Donald Trump’s lawyers fight DA’s request for a gag order in his hush-money criminal case

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By MICHAEL R. SISAK (Associated Press)

NEW YORK (AP) — Donald Trump’s lawyers warned Monday that a gag order sought by New York prosecutors ahead of his March 25 hush-money criminal trial would amount to unconstitutional and unlawful prior restraint on the former president’s free speech rights.

Trump’s lawyers urged Judge Juan Manuel Merchan to reject the request, which prosecutors said was prompted by his “long history of making public and inflammatory remarks” about people in his legal cases, as well as a spike in threats tied to his rhetoric.

The Manhattan district attorney’s office asked last week for what it described as a “narrowly tailored” order to bar Trump from making or directing others to make public statements about potential witnesses and jurors, as well as statements meant to interfere with or harass the court’s staff, prosecution team or their families.

Trump’s lawyers, responding in court papers Monday, said such an order would hinder his ability to “respond to public attacks relating to this case” while foes including his former lawyer Michael Cohen are free to criticize him in TV appearances and on social media.

They suggested the prosecution’s request is intended to muzzle Trump, the leading Republican presidential candidate, at a critical time in his campaign — with Super Tuesday primaries in 16 states and his Democratic rival, President Joe Biden, set to deliver the annual State of the Union address on Thursday.

“American voters have the First Amendment right to hear President Trump’s uncensored voice on all issues that relate to this case,” Trump’s lawyers Todd Blanche and Susan Necheles wrote in their 18-page response.

“President Trump’s political opponents have, and will continue to, attack him based on this case,” Trump’s lawyers said. “The voters have the right to listen to President Trump’s unfettered responses to those attacks — not just one side of that debate.”

In a related filing Monday, Trump’s lawyers said they agreed with prosecutors that the names of jurors should be kept from the public to protect their safety.

Merchan did not immediately rule. Barring a last-minute delay, the New York case will be the first of Trump’s four criminal indictments to go to trial.

The Manhattan case centers on allegations that Trump falsified internal records kept by his company to hide the true nature of payments to Cohen after he paid porn actor Stormy Daniels $130,000 as part of an effort during Trump’s 2016 presidential campaign to bury claims he’d had extramarital sexual encounters.

Trump is charged with 34 counts of falsifying business records, a felony punishable by up to four years in prison, though there is no guarantee that a conviction would result in jail time.

Trump has lashed out about the case repeatedly on social media, warning of “potential death & destruction” before his indictment last year, posting a photo on social media of himself holding a baseball bat next to a picture of District Attorney Alvin Bragg and complaining that Merchan is “a Trump-hating judge” with a family full of “Trump haters.”

The proposed gag order would not bar Trump from commenting about Bragg, an elected Democrat.

Trump’s lawyers argued Monday that his past comments about Bragg should “have no bearing” on Merchan’s decision. They said prosecutors were wrong to blame Trump for a spike in threats Bragg and his office received after he posted on social media last year that he was about to be arrested and encouraged supporters to protest and “take our nation back!”

Trump didn’t make the threats and bears no responsibility for the actions of others, his lawyers wrote, characterizing the proposed gag order as a “classic heckler’s veto.”

A gag order would add to restrictions put in place after Trump’s arraignment last April that prohibit him from using evidence in the case to attack witnesses. Trump’s lawyers said they have “taken great care to ensure compliance with the terms of that order.”

Trump is already under a gag order in his Washington, D.C., election interference criminal case and was fined $15,000 for twice violating a gag order imposed in his New York civil fraud trial after he made a disparaging social media post about the judge’s chief law clerk.

“Self-regulation is not a viable alternative, as defendant’s recent history makes plain,” prosecutors told Merchan in court papers last week.

Trump, they said, “has a longstanding and perhaps singular history” of using social media, campaign speeches and other public statements to “attack judges, jurors, lawyers, witnesses and other individuals involved in legal proceedings against him.”

The proposed gag order mirrors portions of an order imposed on Trump in October in his separate Washington federal case, where he is charged with scheming to overturn the results of his 2020 election loss to Biden.

A federal appeals court panel in December largely upheld Judge Tanya Chutkan’s gag order but narrowed it in an important way by freeing Trump to criticize special counsel Jack Smith, who brought the case. Manhattan prosecutors echoed that ruling by excluding Bragg from their proposed gag order.

