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    Daniel Penny’s Defense Shifts Focus From Choke to Sickle Cell and Drug Use

    Lawyers for Daniel Penny, who is accused of choking Jordan Neely to death, called an expert who argued that a combination of factors led to Mr. Neely’s death.Jordan Neely, a Black man who died after he was choked in a subway car last year, had the sickle cell trait, a genetic condition that can affect blood cells and overwhelmingly occurs in Black people. Whether Mr. Neely knew that he had the trait is unclear. But since his death, it has become a point of contention for lawyers.Prosecutors have said that Daniel Penny, who is on trial for manslaughter and criminally negligent homicide because he put Mr. Neely in a chokehold, restrained Mr. Neely for about six minutes, cutting off his airway. When Mr. Neely tried to break free, the pressure of Mr. Penny’s chokehold increased, prosecutors said.But Mr. Penny’s lawyers have centered their case on convincing the jurors that Mr. Neely’s death was not caused by the chokehold and that it is impossible to know how much pressure Mr. Penny was exerting. Before they rested their case on Friday, the defense argued that Mr. Neely’s schizophrenia, synthetic marijuana use and misshapen blood cells led to his death. People with the sickle cell trait typically do not have many, if any, sickle-shaped cells or experience symptoms, but blood slides from Mr. Neely’s autopsy shared at the trial showed misshapen cells at the time of his death.Now that both the defense and the prosecution have made their cases, each side will present closing arguments to the 12 jurors and four alternates. The judge presiding over the case, Maxwell Wiley, has decided that closing arguments will not happen until after Thanksgiving.Here is what to know about the defense’s case for Mr. Penny.The Role of Sickle Cell TraitThe medical examiner, Dr. Cynthia Harris, determined that Mr. Neely died from “compression of the neck,” and held firm to her findings through three days of testimony. However, an expert Mr. Penny’s legal team called to testify, Dr. Satish Chundru, rebutted that.Dr. Chundru, a forensic pathologist, said Mr. Neely died from “combined effects.”“Sickle cell crisis, the schizophrenia, the struggle and restraint and the synthetic marijuana,” he listed for jurors. He argued that Mr. Penny had struggled with Mr. Neely but had not choked him to death.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Those Voters Who Are Still Undecided

    More from our inbox:Michelle Obama’s Plea to American MenAn Ex-N.F.L. Player, on Marijuana ReformBipartisan Action Needed to Support Our Children Rob VargasTo the Editor:Re “These Voters Aren’t Exactly Undecided. They’re Cringing,” by Megan K. Stack (Opinion guest essay, Oct. 20):I am struck by undecided voters who are still, at this point, paralyzed by the feeling that neither of the candidates are “good” options, or that they don’t “like” either choice.To those struggling to vote outside their party affiliation, or to vote at all: The cognitive dissonance you feel is uncomfortable, yes, but consider who benefits most from the resulting inaction. It’s not the voter, it’s individuals and groups who use political power and tribalism for their own gain.This election is not a sporting event, it is real life, and we owe it to ourselves and to each other to use our hard-won right to vote thoughtfully, no matter how uncomfortable it is.Natasha Thapar-OlmosLos AngelesThe writer is a licensed psychologist and a professor at Pepperdine University.To the Editor:Re “Battle Is Fierce for Sliver of Pie: Undecided Votes” (front page, Oct. 22):Women can save our country, and I believe they will. They know what is at stake — not only free choice regarding their bodies but also a democracy that celebrates the diversity of its citizens.As the online summary said of the undecided voters: “Both campaigns are digging through troves of data to find these crucial Americans. They both think many are younger, Black or Latino. The Harris team is also eyeing white, college-educated women.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Twists Harris’s Position on Fentanyl After She Called for a Border Crackdown

