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New trial ordered for man convicted in divisive rape cases

A man whose conviction in two rape cases divided his small northeast Kansas town must have a new trial because of errors by the prosecutor and court in the original trial, the Kansas Court of Appeals ruled Friday.

Jacob Ewing, 24, of Holton was sentenced to more than 27 years in prison after his June 2017 conviction for raping and sodomizing one woman in 2016 and raping and committing two counts of aggravated criminal sodomy against another woman in 2014.

Ewing argued in his appeal that special prosecutor Jacqie Spradling misstated evidence in her closing arguments that inflamed the "passions of the jury." The appeal also argued the court made other errors in allowing certain evidence in his trial, The Topeka Capital-Journal reported .

"The cumulative effect of the errors committed by the district court and the prosecutor denied Ewing his constitutional right to a fair trial," the appeals court ruled.

Trevor Wohlford, one of Ewing's attorneys, declined to comment on the ruling. The Kansas Attorney General's office also declined to comment.

The errors cited in the appeal included Spradling suggesting that Ewing enjoyed abusing vulnerable victims and implying that one of the women was in that category, a misstatement about what DNA evidence shown at trial proved, and comments about Ewing's use of pornography, which the appeals court said should not have been admitted into evidence.

"Given the conflicting nature of the evidence admitted at trial, it is reasonable to believe that the jury took to heart the prosecutor's comments during closing arguments that purported to represent the evidence, even when those statements did so inaccurately," the court wrote.

The state had argued in its response to the appeal that the prejudicial cumulative errors can't exist where "the evidence is overwhelming against the defendant." The appeals court ruled that it didn't find the evidence "overwhelming."

"The burden is on the State to show that the cumulative error committed in this case was harmless beyond a reasonable doubt. The State has failed to meet this burden," the court wrote. "We hasten to point out that our finding is in no way intended to be a comment on the credibility of the alleged victims in this case."

The allegations against Ewing, a former state football champion and member of a well-known family, divided Holton , a town of 3,300 residents about 30 miles (48 kilometers) north of Topeka. His supporters posted signs in their yards and wore supportive T-shirts to court. Advocates for the women formed a support group and organized volunteers to sit in the courtroom during proceedings.

Ewing was also found not guilty in April 2017 of charges that he raped and sodomized an underage girl. Following a plea deal in a separate case, he was given another 7½ years in prison for the attempted rape of a woman in January 2014 and a charge of child exploitation related to images of an underage girl.

___

Information from: The Topeka (Kan.) Capital-Journal, http://www.cjonline.com

Source: Fox News National

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Estonian PM invites far-right to join cabinet

Arab league and EU summit, in Sharm el-Sheikh
Estonia's Prime Minister Juri Ratas attends a summit between Arab league and European Union member states, in the Red Sea resort of Sharm el-Sheikh, Egypt, February 25, 2019. REUTERS/Mohamed Abd El Ghany

March 11, 2019

By Tarmo Virki

TALLINN (Reuters) – Estonia Prime Minister Juri Ratas invited EKRE to coalition talks on Monday, reversing a promise to block the anti-immigrant party from the cabinet as he seeks to replace the coalition’s smallest partner, the Social Democrats.

The decision marks the first time the ultra-nationalist EKRE has access to power, but forming the coalition is far from certain as Ratas’s Centre party lost the March 3 election and the three possible coalition partners have differing views on several subjects including Russian minority.

The Centre party has since 2017 governed in a coalition with the Social Democrats and Fatherland, but the status quo was challenged by the latest election, which split the parliament’s 101 seats between Estonia’s five parties, leaving none with a majority.

Centre – which lost the elections to center-right Reform – and Fatherland decided on Monday they would seek to form a government with EKRE, saying the combination would represent voters widely across counties and political preferences.

Ratas, leader of the traditionally Moscow-leaning Centre party, had earlier ruled out governing with EKRE, which made strong gains in the latest election and almost tripled its representation in the new parliament to 19 seats.

