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Alex Jones seeks to disqualify The Onion’s auction bid on Infowars

CHICAGO (AP) — A company affiliated with conspiracy theorist Alex Jones asked a federal judge on Monday to disqualify a bid by the satirical news outlet The Onion to buy Jones’ Infowars at a bankruptcy auction, alleging fraud and collusion.

The company, First United American Companies, which is affiliated with a Jones website that sells dietary supplements, was the only other bidder at the recent auction, offering $3.5 million. In a filing in federal bankruptcy court in Houston, a lawyer for the company asked the judge to declare it the winning bidder instead of The Onion.

The lawyer, Walter Cicack, claimed that the bankruptcy trustee overseeing the auction improperly colluded with The Onion and families of victims of the Sandy Hook Elementary School shooting in Connecticut in naming The Onion the winning bidder. Cicack also alleged the trustee violated rules for the sale set by the judge, and said the company’s cash offer was twice the amount of The Onion’s.

The bankruptcy auction was held last week as part of the liquidation of Jones’ assets, including Infowars. Proceeds from the sale will go to Sandy Hook families and other creditors. Jones filed bankruptcy in 2022 after he was ordered to pay nearly $1.5 billion in defamation lawsuits filed by the families for calling the 2012 shooting that killed 20 children and six educators a hoax staged by actors to increase gun control.

Ben Collins, CEO of The Onion’s parent company, Chicago-based Global Tetrahedron, issued a statement Monday through a spokesperson.

“We’re obviously disappointed he’s lashing out by creating conspiracies, but we’re also not surprised,” he said, referring to Jones.

The bankruptcy trustee appointed to oversee the sale, Christopher Murray, declined to comment Monday. A lawyer for the Sandy Hook families, Christopher Mattei, also declined to comment.

In a response filed in court later Monday, Murray called the allegations “baseless.” He said the motion by First United American to disqualify The Onion was “a disappointed bidder’s improper attempt to influence an otherwise fair and open auction process.”

Murray also wrote, “Having failed in its prior efforts to bully the Trustee and his advisors into accepting its inferior bid, FUAC now alleges, without evidence, collusion and bad faith in an attempt to mislead the Court and disqualify its only competition in the auction.”

Murray filed separate court papers Monday asking the judge to approve the sale of Infowars to The Onion.

Monday’s filing by First United American Companies included the formal bid submitted by The Onion, revealing that it offered $1.75 million for Infowars along with certain incentives by Sandy Hook families who won their defamation lawsuit against Jones. The families agreed to forgo up to 100% of their share of the Infowars sale proceeds and give it to other Jones creditors.

With the families’ offer, other Jones creditors would get a total of $100,000 more than they would get if First United American Companies bought Infowars, according to The Onion’s bidding document.

Murray told the bankruptcy judge during a court hearing Thursday that the families’ incentives made it a better offer than the one by the Jones-affiliated company.

“The creditors ended up significantly better off,” Murray told the judge, adding that one of his responsibilities was to maximize value for creditors.

Judge Christopher Lopez, who said he had questions about the sale process and concerns about transparency, ordered a hearing to see exactly what happened with the auction and how the trustee chose The Onion. The date of the hearing has not been set.

Jones has been criticizing the sale process on his show and social media sites, calling it “rigged” and a “fraud.”

Over the weekend, Collins posted a series of comments about the auction on X, formerly known as Twitter.

“Long and short of it: We won the bid and — you’re not going to believe it — the previous InfoWars folks aren’t taking it well,” he wrote.

Collins said last week that The Onion planned to turn the Infowars website into a parody site, taking aim at conspiracy theorists and other social media personalities while promoting gun violence prevention efforts.

Cicack also said in Monday’s court filing that the trustee improperly changed the auction process “from a live auction to a secret process.” Cicack said that after sealed bids were submitted Nov. 8, it was expected that there would be a round of live bidding on Nov. 13.

But instead, he said, Murray decided to ask the two bidders to submit another offer as their final and best proposal, which they did. Murray then chose from those final bids without holding a round of live bidding. He alleged Murray violated the auction rules.

Lopez’s 20-page order on the sale procedures, issued in September, made such a live bidding round optional. And it gave broad authority to Murray to conduct the sale, including the power to reject any bid, no matter how high, that was “contrary to the best interests” of Jones, his company and their creditors.

Cicack called the Sandy Hook families’ portion of The Onion’s bid “Monopoly” money with no value.

