SMITH COUNTY— A Tyler man has been arrested for murder after a body was discovered that was later ruled as fentanyl overdose. According to our news partner KETK, Smith County Sheriff’s Office was called to a residence on CR 490, between Swan and Lindale. On their arrival, deputies were told the body of Michael Crone was found by a roommate lying on the floor of their residence.
The sheriff’s office said, “During the investigation, deputies observed a small piece of tin foil just inside the sink in the bathroom which contained what appeared to be a partially burned substance. Also located within the same area was a paper rolled which appeared to be utilized as a straw.”
Detectives determined that Crone’s phone was missing and alongside the narcotics found at the residence, led them to believe the phone contained “information regarding his death.” Investigators also felt that the phone was destroyed to hinder the death investigation. Continue reading Tyler man charged with murder in fentanyl overdose
(WASHINGTON) -- Even though former Rep. Matt Gaetz has withdrawn from consideration to be President-elect Donald Trump's attorney general, Illinois Democratic Rep. Sean Casten said Thursday that he'll continue to try to compel the House Ethics Committee to release its report on Gaetz.
“While I welcome the news that Matt Gaetz is withdrawing from consideration for Attorney General, it remains important that the Gaetz report be made available to the American people,” Casten said in a statement.
Casten and Rep. Steve Cohen of Tennessee introduced privileged resolutions on Wednesday to try to force the committee to release the report after the Ethics Committee voted along party lines not to disclose it. Under House rules, once a privileged resolution is introduced, the House must take it up within two legislative days. Republicans have the majority in the House and leadership will decide when the resolution is brought up for a vote. Republicans will attempt to block the effort but it's not yet clear how this could play out.
In an interview with ABC News Live on Thursday, Kasten pushed back on accusations that continuing to seek the report's release was partisan. He said a precedent had already been set for Ethics to continue its efforts, pointing to the case of former Democratic Rep. Eric Massa, who resigned from the House in 2010 amid accusations he had groped members of his staff. Despite Massa's resignation, the Ethics Committee voted to reauthorize its investigation the following year.
The Ethics Committee was investigating allegations that Gaetz engaged in sexual misconduct, illicit drug use, shared inappropriate images or videos on the House floor, misused state identification records, converted campaign funds to personal use, and/or accepted a bribe, improper gratuity, or impermissible gift.
"No workplace would allow that information to be swept under the rug simply because someone resigned for office," Casten said. "It matters for the integrity of the law, it matters for the integrity of this House and it matters for the respect that we expect the American people to give us that those of us entrusted with this job will uphold the United States as a land where all are treated equally under the law."
On Thursday, Cohen posted on X that the Ethics Committee will have another chance to release the report when it meets in December. "I hope they'll do the right thing. But we can't count on it. That's why I introduced a resolution yesterday to force the release of the report," he wrote.
Speaker Mike Johnson has opposed releasing the report, saying that the Ethics Committee customarily drops its investigations once a member has left Congress. Gaetz resigned last week shortly after Trump announced his intention to nominate him for ABC. Johnson said Thursday the House will take up the resolutions after it returns from its Thanksgiving break.
House Democratic leader Hakeem Jeffries said “Yes” when asked if the report should be public, so it's likely the Democratic caucus will stand behind the efforts to force the report's release.
(NEW YORK) -- The college financial aid application used by millions of American families is now officially open for the 2025-2026 school year -- 10 days ahead of schedule.
Top officials from the Department of Education said on a call with reporters Thursday they're "confident" in this year's FAFSA form after the botched rollout of a new form last year led to delays and glitches for students seeking financial aid.
What do I need to know about applying for financial aid?
The Free Application for Federal Student Aid, or FAFSA, form is the main gateway for students and their families to qualify for financial aid through the federal government. It helps determine access to aid packages from colleges and universities, Pell grants and other loans.
The first step is for students and their parents to create an FSA ID, which can take several days to be approved. The application itself should then take about 15 minutes to complete, Department of Education officials estimated to ABC News. Though last year officials were overly optimistic about the timeline to fill out the form.
Most of the information required on the application are basic questions like your name, address and schools you are interested in attending, officials said.
The FAFSA must be completed every year students are enrolled in school.
Why was last year's FAFSA rollout such a disaster?
In 2023, the Department of Education overhauled the form for the first time in 40 years. It was part of a mandate from Congress to streamline the application, making it simpler and faster to fill out.
Changes to the FAFSA formula also allowed more students to qualify for Pell grants -- awards from the federal government that do not need to be repaid.
But the rollout was plagued by constant errors and delays, ultimately resulting in fewer students applying for financial aid.