EKRE’s fiercely anti-immigrant message lifted its support during the European migration crisis in 2015 and it has held on to the gains since.

Its gains have come as countries across the EU have recorded a surge in support for right-wing parties following the recent migrant crisis.

Opponents have been careful to give EKRE access to power, fearing nationalists and populists could hijack the agenda and force a retreat on pillars of the EU such as free movement of people and deeper economic integration.

Estonia enjoys strong economic growth and low unemployment.

Growth, however, is expected to slow this year and next, and the regional differences in the country of just 1.3 million people are vast.

EKRE won a vast number of protest votes in the counties farthest from the capital Tallinn.

Reform won 34 seats in the 101-seat parliament, while left-leaning Centre got 26 seats, conservative Fatherland 12 and the Social Democrats 10.

President Kersti Kaljulaid has promised to give the official mandate to form a government to the leader of the largest party, Reform, but this could turn out to be merely a formality if Centre, EKRE and Fatherland cut a deal before that.

(Reporting by Tarmo Virki, editing by Ed Osmond)

Source: OANN

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WATCH: Man slugs woman on city sidewalk in seemingly random attack

Authorities in New York City are searching for a man who brutally punched a woman in her head in an unprovoked assault as she walked along a sidewalk in Brooklyn earlier this month, authorities said Wednesday.

The attack was captured on video. The 27-year-old woman was walking through the Crown Heights neighborhood in broad daylight March 9 when a man nonchalantly approached her and struck her in the side of her head, the New York City Police Department said.

BROOKLYN MAN, 55, SENTENCED TO DECADES FOR STABBING GIRLFRIEND 20 TIMES TO DEATH

The man exchanged no words with the woman before striking her and then quietly turned around and walked away, sources told WPIX-TV.

The woman suffered pain to her head, but was able to take herself to Kingsbrook Jewish Medical Center for treatment, the station reported. Her condition wasn't immediately clear.

The attacker was described as 40 years old, with black facial hair. He was last seen wearing a navy blue jacket with the word “Yale” across the front, a black wool hat, blue jeans and black sneakers.

Police have asked anyone with information on the suspect to call 800-577-TIPS (8477).

Source: Fox News National

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UBS, StanChart agree to settle 2009 Hong Kong IPO misconduct case: regulator’s counsel

FILE PHOTO: A UBS advertisement is displayed on top of a commercial building in Hong Kong
FILE PHOTO: A UBS advertisement is displayed on top of a commercial building in Hong Kong, China May 2, 2017. REUTERS/Bobby Yip/File Photo

March 11, 2019

HONG KONG (Reuters) – UBS Group AG and Standard Chartered PLC have agreed to settle a case of alleged misconduct related to a 2009 initial public offering (IPO) in Hong Kong, a counsel for the market regulator said at a tribunal hearing on Monday.

Swiss banking giant UBS was set to appeal on Monday against an unprecedented 18-month ban on leading IPOs in Hong Kong, imposed, sources had said, for its role in the listing of a firm which subsequently collapsed.

StanChart and UBS banker Cen Tian were also scheduled to appeal against disciplinary action taken by the Securities and Futures Commission (SFC) over alleged misconduct during a 2009 IPO that the two banks sponsored, or led.

Details of the settlement, the misconduct or grounds for appeal have not been disclosed.

The case, which relates to the 2009 listing of a now defunct Chinese forestry company, was widely seen as a test of increased scrutiny of IPO practices in a city where helping firms list is particularly big business for banks.

The lawyer for the SFC, Jat Sew-Tong, told the three-member Securities and Futures Appeals Tribunal at a brief hearing on Monday that details of the settlement would be released at a later date.

Spokespeople for UBS and Standard Chartered in Hong Kong declined to comment on the latest development. A SFC spokesman said the regulator had nothing to add.

While UBS has not identified the IPO in question and the SFC has not publicly confirmed it, people with direct knowledge of the matter have said it was that of China Forestry.

