New Mexico family believed dead boy’s spirit would lead attacks: prosecutors

Personal articles are shown at the compound in rural New Mexico where 11 children were taken in protective custody after a raid by authorities near Amalia, New Mexico, August 10, 2018. Photo taken August 10, 2018. REUTERS/Andrew Hay

By Andrew Hay

TAOS, N.M. (Reuters) – A 3-year-old boy found buried at a New Mexico desert compound died in a ritual to “cast out demonic spirits,” but his extended family believed he would “return as Jesus” to identify “corrupt” targets for them to attack, prosecutors said in court on Monday.

Prosecutors’ account of an exorcism-like ritual, allegations of weapons training for children and references to martyrdom and conspiracy were aimed at persuading a judge to deny bond for the five adults charged with child abuse in the case.

Defense attorney Thomas Clark (R) sits next to his client, defendant Siraj Ibn Wahhaj, defense attorney Marie Legrand Miller (2nd L) and her client Hujrah Wahhaj (L) during a hearing on charges of child abuse in which they were granted bail in Taos County, New Mexico, U.S. August 12, 2018. REUTERS/Andrew Hay

Defense attorney Thomas Clark (R) sits next to his client, defendant Siraj Ibn Wahhaj, defense attorney Marie Legrand Miller (2nd L) and her client Hujrah Wahhaj (L) during a hearing on charges of child abuse in which they were granted bail in Taos County, New Mexico, U.S. August 12, 2018. REUTERS/Andrew Hay

However, state District Judge Sarah Backus said at the end of the four-hour detention hearing she remained unconvinced that the defendants posed a danger to the community and set bail at $20,000 for each of them.

“The state alleges that there was a big plan afoot,” Backus said in rendering her decision. “But the state hasn’t shown to my satisfaction, in clear and convincing evidence, what that plan was.”

Defense attorneys said prosecutors sought to criminalize their clients for being African-Americans of Muslim faith.

“If these people were white and Christian, nobody would bat an eye over the idea of faith healing, or praying over a body or touching a body and quoting scripture,” defense lawyer Thomas Clark told reporters after the hearing. “But when black Muslims do it, there seems to be something nefarious, something evil.”

Under terms of the judge’s order, four defendants were expected to be placed under house arrest with electronic ankle bracelets to ensure they remain within Taos County for the duration of the case.

The five suspects, who had established a communal living arrangement with their children in the high-desert compound, have been in custody since authorities raided their ramshackle homestead north of Taos 10 days ago.

The two men and three women are all related as siblings or by marriage. Three are the adult children of a prominent New York City Muslim cleric who is himself the biological grandfather of nine of the children involved.

The principal suspect, Siraj Ibn Wahhaj, 39, has also been charged with abducting his severely ill 3-year-old son, Abdul-Ghani Wahhaj, from the Atlanta home of the boy’s mother in December.

Clark said Ibn Wahhaj would remain in custody due to a fugitive warrant against him in Georgia stemming from the cross-country manhunt that led investigators to the New Mexico compound.

The body of a young boy believed to be his son was found in a tunnel at the site three days after the raid. No charges have been filed in connection with the death.

For now, the thrust of the government’s case remains 11 counts of felony child abuse filed against each of the defendants – Ibn Wahhaj and his wife, Jany Leveille, along with his brother-in-law and sister – Lucas Morton and Subhannah Wahhaj – and a second sister, Hujrah Wahhaj.

The 11 children, ranging from one to 15 years old and described by authorities as starving and ragged when they were found, were placed in protective custody after the Aug. 3 raid.

WEAPONS AND RITUALS

According to prosecutors’ presentation on Monday, some of the children were given weapons training to defend the compound against a possible raid by law enforcement. However, the government said there was more to it than that.

Federal Bureau of Investigation Special Agent Travis Taylor testified that the 15-year-old son of Ibn Wahhaj recounted one of the adults telling him the spirit of the dead 3-year-old would return “as Jesus” to direct the group in carrying out violent attacks. Taylor said prospective targets would include “the financial system, law enforcement, the education system.”

Prosecutor John Lovelace said the 3-year-old boy died during “a religious ritual” intended to “cast out demonic spirits.”