About 430,000 fewer students -- mainly from low and middle-income families -- took advantage of the FAFSA last year because of the Department of Education's failures, according to a September report by the Government Accountability Office.
The report also found that nearly three out of every four calls to the Department of Education's call center went unanswered during the first five months of the rollout due to understaffing.
Responding to the new FAFSA rollout Thursday, House Education and Workforce Committee Chair Virginia Foxx, one of the Biden Education Department's loudest critics, said she was glad the form was out, but "the Education Department now needs to ensure that the processing of applications is accurate, that missing capabilities are implemented quickly, and that future applicants never have to deal with this sort of botched rollout."
How will the financial aid process be better this year?
This year's form already went through four rounds of "beta testing," with about 167,000 students submitting their applications.
"Simply put: the 2025-2026 FAFSA form is ready for prime time and is available both online and on paper," Education Secretary Miguel Cardona told reporters Thursday.
The Department of Education said it has boosted staffing at its call centers by nearly 80% compared to last year. It added more than 700 agents since January -- with an additional 255 agents coming on board over the next few weeks as applications ramp up.
Starting Friday, it will also expand the opening hours for call centers for families seeking help with their FAFSA forms -- from 8 a.m. to 10 p.m. ET on weekdays and noon to 5 p.m. ET on Saturdays.
Officials said they expect to see a "surge of users today" after the announcement that the form is live, which could result in delayed wait times.
(WASHINGTON) -- Top officials from the FBI and Department of Homeland Security on Thursday drew bipartisan fire for declining to testify in public at a Senate hearing on "worldwide threats" and instead offering to testify in a classified setting.
Both Democrats and Republicans on the Senate Homeland Security Committee expressed anger at what they called Homeland Security Secretary Alejandro Mayorkas and FBI Director Christopher Wray's "refusal" to testify in public.
"In a shocking departure from the Homeland Security and Governmental Affairs Committee's longstanding tradition of transparency and oversight of the threats facing our nation, for the first time in more than 15 years, the Homeland Security and FBI Director have refused to appear before the Committee to provide public testimony at our annual hearing on Threats to the Homeland," Chairman Gary Peters, a Michigan Democrat, said in a statement.
Peters said it was "their choice" to not provide public testimony for the American people.
"Americans deserve transparency, public answers about the threats we face," Peters said.
Sen. Josh Hawley, a Missouri Republican, went a step further and said he "looked forward to Director Wray's resignation."
"This is Mayorkas & Wray giving the middle finger to the American people," he tweeted.
While it wasn't immediately clear specifically why they declined to testify in public, a Homeland Security spokesperson said in a statement that Mayorkas has appeared before Congress more than 30 times.
"DHS and the FBI have offered to the Committee a classified briefing to discuss the threats to the Homeland in detail, providing the Committee with the information it needs to conduct its work in the months ahead," a the spokesperson said in a statement. "DHS and the FBI already have shared with the Committee and other Committees, and with the American public, extensive unclassified information about the current threat environment, including the recently published Homeland Threat Assessment."
The FBI said in a statement they've "repeatedly" showed their commitment to being transparent with the American people.
"We remain committed to sharing information about the continuously evolving threat environment facing our nation and the extraordinary work the men and women of the FBI are doing -- here at home and around the world -- to protect the American people and uphold the Constitution of the United States," according to an FBI statement. "FBI leaders have testified extensively in public settings about the current threat environment and believe the Committee would benefit most from further substantive discussions and additional information that can only be provided in a classified setting."
President-elect Trump is moving a warp speed to fill out his administration.
Top Democrats, the legacy media and most of the permanent Washington bureaucracy are aghast. The reaction of Sidney Blumenthal, a senior advisor to Bill Clinton, is fairly typical. He said in a Wednesday op-ed in The Guardian:
Trump’s cabinet picks are agents of his contempt, rage and vengeance.”
Well, Sid, that’s a bit much don’t you think? But I’ll give you this. Trump’s picks this go-around constitute a clear departure. Missing are the likes of Jim Baker, Bill Barr, Dick Cheney, Jeff Sessions and Josh Bolten – all central casting Washington establishment types – that served in either or both of the last two Republican administrations.
This crowd is different. I’m going to call them “The Disrupters.” Trump is trying to create a quasi-superhero force to turn Washington on its head. And I have news for you, Sidney. The implicit promise in the Trump campaign of such disruption is exactly why he won the election.
The American people have had it with Washington-as-usual.
Is America’s education of its youth better than it was when the Department of Education was formed in 1979? (Don’t answer. It’s a rhetorical question.)