StanChart, which closed its equity business in 2015, named the deal as China Forestry in regulatory filings since 2016.

The timber merchant raised $216 million in its IPO. Just 14 months after listing, trading of its shares was suspended when its auditor, KPMG, discovered irregularities. The company was subsequently liquidated.

UBS disclosed last year that the SFC proposed to fine it HK$119 million ($15.16 million) and suspend its sponsor license for 18 months for its work on an unnamed IPO – an unprecedented punishment against a top bank in the city.

(Reporting by Alun John; Writing by Sumeet Chatterjee; Editing by Christopher Cushing)

Source: OANN

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US Navy Defies China By Passing Through Taiwan Strait

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Colorado woman awarded $3.6M in excessive force lawsuit

A jury has awarded $3.6 million to a Colorado woman who claimed that deputies used excessive force when they arrested her and later shocked her with a stun gun while she was restrained.

The Denver Post reports the jury awarded the money to Carolyn O'Neal on Wednesday, finding that Fremont County sheriff's deputies violated her right to privacy, used excessive force and retaliated against her.

The sheriff's office did not immediately return the newspaper's call for comment Wednesday.

O'Neal sued the sheriff's office following the May 2014 arrest at the Canon City sober living facility.

Prosecutors later charged O'Neal with resisting arrest and disorderly conduct. A judge dismissed the charges, finding that deputies did not have reason to arrest her.

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Information from: The Denver Post, http://www.denverpost.com

Source: Fox News National

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25 MS-13 gang members deported from migrant caravan in Mexico, officials say

At least 25 gang members affiliated with the MS-13 gang were deported from Mexico after they were revealed to be concealed within the caravan of 1,600 Central American migrants just across the U.S. border, immigration officials said Tuesday.

The caravan first arrived in Piedras Negras, Mexico, two weeks ago across the border from Eagle Pass, Texas when officials from the Instituto Nacional de Migración identified 10 gang members from Mara Salvatrucha, also known as MS-13.

But after warehouse scuffles with police last week, officials discovered and deported 15 additional MS-13 "agitators," INM Media Deputy Director Aline Juarez told Fox News.

In addition to the gang members, a total of 70 central American migrants have been deported to their home countries, while about 1,500 have been granted humanitarian visas to move freely within Mexico.

MIGRANTS BRAVE THE RIO GRANDE, LOOKING TOWARD EAGLE PASS, TEXAS

News of the deportations was first reported by Mexican state news agency Notimex. The news agency reported that deportations came after issues at a shelter in the border city of Piedras Negras.

On Saturday, officials said the shelter where hundreds of Central American migrants have been confined will close by Wednesday.

Coahuila State Public Safety Secretary Jose Luis Pliego told the Associated Press that authorities have taken some 400 migrants to neighboring states such as Nuevo Leon and Tamaulipas to be incorporated into the workforce, while others may seek other options to try to cross into the United States.

Some migrants still at the shelter said they were not being allowed to come and go despite holding the permits, and they hope to leave as soon as possible for fear of possible deportation.

"I don't feel safe here," Donaldo, a Honduran migrant who declined to give his last name, told the AP.

Six-year-old Daniela Fernanda Portillo Burgos sits on the shoulders of her mother, Iris Jamilet, 39, as they look out through the fence of a immigrant shelter in Piedras Negras, Mexico, Tuesday, Feb. 5, 2019.

Six-year-old Daniela Fernanda Portillo Burgos sits on the shoulders of her mother, Iris Jamilet, 39, as they look out through the fence of a immigrant shelter in Piedras Negras, Mexico, Tuesday, Feb. 5, 2019. (Jerry Lara/The San Antonio Express-News via AP)

The migrants have wanted to appear at the U.S. border to apply for asylum, but only about a dozen per day have been allowed to do so.