Abdul-Ghani stopped breathing, lost consciousness and died during a ceremony in which his father put his hand on the boy’s head and recited verses from the Koran, Taylor testified, citing interviews with Ibn Wahhaj’s 15-year-old and 13-year-old sons.

Prosecutors said in court documents last week that all five defendants were giving firearms instruction to the children “in furtherance of a conspiracy to commit school shootings.”

Authorities acknowledged in court on Monday that police had previously encountered Ibn Wahhaj, Leveille and seven of the children in December when they were involved in a traffic accident in Alabama.

Lovelace said police at the time found weapons and ammunition in the vehicle. Authorities let the group go after Ibn Wahhaj explained he was licensed to carry the guns as a private security agent and that he and the others were en route to New Mexico for a camping trip.

(Reporting by Andrew Hay in Taos; Writing by Steve Gorman, Alex Dobuzinskis; Editing by Tom Brown, Michael Perry and Paul Tait)

Supreme Court rules warrants required for cellphone location data

FILE PHOTO: The U.S. Supreme Court is seen in Washington, U.S., June 11, 2018. REUTERS/Erin Schaff/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Friday imposed limits on the ability of police to obtain cellphone data pinpointing the past location of criminal suspects in a major victory for digital privacy advocates and a setback for law enforcement authorities.

In the 5-4 ruling, the court said police generally need a court-approved warrant to get access to the data, setting a higher legal hurdle than previously existed under federal law. The court said obtaining such data without a warrant from wireless carriers, as police routinely do, amounted to an unreasonable search and seizure under the U.S. Constitution’s Fourth Amendment.

In the ruling written by conservative Chief Justice John Roberts, the court decided in favor of Timothy Carpenter, who was convicted in several armed robberies at Radio Shack and T-Mobile stores in Ohio and Michigan with the help of past cellphone location data that linked him to the crime scenes.

Roberts stressed that the ruling did not resolve other hot-button digital privacy fights, including whether police need warrants to access real-time cellphone location information to track criminal suspects. The ruling has no bearing on “traditional surveillance techniques” such as security cameras or on data collection for national security purposes, he added.

Roberts was joined by the court’s four liberal justices in the majority. The court’s other four conservatives dissented.

Although the ruling explicitly concerned only historical cellphone data, digital privacy advocates are hopeful it will set the tone for future cases on other emerging legal issues prompted by new technology.

“Today’s decision rightly recognizes the need to protect the highly sensitive location data from our cellphones, but it also provides a path forward for safeguarding other sensitive digital information in future cases – from our emails, smart home appliances and technology that is yet to be invented,” said Nate Wessler, a lawyer at the American Civil Liberties Union who represents Carpenter.

“We decline to grant the state unrestricted access to a wireless carrier’s database of physical location information,” Roberts said.

Roberts said the ruling still allows police to avoid obtaining warrants for other types of business records. Police could also avoid obtaining warrants in emergency situations, Roberts added.

The high court endorsed the arguments made by Carpenter’s lawyers, who said that police needed “probable cause,” and therefore a warrant, to avoid a Fourth Amendment violation.

Conservative Justice Anthony Kennedy wrote in a dissenting opinion that the ruling could put “criminal investigations at serious risk in serious cases, often when law enforcement seeks to prevent the threat of violent crimes.”

Major Supreme Court rulings: https://tmsnrt.rs/2Mjahov

‘BIG BROTHER’

The case underscored the rising concerns among privacy advocates about the government’s ability to obtain an ever-growing amount of personal data. During arguments in the case in December, liberal Justice Sonia Sotomayor, who joined Roberts in the ruling, alluded to fears of “Big Brother,” the all-seeing leader in George Orwell’s dystopian novel “1984.”

Friday’s ruling was the third in recent years in which the court has resolved major cases on how criminal law applies to new technology, on each occasion ruling against law enforcement. In 2014, it required police in most instances to obtain a warrant to search a cellphone’s contents when its user is arrested. In 2012, it decided that a warrant is needed to place a GPS tracking device on a vehicle.

Police helped establish that Carpenter was near the scene of the robberies by securing from his cellphone carrier his past “cell site location information” that tracks which cellphone towers relay calls. His bid to suppress the evidence failed and he was convicted of six robbery counts.