The motto of the Department of Health & Human Services is, “Improving the health, safety and well-being of America.” Are we healthier, safer and more well than when the department was formed in 1980? Another question that answers itself.
Starting under Obama the Department of Justice has transformed itself into something resembling the STASI of East Germany. Do you feel confident that we still have ‘equal justice under the law?’
We can pretty much go department by department and ask similar questions and get similar answers about each.
The Congressional Budget Office reported recently that at least 1,264 federal agencies and bureaus have expired authorizations yet still received a total of $516 billion in funding in fiscal year 2024.
There are 2.2 million civilian federal employees, which makes the executive branch of the United States government the largest civilian employer in the country and among the top three in the world. (Wal-Mart and Amazon are bigger only if you count their overseas employees.) Most of those federal employees were sent home during COVID and most of them have stayed home, despite being ordered by President Biden to return to the office. As a result, according to the Government Accountability Office, 17 of the 24 largest federal agencies use on average only 25 percent of the office space that you and I are paying for.
I have news for Sid Blumethal and his fellow travelers. Cleaning this up (and there’s so much more of it) is what the American people hired Donald Trump to do.
So, I’m onboard with The Disrputers. Their arrival is long overdue. The swamp creatures are going to resist The Disupters with everything they have. Victory is by no means assured.
But Trump’s cabinet lineup this time sends a clear signal that the battle to drain the swamp will be fully joined.
DALLAS (AP) — More than 60 years after President John F. Kennedy was assassinated, conspiracy theories still swirl and any new glimpse into the fateful day of Nov. 22, 1963, in Dallas continues to fascinate.
President-elect Donald Trump promised during his reelection campaign that he would declassify all of the remaining government records surrounding the assassination if he returned to office. He made a similar pledge during his first term, but ultimately bended to appeals from the CIA and FBI to keep some documents withheld.
At this point, only a few thousand of the millions of governmental records related to the assassination have yet to be fully released, and those who have studied the records released so far say that even if the remaining files are declassified, the public shouldn’t anticipate any earth-shattering revelations.
“Anybody waiting for a smoking gun that’s going to turn this case upside down will be sorely disappointed,” said Gerald Posner, author of “Case Closed,” which concludes that assassin Lee Harvey Oswald acted alone.
Friday’s 61st anniversary is expected to be marked with a moment of silence at 12:30 p.m. in Dealey Plaza, where Kennedy’s motorcade was passing through when he was fatally shot. And throughout this week there have been events marking the anniversary.
Nov. 22, 1963
When Air Force One carrying Kennedy and first lady Jacqueline Kennedy touched down in Dallas, they were greeted by a clear sky and enthusiastic crowds. With a reelection campaign on the horizon the next year, they had gone to Texas on political fence-mending trip.
But as the motorcade was finishing its parade route downtown, shots rang out from the Texas School Book Depository building. Police arrested 24-year-old Oswald and, two days later, nightclub owner Jack Ruby fatally shot Oswald during a jail transfer.
A year after the assassination, the Warren Commission, which President Lyndon B. Johnson established to investigate the assassination, concluded that Oswald acted alone and there was no evidence of a conspiracy. But that hasn’t quelled a web of alternative theories over the decades.
The collection
In the early 1990s, the federal government mandated that all assassination-related documents be housed in a single collection in the National Archives and Records Administration. The collection of over 5 million records was required to be opened by 2017, barring any exemptions designated by the president.
Trump, who took office for his first term in 2017, had boasted that he’d allow the release of all of the remaining records but ended up holding some back because of what he called the potential harm to national security. And while files have continued to be released during President Joe Biden’s administration, some still remain unseen.
The documents released over the last few years offer details on the way intelligence services operated at the time, and include CIA cables and memos discussing visits by Oswald to the Soviet and Cuban embassies during a trip to Mexico City just weeks before the assassination. The former Marine had previously defected to the Soviet Union before returning home to Texas.
Mark S. Zaid, a national security attorney in Washington, said what’s been released so far has contributed to the understanding of the time period, giving “a great picture” of what was happening during the Cold War and the activities of the CIA.
Withheld files
Posner estimates that there are still about 3,000 to 4,000 documents in the collection that haven’t yet been fully released. Of those documents, some are still completely redacted while others just have small redactions, like someone’s Social Security number.
There are about 500 documents where all the information is redacted, Posner said, and those include Oswald’s and Ruby’s tax returns.
“If you have been following it, as I have and others have, you sort of are zeroed in on the pages you think might provide some additional information for history,” Posner said.
Trump’s transition team hasn’t responded to questions this week about his plans when he takes office.