“It is also the product of impermissible collusion with the Onion in an effort to ‘rig’ the auction with the goal of achieving a specific result desired by the Connecticut Families,” he wrote.

David Rancken’s App of the Day 10/18/24 – Opal!

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Country singer Sundance Head shot at his East Texas ranch

Country singer Sundance Head shot at his East Texas ranch
Update: Our news partner KETK provided this late Friday night. Misty Head, wife of singer Sundance Head, said the singer remains in good spirits and there was no internal damage. Sundance was reportedly at his ranch hunting when the incident occurred.

“He was out of the vehicle reaching in to grab his [gun], when he grabbed it the [gun] came out of its holster and hit the exterior of the Jeep just right and went off. Sundance said it happened so fast and he could see the bullet dislodging,” the post said.

Sundance allegedly did not call 911, when attempting to reach for his phone after getting hit, the phone was covered in blood and took off down the driveway to the main road to flag someone for help.
Read the rest of this entry »

Texas inmate Melissa Lucio is ‘actually innocent’ of killing daughter, judge say

HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.

Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.

“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.

Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.

Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.

“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”

Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”

The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.

Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.

The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.

In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.

The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.

Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.

Texas inmate Melissa Lucio is ‘actually innocent’ of killing daughter, judge says

HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.

Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.

“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.

Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.

Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.

“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”

Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”

The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.

Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.

The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.

In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.

The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.

Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.

What happens next in The Onion’s effort to buy Alex Jones’ Infowars

AUSTIN (AP) —The Onion’s winning bid for Alex Jones ’ Infowars platform is under review by a federal bankruptcy judge after Jones and his lawyers complained about how an auction was conducted.

The satirical news outlet was announced as the winning bidder on Thursday in an auction that is part of Jones’ personal bankruptcy. Hours later, Infowars headquarters in Austin, Texas and its websites were shut down and Jones was broadcasting from a new studio he had set up before the bankruptcy auction. By Friday morning, Infowars and its websites were back up and running for reasons that were not entirely clear.

At a hastily called court hearing in Houston on Thursday, Judge Christopher Lopez ordered another hearing to be held next week. He wants to know what happened with the auction and how the bankruptcy trustee chose The Onion over the only other bidder — a company affiliated with a Jones product-selling website.

A court hearing is typically held after a bankruptcy auction to finalize the winning bids and sales, and to hear any objections, so the process in Jones’ case hasn’t strayed far from the usual — yet.

Here’s a look at the bankruptcy auction and what could happen next:
Why was Infowars up for auction?

Jones declared personal bankruptcy in late 2022 after he was ordered to pay nearly $1.5 billion to families of victims of the Sandy Hook Elementary School shooting in Connecticut who sued him for defamation for repeatedly calling the massacre a hoax aimed at increasing gun control.

Relatives of some of the 20 first graders and six educators who were killed in the 2012 shooting said Jones’ followers harassed and threatened them as a result of his lies. Jones has since acknowledged the shooting was “100% real.”

As part of the bankruptcy, Jones’ personal assets and Infowars’ parent company, the Jones-owned Free Speech Systems, were to be sold at auction, with the Sandy Hook families and Jones’ other creditors getting the proceeds.
How The Onion was named the winning bidder

The bankruptcy trustee overseeing the sale chose from sealed bids. He received two.

One was from the Jones-affiliated First United American Companies, which offered $3.5 million, the trustee revealed in court Thursday. The other, from The Onion, was lower but contained an incentive by some of the Sandy Hook families to forgo a portion of the sale proceeds and give it to other Jones’ creditors, the trustee, Christopher Murray, said.

Murray said he determined The Onion’s offer, although unusual, was better overall, because it would provide more money to Jones’ creditors than the other bid. But he also said he could not yet put a dollar figure on The Onion’s bid when the families’ offer was factored in.

Judge Lopez indicated that he had expected prospective buyers would be given a chance to outbid each other after the bids were unsealed.

His 20-page order on the sale procedures in September, however, made such a bidding round optional. And it gave broad authority to Murray to conduct the sale, including the power to reject any bid, no matter how high, that was “contrary to the best interests” of Jones, his company and their creditors.
Infowars reopens after shutting down

Murray had Infowars’ website and studio shut down Thursday as he began the process of securing assets, a lawyer for the trustee said in court Thursday. But on Friday, Infowars and its websites were back up and running.