    When Vice President Kamala Harris visited the southern border on Friday, she called fentanyl a “scourge on our country” and said that as president she would “make it a top priority to disrupt the flow of fentanyl coming into the United States.”Ms. Harris pledged to give more resources to law enforcement officials on the front lines, including additional personnel and machines that can detect fentanyl in vehicles. And she said she would take aim at the “global fentanyl supply chain,” vowing to “double the resources for the Department of Justice to extradite and prosecute transnational criminal organizations and the cartels.”But that was not how her opponent, former President Donald J. Trump, characterized her position on Sunday at a rally in Erie, Pa., where he made a false accusation against Ms. Harris that seemed intended to play on the fears and traumas of voters in communities that have been ravaged by fentanyl.“She even wants to legalize fentanyl,” Mr. Trump said during a speech that stretched for 109 minutes. It was the second straight day that Mr. Trump had amplified the same false claim about Ms. Harris; he did so on Saturday in Wisconsin.The former president did not offer context for his remarks, but his campaign pointed to an American Civil Liberties Union questionnaire that Ms. Harris had filled out in 2019 during her unsuccessful candidacy for the Democratic presidential nomination.A question asking if Ms. Harris supported the decriminalization at the federal level of all drug possession for personal use appeared to be checked “yes.” Ms. Harris wrote that it was “long past time that we changed our outdated and discriminatory criminalization of marijuana” and said that she favored treating drug addiction as a public health issue, focusing on rehabilitation instead of incarceration.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    City Investigators Seize Cash From New York Sheriff’s Office

    The Department of Investigation is looking into whether Sheriff Anthony Miranda’s agency improperly took money from cannabis stores that it raided, closed and padlocked.City investigators seized cash on Thursday from safes at the New York City Sheriff’s Office, which has raided hundreds of illegal cannabis shops and confiscated millions of dollars in proceeds and merchandise, according to a spokeswoman for Mayor Eric Adams’s administration.The Department of Investigation is looking into whether the office improperly took money from stores that it had closed and padlocked, according to three people with knowledge of the matter, who requested anonymity to discuss the case without authorization.The spokeswoman, Liz Garcia, said the agents had been called to the agency’s Queens headquarters at the request of Sheriff Anthony Miranda, who was appointed by Mr. Adams. She said that on Wednesday, Mr. Miranda had discovered money that apparently was not properly accounted for.“Sheriff Miranda learned of seemingly unvouchered cash held in safe boxes and self-reported the incident to his supervisors,” Ms. Garcia said in a statement Thursday evening. “His supervisors then reported this to the Department of Investigation. We expect every city employee to follow proper procedures.”The Department of Investigation also has also been looking into whether Mr. Miranda, a former police sergeant, or others acting on his behalf solicited money for a police fraternal organization from merchants in exchange for protection against raids, said two of the people, who are law enforcement officers.“There’s no factual basis to any of that nonsense,” Mr. Miranda said when reached by telephone Thursday night.Here Are the Charges Eric Adams Faces, AnnotatedThe Times annotated the indictment.Tracking Charges and Investigations in Eric Adams’s OrbitFour federal corruption inquiries have reached into the world of Mayor Eric Adams of New York. Here is a closer look at the charges against Mr. Adams and how people with ties to Mr. Adams are related to the inquiries.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Patchwork of Cannabis Laws Creates Health Risks, Study Finds

    A new report calls for public education and closing of legal loopholes to keep the public safe.The NewsAs more states have legalized the sale of cannabis, a fractured and inconsistent legal framework has emerged across the country that has prioritized sales income and tax revenue over public health, a new report finds.The report, issued Thursday by the National Academies of Sciences, Engineering and Medicine, describes an “urgent need for a coordinated public health response.” The academies, a nonprofit advisory group of the nation’s leading scientists, said that such a response should include a federally led campaign to educate parents, children and others about the risks of a drug that is increasingly potent.Among the other suggestions, the report also calls for a lifting of research restrictions on cannabis. In recent years, many claims have been made about the medicinal and other health effects of the drug but often without substantiation from science.Even as a patchwork of laws and regulations have emerged, the potency of cannabis products has surged.Cindy Schultz for The New York TimesPotencyCurrently 24 states, the District of Columbia and two U.S. territories have legalized the sale of cannabis for recreational use, according to the National Conference on State Legislatures. In 13 other states, cannabis is legal for medicinal use.Even as a patchwork of laws and regulations have emerged, the potency of cannabis products has surged, as measured by the growing concentration of THC, the main psychoactive compound in cannabis. The rapid increases have left the public unaware of the health risks, particularly to young people, pregnant women and seniors, according to Yasmin Hurd, director of the Addiction Institute at the Icahn School of Medicine and the vice chair of the committee that issued the latest report.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Judge Finds Flaws in New York City’s Cannabis Enforcement Efforts