BORDER AGENTS OVERWHELMED AS TEXAS BEGINS PROCESSING MIGRANT CARAVAN

Last month, border patrol sources told Fox News that authorities arrested more than 100 people believed to be El Salvadorian gang members in the Rio Grande Valley Border Patrol Sector in Texas.

The notorious MS-13 gang that originated in Los Angeles prisons before infiltrating the rest of the U.S. is mainly comprised of El Salvadorans.

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The Rio Grande Valley Sector is where President Trump visited in January amid the partial government shutdown to highlight what he called a crisis of crime and drugs along the southern border.

Agents in the sector patrol an area of over 17,000 square miles in 19 counties, which includes 320 river miles and 250 coastal miles, according to CBP.

Fox News' Griff Jenkins and The Associated Press contributed to this report.

Source: Fox News World

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Multiple people died Thursday when a semitrailer plowed into stationary traffic that resulted in explosions and flames on a Colorado freeway, authorities said.

The incident occurred just before 5 p.m. in the Denver suburb of Lakewood when a truck driver lost control while traveling east on Interstate 70, according to a preliminary investigation. The collision started a chain reaction and a diesel fuel spill, Lakewood police spokesman Ty Countryman told the Denver Post.

“This is looking to be one of the worst accidents we’ve had here in Lakewood,” he said.

The driver of the runaway truck survived. At least one truck was carrying lumber, another was hauling gravel and the third may have been carrying mattresses, KDVR-TV reported.

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Lakewood police tweeted there were multiple fatalities but did not give a specific number. Six people were taken to a hospital. Their conditions were not released, according to the paper.

Lanes in both directions were closed and expected to remain so into Friday morning.

Source: Fox News National

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President Trump will address members and leaders of the National Rifle Association on Friday at the group’s annual convention in Indiana.

Around 80,000 gun enthusiasts and more than 800 exhibitors are expected to pack the Indiana Convention Center in Indianapolis for the three-day event, the Indianapolis Star reported. It will mark the third straight year that Trump will deliver the keynote address, where he is expected to champion the rights of gun owners.

“Donald Trump is the most enthusiastic supporter of the Second Amendment to occupy the Oval Office in our lifetimes,” Chris Cox, executive director of the NRA’s Institute for Legislative Action (ILA), said in a statement. “President Trump’s Supreme Court appointments ensure that the Second Amendment will be respected for generations to come. Our members are excited to hear him speak and thank him for his support for our Right to Keep and Bear Arms.”

“Donald Trump is the most enthusiastic supporter of the Second Amendment to occupy the Oval Office in our lifetimes.”

— Chris Cox, executive director, NRA’s Institute for Legislative Action

COLORADO ENACTS ‘RED FLAG’ LAW TO SEIZE GUNS FROM THOSE DEEMED DANGEROUS, PROMPTING BACKLASH

President Donald Trump speaks at the National Rifle Association annual convention in Dallas last year. (Associated Press)

President Donald Trump speaks at the National Rifle Association annual convention in Dallas last year. (Associated Press)

Trump and Vice President Mike Pence spoke at last year’s convention in Dallas. During his speech, Trump assured gun owners that he would protect their Second Amendment rights, according to the paper.

“Your Second Amendment rights are under siege,” Trump told the cheering audience in Dallas. “But they will never, ever be under siege as long as I am your president.”

Trump has supported some gun control measures in the past. Last year, his administration imposed a ban on bump stocks, attachments that enable semiautomatic rifles to fire in rapid bursts. Although, he most recently threatened to veto two Democratic gun control bills.

This year’s convention comes as the NRA faces outside pressure and internal problems. The group has seen its legislative agenda stall amid a series of mass shootings — including a massacre at a Parkland, Fla., high school in February 2018 that left 17 dead and launched a youth movement against gun violence.

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It’s also grappling with infighting in its ranks, money problems and investigations into whether Russian agents courted officials and funneled money through the group.

“I’ve never seen the NRA this vulnerable,” said John Feinblatt, president of Everytown for Gun Safety, a nonprofit that advocates for gun control measure.