A continued fascination
From the start, there were those who believed there had to be more to the story than just Oswald acting alone, said Stephen Fagin, curator of the Sixth Floor Museum at Dealey Plaza, which tells the story of the assassination from the building where Oswald made his sniper’s perch.
“People want to make sense of this and they want to find the solution that fits the crime,” said Fagin, who said that while there are lingering questions, law enforcement made “a pretty compelling case” against Oswald.
Larry J. Sabato, director of the University of Virginia Center for Politics, said his interest in the assassination dates back to the event itself, when he was a child.
“It just seemed so fantastical that one very disturbed individual could end up pulling off the crime of the century,” Sabato said. “But the more I studied it, the more I realized that is a very possible, maybe even probable in my view, hypothesis.”
A once long-dormant volcano in Iceland is erupting again and impacting activity in a populated region nearby.
The volcano, on the Reykjanes peninsula in southwestern Iceland, began erupting at Sundhnukar on Wednesday night and peaked at about 2 a.m. local time Thursday, according to the Icelandic Meteorological Office. It has prompted evacuations at the Blue Lagoon, an iconic tourist destination, and the nearby town of Grindavik.
West Iceland's volcano is a rift activity volcano, which involves the earth being pulled apart in two different directions through the Mid-Atlantic Ridge, rather than a cone erupting magma through a central pipe, Thomas Algeo, a professor of earth sciences at the University of Cincinnati, told ABC News. The style of eruption is "much less dangerous, because most of the activity involves slow moving basaltic lava flows," he added.
"It's a style of volcanic activity that is effusive, slow flowing, not violently eruptive, like would be the case with a subduction zone volcanic system" Algeo said.
The fissure that was created on Wednesday night stretched about 1.8 miles long, according to the country's meteorological office. This is the volcano's seventh eruption this year, according to Iceland's Department of Civil Protection and Emergency Management.
These types of eruptions are "spectacular" sights, because once a fissure opens up, a large supply of magma oozes out, Tobias Fischer, director of the Volatiles Laboratory at the University of New Mexico, told ABC News.
The eruption activity is "typical" for these types of systems, said Shawn Willsey, a geology professor College of Southern Idaho who has been conducting livestream tours using drones above the lava flows on YouTube. Once the lava erupts, the pressure is relieved and magma starts to fill into the shallow storage zone below -- repressurizing the system and setting the stage for the next eruption, Willsey said.
"It's known that this region goes through these episodes where there are a lot of these eruptions," said Fischer, who has flown drones into eruption gas clouds to collect samples and analyze the composition of the carbon for his research.
By Thursday afternoon, the lava had reached the parking lot of the Blue Lagoon and consumed a service building, The Associated Press reported. There is no danger to the area, and the flights out of the Keflavik International Airport have not been affected, according to the civil protection agency.
Gas emitted from the eruption is expected to move south and out to sea, according to emergency officials.
Video taken from Grindavik show rivers of fast-moving lava flowing from the rift zones, where the lava can be seen spewing from the ground.
The ongoing eruption is "significantly smaller" than the eruption that took place in August, according to the meteorological agency.
Iceland is known as a "hot spot" for volcanic activity, Algeo said.
There are 32 active volcano systems in the region spread across three rift zones spread to the north, south and west -- all part of the Mid-Atlantic Ridge, a mountain range that mostly runs down the middle of the Atlantic Ocean.
But in Iceland, the mountain range comes above the ocean certain due to "an excessively high production of magma in that area," Algeo said.
Iceland's western rift zone, also known as the Reykjanes-Langjökull rift zone, was active prior to the 13th century. These types of eruptions tend to have every 1,000 or so years, Fischer said,
"The big question is, is this going to continue on for centuries?" Willsey said.
In 2021, the volcano in western Iceland became active again. There have been 10 eruptions since there, seven of which have occurred in 2024, according to Icelandic officials said.
During the last 800 years, the majority of volcanic activity were in the north and east volcanic zones -- both lightly populated regions, Algeo said. But western Iceland, which includes the capital of Reykjavik, is highly populated.
"They were in a nice little valley up in the mountains, and so that lava was pretty well contained," Willsey said, adding that lava in those regions are "tourist-friendly" eruptions that can be enjoyed with little threat.
The recent eruptions in western Iceland have damaged infrastructure and property and forced residents to relocate, according to AP.
Previous eruptions throughout history have caused destruction in Iceland, Algeo said.
A large eruption that took place in 1783, known as the Laki eruption, is one of the worst in recorded history. It spewed so much toxic volcanic gasses across the landscape that it killed off most of the local farm animals and reduced the harvest, leading to starvation for about 25% of the population, Algeo said.