On his show, Jones told listeners that Murray had told him it was wrong to shut down Infowars before the sale was finalized. Murray and his lawyer did not immediately return phone messages and emails seeking comment.
What’s next in court?

The judge said he had concerns about the auction process and transparency. Both sides are expected to present evidence at next week’s hearing.

Jones and a lawyer for First United American Companies allege Murray improperly selected The Onion’s bid and unexpectedly changed the sale process Monday after the sealed bids were submitted, by deciding not to hold a round of bidding on Wednesday. They also questioned the legality of The Onion’s bid.

Murray said denied doing anything improper and said he followed the judge’s auction rules.

Lopez would rule on whether the trustee properly ran the auction and selected The Onion as the winning bidder. If not, the possibilities include reopening the sale and holding an auction where potential buyers could outbid each other. The judge has the ultimate authority to accept or reject any sale of Infowars.

An exact date for the hearing had not yet been scheduled by Friday afternoon.
What are The Onion’s plans for Infowars?

The Onion — which carries the banner of “America’s Finest News Source” on its masthead — was founded in the 1980s and for decades has skewered politics and pop culture. It hopes to reopen the Infowars website in January as a parody of Jones and other conspiracy theorists.

“Our goal in a couple of years is for people to think of Infowars as the funniest and dumbest website that exists,” Ben Collins, the Onion’s CEO, told The Associated Press. “It was previously the dumbest website that exists.”

David Rancken’s App of the Day 11/15/24 – Slowly!

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Tyler Police assist in capture of man wanted for aggravated sex crime

Tyler Police assist in capture of man wanted for aggravated sex crimeTYLER — A 70-year-old man from California is now behind bars for the sexual assault of an Irving woman. The man was busted in Tyler. Irving police say Patrick Hoversten was caught on camera pushing his way into a business and forcing a woman into a back room to sexually assault her. Hoversten is a truck driver from Sonoma, California. Public records show the suspect has a lengthy criminal history dating back to 1975, including multiple felony charges and a charge for indecent exposure, which he spent time in prison for since it was a repeat offense. Hoversten is facing aggravated kidnapping and aggravated assault charges

David Rancken’s App of the Day 11/14/24 –Listenable!

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David Rancken’s App of the Day 11/13/24 – OneAir!

How would you like an AI travel companion? Then get David Rancken’s App Of The Day. It’s called OneAir. You can find OneAir in the app stores below.

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A wayward sea turtle travels thousands of miles back home

GALVESTON (AP) — An endangered sea turtle that was found about a year ago some 5,000 miles (8,047 kilometers) from its native waters has been released into the Gulf of Mexico, according to the Houston Zoo.

The Kemp’s ridley sea turtle, named Boeier after the boat that rescued it, was found off the coast of the Netherlands after becoming entangled in the net of the commercial fishing boat.

The zoo said the turtle apparently was carried away by currents until it was found and the U.S. National Fish and Wildlife Service secured the turtle’s return.

The turtle was taken to the Rotterdam Zoo where it was nursed back to health and eventually was flown to Houston, where it arrived Oct. 29, the zoo said.

After medical tests and an acclimation process, a healthy Boeier was released into the Gulf of Mexico from Stewart Beach in Galveston on Nov. 4.

The Kemp’s ridley sea turtle is native to the coastal waters of the Gulf of Mexico and Atlantic Ocean and is the smallest sea turtle at 27-32 inches (68-81 cm) long and weighs 75-100 pounds (34 to 45 kg), according to the Texas Parks and Wildlife Department.

The turtle was placed on the endangered species list in 1970, according to the department.

Former Henderson FFA student wins national title

Former Henderson FFA student wins national titleHENDERSON – Trey Pinnell of Henderson, and a 2024 graduate of Henderson High School, had high hopes of winning at this years National FFA Convention. According to our news partner KETK, Trey had an invention he thought could be a winner. Baling pine straw, packaging it and selling it as mulching material.

The convention ran from Oct. 23 through Oct. 26 at Lucas Oil Stadium in Indianapolis, Indiana. The purpose of the convention is to help students develop career and college leadership skills to bring back to their local FFA chapter. Pinnell took to the stage with three other team members on Oct. 25 with high hopes of winning.

“Being on that stage in front of that many people is something I’ll never forget. I was really nervous, obviously a lot of people out there. When I heard my name, I kind of looked at my [agriculture] teacher, I couldn’t really believe it.” Pinnell said.