Carpenter’s case will now return to lower courts. His conviction may not be overturned because of the other evidence linking him to the crimes.

The U.S. Justice Department had argued that probable cause should not be required to obtain customer records under a 1986 federal law called the Stored Communications Act. Instead, it argued for a lower standard – that prosecutors show only that there are “reasonable grounds” for the records and that they are “relevant and material” to an investigation.

Roberts wrote that the government’s argument “fails to contend with the seismic shifts in digital technology that made possible the tracking of not only Carpenter’s location but also everyone else’s.”

A Justice Department spokeswoman declined to comment after the ruling.

The decision was issued during a time of rising concern over surveillance practices of law enforcement and intelligence agencies and whether companies like wireless carriers care about customer privacy rights. The big four wireless carriers – Verizon Communications Inc, AT&T Inc, T-Mobile US Inc and Sprint Corp – receive tens of thousands of these requests yearly from law enforcement.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

House panel votes to release Republican memo alleging anti-Trump bias

Rep. Adam Schiff (D-CA) arrives for closed meeting of the House Intelligence Committee on Capitol Hill in Washington, U.S., January 16, 2018.

By Patricia Zengerle and John Walcott

WASHINGTON (Reuters) – The U.S. House Intelligence Committee voted along party lines on Monday to release a classified memo that Republicans say shows anti-Trump bias by the FBI and the Justice Department in seeking a warrant to conduct an intelligence eavesdropping operation.

In approving the release under a rule never before invoked, the Republican majority ignored a warning from Assistant Attorney General Stephen Boyd that making the document public would be “extraordinarily reckless” without submitting it to a security review.

The move added new fuel to bitter partisan wrangling over investigations by congressional committees and Special Counsel Robert Mueller into alleged Russian meddling in the 2016 election.

Calling it a “sad day” for the intelligence committee, top Democratic Representative Adam Schiff said the panel also voted against releasing a Democratic memo that countered the Republican report and rejected his call for a briefing by Federal Bureau of Investigation Director Christopher Wray.

“Today this committee voted to put the president’s personal interest, perhaps their own political interests, above the national interest,” Schiff said.

The memo was commissioned by Representative Devin Nunes, the committee’s Republican chairman. A Nunes spokesman did not immediately respond for a request for a statement.

The Department of Justice declined comment.

Two sources familiar with the memo said it accuses the FBI and the Justice Department of abusing their authority in asking a Foreign Intelligence Surveillance Court judge to approve a request to extend an eavesdropping operation on Carter Page, an adviser to Trump’s 2016 campaign.

The memo charges that the FBI and the Justice Department based the request on a dossier compiled by a former British spy hired to dig up negative information on Trump by a research firm partially financed by the Democratic National Committee and Hillary Clinton’s presidential campaign, the sources said.

The dossier, however, was only part of the material on which the request was based, and any portion of the dossier used as evidence first would have been independently confirmed by U.S. or allied intelligence or law enforcement agencies, one of the sources said.

“There is no way any court would approve a warrant – any warrant, let alone one for surveillance on an American citizen – based on uncorroborated information,” said this source, who spoke on condition of anonymity.

The second source, also speaking on condition of anonymity, said the memo accuses Deputy Attorney General Rod Rosenstein and Andrew McCabe, who on Monday announced his resignation as deputy FBI director, of allowing pro-Democratic sentiments to color Mueller’s investigation.

The New York Times first reported the contents of the memo.

Democrats have criticized the document as “highly misleading,” based on a selective use of highly classified materials and intended to discredit Mueller, who was appointed by Rosenstein.

Russia denies interfering in the 2016 election, and Trump repeatedly has denied there was any collusion.

The House vote gave Trump up to five days to decide whether to release the classified document under a rule that has never before been used.

But Hogan Gidley, the White House deputy press secretary, told CNN that the vote has no bearing for Trump because if he takes no action, the memo will become public.

Representative Mike Conaway, a senior committee Republican, said Republicans voted against releasing the Democrats’ memo because the House of Representatives had not had a chance to read it. He said the committee agreed to let House members read it and would consider making it public after that.