Second 911 call from Burnsville home: Child reported ‘there was a big shootout here’

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A second 911 call from a Burnsville house came from a child who reported, “There was a big shootout here and my dad’s down,” according a newly released transcript.

Shannon Gooden, 38, barricaded himself in the home with seven children. He fatally shot Burnsville officers Paul Elmstrand and Matthew Ruge and Burnsville firefighter/paramedic Adam Finseth on Feb. 18. Gooden then died by suicide, the medical examiner’s office has said.

The transcript of the second 911 call from the home sheds more light on the trauma the children went through. Five were Gooden’s children and two are his girlfriend’s.

Relatives of the children have expressed gratitude for the first responders, with the aunt of four of them saying they are “safe today because of their heroic actions.” They’ve also said they’re trying to help the children, who weren’t physically hurt, to heal mentally and emotionally.

Girlfriend called 911 first

The first call to Dakota 911 came in at 1:50 a.m. Feb. 18. The caller said: “Can I have the police at my house right now please?” and gave an address in the 12600 block of 33rd Avenue South in Burnsville, according to a 911 transcript.

Gooden’s girlfriend was the 911 caller, according to Noemi Torres, who was previously in a relationship with Gooden, of what the woman told her. Three of Torres’ children, who she had with Gooden, were in the home at the time.

The caller reported: “Um, my husband is,” and what she said next was redacted by the city of Burnsville. “Help me. Shut the (expletive) up,” according to the transcript. Then, there was screaming and the call disconnected.

Dakota 911 kept calling back back, but didn’t reach the caller.

Gooden’s girlfriend told Torres that he took the phone and she tried to get him to calm down before she ran out from the garage and talked to police outside, Torres said.

Shot officers ‘without warning’

Photos of Burnsville police officers, from left, Paul Elmstrand, Matthew Ruge and firefighter/paramedic Adam Finseth are displayed during a community vigil Feb. 20, 2024, at the Burnsville Police Department/City Hall. (Mara H. Gottfried / Pioneer Press)

Officers responded to the home after receiving a report of a domestic incident, according to the Minnesota Bureau of Criminal Apprehension, the investigating agency. It was “regarding an alleged sexual assault,” a BCA agent wrote in an application for a search warrant. The BCA has said their investigation includes what led to the 911 call.

When police arrived, they spoke with Gooden, who refused to leave the home; he said he was unarmed and had children inside, according to the BCA.

Ruge, a trained crisis/hostage negotiator, was talking to Gooden inside the rental home. Also with him were Elmstrand and their supervisor, Sgt. Adam Medlicott.

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Officers tried to get Gooden to surrender peacefully, but he opened fire “without warning” at 5:26 a.m., the BCA said. He shot Ruge, Elmstrand and Medlicott in the home. Medlicott and another officer returned fire in the house.

Gooden shot Ruge and Medlicott a second time as the officers were moving from the home to an armored vehicle in the driveway. Finseth tried to aid the officers and Gooden shot him. Medlicott was treated at the hospital and released.

A firearm from the scene was traced to a Burnsville firearm shop. The purchaser passed the background check and took possession of it on Jan. 15. The store’s owner said authorities are now investigating it as a straw purchase — when someone buys a gun legally and provides it to someone who is prohibited from having it, which was the case for Gooden.

Torres said she didn’t know Gooden had guns or that he’d tried to get his firearm rights restored, which a judge denied in 2020.

After shooting, teen reported she was alone with siblings

Gooden and his current girlfriend had two children together. Torres and Gooden, who broke up in 2016, had three children, ages 12, 14 and 15. His girlfriend has two children from a previous relationship. The seven kids were the children in the home.

Torres’ 12-year-old daughter and his girlfriend’s 14-year-old daughter were in the home’s main bedroom with Gooden when he was firing and when he shot himself, Torres said.

The 14-year-old called 911 at 6:54 a.m., according to a transcript of the call requested by the Pioneer Press, which the city of Burnsville released Monday.

The girl, who referred to Gooden as her dad, reported he wasn’t breathing. She told a dispatcher that an officer shot Gooden in the leg and “then a little bit later, when the cops left he shot himself in the head,” the transcript said.

“It’s just … me and my siblings here,” she said, and told the dispatcher the children were putting on their jackets to go into the cold.

The dispatcher told them to walk out the door and that officers would tell them what to do. The teen said she’d be holding children’s hands.

“Five, six, seven,” an officer could be heard counting the children as they exited, with the teen still on the phone with 911.