Trey, a 2024 Henderson High School graduate, became the first person in school history to have won a national FFA title.

Downtown Tyler parking garage now open

Downtown Tyler parking garage now openTYLER — The Smith County Parking Garage is open after a year of construction. Smith County officials held a brief ribbon cutting on Tuesday, November 12, before opening the garage for parking.

“We are so excited to have this new five-story parking garage available for our employees and the community,” Smith County Judge Neal Franklin said. “We thank everyone who came to downtown Tyler for work, business or fun over the past year for their patience and understanding during its construction.”

The 543-space parking garage is free and first come, first serve for county employees, jurors and the public. The parking garage is located at 210 East Ferguson, next to the Smith County Annex Building. Drivers can enter the parking garage from East Ferguson Street, which is a one-way westbound street, or Locust Street, which is a one-way eastbound street. Read the rest of this entry »

Longview Police search for a missing man

Longview Police search for a missing man LONGVIEW – The Longview Police Department is seeking the public’s help to locate a missing 59-year-old man. According to our news partner KETK, missing is Christopher Onley. Christopher is described as 5’10” tall, 132 pounds with brown hair and eyes. He was last seen near the 3100 block of Estes Parkway, near Waffle House. Longview PD said anyone with information on Onley’s whereabouts are asked to contact them at 903-237-1199.

David Rancken’s App of the Day 11/12/24 – Deliveries!

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Alex Jones seeks to disqualify The Onion’s auction bid on Infowars

Posted/updated on: November 20, 2024 at 4:25 am

CHICAGO (AP) — A company affiliated with conspiracy theorist Alex Jones asked a federal judge on Monday to disqualify a bid by the satirical news outlet The Onion to buy Jones’ Infowars at a bankruptcy auction, alleging fraud and collusion.

The company, First United American Companies, which is affiliated with a Jones website that sells dietary supplements, was the only other bidder at the recent auction, offering $3.5 million. In a filing in federal bankruptcy court in Houston, a lawyer for the company asked the judge to declare it the winning bidder instead of The Onion.

The lawyer, Walter Cicack, claimed that the bankruptcy trustee overseeing the auction improperly colluded with The Onion and families of victims of the Sandy Hook Elementary School shooting in Connecticut in naming The Onion the winning bidder. Cicack also alleged the trustee violated rules for the sale set by the judge, and said the company’s cash offer was twice the amount of The Onion’s.

The bankruptcy auction was held last week as part of the liquidation of Jones’ assets, including Infowars. Proceeds from the sale will go to Sandy Hook families and other creditors. Jones filed bankruptcy in 2022 after he was ordered to pay nearly $1.5 billion in defamation lawsuits filed by the families for calling the 2012 shooting that killed 20 children and six educators a hoax staged by actors to increase gun control.

Ben Collins, CEO of The Onion’s parent company, Chicago-based Global Tetrahedron, issued a statement Monday through a spokesperson.

“We’re obviously disappointed he’s lashing out by creating conspiracies, but we’re also not surprised,” he said, referring to Jones.

The bankruptcy trustee appointed to oversee the sale, Christopher Murray, declined to comment Monday. A lawyer for the Sandy Hook families, Christopher Mattei, also declined to comment.

In a response filed in court later Monday, Murray called the allegations “baseless.” He said the motion by First United American to disqualify The Onion was “a disappointed bidder’s improper attempt to influence an otherwise fair and open auction process.”

Murray also wrote, “Having failed in its prior efforts to bully the Trustee and his advisors into accepting its inferior bid, FUAC now alleges, without evidence, collusion and bad faith in an attempt to mislead the Court and disqualify its only competition in the auction.”

Murray filed separate court papers Monday asking the judge to approve the sale of Infowars to The Onion.

Monday’s filing by First United American Companies included the formal bid submitted by The Onion, revealing that it offered $1.75 million for Infowars along with certain incentives by Sandy Hook families who won their defamation lawsuit against Jones. The families agreed to forgo up to 100% of their share of the Infowars sale proceeds and give it to other Jones creditors.

With the families’ offer, other Jones creditors would get a total of $100,000 more than they would get if First United American Companies bought Infowars, according to The Onion’s bidding document.

Murray told the bankruptcy judge during a court hearing Thursday that the families’ incentives made it a better offer than the one by the Jones-affiliated company.