The convention will run through the weekend and conclude Sunday.

The Associated Press contributed to this report.

Source: Fox News Politics

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FILE PHOTO: Shoppers walk past the Debenhams department store on Oxford Street in London
FILE PHOTO: Shoppers walk past the Debenhams department store on Oxford Street in London, Britain December 15, 2018. REUTERS/Simon Dawson

April 26, 2019

(Reuters) – Ailing British retailer Debenhams said two proposed company voluntary arrangements (CVA) could see all its stores remaining open during 2019, with 22 closures planned for next year, putting about 1,200 jobs at risk.

Debenhams’ lenders took control of the retailer earlier this month in a process designed to keep its shops open at the expense of shareholders.

(Reporting by Noor Zainab Hussain in Bengaluru; editing by Gopakumar Warrier)

Source: OANN

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FILE PHOTO: Xiaomi branding is seen on a carrier bag at a UK launch event in London
FILE PHOTO: Xiaomi branding is seen on a carrier bag at a UK launch event in London, Britain, November 8, 2018. REUTERS/Toby Melville

April 26, 2019

BENGALURU (Reuters) – Chinese brands controlled a record 66 percent of Indian smartphone market in the first quarter, led by Xiaomi Corp, a report showed, with volumes rising 20 percent on the back of popularity for brands like Vivo, RealMe and Oppo.

Xiaomi’s India shipments fell by 2 percent over last year, but the Beijing-based company was still the biggest smartphone brand in the country, followed by Samsung Electronics Co Ltd, according to Hong-Kong based Counterpoint Research.

Shipment volumes for Vivo jumped 119 percent, while those of Oppo rose 28 percent.

“Vivo’s expanding portfolio in the mid-tier range ($100 to $180) drove its growth along with aggressive Indian Premier League cricket campaign,” Counterpoint analysts said.

India is the world’s fastest growing market for smartphones, where affordable pricing coupled with features like “selfie” cameras and big screens have popularized Chinese brands.

Video streaming services like Netflix Inc and Hotstar, as well as heavy usage of messaging apps like Facebook Inc’s WhatsApp have further spurred demand.

“Data consumption is on the rise and users are upgrading their phones faster as compared to other regions,” Counterpoint’s Tarun Pathak said.

“As a result of this, the premium specs are now diffusing faster into the mid-tier price brands. We estimate this trend to continue leading to a competitive mid-tier segment in coming quarters.”

(Reporting By Arnab Paul in Bengaluru; Editing by Subhranshu Sahu)

Source: OANN

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Good morning and welcome to Fox News First. Here’s a look at what you need to know today …

EXCLUSIVE: Trump says ‘Sleepy Joe’ Biden doesn’t have what it takes

President Trump, in a wide-ranging, exclusive phone interview with Fox News’ Sean Hannity, dismissed the launch of former Vice President Joe Biden’s presidential campaign, nicknaming him “Sleepy Joe” and saying he’s “not the brightest bulb.” Biden, the president said, has name recognition but he won’t “be able to do the job.” When asked about Sen. Bernie Sanders, I-Vt., Trump criticized his record, saying Sanders had “misguided energy” and asserted that Sanders “talks a lot” but hasn’t accomplished anything. The president referred to former U.S. Rep. Beto O’Rourke of Texas as “a fluke” who had lost much momentum and outright dismissed Sen. Kamala Harris, D-Calif., and South Bend, Ind., Mayor Pete Buttigieg — although he said he was “rooting” for Buttigieg. (Trump could address Biden and the other Democratic presidential candidates when he speaks today before the National Rifle Association.)