(Reporting by Patricia Zengerle, Jonathan Landay and Eric Beech; Editing by Cynthia Osterman and Lisa Shumaker)

German critic of Turkey’s Erdogan arrested in Spain

Turkish President Tayyip Erdogan greets his supporters in Trabzon, Turkey, August 8, 2017. Murat Cetinmuhurdar/Presidential Palace/Handout via REUTERS

BERLIN (Reuters) – German-Turkish author Dogan Akhanli was arrested in Spain on Saturday after Turkey issued an Interpol warrant for the writer, a critic of the government of President Recep Tayyip Erdogan, Der Spiegel magazine reported.

The arrest of the German national was part of a “targeted hunt against critics of the Turkish government living abroad in Europe,” Akhanli’s lawyer Ilias Uyar told the magazine.

Ties between Ankara and Berlin have been increasingly strained in the aftermath of last year’s failed coup in Turkey as Turkish authorities have sacked or suspended 150,000 people and detained more than 50,000, including other German nationals.

Spanish police arrested Akhanli on Saturday in the city of Granada, Der Spiegel reported. Any country can issue an Interpol “red notice”, but extradition by Spain would only follow if Ankara could convince Spanish courts it had a real case against him.

Akhanli, detained in the 1980s and 1990s in Turkey for opposition activities, including running a leftist newspaper, fled Turkey in 1991 and has lived and worked in the German city of Cologne since 1995.

On Friday, Erdogan urged the three million or so people of Turkish background living in Germany to “teach a lesson” to Chancellor Angela Merkel’s Christian Democrats in September’s general election by voting against her. That drew stinging rebukes from across the German political spectrum.

Calls to the German foreign ministry regarding the arrest of Akhanli were not immediately returned.

(Reporting By Thomas Escritt; Editing by Andrew Bolton)

Warrant in Minnesota police shooting says woman slapped squad car

FILE PHOTO: Justine Damond, also known as Justine Ruszczyk, from Sydney, is seen in this 2015 photo released by Stephen Govel Photography in New York, U.S., on July 17, 2017. Stephen Govel/Stephen Govel Photography/Handout via REUTERS

By Chris Kenning

(Reuters) – A woman slapped the back of police squad car just before the fatal police shooting of an unarmed Australian woman in Minneapolis, according to newly released court documents.

The detail came in an application for a search warrant, made public Monday in court documents, from state investigators examining what led to the July 15 shooting of Sydney native Justine Damond, 40.

The fatal incident outraged the public in Australia and Minnesota, and led to the resignation of Minneapolis’ police chief. Australian Prime Minister Malcolm Turnbull called the shooting “shocking” and “inexplicable.”

“Upon police arrival, a female ‘slaps’ the back of the patrol squad. After that, it is unknown to BCA agents what exactly happened, but the female became deceased in the alley,” the court document reads. It does not say whether the woman who slapped the car was Damond.

Damond family attorney Robert Bennett could not be reached to comment on Tuesday. Previously, Bennett had said: “Usually people who call the police in their pajamas are not ambushers.”

One responding officer, Matthew Harrity, told investigators he was startled by a loud sound near the patrol car shortly before his partner, Mohamed Noor, fired through the open driver’s-side window, striking Damond.

Damond, who had made Minneapolis her home and was engaged to be married, had called police about a possible sexual assault in her neighborhood just before midnight. A cellphone was found near her body, according to the court documents.

Last week, Minneapolis Police Chief Janee Harteau resigned at the request of Mayor Betsy Hodges, who lost confidence in the chief after the shooting.

Over the weekend, metal street signs mocking the police appeared in the city, reading “Warning: Twin Cities Police Easily Startled,” according to KARE-TV.

Noor’s lawyer, Tom Plunkett, could not be reached for comment on Tuesday.

Noor has refused to be interviewed by the Minnesota Bureau of Criminal Apprehension, which is investigating the shooting. Plunkett previously released a statement in which Noor expressed condolences to the Damond family, but declined to discuss the shooting.

Harrity’s attorney, Fred Bruno, could not be reached for comment. Bruno previously told the Star Tribune it was “certainly reasonable” for the officers to fear they could be the target of a possible ambush.

Police also on Monday released the officers’ partly redacted personnel files, which include records of employment and completed training, including weapons training. However, the files reveal little about job performance.

(Reporting by Chris Kenning; Editing by David Gregorio)