“The creditors ended up significantly better off,” Murray told the judge, adding that one of his responsibilities was to maximize value for creditors.

Judge Christopher Lopez, who said he had questions about the sale process and concerns about transparency, ordered a hearing to see exactly what happened with the auction and how the trustee chose The Onion. The date of the hearing has not been set.

Jones has been criticizing the sale process on his show and social media sites, calling it “rigged” and a “fraud.”

Over the weekend, Collins posted a series of comments about the auction on X, formerly known as Twitter.

“Long and short of it: We won the bid and — you’re not going to believe it — the previous InfoWars folks aren’t taking it well,” he wrote.

Collins said last week that The Onion planned to turn the Infowars website into a parody site, taking aim at conspiracy theorists and other social media personalities while promoting gun violence prevention efforts.

Cicack also said in Monday’s court filing that the trustee improperly changed the auction process “from a live auction to a secret process.” Cicack said that after sealed bids were submitted Nov. 8, it was expected that there would be a round of live bidding on Nov. 13.

But instead, he said, Murray decided to ask the two bidders to submit another offer as their final and best proposal, which they did. Murray then chose from those final bids without holding a round of live bidding. He alleged Murray violated the auction rules.

Lopez’s 20-page order on the sale procedures, issued in September, made such a live bidding round optional. And it gave broad authority to Murray to conduct the sale, including the power to reject any bid, no matter how high, that was “contrary to the best interests” of Jones, his company and their creditors.

Cicack called the Sandy Hook families’ portion of The Onion’s bid “Monopoly” money with no value.

“It is also the product of impermissible collusion with the Onion in an effort to ‘rig’ the auction with the goal of achieving a specific result desired by the Connecticut Families,” he wrote.

David Rancken’s App of the Day 10/18/24 – Opal!

Posted/updated on: November 18, 2024 at 12:47 pm

Are you interested on how big your internet footprint is? Then check out David Rancken’s App Of The Day. It’s called Opal. You can find Opal in the Apple Store.

apple store logo

Country singer Sundance Head shot at his East Texas ranch

Posted/updated on: November 16, 2024 at 11:15 pm

Country singer Sundance Head shot at his East Texas ranch
Update: Our news partner KETK provided this late Friday night. Misty Head, wife of singer Sundance Head, said the singer remains in good spirits and there was no internal damage. Sundance was reportedly at his ranch hunting when the incident occurred.

“He was out of the vehicle reaching in to grab his [gun], when he grabbed it the [gun] came out of its holster and hit the exterior of the Jeep just right and went off. Sundance said it happened so fast and he could see the bullet dislodging,” the post said.

Sundance allegedly did not call 911, when attempting to reach for his phone after getting hit, the phone was covered in blood and took off down the driveway to the main road to flag someone for help.
(more…)

Texas inmate Melissa Lucio is ‘actually innocent’ of killing daughter, judge say

Posted/updated on: November 18, 2024 at 3:25 am

HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.

Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.

“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.

Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.

Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.

“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”

Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”

The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.

Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.

The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.

In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.

The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.

Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.

Texas inmate Melissa Lucio is ‘actually innocent’ of killing daughter, judge says

Posted/updated on: November 16, 2024 at 12:18 am

HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.

Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.

“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.

Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.

Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.

“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”

Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”

The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.

Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.

The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.

In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.

The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.

Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.

What happens next in The Onion’s effort to buy Alex Jones’ Infowars

Posted/updated on: November 18, 2024 at 3:25 am

AUSTIN (AP) —The Onion’s winning bid for Alex Jones ’ Infowars platform is under review by a federal bankruptcy judge after Jones and his lawyers complained about how an auction was conducted.

The satirical news outlet was announced as the winning bidder on Thursday in an auction that is part of Jones’ personal bankruptcy. Hours later, Infowars headquarters in Austin, Texas and its websites were shut down and Jones was broadcasting from a new studio he had set up before the bankruptcy auction. By Friday morning, Infowars and its websites were back up and running for reasons that were not entirely clear.

At a hastily called court hearing in Houston on Thursday, Judge Christopher Lopez ordered another hearing to be held next week. He wants to know what happened with the auction and how the bankruptcy trustee chose The Onion over the only other bidder — a company affiliated with a Jones product-selling website.

A court hearing is typically held after a bankruptcy auction to finalize the winning bids and sales, and to hear any objections, so the process in Jones’ case hasn’t strayed far from the usual — yet.