The Democratic Party’s youth movement: Biden’s biggest challenge?
Former Democratic National Committee (DNC) chair Howard Dean warned Joe Biden about the troubles he may face in his presidential campaign, especially from the “35-year-olds” who Dean says have been running the party — a clear nod to Rep. Alexandria Ocasio-Cortez, D-N.Y., and fellow freshmen Democrats. “This is a very different party than even the party Joe Biden ran in in 2012. Very different,” Dean continued. “A lot of people could win this race. There’s 20 people in there. I think it’s going to take $20 million to get to the starting line. If you can’t raise $20 million, you’re gone, and I think that’s going to take care of about six or eight of these folks. … But it is not the same party that it was five years ago.” A progressive political group that boosted Ocasio-Cortez’s bid for Congress last year vowed to oppose Biden and blasted him as part of the “old guard.”

More tales from the FBI texts
Text messages between former FBI officials Peter Strzok and Lisa Page indicate they discussed using briefings to the Trump team after the 2016 election to identify people they could “develop for potential relationships,” track lines of questioning and “assess” changes in “demeanor” – language one GOP lawmaker called “more evidence” of irregular conduct in the original Russia probe. Fox News has learned the texts, initially released in 2018 by a Senate committee, are under renewed scrutiny, with GOP Sen. Chuck Grassley and Homeland Security Committee chair Ron Johnson sending a letter Thursday night to Attorney General Bill Barr pushing for more information on the matter. President Trump, speaking on Fox News’ “Hannity” Thursday night, responded to this report by accusing Strzok and Page of an attempted “coup.” “They were trying to infiltrate the administration,” he said.

Kim accuses US of acting in ‘bad faith’
North Korean leader Kim Jong Un, fresh off his summit with  Russian President Vladimir Putin, said the U.S. has been acting in “bad faith” since his Hanoi meeting with President Trump over the stalemated issue of North Korean denuclearization. The North Korean leader told the Korean Central News Agency that, “the situation on the Korean Peninsula and the region is now at a standstill and has reached a critical point,” the Straits Times of Singapore reported. Kim warned that the situation “may return to its original state as the U.S. took a unilateral attitude in bad faith at the recent second DPRK-US summit talks,” the Korean Central News Agency added.

NFL Draft 2019: It’s all about defense
The first round of the 2019 NFL Draft saw a run on defensive players, with eight of the top 12 picks in Nashville coming from that side of the ball. After Oklahoma quarterback Kyler Murray was taken first overall by the Arizona Cardinals, the San Francisco 49ers started a run of four straight front-seven players by taking Ohio State defensive end Nick Bosa with the second overall pick — the highest draft slot for any Buckeye since left tackle Orlando Pace went No. 1 overall to the St. Louis Rams in 1997.

CLICK HERE TO GET THE FOX NEWS APP.

TODAY’S MUST-READS
Fox News’ Ed Henry recalls spending time with Celtics great John Havlicek.
Massachusetts judge accused of helping illegal immigrant evade ICE pleads not guilty.
Rosenstein slams Obama administration for choosing ‘not to publicize full story’ of Russia hacking.
F.H. Buckley: What Democrats have forgotten about citizenship.

MINDING YOUR BUSINESS
Amazon crushes earnings expectations, but revenue growth slows.
Low-tax states among best places to make a living in 2019.
Construction job market booming: These states are hiring.

#TheFlashback
2018: Bill Cosby is convicted of drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia mansion in 2004; it is the first big celebrity trial of the #MeToo era.
1986: An explosion and fire at the Chernobyl nuclear power plant in Ukraine causes radioactive fallout to spew into the atmosphere. (Dozens of people are killed in the immediate aftermath of the disaster while the long-term death toll from radiation poisoning is believed to number in the thousands.)
1977: Notorious nightclub Studio 54 opens in New York.

SOME PARTING WORDS

Watch the “Special Report” panel take a look at former Vice President Joe Biden’s decision to run for president a third time and the battle for the “soul” of America.

Not signed up yet for Fox News First? Click here to find out what you’re missing.

CLICK HERE to find out what’s on Fox News programming today and over the weekend!

Fox News First is compiled by Fox News’ Bryan Robinson. Thank you for joining us! Have a good day and weekend! We’ll see you in your inbox first thing Monday morning.

Source: Fox News National

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