Eruptions on the Reykjanes peninsula in December 2023 triggered toxic gas warnings, causing emergency managers to fear that the pollution would spread to the capital.
A disruptive eruption at the Eyjafjallajokull volcano in 2010 disrupted trans-Atlantic air travel for months due to ash being spewed into the air.
Yellowstone creator Taylor Sheridan's other hit show, Tulsa King, could reportedly be headed to a third and fourth season -- and beyond.
According toVariety, star and executive producer Sylvester Stallone is nearing a deal for at least two more seasons of the Paramount+ series, which has him starring as a displaced East Coast mob boss out of water in Oklahoma.
That said, there's no official word from the streamer, and the series has yet to be renewed.
Tulsa King also stars Andrea Savage, Garrett Hedlund, Vincent Piazza, Martin Starr, Dana Delany and Annabella Sciorra. Yellowstone vet Neal McDonough and Marvel movie baddie Frank Grillo joined for the current second season.
(NEW YORK) -- The 2024 Macy's Thanksgiving Day Parade may be an attractive target for both foreign and domestic terroristic violence, according to a joint threat assessment obtained by ABC News.
Among the most significant threats facing the nation's largest Thanksgiving celebration "stems from lone offenders and small groups of individuals seeking to commit acts of violence," according to the report put out by multiple law enforcement agencies, including the FBI and New York Police Department.
There is not a "specific, actionable threat," but the document raises a particular concern about vehicle ramming, which "has become a recurring tactic employed by threat actors" looking to target crowded pedestrian areas. The NYPD will have sanitation trucks and other so-called "blocker vehicles" deployed along the route, the report states.
The 98th annual parade steps off at 8:30 a.m. on Manhattan's Upper West Side and proceeds along a 2 1/2-mile route toward Herald Square.
The parade is expected to draw 2 million spectators and 10,000 participants.
There are 17 featured character balloons, 22 floats, 15 heritage and novelty balloons, more than 700 clowns, 11 marching bands, 10 performance groups and, of course, Santa Claus to close it out. There are six new featured character balloons, including Disney's Minnie Mouse and Marvel's Spider-Man.
"Though the 2024 Macy's Thanksgiving Day Parade event will provide a broad set of potential soft targets for an attack, congested areas where the largest amount of people gather -- particularly designated viewing areas -- are likely the most vulnerable spots for a mass casualty attack," the assessment said.
After pro-Palestinian protesters glued their hands to the pavement along the parade route last year, law enforcement agencies said they "remain concerned that malicious actors may seek to engage in public safety disruptions, including attempting to block ingress and egress paths and roadways around the event and major transportation locations."
AUSTIN (AP) – The University of Texas System is expanding its free tuition program so undergraduate students whose families make $100,000 or less will receive free tuition and fees starting next fall.
A committee of the UT Board of Regents gave preliminary approval to expand the Promise Plus Program on Wednesday. The full board will take a final vote Thursday. Once approved, the system will send $35 million directly to the universities to support the expansion which will apply to eligible students at all nine universities.
“To be in a position to make sure our students can attend a UT institution without accruing more debt is very important to all of us, and as long as we are here, we will continue our work to provide an affordable, accessible education to all who choose to attend a UT institution,” Board Chair Kevin Eltife said in a statement.
Students must be Texas residents enrolled full-time in an undergraduate program and apply for applicable state and financial aid to qualify.
The expansion is the latest move by the regents to make college more affordable for students. In 2019, the regents created a $167 million endowment at the University of Texas at Austin to provide free tuition and fees for in-state undergraduate students whose families make less than $65,000; it also provided tuition support to students from families who made under $125,000. Three years later, regents established the Promise Plus Program with a $300 million endowment fund to help other UT system universities expand their existing financial aid programs.
According to the UT system, the University of Texas at El Paso expanded the income threshold for free tuition from $60,000 to $75,000, reaching 75% of households in the region.
In recent years, many universities and community colleges in Texas and across the country have launched similar tuition programs to increase college access for low-income students and to encourage enrollment for those who might be hesitant to take on student debt. Many universities structure these programs so they pay what’s left on a student’s tuition bill after federal or state grants have been applied.
The $35 million will come from endowment distributions, the Available University Fund — investment returns from a state fund that provides money from the UT system — and other resources, the system said in a press release.
The money will immediately expand the number of UT system students who will receive free tuition and fees next year, and also ensure the Promise Plus program is supported in perpetuity.