    The city has appealed the judge’s ruling in favor of a convenience store in Queens that could have broader implications for enforcement.A state judge has ordered New York City to allow a convenience store in Queens to reopen after it was accused of selling cannabis illegally, a decision that could significantly affect the city’s effort to wipe out thousands of unlicensed sellers.The city quickly appealed the ruling issued Wednesday by Justice Kevin J. Kerrigan. He found that the city sheriff’s office had no legal reason to keep the store at 35-12 Bell Boulevard padlocked because the underlying summons had been dismissed after the city could not prove it had delivered it to the right person. The sheriff’s office issued the summons during an inspection in June, charging the store with selling cannabis without a license.After the summons was dismissed on procedural grounds, that should have been the end to the case, Justice Kerrigan wrote in his decision.Instead, the hearing officer, a lawyer who assumes the role of a judge in the case, went on to recommend that the sheriff’s office keep the business closed because she believed illegal activity was taking place at the store. She also concluded that she did not need to determine whether the illegal activity was more than minimal in making her recommendation, he said.The sheriff’s office accepted the hearing officer’s recommendations. The hearing officer’s guidance was wrong, Justice Kerrigan ruled.The series of decisions, he wrote, resulted in “a clear violation of due process under the 1aw.”“The court acknowledges that the unlicensed sale of cannabis within the City of New York represents an enormous public health concern,” he added. “However, summarily shuttering businesses prior to taking the necessary steps to determine whether a violation has occurred stands against the cornerstone of American democracy and procedural due process.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Maryland Governor Erases 175,000 Marijuana Convictions

    The state legalized the use of recreational marijuana in 2022. Several other states and the federal government have also wiped out low-level convictions for marijuana possession.Gov. Wes Moore of Maryland signed an executive order on Monday morning wiping out more than 175,000 convictions related to marijuana use.His administration said the mass pardon would probably affect about 100,000 people convicted of low-level charges like possession. Some of them have multiple convictions.“This is a responsibility that I take very, very seriously,” Mr. Moore said at a news conference, adding that he was acting “with deep pride and soberness.”The move comes two days before Juneteenth, an annual commemoration of the end of slavery in the United States after the Civil War that has been celebrated by Black people since the late 1800s. President Biden signed a bill in 2021 making June 19 a federal holiday. “Today is about equity; it is about racial justice,” Anthony Brown, Maryland’s attorney general, said on Monday. “While the order applies to all who meet its criteria, the impact is a triumphant victory for African Americans and other Marylanders of color who were disproportionately arrested, convicted and sentenced for actions yesterday that are lawful today.”Maryland legalized the use of recreational marijuana by a constitutional amendment approved by voters in 2022, and decriminalized the possessions of small amounts meant for person use. Twenty-four states and the District of Columbia have legalized recreational cannabis, according to The Associated Press.Maryland joins the Biden administration, nine other states and many cities where officials have taken action to pardon people convicted of low-level marijuana offenses, according to a report from the National Organization for the Reform of Marijuana Laws.Mr. Moore said his executive order pardons cannabis possession convictions as well as convictions on charges related to possession of cannabis-related paraphernalia.The mass pardon does not remove the convictions entirely from people’s criminal records. Under Maryland’s program, people whose convictions are pardoned can apply to a state court for expungement of their records. Those cases are decided individually by judges, and are not automatic, an administration official told reporters in a background briefing.Halina Bennet More

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    Martha’s Vineyard Will Have Enough Pot This Summer

    For the island’s cannabis dispensaries, a sudden change in regulations came just in time.Until recently, Geoff Rose, the proprietor of a cannabis business on Martha’s Vineyard, believed he was in for a bleak summer.That was because his marijuana dispensary, Island Time, had run out of product — and it seemed as if he would be unable to replace it during the busy tourist season on the 96-square-mile Massachusetts island that has long been a haven for vacationers.But on Thursday, state regulators issued an order that would allow cannabis products to be transported across the ocean to licensed businesses.Mr. Rose closed his shop — temporarily, as it turns out — on May 14. At the time, the display cases were empty. No gummies. No tinctures. No pre-rolls. The only item of interest to some of his customers was the chocolate.“I believe there were 14 chocolate bars left,” Mr. Rose said in a phone interview. “They were the last to be sold. More than 14 people came in. Some were disappointed: ‘I don’t want chocolates.’ But some said, ‘OK, I’ll take it.’”The shortage, first reported by The Associated Press, had to do with conflicting laws surrounding the sale and transport of marijuana.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More