Here’s a look at the bankruptcy auction and what could happen next:
Why was Infowars up for auction?

Jones declared personal bankruptcy in late 2022 after he was ordered to pay nearly $1.5 billion to families of victims of the Sandy Hook Elementary School shooting in Connecticut who sued him for defamation for repeatedly calling the massacre a hoax aimed at increasing gun control.

Relatives of some of the 20 first graders and six educators who were killed in the 2012 shooting said Jones’ followers harassed and threatened them as a result of his lies. Jones has since acknowledged the shooting was “100% real.”

As part of the bankruptcy, Jones’ personal assets and Infowars’ parent company, the Jones-owned Free Speech Systems, were to be sold at auction, with the Sandy Hook families and Jones’ other creditors getting the proceeds.
How The Onion was named the winning bidder

The bankruptcy trustee overseeing the sale chose from sealed bids. He received two.

One was from the Jones-affiliated First United American Companies, which offered $3.5 million, the trustee revealed in court Thursday. The other, from The Onion, was lower but contained an incentive by some of the Sandy Hook families to forgo a portion of the sale proceeds and give it to other Jones’ creditors, the trustee, Christopher Murray, said.

Murray said he determined The Onion’s offer, although unusual, was better overall, because it would provide more money to Jones’ creditors than the other bid. But he also said he could not yet put a dollar figure on The Onion’s bid when the families’ offer was factored in.

Judge Lopez indicated that he had expected prospective buyers would be given a chance to outbid each other after the bids were unsealed.

His 20-page order on the sale procedures in September, however, made such a bidding round optional. And it gave broad authority to Murray to conduct the sale, including the power to reject any bid, no matter how high, that was “contrary to the best interests” of Jones, his company and their creditors.
Infowars reopens after shutting down

Murray had Infowars’ website and studio shut down Thursday as he began the process of securing assets, a lawyer for the trustee said in court Thursday. But on Friday, Infowars and its websites were back up and running.

On his show, Jones told listeners that Murray had told him it was wrong to shut down Infowars before the sale was finalized. Murray and his lawyer did not immediately return phone messages and emails seeking comment.
What’s next in court?

The judge said he had concerns about the auction process and transparency. Both sides are expected to present evidence at next week’s hearing.

Jones and a lawyer for First United American Companies allege Murray improperly selected The Onion’s bid and unexpectedly changed the sale process Monday after the sealed bids were submitted, by deciding not to hold a round of bidding on Wednesday. They also questioned the legality of The Onion’s bid.

Murray said denied doing anything improper and said he followed the judge’s auction rules.

Lopez would rule on whether the trustee properly ran the auction and selected The Onion as the winning bidder. If not, the possibilities include reopening the sale and holding an auction where potential buyers could outbid each other. The judge has the ultimate authority to accept or reject any sale of Infowars.

An exact date for the hearing had not yet been scheduled by Friday afternoon.
What are The Onion’s plans for Infowars?

The Onion — which carries the banner of “America’s Finest News Source” on its masthead — was founded in the 1980s and for decades has skewered politics and pop culture. It hopes to reopen the Infowars website in January as a parody of Jones and other conspiracy theorists.

“Our goal in a couple of years is for people to think of Infowars as the funniest and dumbest website that exists,” Ben Collins, the Onion’s CEO, told The Associated Press. “It was previously the dumbest website that exists.”

David Rancken’s App of the Day 11/15/24 – Slowly!

Posted/updated on: November 15, 2024 at 11:20 am

How about combining the latest tech with old school vibes? Check out David Rancken’s App Of The Day. It’s called Slowly. You can download Slowly in the app stores below.

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Tyler Police assist in capture of man wanted for aggravated sex crime

Posted/updated on: November 16, 2024 at 11:15 pm

Tyler Police assist in capture of man wanted for aggravated sex crimeTYLER — A 70-year-old man from California is now behind bars for the sexual assault of an Irving woman. The man was busted in Tyler. Irving police say Patrick Hoversten was caught on camera pushing his way into a business and forcing a woman into a back room to sexually assault her. Hoversten is a truck driver from Sonoma, California. Public records show the suspect has a lengthy criminal history dating back to 1975, including multiple felony charges and a charge for indecent exposure, which he spent time in prison for since it was a repeat offense. Hoversten is facing aggravated kidnapping and aggravated assault charges

David Rancken’s App of the Day 11/14/24 –Listenable!