“You guys aren’t hurt at all?” an officer asked. The teen said, “No,” but also noted a child had a cut to the arm.

Torres has said her 12-year-old daughter was struck by a glass shard in the arm when Gooden was shooting out a window.

Police put the children into armored vehicles. A paramedic or medics checked their blood pressure.

A medic asked the children: “You guys hungry at all? We have (unintelligible) bars, they don’t sound or taste the best but if you’re hungry I can grab one for you,” the transcript said.

12-year-old left with ‘what ifs’

Torres said Monday that of her three children, her 12-year-old is taking it the hardest because she was in the same room with Gooden. She said she’s been letting her talk about what happened without asking her questions, and she’s in the process of getting therapy for all of them.

The girl left school early Monday because “she was thinking about the last moments that she was with her father” and was feeling sad, Torres said.

Torres’ daughter said Gooden asked the 14-year-old girl “something about who’s going to be watching the younger brothers,” referring to his younger sons, according to Torres. Gooden’s 12-year-old “wishes she could have said more to maybe change his mind in some kind of way,” Torres said.

“She has a lot of ‘what ifs,’” Torres said. “She even says, ‘I wish I could have left the room and went and talked to the officers’” before Gooden shot them. Torres said she’s told her daughter: “I don’t think your dad would have let you.”

She’s also said to the girl: “You’re going to have those ‘what ifs,’ but also know that there’s nothing you could have done to prevent it. There was nothing that anybody could have done to stop him from what he was going to do.”

How to help

Donations for the families of the first responders who were killed are being accepted at lels.org/benevolent-fund.

A friend of Torres established gofundme.com/f/transpiration-for for her because they “are struggling to resume their normal routine due to lack of housing and transportation.”

Gooden’s current girlfriend’s sister established a fundraiser at gofundme.com/f/devastation-for-family-of-7-childrenburnsville-mn so they can find a new place to stay, replace transportation and get therapy.

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Minnesota House passes bill aimed at clarifying police force use in schools

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After weeks of committee hearings and compromises, the Minnesota House on Monday passed a bill aimed at clarifying the kinds of force police officers can use on students in schools.

Lawmakers have been working since the beginning of the legislative session on Feb. 12 to address law enforcement concerns about a 2023 state law that put new restrictions on officers’ use of prone restraints on students in schools by including them in the list of school employees prohibited from using that kind of hold.

At the beginning of the school year, more than 40 law enforcement agencies withdrew school resource officers in response to the law.

While Attorney General Keith Ellison in September issued guidance that addressed the concerns of most law enforcement agencies, Republicans pushed on majority Democratic-Farmer-Labor lawmakers to tweak the law to clear up any potential confusion.

‘Model policy’

The result is a bill that allows the use of prone restraints on students, but only in situations where there is a risk of death or serious harm. The state’s Peace Officer Standards and Training Board will have to develop a new “model policy” for school resource officers by the end of the year, with input from schools and community organizations.

Rep. Cedrick Frazier, DFL-New Hope. (Courtesy of MN House)

“We need to focus on our kids and worry about making sure they are OK. That is what this bill is about,” said Rep. Cedrick Frazier, a DFLer from New Hope who sponsored the bill in the House. “It creates a framework for the entire state now. There’ll be transparency. There’ll be accountability, if necessary.”

The bill passed 124-8, with Democrats making up all the no votes. Its next stop is the Senate, and then the desk of DFL Gov. Tim Walz, who said he supports the bill.

The bill’s passage in the House comes after DFL lawmakers accepted their GOP colleagues’ suggestions for the bill, which were aimed at pleasing law enforcement groups. That included new language to preserve peace officers’ discretion in using force if the “model policy” contradicts their duty to protect the public as a whole.

Bipartisan talks

Those bipartisan talks started happening after it became apparent some progressive members of the House DFL Caucus might not back the bill. DFLers have 70 seats in the House and Republicans currently have 63. With no GOP support it might not have passed.

Republicans on Monday said the change should have come sooner, but thanked Democrats for coming to the table to reach a bipartisan agreement on school resource officers.

“I think on both sides we want to make sure our schools, our kids, and our teachers are safe,” said Rep. Jeff Witte, a Lakeville Republican who once worked as a school resource officer.

Law enforcement groups including the Minnesota Chiefs of Police Association, Minnesota Sheriffs’ Association and the Minnesota Peace and Police Officers Association said they were on board with the version of the bill that passed on Monday.

