonstrated the inherent unreliability of witness identification, even in the fairest of circumstances — such as a fairly constructed photo lineup, administered by a blind administrator and without any outside influences or suggestions.”

The courts have “recognized the inherent unreliability of eyewitness identification” and also recognized “that a ‘one man lineup’ or a ‘one man show up’ except in the most dire circumstances … are themselves inherently unreliable,” the filing states.

Not only did the police conduct this type of one-man identification in this case, but they also “offered a name to go with a face,” the filing states. “The identification under these circumstances is unreliable and must be suppressed” from the case, it states.

A “blind administrator” is a person who shows a witness photos who does not know the identify of the suspect, the filing explains.

Gina DeGenova, chief assistant prosector for the Mahoning County Prosecutor’s Office, said assistant prosecutors will file a written response to the new motion with D’Apolito, as it routinely does, but the prosecutor’s office is “not permitted to comment on this case in any fashion due to a gag order imposed by the court.”

TIED TO ROWAN CASE?

As for whether the killing of Green could have been related to the 2020 shootings, Struthers police Chief Tim Roddy said Struthers investigators have discussed that with the Youngstown Police Department, but he is not aware of any connection “on the surface.”

Roddy said Youngstown police are taking the Rowan case “into account with how they are proceeding with this.” He added, “Because it’s their investigation, we are here to assist them, but we are not going to jump in and try to do anything.”

When Capt. Jason Simon of the Youngstown Police detective division was asked if he thought Green’s death was connected to Rowan’s killing, Simon said he’s not aware of any connection between the two. “But we have no way of saying for sure.”

Roddy said that, through Roddy’s affiliation with local sports, he is aware that Serrano attended Struthers City Schools.

“I don’t think we had any major issues with him,” Roddy said of Serrano and the police department.

Court records indicate Serrano had a misdemeanor theft conviction out of Boardman in 2018 and a misdemeanor failure to comply with the orders of a police officer conviction out of Youngstown in November 2020.

Serrano had a Struthers address at the time of the Boardman conviction. He had a different Struthers address in August 2020 when he was cited for speeding in Austintown, according to court records.

erunyan@vindy.com

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These earbuds have a case that doubles as a power bank, and they're just $26 - Mashable

TL;DR: As of Sept. 25, you can get a pair of Flux Earbuds with the Wireless Charging Case(opens in a new tab) for just $25.99 instead of $99.99 — that's a 74% discount.

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There are a lot of options out there for wireless earbuds(opens in a new tab). When you’re searching for the right pair, some of the things you look for might be sound quality, versatility, and battery life. What about how well they can charge your phone? Flux 7 TWS Earbuds have a power bank built right into the case. They’re also on sale right now for $25.99, marked down from $99. 

Earbuds with a case you can charge your phone with 

The Flux 7 earbuds themselves are multifunctional and visually (and audibly) stunning. They have an intelligent noise reduction feature that may help block the noisy world around you, great if you like to work in a more controlled environment but can’t. They’re also IPX4 waterproof, so they’re safe from splashing water. If you’re out running and it starts to sprinkle, you won’t have to rush to take off your earbuds, but avoid pressurized water like showers or hoses. 

Use your pair of Flux 7s to listen to music, catch up on podcasts, answer calls(opens in a new tab), or access your voice assistant. On a single charge, they can play up to four hours of music, and the charging case has a 2,000mAh battery that should be enough to recharge them quite a few times with some energy to spare. 

That spare power could also go to your phone or another device. The case has a built-in power bank that could come in clutch if your phone is running low. If you already keep a clunky power bank with you, this also gives you a chance to downsize. The unique case design also lets you see how much power is left in the power bank and how much charge each earbud has left. 

Save on a pair of wireless earbuds with a case that’s also a power bank

Normally, a pair of Flux Earbuds with the Wireless Charging Case(opens in a new tab) would cost $99, but their price has dropped 74%, so you can get them for $25.99. 