“Across UT institutions, enrollment is growing, and student debt is declining, indicating success in both access and affordability,” said Chancellor James Milliken in a statement. “That’s a rare trend in American higher education, and I’m proud the UT System is in a position to be a leader.”
Since launching the original free tuition program, the percentage of UT system graduates with debt has declined from 54% in 2019 to 48% in 2023, according to the UT system.
Keira Knightley gets back to action in the new trailer for Black Doves, a six-part spy thriller set at Christmas and bound for Netflix on Dec. 5.
Knightley co-stars with Ben Whishaw in the spy series, in which she plays Heleb Webb, "a quick-witted, down-to-earth, dedicated wife and mother — and professional spy," according to the streamer.
She's been passing her politician husband's secrets to her spy organization, called the Black Doves, for a decade, but when her secret lover, Jason, is assassinated, she's teamed up with Wishaw's assassin, Sam, to uncover the truth.
"As his past threatens to catch up with him, his task is to protect Helen as she investigates who killed Jason and why," Netflix continues. "Together they uncover a vast, interconnected conspiracy linking the murky London underworld to a looming geopolitical crisis."
Knightley's character is shown taking out enemies hand-to-hand and leaping from an exploding building. She later looks shocked when a mysterious voice over the phone reveals her cover is blown, meaning her family is in danger.
The series will also star Sarah Lancashire, Ella Lily Hyland and Andrew Buchan.
On Thursday's installment of The Jennifer Hudson show, Emmy winner Courtney B. Vancetalked about his anticipation of receiving one of the biggest honors in showbiz, a star on the Hollywood Walk of Fame.
Vance is following in the Walk of Fame footsteps of his award-winning wife, Angela Bassett.
"Angela got hers I think back in '07, and the [children] were 2," he said of their fraternal twins, Bronwyn Golden Vance and Slater Josiah Vance, who are now 18.
"Aw, they were babies!" J. Hud gushed to a throwback photo of the family at Bassett's ceremony.
Grotesquerie star and executive producer Vance said they still need to schedule his ceremony, but added, "It's such a blessing to be in the class of '24-'25."
Vance will be in good company: When the next slate of nominees was announced back in June, it was revealed that some of the actor's "class" will include actress Nia Long, actor-director Bill Duke, Sherri Shepherd, Fantasia, Colin Farrell and Jane Fonda.
According to the organization's website, upcoming star ceremonies are usually announced 10 days prior to dedication.
Moses Stewart and Diane Hawkins grieve over the slaying of their son Yusuf Hawkins; Nicole Bengiveno/NY Daily News Archive via Getty Images
(BROOKLYN, N.Y.) -- When Yusuf Hawkins, a Black 16-year-old, was shot and killed in Brooklyn in 1989 as he went to purchase a car, the crime set off months of angry protests.
Now, the man convicted in Hawkins' murder, who has been behind bars for nearly 35 years, will get a chance Thursday to prove his innocence with what his defense attorney says is new evidence.
Joseph Fama, who was 18 at the time of the murder, was part of a white mob that chased down Hawkins and three other unarmed Black youths in August 1989 in Bensonhurst, Brooklyn, according to court documents.
Fama, who is white, was convicted in May 1990 of second-degree murder, first-degree riot, third-degree criminal possession of a weapon, first-degree unlawful imprisonment, menacing and discrimination. All counts were ordered to run concurrently, giving Fama 25 years to life in prison, according to court documents.
“Unfortunately, terribly, Yusuf Hawkins, innocent, innocent man, was killed --- let’s just start with that --- because he’s Black,” Justin Bonus, Fama’s attorney, told ABC News in a phone interview last week. “My client was not involved with this whole group of kids sitting there waiting for Black guys to come.”
The murder sparked protests against racial violence around New York City at a time when tensions were high. Months earlier, the Central Park Five, a group of Black and Hispanic teenagers, were wrongfully convicted of rape and assault of a white female jogger.
Five witnesses testified that they saw Fama shoot Hawkins, and four more witnesses placed Fama at the scene the night that the teenager was shot three times, according to court documents. Two jailhouse informants testified that Fama admitted to them that he shot Hawkins because he was Black, according to court documents.
“First of all, jailhouse informants, are we going to go by that?” Bonus said to ABC News.
The judge in Fama’s original trial did not allow the father of one of the informants to testify that he believed his son was lying about his claim that Fama confessed that he killed Hawkins. The courts made that decision because the defense failed to lay a foundation for the admission of the evidence during cross-examination of the informant, according to court documents.
According to a motion by Fama’s defense, two of the witnesses, who previously said that they saw Fama kill Hawkins, recanted their testimonies and claimed that they were coerced by investigators to pin the shooting on the defendant.