Activist groups like the Solutions Not Suspensions Coalition remain opposed, as they don’t want a rollback of restrictions on face-down restraints.

St. Paul Public Schools moved to end its school resource officer program in 2020 following the murder of George Floyd by Minneapolis police officer Derek Chauvin. Floyd died after being held in a face-down restraint which impeded his breathing. Opponents of prone restraints in schools have cited Floyd’s death as an example of the risks posed by that type of force.

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John Marboe: A musical soul, Ron Evaniuk

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“No one can do what Ron does on cello,” Tom Kehoe told me. But let me back up in time.

Tom and his wife, Mira, are marvelous jazz musicians who came to our small community church in the Midway of St. Paul seven years ago. I told them at the time, “We can’t afford you.” They said, “You will be surprised. And we have friends. Some of the best musicians in town.”

Ron Evaniuk (courtesy of John Marboe)

“We believe in community,” they told me, “and we want to support the grace that a genuine community can provide. Music is a spiritual gift.”

I was stunned. I had just heard their band, Xibaba, play at a venue in downtown St. Paul. I did not believe they would be interested in playing at a small church that could offer them only $100 per week. They were interested. They said, “You get two for one. Both of us.” We started as an experiment, and the creative community collaboration has not stopped.

Ah, and their amazing musical friends. Many have graced our sanctuary over the years, but none who became more dear to me — to us — than Ron Evaniuk.

Ron was a great musician who was handed a cello at his grade school in Pittsburgh (he wanted to play trombone) by his teacher, a member of the Pittsburgh Philharmonic who taught public-school orchestra to make ends meet. Ron remembered needing to carry the cello home with his sister’s help in fifth grade. Later his family moved to Allen Park, Michigan. He kept up the cello and played with the Detroit Junior Symphony. Later he studied at the Cleveland Institute of Music, where Yo-Yo Ma also studied.

Ron went places. He was the cellist in Harry Chapin’s band. He toured and made several studio recordings. He played with Eric Kamau Gravatt and Source Code. He played with Paul Metsa, and with the Peter Vircks Quartet. He played at major theater venues in Minneapolis/St. Paul. He played upright bass and electric bass, as well as cello.

Ron Evaniuk (courtesy of John Marboe)

When I met Ron through Tom and Mira, he was working for an hourly wage at a model-train store. His gigs had mostly dried up. His concert cello had been stolen. He was facing serious health issues.

We invited him to play at the church. We found a student cello for him to play. That Sunday, a friend of mine was visiting who plays cello professionally. She was amazed at what she heard when she learned Ron was playing such a modest instrument, and that he had not played in years. The community later rallied to buy a cello worthy of his gifts — and, of course, as a gift to ourselves.

The church community (Zion Lutheran) embraced Ron and loved his music. He was energized to play again. It was a joy to see and hear him flourish.

He was never far from a laugh and a joke. As I would walk to the front to begin a Sunday service, he would play the theme from the Tonight Show with Johnny Carson — da da da da da … Which inspired me to pretend swinging a golf club. We developed a rapport.  Musical back and forth during the service, along with Tom at piano.

When I told him how grateful I was for him, his presence, and his gift, he replied, “I am grateful to be here, and to be part of this community.”

Ron Evaniuk (courtesy of John Marboe)

Last Saturday, I got a phone call from Tom. “Ron passed away,” he said. “We don’t know anything more.” I jumped in my car and met our musicians, Tom, Mira, Ray and Dennis, at Ron’s apartment. He had been found dead in his recliner, we were told. The police and medical examiner had come and taken his body. He had been dead for a day or two, or more. He lived alone, in an apartment with his hand-built model train city filling both rooms. He died alone.

But not entirely. In these last years, friends nurtured him back into playing, remembering, exploring his gift and genius for music. He gained and blessed a small community that appreciated and loved him.

In his apartment, I felt him present. I heard him laugh. I heard him play. Tom was right. No one can do what Ron could do — for us.

Rest well, dear friend.

The Rev. John Marboe of St. Paul is a pastor in the Evangelical Lutheran Church in America. His e-mail address is johncharles2@gmail.com

The memorial service for Ron Evaniuk will be at Zion Lutheran Church 1697 Lafond Ave., St. Paul, on Saturday, March 23. Visitation at 10 a.m., service at 11, luncheon to follow. Storytelling in the service most welcome.