Prices subject to change.

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Former DA Roger shares his perspective of Telles murder case – The Nevada Independent - The Nevada Independent

When Las Vegas reporter Jeff German was hot on a case, former Clark County District Attorney David Roger recalls, he rang his phone every day – often several times – in pursuit of the story.

Like so many in the Southern Nevada community, Roger was shocked to learn of German’s Sept. 2 murder, allegedly at the hands of Clark County Public Administrator Robert Telles. The reporter had written articles for the Las Vegas Review-Journal that dug into employee complaints accusing Telles of workplace harassment and maintaining an inappropriate relationship with a favored staffer. Telles wound up losing his re-election bid and blamed German for his defeat.

Unlike most locals, Roger brings not only his first-hand working knowledge of German’s relentless reporting style, but decades of prosecutorial experience as well. After representing the state in the nationally prominent first Ted Binion murder trial and the O.J. Simpson robbery case, Roger also understands the challenges of high-profile prosecutions.

After a lightning response from Metro Homicide detectives collected damaging physical evidence against Telles, who is accused of “lying in wait” for the victim, the murder case has reverberated nationally at a particularly difficult time for the working press. While authorities aren’t talking outside court as the case moves toward a scheduled Oct. 26 preliminary hearing, former DA Roger recently took time to share his seasoned perspective about a particularly disturbing murder.

Earlier this month, Las Vegas Justice of the Peace Elana Lee Graham, referring to the police report, described the attack as “chilling” with details of the 69-year-old German “fighting for his life.” With signs of premeditation and so much physical evidence, including Telles’ DNA found under German’s fingernails, Roger says the defense is likely to focus on the defendant’s mental status around the time the crime was committed.

“I think this has got to be a mental defense for the defendant,” Roger says. “From what we read in the media, and what I know, it is a compelling case of murder in the first degree. And, so, in order to get some type of either negotiation or conviction less than murder in the first degree, you have to go through a mental defense and say, not that he didn’t know right from wrong, but because of certain mental conditions he was unable to premeditate. That is probably what you’re going to see. Right now, they’re probably looking for a psychologist or psychiatrist, or both to conduct tests on the defendant to support that defense.”

And even if defense medical experts are only partially persuasive, Roger says, “it provides mitigation for a penalty phase. In Nevada, the jury has to determine punishment in cases of murder in the first degree. I don’t know if the prosecution will seek the death penalty in this case, but even if they don’t, they’ll have a penalty hearing. That type of evidence will be what the defense is looking for.”

What the defense isn’t looking for is more media exposure facilitated by the accused. Telles recently gave a series of jailhouse press interviews against the wishes of his attorney, Travis Shetler, who has since withdrawn from the case. Although the status could change, Telles is currently represented by experienced members of the Clark County Public Defender’s Office.

“Often it’s difficult with high-profile defendants to manage them from a defense standpoint,” Roger says. “I’m certain that if his defense attorney had any say in this, he would not have been giving interviews from the Clark County Detention Center.”

In addition to whatever the defendant said, or mostly didn’t say, with a jury trial anticipated the power of first impressions in the media has to be appreciated, Roger says, because it’s likely to be remembered by the triers of fact.

“I would hope that his defense attorney would have told him to have the appropriate demeanor in court without his smug look as he came in for one of his court appearances,” he says. “That is not going to be helpful because that is the video that the media will play over and over and over again. You have (prospective) jurors out there who will be watching the news, and will have an impression of his smugness.”

In a post-COVID pandemic legal system bursting at the seams with delayed murder cases, there is a real potential for the Telles case to languish. For the first time in memory, Roger says, the caseloads have compelled the DA’s office to mediate murder cases where appropriate to decrease backlogs.

Time may be one of the only allies the defense enjoys.