Posted/updated on: November 14, 2024 at 11:38 am

Is one of your goals to educate yourself more? Check out David Rancken’s App Of The Day. It’s called Listenable. You can find Listenable in the Apple Store.

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David Rancken’s App of the Day 11/13/24 – OneAir!

Posted/updated on: November 15, 2024 at 9:36 am

How would you like an AI travel companion? Then get David Rancken’s App Of The Day. It’s called OneAir. You can find OneAir in the app stores below.

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A wayward sea turtle travels thousands of miles back home

Posted/updated on: November 15, 2024 at 12:18 am

GALVESTON (AP) — An endangered sea turtle that was found about a year ago some 5,000 miles (8,047 kilometers) from its native waters has been released into the Gulf of Mexico, according to the Houston Zoo.

The Kemp’s ridley sea turtle, named Boeier after the boat that rescued it, was found off the coast of the Netherlands after becoming entangled in the net of the commercial fishing boat.

The zoo said the turtle apparently was carried away by currents until it was found and the U.S. National Fish and Wildlife Service secured the turtle’s return.

The turtle was taken to the Rotterdam Zoo where it was nursed back to health and eventually was flown to Houston, where it arrived Oct. 29, the zoo said.

After medical tests and an acclimation process, a healthy Boeier was released into the Gulf of Mexico from Stewart Beach in Galveston on Nov. 4.

The Kemp’s ridley sea turtle is native to the coastal waters of the Gulf of Mexico and Atlantic Ocean and is the smallest sea turtle at 27-32 inches (68-81 cm) long and weighs 75-100 pounds (34 to 45 kg), according to the Texas Parks and Wildlife Department.

The turtle was placed on the endangered species list in 1970, according to the department.

Former Henderson FFA student wins national title

Posted/updated on: November 14, 2024 at 11:55 pm

Former Henderson FFA student wins national titleHENDERSON – Trey Pinnell of Henderson, and a 2024 graduate of Henderson High School, had high hopes of winning at this years National FFA Convention. According to our news partner KETK, Trey had an invention he thought could be a winner. Baling pine straw, packaging it and selling it as mulching material.

The convention ran from Oct. 23 through Oct. 26 at Lucas Oil Stadium in Indianapolis, Indiana. The purpose of the convention is to help students develop career and college leadership skills to bring back to their local FFA chapter. Pinnell took to the stage with three other team members on Oct. 25 with high hopes of winning.

“Being on that stage in front of that many people is something I’ll never forget. I was really nervous, obviously a lot of people out there. When I heard my name, I kind of looked at my [agriculture] teacher, I couldn’t really believe it.” Pinnell said.

Trey, a 2024 Henderson High School graduate, became the first person in school history to have won a national FFA title.

Downtown Tyler parking garage now open

Posted/updated on: November 14, 2024 at 12:06 am

Downtown Tyler parking garage now openTYLER — The Smith County Parking Garage is open after a year of construction. Smith County officials held a brief ribbon cutting on Tuesday, November 12, before opening the garage for parking.

“We are so excited to have this new five-story parking garage available for our employees and the community,” Smith County Judge Neal Franklin said. “We thank everyone who came to downtown Tyler for work, business or fun over the past year for their patience and understanding during its construction.”

The 543-space parking garage is free and first come, first serve for county employees, jurors and the public. The parking garage is located at 210 East Ferguson, next to the Smith County Annex Building. Drivers can enter the parking garage from East Ferguson Street, which is a one-way westbound street, or Locust Street, which is a one-way eastbound street. (more…)

Longview Police search for a missing man

Posted/updated on: November 14, 2024 at 4:04 pm

Longview Police search for a missing man LONGVIEW – The Longview Police Department is seeking the public’s help to locate a missing 59-year-old man. According to our news partner KETK, missing is Christopher Onley. Christopher is described as 5’10” tall, 132 pounds with brown hair and eyes. He was last seen near the 3100 block of Estes Parkway, near Waffle House. Longview PD said anyone with information on Onley’s whereabouts are asked to contact them at 903-237-1199.

David Rancken’s App of the Day 11/12/24 – Deliveries!

Posted/updated on: November 15, 2024 at 9:29 am

Do you worry about your online purchase making it to the correct party? Get David Rancken’s App Of The Day. It’s called Deliveries. You can download Deliveries in the Apple Store.

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