An Illinois appellate court ruled Wednesday that a former deputy sheriff charged with the death of Sonya Massey, a 36-year-old Black woman shot in her home after she called police for help, should be released from jail pending his first-degree murder trial.
The 4th District Appellate Court’s unanimous decision found that a circuit court ruling in July that Sean Grayson should be detained was improper. It said prosecutors failed to supply sufficient evidence that there were no conditions the court could set that would lessen the danger Grayson posed to the community.
The case has drawn national attention as another example of police shooting Black people in their homes. Such are the tensions over the case that it was little surprise when Circuit Judge Ryan Cadagin ordered Grayson held, finding his actions were a “departure from the expectations of civil society.”
The case forced the premature retirement of Sangamon County Sheriff Jack Campbell, who hired Grayson, and prompted a Justice Department investigation.
In his opinion for the court, Justice Eugene Doherty found fault with prosecutors for basing their arguments against release on Grayson’s failures to meet expectations during the shooting.
“When the question before the court is whether defendant can be safely released prior to trial on appropriate conditions, it is inappropriate to dwell on whether he fell short of the high expectations society rightly has for its law enforcement officers,” Doherty wrote. “A defendant’s conduct may be reprehensible and deserving of punishment, but that is an inappropriate basis for imposing pretrial detention.”
The opinion ordered a court hearing for Grayson at which suitable conditions for his release be set.
Grayson’s next court hearing is scheduled for Monday. It’s unlikely he will be released immediately. There are actions the state can take, including appealing the appellate court’s ruling.
Two New Hampshire fathers who were barred from school district events for wearing pink wristbands marked “XX” to represent female chromosomes insisted at a federal court hearing Thursday that they didn’t set out to harass or otherwise target a transgender soccer player at the game they attended.
But a judge hearing the case suggested the message the parents sent may matter more than their intentions.
Kyle Fellers and Anthony Foote sued the Bow school district after being banned from school grounds for wearing the wristbands at their daughters’ soccer game in September. The no-trespass orders have since expired, but a judge is deciding whether the plaintiffs should be allowed to wear the wristbands and carry signs at upcoming school events, including basketball games, swim meets and a music concert, while the case proceeds.
Testifying at Thursday’s hearing, both men said that they did not view the wristbands as a protest against Parker Tirrell, a transgender girl on the opposing team, but rather as a show of support for their daughters and their teammates. U.S. District Court Judge Steven McAuliffe questioned whether there is a meaningful distinction and whether their intentions matter.
“Sometimes the message you think you’re sending might not be the message that is being sent,” he said.
McAuliffe asked Foote whether it occurred to him that a transgender person might interpret the pink XX wristbands as an attempt to invalidate their existence.
“If he’s a trans female, pink might be a color he likes,” Foote said.
McAuliffe also noted that while both plaintiffs said they had no problem with transgender people outside the issue of sports, they repeatedly referred to the athlete in question as a boy.
“You seem to go out of your way to suggest there’s no such thing as a trans girl,” McAuliffe said. Foote disagreed, saying it was “like learning a new language” to refer to transgender people.
In a separate courtroom earlier Thursday, another judge held a hearing on a lawsuit brought by Parker Tirrell and another student challenging the state law that bans transgender athletes in grades 5 to 12 from teams that align with their gender identity. It requires schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.”
U.S. District Court Chief Judge Landya McCafferty ruled earlier this year that the teens can try out for and play on girls school sports teams. The order only applies to those two individuals for now as they seek to overturn the Fairness in Women’s Sports Act on behalf of all transgender girl students in New Hampshire.
Lawyers for the teens said in court Thursday they hoped the matter could go to trial and be resolved before the start of the next school year in September. They said the teens’ school districts and others in the state have asked for guidance regarding the statute. Lawyers for the state said they needed more time to prepare.
Judge Talesha Saint-Marc suggested the timing of the trial was ambitious and asked that both sides talk further about scheduling. Gov. Chris Sununu, who signed the Fairness in Women’s Sports Act into law in July, has said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” About half of states have adopted similar measures.
Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.