“The defense always wants to delay the case,” the former prosecutor says. “Sometimes for tactical reasons, other times to prepare. [In this case,] they’re going to need time to prepare their mental defense. That will take some time. From a tactical standpoint … you want this media to die down before you get this to a jury trial. I don’t know that it will because it’s such a high-profile case. But that’s another reason the defense will want to stall the process.”

If Roger is right, justice for a murdered reporter could be a long time coming.

John L. Smith is an author and longtime columnist. He was born in Henderson and his family’s Nevada roots go back to 1881. His stories have appeared in Time, Readers Digest, The Daily Beast, Reuters, Ruralite and Desert Companion, among others. He also offers weekly commentary on Nevada Public Radio station KNPR.

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Professor, NASA researcher pleads guilty in China ties case - ABC News

HOUSTON -- A NASA researcher and Texas A&M University professor pleaded guilty to charges related to hiding his ties to a university created by the Chinese government while accepting federal grant money.

Zhengdong Cheng pleaded guilty to two counts — violation of NASA regulations and falsifying official documents — during a hearing in Houston federal court on Thursday.

Cheng's conviction was part of a program called the China Initiative, which was first started under the Trump administration. But in February, the Justice Department abandoned the program after complaints it chilled academic collaboration and contributed to anti-Asian bias. The department had also endured high-profile setbacks in individual prosecutions, resulting in the dismissal of multiple criminal cases against academic researchers in the last year. The Justice Department said it planned to impose a higher bar for such prosecutions.

Cheng had originally been charged with wire fraud, conspiracy and false statements when he was arrested in August 2020. But he pleaded guilty to the new charges as part of an agreement with federal prosecutors.

U.S. District Judge Andrew Hanen sentenced Cheng to the time he had already served during his pretrial incarceration — about 13 months.

Cheng also agreed to pay restitution of $86,876 and pay a fine of $20,000.

Philip Hilder, Cheng's attorney said the professor was “relieved that this unfortunate chapter of his life is behind."

But Hilder was critical of the China Initiative program, saying while its original purpose was “to fight economic espionage ... that was not the case in his matter."

“The China Initiative ... has now been phased out as a Justice Department priority. The overall mission stays the same, to ferret out economic espionage, but the focus is to target wrongdoers by their deeds and not by their ethnicity," Hilder said.

Prosecutors accused Cheng, who was hired by Texas A&M in 2004, of concealing his work in China even as his team of researchers received nearly $750,000 in grant money for space research. NASA is restricted from using funds for any collaboration or coordination with China, Chinese institutions or any Chinese-owned company.

But, prosecutors say, Cheng violated those restrictions by maintaining multiple undisclosed associations with China, including serving as director of a soft matter institute at a technology university in Guangdong, China, that was established by China’s Ministry of Education.

“Texas A&M and the Texas A&M System take security very seriously, and we constantly are on the look-out for vulnerabilities, especially when national security is involved,” John Sharp, chancellor of the Texas A&M System, said in a statement Friday. “We will continue to work with our federal partners to keep our intellectual property secure and out of the hands of foreign governments who seek to do us harm.”

Cheng was fired from Texas A&M shortly after his arrest. Texas A&M is located about 90 miles (145 kilometers) northwest of Houston.

Hilder said Cheng loves academia but is evaluating his options on what he does next.

“He’s a proud, loyal United States citizen and he looks forward to getting back to being a productive member of our society," Hilder said.

In a tweet Friday, FBI Houston Special Agent in Charge James Smith said his agency “prioritizes investigating threats to academia as part of our commitment to preventing intellectual property theft at U.S. research institutions and companies."

In February, Assistant Attorney General Matthew Olsen told reporters he believed the initiative was prompted by genuine national security concerns. He said he did not believe investigators had targeted professors on the basis of ethnicity, but he also said he had to be responsive to concerns he heard, including from Asian American groups.

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Follow Juan A. Lozano on Twitter at https://twitter.com/juanlozano70

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