During the original trial, the court denied the defense’s request to call Frankie Tighe, one of the witnesses who recanted his testimony, to the stand because defense attorneys had already rested their case four days before their request, according to court documents.
Keith Mondello, one of the alleged leaders of the mob that chased Hawkins and who was convicted, provided new evidence that also claimed Fama was not the killer, according to court documents.
Five additional witnesses originally claimed that, after the shooting, Tighe ran around the corner to their location and they heard him say, "Joe Fama just shot a Black kid," according to court documents.
The defense says they have new evidence that one of those witnesses later recanted their testimony and stated that detectives spoke to him many times and pressured him to accuse Fama, according to the defense’s motion.
On Aug. 23, 1989, at about 9:00 p.m. Hawkins and three of his peers took a subway train from their Brooklyn neighborhood in East New York to Bensonhurst to look at a used car for sale, according to court documents.
The four peers became lost in Bensonhurst and, as they searched for the address of where the used car would be, they came across a group of 20 to 40 white individuals who, coincidentally, were expecting Black and Hispanic men to attend a birthday party in the neighborhood that night, according to court documents.
The party was hosted by an 18-year-old white woman who the men in the neighborhood believed invited Black and Hispanic men to the birthday celebration, according to Bonus. The men gathered in the vicinity of her home, allegedly voiced racist threats and armed themselves with bats, golf clubs and handguns as they allegedly waited for the men of color to come to the party, according to court documents.
The group of men chased Hawkins and his peers when they saw them, according to court documents. The confrontation ended with Hawkins shot. He died a short time later. Fama was sentenced for 25 years to life in prison on June 11, 1990.
The defense claims to have twelve new affidavits from witnesses that allege that Fama did not shoot Hawkins. Some of those witnesses say police pressured them to accuse Fama.
The defense motion focuses on one investigator, former Detective Louis Scarcella, claiming he was “significantly involved with the investigation and procuring witnesses.”
A complaint against Scarcella alleges that nearly 20 homicide convictions associated with the former detective have been vacated and in at least nine of those convictions, Scarcella coerced false confessions or fabricated written confessions from innocent individuals, according to court records.
Joel Cohen, Scarcella's attorney, told ABC News over the phone that some judges found that Scarcella was involved in improper tactics which led to the convictions of several individuals, but the court only found innocence in one of the overturned cases.
Scarcella didn't file a response to any of the complaints, according to his attorney.
"Joseph Fama’s motion to vacate his conviction for the racially motivated murder of Yusef Hawkings 32 years ago is flatly contradicted by the overwhelming evidence of his guilt," Cohen told ABC News in part through a statement. "His lawyer’s claims that the that the "…”murder investigation was led by Detective Louis Scarcella ,” and that Scarcella was “all over the investigation” are reckless and provably false and based in part by the lawyer’s “surmise.”
The DA’s office told ABC News that Scarcella only played a minor role in the investigation and was one of more than 65 investigators working on the case. The defense believes Scarcella was "significantly involved in" the investigation, according to court documents.
The NYPD did not reply to ABC News' request for a statement.
The DA’s office claims witnesses testified that they saw Fama receive a gun from the individual who Bonus alleges was the actual shooter just before Hawkins’ death.
In Tighe’s recanted statement, he claimed that Fama used a silver handgun in the shooting, but Claude Stanford, one of Hawkins’ peers who was with him the night he was shot, said that the shooter used a black gun and was about 6 feet tall, according to the defense's motion. Fama was about 5 feet, 8 inches tall at the time, according to court documents.
Fama has already tried twice to appeal his conviction and was denied by the court both times, according to legal documents. This is his third attempt to vacate his conviction.
Fama’s court conference hearing is set for Nov. 21, according to the Brooklyn District Attorney’s Office.
PANOLA COUNTY – A multi-county box truck pursuit ended Thursday morning when a deputy hit the truck, preventing it from entering a school zone. The Panola County Sheriff’s Office said the driver has been arrested with additional charges expected. According to our news partner KETK, at around 7:19 a.m. the Rusk County Sheriff’s Office notified Panola County Dispatch that a Tatum officer was pursuing a box truck on Highway 149 and was headed toward Panola County.
“The Tatum officer was monitoring traffic on Hwy 149 on the north side of Tatum, when the truck passed him in the oncoming traffic lanes,” the Panola County Sheriff’s Office said.