The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.
McCormick’s campaign called it a “massive setback” for Casey.
The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.
In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”
It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.
Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.
The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.
As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.
Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.
Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.
The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.
Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.
Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.
A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.
His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond. intervene after the Cook County state's attorney initially dropped charges.
The Illinois Supreme Court on Thursday overturned actor Jussie Smollett's conviction on allegations that he staged a racist and homophobic attack against himself in downtown Chicago in 2019 and lied to police.
Smollett's appeal argued that a special prosecutor should not have been allowed to intervene after the Cook County state's attorney initially dropped charges. The state's highest court heard arguments in September.
Smollett, who is Black and gay, claimed two men assaulted him, spouted racial and homophobic slurs and tossed a noose around his neck, leading to a massive search for suspects by Chicago police detectives and kicking up an international uproar. Smollett was on the television drama "Empire," which filmed in Chicago, and prosecutors alleged he staged the attack because he was unhappy with the studio's response to hate mail he received.
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A jury convicted him of five counts of disorderly conduct in 2021. Smollett has maintained his innocence.
His attorneys have argued that the case was over when the Cook County state's attorney's office dropped an initial 16 counts of disorderly conduct after Smollett performed community service and forfeited a $10,000 bond.
Republicans and Democrats awaited the outcome of vote-counting for crucial U.S. House districts in California on Wednesday, as the GOP clinched majority control of the chamber next year with a race call in neighboring Arizona.
In a rematch from 2022, Rep. Ken Calvert — the longest-serving Republican in the state’s congressional delegation — defeated rival Democrat Will Rollins in the 41st District, which lies east of Los Angeles and was a top target for national Democrats.
In Southern California’s Orange County, Democrat Dave Min defeated Republican Scott Baugh in a closely divided swing district, ending Baugh’s bid to seize the seat being vacated by Democratic Rep. Katie Porter in what was once a conservative stronghold.
The 47th District, southeast of Los Angeles, was a top target for national Republicans looking to protect and possibly expand the their narrow majority.
Calvert, who was backed by President-elect Donald Trump, claimed his 17th term in a district narrowly carried by Trump in 2020.
“This is a hard-fought victory that shows voters want someone who will put results above partisan politics,” Calvert said in a post on the social platform X.
Min, also posting on X, said that in Congress he will “fight to protect our democracy, safeguard our freedoms and expand economic opportunity.”
Baugh said on the same platform that “despite running a strong campaign … that effort is going to come up a little short.”
On Tuesday, Republican Rep. David Valadao’s victory in California’s 22nd District moved Republicans within two wins of retaining the House gavel, with the tally 216-207 in favor of the GOP, as counting continued in a sliver of races across the country.
With Calvert’s win, the Republican tally reached 217. That became 218 on Wednesday night, securing a majority margin, as Rep. Juan Ciscomani won reelection to a seat representing southeastern Arizona. Some squeaker races remained in play in California.
In the 45th District, anchored in Orange County, Republican Rep. Michelle Steel’s lead over Democrat Derek Tran was whittled down to a few hundred votes as counting continued.
California is known as a liberal protectorate — Democrats hold every statewide office, dominate the Legislature and congressional delegation and outnumber registered Republicans by a staggering 2-1 ratio. Still, Republicans retain pockets of political clout in the Southern California suburbs and vast rural stretches, including the Central Valley farm belt.
Orange County was once considered conservative holy ground, where white, suburban homeowners delivered winning margins for Republicans year after year. It was a foundational block in the Reagan revolution. But the county has become more demographically diverse and Democratic over time, like much of the state.
The 47th District, which includes Huntington Beach and other famous surf breaks, has been occupied by Porter, a progressive favorite who in 2022 narrowly defeated Baugh, a former Republican legislator. Porter, known for grilling CEOs during Capitol Hill hearings, stepped aside to run for U.S. Senate, but lost in the primary.
Given the stakes in the closely divided district, the contest was especially rancorous. Min ads called Baugh a “MAGA extremist” who would endanger abortion rights. Baugh said Min’s “extreme liberal views” were out of step with the district.