The sheriff’s office said deputies, constables and Department of Public Safety troopers responded and some joined the pursuit as the truck continued to travel into the oncoming lanes. A constable used his patrol vehicle to hit and disable the truck at around 7:25 a.m. before it entered a nearby Beckville school zone, PCSO said. Continue reading Truck driver arrested following multi-county pursuit
(WASHINGTON) -- Former Republican Rep. Matt Gaetz announced Thursday he is withdrawing his name from consideration to be President-elect Donald Trump's attorney general.
"I had excellent meetings with Senators yesterday," Gaetz wrote in a post on X. "I appreciate their thoughtful feedback - and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I'll be withdrawing my name from consideration to serve as Attorney General. Trump's DOJ must be in place and ready on Day 1."
"I remain fully committed to see that Donald J. Trump is the most successful President in history," Gaetz added. "I will forever be honored that President Trump nominated me to lead the Department of Justice and I'm certain he will Save America."
Gaetz informed Trump late Thursday morning that he'd be withdrawing, sources familiar with the matter told ABC News.
Trump, who had been personally calling lawmakers to shore up support for Gaetz, issued a statement saying he appreciated Gaetz's "recent efforts" to seek Senate approval and that withdrawing was his choice.
"He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect," Trump wrote. "Matt has a wonderful future, and I look forward to watching all of the great things he will do!"
Trump announced last Wednesday he was tapping Gaetz to serve as the nation's top law enforcement officer. Gaetz, a conservative firebrand in Congress, resigned his seat shortly after.
The choice shocked many Republicans on Capitol Hill and raised eyebrows within the Justice Department.
Sen. Kevin Cramer, R-N.D., expressed "relief" after Gaetz's announcement.
"I know enough people that were a “hell no” in the conference to know that the path would have been very, very difficult, if possible, and I doubt it was," Cramer said.
GOP Sen. Josh Hawley of Missouri said he thinks it was the "right decision" even though Gaetz sounded so "optimistic" during their meeting on Capitol Hill.
Republican senators thought to be opposed to Gaetz because of obstacles to confirmation openly praised the decision he step aside.
"I think that was an excellent move on behalf of the incoming president," Minority Leader Mitch McConnell said.
"I think it was a sound decision. I think it was important," said Sen. Lisa Murkowski of Alaska, who had been among those publicly voicing serious concerns.
Asked if she were relieved, Murkowski said "I am. I think it was the right decision."
Sen. Mike Rounds of South Dakota, who also had expressed concerns, said withdrawing was the "right decision to make."
"There was perhaps some information out there that the president was not aware of when he made the original recommendation. Part of this process is, the information comes out, and then at that point, as people re-evaluate or evaluate, you know, the president or the individual candidate may decide it's not the right time to pursue the nomination," Rounds said. "It may very well have been because of advice from the Senate rather than consent from the Senate."
Not all senators were as open on their views.
“That’s obviously a decision he came to, and I think everybody had to make a decision that’s good for them and their family. And for whatever reason he decided not to pursue it," Sen. John Thune, the incoming Republican leader, said.
When pressed on whether he felt it was the right choice: "We respect his decision," Thune said.
Gaetz has been under scrutiny amid sexual misconduct allegations, including accusations he had sex with a minor, which he's long denied.
The House Ethics Committee was in the final stages of its probe into Gaetz when he was tapped to be attorney general, ABC News reported. Fiery debate has transpired on Capitol Hill since then on whether the panel should release its report.
Many senators said they believed the information that would be in the report would become public during his confirmation hearings before the Senate Judiciary Committee. Sen. John Cornyn, who met with Gaetz on Wednesday, said his hearing had the potential to be "Kavanaugh on steroids."
Sources told ABC News in the last few days it became clear to the Trump team that Gaetz was not going to have enough votes for a Senate confirmation with sources close to the president-elect telling ABC News "no path to 50" senators.
Karoline Leavitt, the spokeswoman for the Trump-Vance transition, said on Thursday Trump "remains committed to choosing a leader for the Department of Justice who will strongly defend the Constitution and end the weaponization of our justice system."
"President Trump will announce his new decision when it is made," Leavitt said.
Trump has announced who he intends to install his top defense attorneys to the high-level roles at the Justice Department. Todd Blanche has been picked to be the deputy attorney general and Emil Bove as principal associate deputy attorney general.
ABC News' Kelsey Walsh and Lalee Ibssa contributed to this report.
SMITH COUNTY— A Tyler man has been arrested for murder after a body was discovered that was later ruled as fentanyl overdose. According to our news partner KETK, Smith County Sheriff’s Office was called to a residence on CR 490, between Swan and Lindale. On their arrival, deputies were told the body of Michael Crone was found by a roommate lying on the floor of their residence.
